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Home My WebLink About03/20/1990NEXT RESOLUTION NO. 24 NEXT ORDINANCE NO. 3 MARCS 20, 1990 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 CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Papen ROLL CALL: COUNCILMEN FORBING, MILLER, HORCHER, MAYOR PRO TEM WERNER, 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 Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please com lete a Speaker's Car and crive it to the City Clerk com 1 tion of this form is voluntary. There is a five minute maximum time limit when—addressina the CiLy Council. CONSENT CALENDAR: The following items listed 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. Parks and Recreation Study Session - March 22, 1990 - 7:00 p.m. - City Hall B. Planning Commission Meeting - March 26, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. D. Anniversary Committee - April 4, 1990 - 7:00 p.m. - City Hall E. Carlton J. Peterson Park Dedication - April 7, 1990 - 4:00 p.m. - Carlton J. Peterson Park. F. 1st Anniversary Celebration of Diamond Bar - April 21, 1990 - 8:00 a.m. to 4:00 p.m. - Diamond Bar High School CITY COUNCIL AGENDA PAGE 2 MARCH 20, 1990 G. Walnut Valley Water District Tour - April 24 - 26, 1990. 2. APPROVAL OF MINUTES - Amendment to Minutes of Regular Meeting of February 20, 1990 - correct Page 4 to reflect vote of 4 to 1 with C/Horcher voting no. - Approve Minutes of Regular Meeting of March 6, 1990 - Approve Minutes of Special Meeting of March 13, 1990 3. WARRANT REGISTER - Approve the Warrant Register dated March 20, 1990 in the amount of $787,529.23. 4. PARRS AND RECREATION MINUTES - Regular Meeting of February 8, 1990 and Study Session February 22, 1990. Recommended Action: Receive and file. 5. TRAFFIC AND TRANSPORTATION MINUTES - Regular Meeting of February 1, 1990. Recommended Action: Receive and file. 6. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND ICOUNTY LIGHTING 7DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 9-18. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and Couipty Lighting District LLA -1 City of Diamond Bar Zone Project 9-18. 7. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 134-57. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 134-57. 8. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA PAGE 3 MARCH 20, 1990 ZONE PROJECT 132-57. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 132-57. 9. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 129-64. 10, RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 136-57. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 136-57. 11. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 108-47. 12. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97. Recommended Action: Adopt Resolution No. 90 - XX CITY COUNCIL AGENDA PAGE 4 MARCH 20, 1990 granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 266-97. 13. RESOLUTION NO. 90 - XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE AGREEMENT FOR COST-SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR. Recommended Action: Adopt Resolution No. 90 - XX approving the agreement for cost-sharing of State highway electrical facilities in Diamond Bar. 14. REDUCTION OF BOND - Requested by County of Los Angeles for reduction of $175,000.00 Surety Bond by $131,300.00 for Storm Drain/Drainage Improvements Private Drain No. 1820, Unit 1, Tact No. 31941. Recommended Action: Reduce surety bond for Storm Drain/Drainage Improvements Private Drain No. 1820, Unit 1, Tract No. 31941 in the amount of $131,300. 15. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A LOCAL RETURN TRANSIT FUNDS TO THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION FOR REGIONAL FEDERAL -AID URBAN HIGHWAY FUNDS. Recommended Action: Adopt Resolution No. 90 - XX authorizing and approving the exchange of Proposition A Local Return Transit funds to the Los Angeles County Transportation Commission for Regional Federal -Aid Urban Highway Funds in the amount of $546,957. 16. BUS SHELTER REQUEST FOR PROPOSALS: The Council previously approved the bus shelter RFP in October 1989 but it was not distributed at that time due to the bus bench permits issued by the County. Those permits expire July 1, 1990. Therefore, the City is now in a position to not renew those permits for fiscal year 1990-91 and have the shelters installed without revoking permits or impacting local advertisers. Recommended Action: Authorize distribution of the Bus Shelter Request for Proposals and accept Proposals until April 27, 1990. 17. CONTRACT WITH R & B COMMERCIAL PROPERTIES - Requested by the property owner and the Sheriff's Department for CITY COUNCIL AGENDA PAGE 5 MARCH 20, 1990 additional special law enforcement services at the Country Hills Town Center to ensure that increased youth activities are controlled and legitimate. Recommended Action: Authorize the City Manager to execute a contract with R & B Commercial Properties for additional police services with the Sheriff's Depart- ment. All added services are to be reimbursed by R & B Commercial Properties. 18. AWARD OF BID FOR TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE & DIAMOND BAR BOULEVARD - Bids were received on March 13, 1990 from three contractors for traffic signal improvements at the intersection of Grand Avenue and Diamond Bar Boulevard. Recommended Action: Award bid to Triad Sales of Garden Grove in an amount not to exceed $11,556 for traffic signal equipment for Grand Avenue and Diamond bar Boulevard. SPECIAL PRESENTATIONS - Proclamations, certificates, etc. 19. PROCLAMATION: Proclamation of the City Council of the City of Diamond Bar proclaiming the month of March, 1990 as "Home Safety Measures" Month in conjunction with the Year -Long Earthquake Survival Program in Southern California. 20. PRESENTATION: Presentation by Charles Majus regarding radio communications for emergencies and request for financial assistance. OLD BUSINESS 21. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THAT THE AERIAL APPLICATION OF MALATHION INSECTICIDE BE SUSPENDED IN LOS ANGELES COUNTY. Recommended Action: Adopt Resolution No. 90 - XX requesting that the aerial application of Malathion Insecticide be suspended in Los Angeles County. 22. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE CONGRESS OF THE UNITED STATES TO REVIEW THE CABLE COMMUNICATIONS POLICY ACT OF 1984 TO OPEN THE CABLE INDUSTRY TO MORE COMPETITION IN THE MARKETPLACE. Continued from the March 6, 1990 Council meeting for additional information from the cable industry and the telephone CITY COUNCIL AGENDA PAGE 6 MARCH 20, 1990 industry. Recommended Action: Direct staff as necessary. 23. ORDINANCE NO. 25(A) (19$9): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 4 OF ORDINANCE NO. 25 (1989) PERTAINING TO THE POWERS AND DUTIES OF THE CITY PLANNING COMMISSION. Recommended Action: Approve for first reading by title only Ordinance No. 25(A) (1989) amending Section 4 of Ordinance No. 25 (1989) pertaining to the powers and duties of the City Planning Commission. 24. LANDSCAPING PLAN - MOBIL OIL CORPORATION - Pursuant to Council direction, Mobil Oil Corporation has submitted a revised landscaping plan which shows the additional requested landscaping area around the car wash. Recommended Action: Approve the revised landscaping plan as submitted. 25. GRAND AVE. TRAFFIC AND GRAND AVE. & DIAMOND BAR BLVD. MEDIAN IMPROVEMENT - As requested by the City Council on March 6, 1990, the City Engineer has provided a status report on both projects. Recommended Action: Reaffirm approval of the concept of double left turn pockets on Diamond Bar Blvd. at Grand. 26. RECYCLING POLICIES - Councilman Forbing recently attended a recycling seminar and proposes the addition of two City policies. These are: a) Recycling Policy - Establishing a general recycling policy to help fulfill requirements of the California Integrated Solid Waste Act of 1989 (AB 939) . b) RESOLUTION NO. 90.- XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND, BAR ESTABLISHING A PURCHASING POLICY FOR RECYCLED PRODUCTS - Establishing a general policy for the City to purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety or operation efficiency. Recommended Action:, Adopt Recycling Policy and Resolution No. 90 - XX establishing a purchasing policy for recycled products. CITY COUNCIL AGENDA PAGE 7 MARCID 20, 1990 27. CLARIFICATION OF REQUEST FOR PROPOSALS FOR DISPOSAL OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL GARBAGE .AND RUBBISH FOR THE CITY OF DIAMOND BAR - During a meeting held on March 13, 1990 with firms interested in the Request for Proposals for solid waste, questions were raised by prospective proposers. Their questions and the City Attorney's responses are outlined on the staff report. Recommended Action: 1) Direct staff to prepare an addendum to the RFP covering the topics of concern as presented to be mailed to the various proposers or as an alternative, prepare modifications as necessary and 2) extend submission date to April 20, 1990 to 3:00 p.m. NEW BUSINESS 28. ORDINANCE NO. XX (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING PARKING, AT ALL TIMES, ON THE NORTH AND THE SOUTH SIDES OF COLIMA ROAD FROM ITS INTERSECTION WITH BREA CANYON ROAD AND THE WEST CITY LIMITS AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. Recommended Action: Approve for first reading by title only Ordinance No. XX (1990) prohibiting parking, at all times, on the north and the south sides of Colima Road from its intersection with Brea Canyon Road and the West City limits and prescribing penalties for violation thereof. 29. ORDINANCE NO. XX (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING OR RESTRICTING THE STOPPING, PARKING OR STANDING OF COMMERCIAL VEHICLES IN SPECIFIED AREAS OF THE CITY, REPEALING SECTIONS 15.050 AND 15.64.110 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED, AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS ORDINANCE. Recommended Action: Approve for first reading by title only Ordinance No. XX (1990) prohibiting or restricting the stopping, parking or standing of commercial vehicles in specified areas of the City, repealing sections 15.050 and 15.64.110 of the Los Angeles County Code as heretofore adopted and prescribing penalties for violation. 30. TRUCK ROUTES - On March 1, 1990 the Traffic and Transportation Committee considered limiting truck traffic throughout the City. Their recommendations .include: 1) Prohibiting truck traffic on all streets CITY COUNCIL AGENDA PAGE 8 MARCH 20, 1990 with the exception of a) Lemon Avenue from Colima Road to the northerly City boundary; b) Colima Road from Lemon Avenue to Brea Canyon Road; c) Brea Canyon Road from Colima Road to northerly City boundary and d) Diamond Bar Boulevard from the Pomona Freeway northerly to 500 feet north of Sunset Crossing Road and 2) instituting a 10,000 pound gross weight limitation. Recommended Action: 1) Approve findings by the Traffic and Transportation Committee prohibiting use of City streets by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit of 10,000 pounds except for portions of the following listed streets: Lemon Ave. - Colima Rd. to northerly City boundary Colima Rd. - Lemon Ave. to Brea Canyon Rd. Brea Canyon Rd. - Colima Rd. to northerly City boundary Diamond Bar Blvd. - Pomona Fwy. northerly to 500 feet north of Sunset Crossing Rd. and 2) direct staff to prepare the necessary Ordinance, provide for the necessary noticing and set the matter for Public Hearing. 31. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A COUNCIL FAIRNESS POLICY CONCERNING PUBLICATION AND CEREMONIAL EVENTS SPONSORED BY THE CITY. Recommended Action: Consensus of Council and direct staff as necessary. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as matters can be heard. 32. PUBLIC HEARING - ORDINANCE NO. XX (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989), 11A(1989), 15(1989) AS HERETOFORE ADOPTED. Recommended Action: Approve for first reading by title only Ordinance No. XX (1990) adding a new Chapter 22.72 to Title 22 of the Los Angeles County Code pertaining to Development Review and repealing Ordinance Nos. 11(1989), 11A(1989) , 15 (1989) and 15A(1989) as heretofore adopted. 33. PUBLIC HEARING - PARCEL MAP NO. 15525 - Referred from Planning Commission on March 12, 1990, applicant CITY COUNCIL AGENDA PAGE 9 MARCH 20, 1990 requests to subdivide a 4.8 acre parcel (Diamond Bar Honda) into four (4) parcels with a multi -use development to include a parking structure, a MacDonald's Restaurant, a car wash and a future office building. Recommended Action.: It is recommended by the Planning Commission that the City Council approve: a) Resolution No. 90 - XX approving environmental determination for Parcel Map 15625 and a request to subdivide a parcel of real property in four (4) lots; b) Parcel Map 15625 subdividing the parcel into four lots C) Mitigated Negative Declaration. 34. PUBLIC HEARING: - CONDITIONAL USE PERMIT AND VARIANCE APPLICATION NO. 89257 - Referred from the Planning Commission March 12, 1990, applicant (Diamond Bar Friends Church) requests to amend an existing CUP approved August 1981 to continue operation of a school and add a pre-school facility for 75 more children. In addition, a variance is requested to construct a 4,200 sq. ft. building addition which would reduce the rear yard setback to 5 feet. Recommended Action: It is recommended by the Planning Commission that the City Council approve: a) Resolution No. 90 - XX approving Conditional Use Permit and Variance Application No. 89257, a request to continue operation of a school, add a pre-school facility for an additional 75 children, construct a structure into the rear yard setback and for an environmental determination. b) Conditional Use Permit to allow continuation of the existing school and expand service to a pre- school facility and 75 additional students as well as the construction of a two -floor, 4,200 sq. ft. building. c) Variance to permit a two -floor building to extend into rear yard setback to within five ft. of the property line. d) Categorical Exemption under CEQA Article 8, Section 15102. 35. PUBLIC HEARING .. CONDITIONAL USE PERMIT 89417 - Request to extend existing CUP for a veterinary clinic. The CUP was reviewed and approved by the Planning Commission on February 12, 1990 and noticed as a City Council Public Hearing .for March 20, 1990. The applicant has since submitted a request to continue this matter until April 3, 1990. CITY COUNCIL AGENDA PAGE 10 MARCH 20, 1990 Recommended Action: Open Public Hearing and continue the matter to the Regular Meeting of April 3, 1990. ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting. CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 ADJOURNMENT VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 2(� DATE: m 4tz 4 Z0 1"(76 TO: City Clerk FROM: AL.. /?%1v1P1Lt, ADDRESS: 7- 3 ` 7-.Y Go L i>E-V 5Pkl;I -l- ORGANIZATION: Aq 5,�FL r SUBJECT: �ti� /CC fay �cLiC[� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. / Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of I names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City.Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speakers Cards at the desk of the City clerk. * Council rules call for each speaker to limit remarks to * five (5) minutes. * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited.- Thank you. * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. � DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT:✓ I expect to address the Council on the subject agenda item. Please have.,the Council Minutes reflect my name and address as wr,;.tten above. V / S btu NOTE: All persons may attend meeting /and address t City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. 'Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited., Thank you. * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: .�S �� 7—C: s CIE ADDRESS: ORGANIZATION: SUBJECT:�� T expect to address the Council on the pubject �., enaalitem. Please have the Council Minutes reflect my named3rassi�triabove. S igna'ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or.discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited.- Thank you. * ****************************************************************** r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: DCA cl 0 TO: City Clerk FROM: 7�Q2 C�'1\°%Z ADDRESS: L ORGANIZATION : Cs�A\ N ► V\ SUBJECT: —Z -- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. �<0-1 Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited., Thank you. * * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL y REGARDING AGENDA ITEM NO, DATE: gcw 74 TO: City Clerk FROM: - R C/A P14 -G-4 .. . ADDRESS: - 3,7 5' $ 67aL S-?P-'A'C k PIA, /f c,4_ ORGANIZATION: /vttBCF-s 4 k0F6Fs /?,/-4C, _74,,uck (7g('vg10- SUBJECT: I expect to address the Council on the subject agenda .item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. r r i ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited., Thank you. * * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. -3 1 DATE: Zo TO. City Clerk FROM: AL�ft"��1 LLQ ADDRESS: 2-3,75-2 r0 G 7 F/✓ ORGANIZATION: i e; SUBJECT: o a �i�u i (Qe�!%1 NJ's F lJLGC Cmc I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as -written above. ' Signature -._--- NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited.- Thank you. * * 02 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 20, 1990 CALL TO ORDER: Mayor Papen called the meeting to order at or 6:08 p.m. in the Council Chamber, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of ALLEGIANCE: Allegiance by Councilman Horcher. ROLL CALL: Councilmen Horcher, Miller, Mayor Pro Tem Werner, Mayor Papen. Councilman Forbing arrived at 6:17 p.m. Also present were City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. PUBLIC COMMENTS: Jackie Fleming, 24009 Decorah Rd., advised that she represented the Diamond Point PTA. She spoke regarding the danger to students crossing Golden Springs Dr. at Sunset Crossing to attend Diamond Point Elementary and requested the Council to consider installing a traffic signal at this location. She presented the Council with signed. Petitions from the parents at the school. M/Papen referred the matter to the Traffic and Transportation Committee for review. Don Gravdahl, 23988 Minnequa, proposed that the Council select a five member committee (2 members from the north end and 2 from the south end) to work with the school districts to bring some unity to the City. M/Papen advised that she would refer the matter to the Parks and Recreation Commission for their review and recommendation. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to approve the Consent Calendar with the exclusion of items 2, 6 and 9. With the following Roll Call vote, the motion carried: AYES: Councilmen - Horcher, Forbing, Miller, MPT/Werner M/Papen NOES: Councilmen - None ABSENT: Councilmen - None Schedule Future Parks and Recreation Commission Study Session Meetings February 22, 1990 - 7:00 p.m. - City Hall Planning Commission - February 26, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S.. Lemon Avenue FEBRUARY 20, 1990 Page 2 Traffic and Transportation Committee - March 1, 1990 - 7.00 p.m. - Heritage Park. Parks and Recreation Commission - March 81 1990 - 7:00 p.m. - Heritage Park First Quarterly Joint Breakfast Meeting - City Council and Los Angeles Sheriff's Department, Walnut Substation - March 8, 1990 - 7:00 a.m. - Diamond Bar Country Club. Anniversary Committee - March 12, 1990 - 7:00 p.m. - City Hall Walnut Valley Water District Tour - April 24 - 26, 1990 Warrant Register Approved Warrant Register dated February 20, 1990 in the amount of $196,039.16. Treasurer's Report Approved Treasurer's Report for month of January, 1990. Planning Commission Received and filed Planning Commission Minutes Minutes for January 24, 1990. Exoneration of Bond Accepted completion of public improvements and released bond for sanitary sewer improvement for Private Contract No. 10585, Tract No. 42573. Funding of Parks Authorized appropriation in an amount not to Program exceed $15,000 for operation of Parks Programs March 1 through June 30, 1990. Termination Agreement Authorized the Mayor to execute Termination Agreement with Pacesetters Building Services and Diamond Bar Business Associates regarding leasing of office space. Proclamation - "Water Proclaimed the month of May, 1990 as "Water Awareness Month" Awareness Month." Proclamation - Proclaimed the Month of March, 1990 as "American Red Cross "American Red Cross Month." Month." National/State/County Directed staff to advise art organizations Partnership Grant that may have an interest. Resolution 90-21 Adopted Resolution 90-21 entitled: A Traffic Signal Bids RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF FEBRUARY 20, 1990 Page 3 TRAFFIC SIGNAL EQUIPMENT FOR GRAND AVENUE AND DIAMOND BAR BOULEVARD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Minutes of MPT/Werner requested that on Page 12, 3rd February 6, 1990 paragraph, that Mr. Rumpilla's remarks regarding alleged Brown Act violations be stricken from the Minutes. With consensus of Council, the comment was directed to be stricken. M/Papen requested that the amended Page 13 be added to the Minutes. With no objections, the amendments to the Minutes of February 6, 1990 were approved. Resolution No. 90-20 M/Papen spoke about the proposed Resolution Zip Codes regarding Zip Codes. She then requested that an additional "Whereas" be inserted. M/Papen moved and MPT/Werner seconded to adopt Resolution No. 90-20 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE UNITED STATES CONGRESS AND THE NATIONAL LEAGUE OF CITIES TO ENDORSE HOUSE RESOLUTION 2380 AND SENATE BILL 1214 RELATING TO THE REDRAWING OF ZIP CODE BOUNDARIES. Motion carried unanimously. Tiny Tot Co-op MPT/Werner asked Mr. Janiel about the safety Daycare Program of the building to be used by the program. Mr. Janiel advised that since the program consisted of only 20 hours per'week and would not be a full day care program, the require- ments would not be the same. MPT/Werner moved and C/Miller seconded to approve funding of $2,200 to initiate a Co-op Daycare Program at Heritage Park from March 1 through June 30, 1990. With the following Roll Call Vote, the motion carried: AYES: Councilmen - NOES: Councilmen - ABSENT: Councilmen - - Horcher, Forbing, Miller, MPT/Werner and M/ Papen None None After discussion, C/Miller moved, M/Papen seconded to deny approval of Final Tract Map 45678 due to lack of substantial compliance with the Tentative Tract Map. With a voice vote of 4 to 1--C/Horcher voting no --the motion carried. Mobil Oil Dennis Tarango, City Planner, gave a presentation regarding the project and recommended that the proposal be approved. A real estate representative for Mobil Oil Corp., Valley Stavros, 3800 W. Alameda Blvd., Ste. 700, Burbank, advised that the carwash being proposed would blend in with the existing structure at the site. They are willing to work with staff to landscape as requested. MPT/Werner requested that Mobil Oil bring back a supplemental landscaping plan. FEBRUARY 20, 1990 Page 4 SPECIAL PRESENTATIONS: Proclamation - Month Gary Lawson of Lawson Medical Group, of March, 1990 as requested the Council to proclaim the month B.A.D. Month of March, 1990 as B.A.D. (Businesses Against Drugs) in the City of Diamond Bar. M/Papen moved and MPT/Werner seconded to Proclaim the Month of March 1990 as B.A.D. Month. Motion carried unanimously. Certificates of M/Papen and MPT/Werner presented Al Flores, Appreciation President of the Diamond Bar Rotary Club, with two Certificates of Appreciation: for donation of a Radar Monitoring Device; and for assistance with installation of American flags on holidays. OLD BUSINESS: A&R Leasing & Continued from February 6, 1990. Ron Investment Kranzer, City Engineer, stated that this Final Map No. 45678 matter had been continued due to lack of information on areas of concern by the Council. He recommended denial of approval of the Final Map due to lack of substantial compliance with the Tentative Map. Ernie Del Rey, 23443 E. Amberwick, requested an extension for consideration of his Final Map. After discussion, C/Miller moved, M/Papen seconded to deny approval of Final Tract Map 45678 due to lack of substantial compliance with the Tentative Tract Map. With a voice vote of 4 to 1--C/Horcher voting no --the motion carried. Mobil Oil Dennis Tarango, City Planner, gave a presentation regarding the project and recommended that the proposal be approved. A real estate representative for Mobil Oil Corp., Valley Stavros, 3800 W. Alameda Blvd., Ste. 700, Burbank, advised that the carwash being proposed would blend in with the existing structure at the site. They are willing to work with staff to landscape as requested. MPT/Werner requested that Mobil Oil bring back a supplemental landscaping plan. FEBRUARY 20, 1990 Page 5 After discussion, MPT/Werner moved and C/Miller seconded to approve the proposed amendments to the Unilateral Agreement with the requirement that a supplemental landscape plan be brought back to Council for additional circulation definition to the site and proper landscaping. With the following Roll Call vote, the motion carried. AYES: Councilmen - Horcher, Forbing, Miller, MPT/Werner and M/Papen NOES: Councilmen - None ABSENT: Councilmen - None M/Papen declared a recess at 7:05 p.m. M/Papen reconvened the meeting at 7:14 p.m. Ordinance No. 2 Following a presentation by Joann Saul, Financial Garbage & Refuse Management Assistant and discussion regarding the Collection Ordinance, CA/Arczynski presented ORDINANCE NO. 2 (1990) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPTING REQUIREMENTS AND STANDARDS RELATING TO GARBAGE AND REFUSE COLLECTION, as amended. It was moved by M/Papen, seconded by C/Miller to waive reading and adopt Ordinance No. 2 (1990), as amended, by title only. With the following Roll Call Vote, the motion carried: AYES: Councilmen - Horcher, Forbing, Miller, MPT/Werner and M/Papen NOES: Councilmen - None ABSENT: Councilmen - None Request for Following discussion regarding the Request for Proposals - Proposals, staff was directed to make necessary Garbage & Refuse changes. By Council consensus, the Request for Collection Proposals was approved as amended. Malathion Following discussion, staff was directed to obtain Spraying for further information regarding the City's rights to Medflies protest the spraying and bring back for Council consideration at a later date. CLOSED SESSION: There being no further business, M/Papen recessed to Closed Session at 9:22 p.m. for discussion of Litigation and Personnel Matters. FEBRUARY 20, 1990 Page 6 ADJOURNMENT: M/Papen reconvened Regular Session at 9:50 p.m., declared that there was no reportable action taken and adjourned the meeting at 9:50 p.m. ATTEST: Mayor Respectfully Submitted LYNDA BURGESS City Clerk MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 61 1990 CALL TO ORDER Mayor Papen called the meeting to order at 6:00 p.m. in the Council Chamber, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of ALLEGIANCE Allegiance by Mayor Papen. ROLL CALL Councilmen Horcher, Miller, Mayor Pro Tem Werner and Mayor Papen. Councilman Forbing arrived at 6:15 p.m. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS In response to previously -made allegations, M/Papen indicated that a full accounting of City records regarding trips away from the City show that no improper charges were made and that the City did not pay expenses for friends traveling with her. She further stated that these records were available for public review. C/Horcher stated that he objected to the recently - published City Newsletter and the date for the dedication of Peterson Park which is three days prior to the election. He felt that these efforts were to show the public how "greats' their elected officials are so they could win re-election. C/Miller responded that C/Horcher did not seem to object to the Newsletter and Peterson Park dedication date when previous discussions took place and wondered why they had now become an issue. MPT/Werner reported on the FEMA Seminar that M/Papen, CM/Van Nort, Charles Majus, a local resident, and he had attended in Maryland. He advised that it was sponsored by the Federal Government to provide disaster training for local elected officials throughout the nation. M/Papen also commented on the Seminar and recommended that an EOS sub -station (Emergency Operations System) be set up at City Hall. The initial cost for this project would be between $30,000 and $35,000. This would include radio communications (ham station), food and water supplies for staff and training for all City staff. M/Papen also reported on a meeting involving MPT/Werner and Congressman Dreier regarding the Post Office. A meeting will be scheduled in the next two weeks with Congressman Dreier's staff MARCH 6, 1990 Page 2 and the Postmaster for the Anaheim station that is in charge of our area. She requested that Diamond Bar residents send letters to City Hall documenting their problems with the post office. PUBLIC COMMENTS Suzanne Hale, 2940 Ohan Ct., asked if anything was being done about recycling and indicated that she would be willing to volunteer her time. Carol Braley, 106 N. Rock River Dr., spoke regarding the view of Prospectors Rd. by the Ramada Inn. The chain link fence has broken down, construction debris from the Ramada Inn is still there, trash has accumulated underneath the freeway and the fence that a car went through has not been repaired. She handed M/Papen photographs taken of these areas. M/Papen stated that this matter would be referred to Code Enforcement. Tony Lucchino, 24412 Eastgate, asked whether the City Council had worked with the Pomona Unified School District regarding Pantera Elementary School development. He suggested that a committee be implemented to research this matter and help organize the community to work with Pomona. Shirley Lucchino, 24412 Eastgate, advised that a meeting had been scheduled for 7 p.m. on March 15th at Golden Springs Elementary School, at which time the Pomona Unified School District would discuss the development of the school. She requested more support from the City on this issue. Cleve Holified, 656 S. Farben, stated that he was disappointed in the Council in dealing with the Pomona school issue. He stated that he had served for 1 year on the School Site Selection Committee and that during that time, no one from the Council participated in the program to do anything about the school in Diamond Bar. He suggested that the Council attend School Board meetings to discuss this issue. Susan J. Chapkis, Esq., 23969 Sunset Crossing Rd., spoke against the malathion spraying for medflies. She presented Council with material that she gathered regarding the safety of the chemicals used. MARCH 6, 1990 Page 3 CONSENT CALENDAR C/Miller moved and MPT/Werner seconded to approve the Consent Calendar with the exception of Items No. 6 and 9. With the following Roll Call vote, the motion carried: Warrant Register Approved Warrant Register dated March 6, 1990 in the amount of $322,156.10. Parks and Received and filed Parks and Recreation Commission Recreation Minutes of Regular meeting of January 25, 1990 and Minutes Study Session of January 25 1990. Resolution 90-22 Adopted Resolution No. 90-22 entitled: A Traffic Signal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Equipment - DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR Grand Ave. at THE CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR Longview, Shotgun GRAND AVENUE AT LONGVIEW DRIVE, AT SHOTGUN LANE & Summit Ridge AND SUMMIT RIDGE DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. AYES: Councilmen - Horcher, Forbing, Miller, MPT/Werner and M/Papen NOES: Councilmen - None ABSENT: Councilmen - None Schedule Future First Quarterly Joint Breakfast Meeting - City Meetings Council and L.A. Sheriff's Department, Walnut Substation - March 8, 1990 - 7:00 a.m. - Diamond Bar Country Club. (reservations required) Parks and Recreation Commission - March 8, 1990 - 7:00 p.m. - Heritage Park Planning Commission - March 12, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Avenue Anniversary Committee - March 12, 1990 7:00 p.m. - City Hall Planning Commission - March 26, 1990 - 7:00 p.m. W.V.U.S.D. Board Room, 880 S. Lemon Avenue Walnut Valley Water District Tour - April 24 -- 26, 1990. Approval of Approved Minutes of February 20, 1990. Minutes Warrant Register Approved Warrant Register dated March 6, 1990 in the amount of $322,156.10. Parks and Received and filed Parks and Recreation Commission Recreation Minutes of Regular meeting of January 25, 1990 and Minutes Study Session of January 25 1990. Resolution 90-22 Adopted Resolution No. 90-22 entitled: A Traffic Signal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Equipment - DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR Grand Ave. at THE CONSTRUCTION OF TRAFFIC SIGNAL EQUIPMENT FOR Longview, Shotgun GRAND AVENUE AT LONGVIEW DRIVE, AT SHOTGUN LANE & Summit Ridge AND SUMMIT RIDGE DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. MARCH 6, 1990 Page 4 Resolution 90-23 Adopted Resolution No. 90-23 entitled: A Polling Places & RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Precinct Board DIAMOND BAR, CALIFORNIA, ESTABLISHING VOTING Members PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 10, 1990, CALLED BY RESOLUTION NO. 90-3 OF THE CITY COUNCIL. Resolution 90-24 Adopted Resolution No. 90-23 entitled: A Ordering Canvass RESOLUTION OF THE CITY COUNCIL OF THE CITY OF General Municipal DIAMOND BAR, CALIFORNIA, ORDERING THE CANVASS Election 4/10/90 OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 1990, BE MADE BY THE CITY CLERK. Public Works Mutual Authorized Mayor to execute the Public Works Aid Agreement Mutual Aid Agreement with L.A. County on behalf of the City. Cable Communications CM/Van Nort stated that the proposed resolution is intended to urge Congress to revise the Cable Communications Policy Act of 1984 to open the cable industry to more competition in the market -place. Scott Wheeler, Jones Intercable, 20965 Lycoming Street, Walnut, spoke in opposition to the resolution. Suzanne Budovec, GTE, 280 S. Locust, Pomona spoke in favor of the resolution. After discussion, it was agreed by consensus of Council that this matter would be continued to the March 20, 1990 meeting. Award of Bid for MPT/Werner asked the City Engineer questions Landscaping of Medians regarding the left turn lane of the southbound portion of the median strip from two double -loaded left -turn pockets to a single -loaded pocket from Diamond Bar Blvd. CE/Kranzer advised that the landscaping is only up to that area and does not include the turn pocket. He would, however, look into the suggestion and bring it back for review by Council at the March 20 meeting. M/Papen moved and MPT/Werner seconded to award the bid to Valley Crest Landscape Inc. of Santa Ana, in an amount not to exceed $334,388.75 for Diamond Bar median island improvements. Motion carried with the following Roll Call Vote: MARCH 6, 1990 Page 5 AYES: Councilmen - Forbing, Horcher, Miller, MPT/Werner and M/Papen NOES: Councilmen - None ABSENT: Councilmen - None SPECIAL PRESENTATIONS Proclamation - Proclaimed the Month of February, 1990 as Month of February "Portable Radio and Batteries" Month in the City 1990, as "Portable of Diamond Bar in conjunction with the Year -Long Radio & Batteries Earthquake Survival Program in Southern Month" California. Proclamation "Girl Scout Week" Presentation Proposed JPA Waste -by -Rail OLD BUSINESS General Plan Advisory Committee Membership Proclaimed the Week of March 11 -17, 1990, as "Girl Scout Week" in the City of Diamond Bar. Mr. Henry Morgan, representing the San Gabriel for Valley Assn. of Cities, spoke regarding the pro- posed Joint Powers Agreement for Waste -by -Rail and stated that the City of Pomona has indicated an interest in providing a transfer station in their City. It is anticipated that the rates will be approximately $15 per month for each residence. He indicated that the Association is looking for commitments from Cities within the next 90 days. Following discussion, M/Papen stated that the Council would take the matter under consideration. Ordinance 2 (1990) Requirements & Standards re Garbage & Refuse Collection CM/Van Nort explained that due to lack of involve- ment on the part of a number of the GPAC members, no action could be taken at the last meeting. It was then decided that the membership be reduced, through attrition, from 30 to 25 members. Following discussion, it was agreed that this matter be continued to the meeting of May 1, 1990. CA/Arczynski presented for second reading and adoption by title only Ordinance No. 2 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPTING REQUIREMENTS AND STANDARDS RELATING TO GARBAGE AND REFUSE COLLECTION. M/Papen moved to add a section regarding "disposal by incineration and that the committee shall not be allowed to dispose of the trash at an inciner- ator facility without the express consent of the Council." Motion died for lack of a second. MARCH 6, 1990 Page 6 C/Forbing moved and MPT/Werner seconded to adopt Ordinance No. 2 (1990). Motion withdrawn. C/Forbing moved and MPT/Werner seconded to waive full reading of Ordinance No. 2 (1990). Motion carried by the following Roll Call Vote: AYES: Councilmen - Forbing, Horcher, Miller, MPT/Werner and M/Papen NOES: Councilmen - None ABSENT: Councilmen - None C/Forbing moved and MPT/Werner seconded to approve Ordinance No. 2 (1990).. Motion carried by the following Roll Call Vote: AYES: Councilmen - Forbing, Horcher, Miller, MPT/Werner NOES: Councilmen - M/Papen ABSENT: Councilmen - None NEW BUSINESS Regulating Drive- C/Werner stated that as a matter of concern In Restaurants for the future of Diamond Bar, he would recommend the Council consider adopting an Ordinance regulating commercial businesses by prohibiting specific commercial retail outlets. This would prohibit "drive-in restaurants or other similar type food or beverage business whose patronage consists in whole or in part of motorists who are served while remaining in their vehicles." A similar Ordinance was adopted by the City of San Marino. ANNOUNCEMENTS MPT/Werner moved and M/Papen seconded to refer this matter to the Planning Commission for review and recommendation to the Council. M/Papen and MPT/Werner voted yes; C/Forbing, C/Miller and C/Horcher voted no. Motion failed. MPT/Werner requested that staff prepare a Resolution commending the Anniversary Committee and another Resolution commending persons involved with the Incorporation of the City. MARCH 6, 1990 Page 7 M/Papen requested that names of persons interested in serving on the General Plan Advisory Committee be submitted to her. CLOSED SESSION There being no further business, M/Papen recessed to Closed Session at 8:40 p.m. for discussion of Litigation and Personnel Matters. ADJOURNMENT M/Papen reconvened Regular Session at 9:10 p.m., declared that there was no reportable action taken and adjourned the meeting at 9:10 p.m. ATTEST: Mayor Respectfully Submitted, Lynda Burgess City Clerk MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR MARCH 13, 1990 CALL TO ORDER: M/Papen called the meeting to order at 8:10 a.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Mayor Papen. ROLL CALL: Mayor Papen, Mayor Pro Tem Werner, Councilmen Miller, Forbing and Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. Ratification of Following discussion, C/Werner moved and C/Horcher Council Action seconded to table this matter until the Regular of 2/6/90 Meeting Scheduled for April 3, 1990. Motion denied by the following Roll Call Vote: AYES: COUNCILMEN - Horcher, MPT/Werner NOES COUNCILMEN -- Forbing, Miller, M/Papen ABSENT: COUNCILMEN - None ATTEST: Mayor Motion made by C/Forbing, seconded by M/Papen to ratify the Council's action on Agenda Item No. 31 taken on February 6, 1990. Motion carried by the following Roll Call Vote: AYES: COUNCILMEN - Forbing, Miller MPT/Werner, M/Papen NOES: COUNCILMEN - Horcher ABSENT: COUNCILMEN - None Jay H. Davison, 599 S. Barranca #215, Covina, representing C/Horcher, spoke regarding his opinion of the invalidity of the action taken on February 6, 1990. There being no further business, M/Papen adjourned the meeting at 8:59 a.m. Respectfully Submitted, Lynda Burgess, City Clerk INTEROFFICE MEMORANDUM TO: Honorable Mayor and City Council FROM: Linda G. Magnuson, Senior Accountant SUBJECT: Warrant Register, March 20, 1990 DATE: March 15, 1990 Attached is the Warrant Register dated March 20, 1990. The warrants will be released on March 22, 1990. Please direct any questions to the Finance Department by 5:00 p.m. on March 21, 1990. CITY OF DIAMOND BAR WARRANT APPROVAL The attached listing of warrants dated March 20., 1990 is hereby allowed from the Various funds in the following amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund 194,171.09 112 Prop A Transit Tax Fund 546,957.00 121 Park Grant Fund 1.6,236.11 138 LLAD #38 Fund 4,326.16 139 LLAD #39 Fund 6,114.36 141 LLAD #41 Fund 3,882.01 226 Chino Hills Pkwy Const Fd 15.842.50 TOTAL ALL FUNDS $787,529.23 APPROVED BY: Linda G. Magn on Senior Accountant Robert L. Van Nort City Manager Phyllis E. Papen Mayor Paul V. Horcher Councilman WARRANT REGISTER Approval Date March 20, 1990 Warrant 4 invoice Vendor Name Amount Description Payroll Transfer 16,784.47 Payroll -3/07 1482 Walnut Station Booster Club 25,00 Meeting 1483 Miss Diamond Bar Beauty Pageant 30.00 Meeting 1484 Don E. Webster Retirement 90.00 Meeting 1485 Cyclone Postal Boxes 70.46 Signs 1486 Walnut Station Booster Club 50.00 Meeting 1487 Void 1488 Diamond Bar Country Club 390.60 4trLy Sheriff's Breakfast 1489 U.S. Postmaster 2,470.00 Postage-SampLe Ballots 1490 PERS Health Service 2,688.39 Health benefits 1491 League of California Cities 250.00 Planning seminar 1492 S.G. VaLtey Asn of Cities 18.00 Meeting 344435 Bitt's Lock and safe 26.56 Supplies Boyle Engineering 22,341.99 Wtr reuse study Breidinger, Date 32.00 Permit refund Burgess, Lynda 45.57 Supplies Burke, Laurie 19.80 Permit refund 161740 Business System Supply 225.64 Supplies City of Diamond Bar, Petty Cash 491.75 Petty cash reimbursement Computer Applied Systems 420.00 Monthly maintenance. D.B. Chamber of Commerce 30.00 Meetings 22993 Diamond Bar Stationer's 61.26 Supplies Diamond Pointe PTA 200.00 Park dedication Eclipse Information Sys. 402.34 Computer equipment Ewing Irrigation Products 261.06 Supplies Exxon 127.76 Fuel for park trucks DB -03-90 Fouratt, Matthew 1,984.62 Contract services GTE, California 661.36 Telephone 1529 General Procurement 16,236.11 Park construction Gordon's Inc. 328.06 Supplies Harmony and Assoc. 150.00 Advertisement Hawkins, Delefield 8 Wood 492.70 Legal services Ignacio, Antonio 100.61 Permit refund 3219 Jeykim Engineers, Inc. 15,130.00 Engr., Chino Hills Pkwy 90-05-034 Jobs Available 166.20 Advertisement Ken's Hardware 79.20 Supplies & tools Kyon YuL An 58.84 Permit refund 161C L.A. Cty-Fire Dept. 45,237.75 Contract secs L.A. Cty, Public Works Dept 23,440.25 Contract svcs 1-12 L.A. Cty-Dist. Attorney 72.80 Contract svcs L.A. Cty-Agriculture Comm. 1,715.63 Contract svcs L.A- Cty Transportation Comm 546,957.00 Trade-PrpA/FAU Landscape West 8,758.23 Contract -parks Landscape West 3,300.00 Contract-LLAD39 Landscape West 5,542.48 Contract-LLAD41 League of Ca. Cities 85.00 Seminar Markman, Arczynski, Hanson 4,718.50 City attorney Mission Valley Inn 128.62 Planning seminar Warrant # WARRANT REGISTER Approval Date March 20 1990 Invoice Vendor Name Amount Description 10734 New Technologies 72.59 Computer cables 1010 OK Landscape Maint. 2,967.00 Contract svcs-LLAD #38 Pac Tel Cellular 42.31 Telephone 2244 -BI Pacesetter Building Services 21,032.78 Contract svcs-Building 586 -PC Pacesetter Building Services 11,101.58 Contract svcs-Pian Ck Papen, Phyllis 57.81 Travel reimb Partsmaster, Inc. 38.47 Supplies 779018 Pitney Bowes 143.31 Postage mtr rental Progress Bulletin 231.21 Public notices PERS 1,604.30 Retirement Ramada Inn, Diamond Bar 46.65 GPAC Meeting Ron Kranzer & Assoc. 21,475.26 Engineering svcs San Gabriel Valley Tribune 198.34 Public notices Security Pacific National Bank 115.51 Meeting Sir Speedy 109.34 Anniversary celebration Southern Ca. Gas Co. 113.46 Gas -Heritage Pk Southern Ca. Edison 219.53 Elect.-LEAD#38 Southern Ca. Edison 10.14 Elect.-LLAD#41 Southern Ca. Edison 652.46 ELect.-Signals Southern Ca. Edison 828.29 ELect.-Parks Southern Ca. Edison 597.29 Elect. -St Lights Towne & Country Hotel 119.90 Planning seminar Towne Center Travel 276.00 Travel 90-0099 Traffic operations 526.42 Signing United Way 35.00 Meeting Van Hort, Robert L. 65.68 Reimbursement -meeting 1855 Visco Leasing 74.73 Supplies Walnut Valley Unified School Dist. 123.20 Room rental Walnut Valley Water District 567.75 Water-LLAD#38 Walnut Valley Water District 365.20 Water -Heritage Pk 14370 Warren, Collins & Assoc. 487,28 Equipment 13913 Western City Magazine 322.00 Advertisement TOTAL WARRANT REGISTER $787,529.23 Chair/Nyal moved to approve the Minutes of January 11, 1990 as amended. With Concensus of Commission the motion was approved. Minutes of Parks and Recreation Study Session of January 25, 1990: Chair/Nyal moved, VC/Nardella seconded the approval of the Minutes of the Study Session. With concensus of Commission, the motion was approved. MATTERS FROM THE Don Schad 1824 Shaded Wood Road, Diamond Bar, CA. AUDIENCE: advised that on March 31, 1990 there is a "Tree orientation" program presented by S.A.F.E. Mr. Schadpassed out information on the program. He also gave an update on the Tree Planting at Peterson Park for April 22 1990 at 9:30 a.m. He would like to see 1000 trees planted. Mr. Schad proposed that the building at Heritage Park be enlarged so as to be utilized by special programs. MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF FEBRUARY 8, 1990 CALL TO ORDER: Chair/Ivan Nyal called the meeting to order at 7:00 p.m. at Heritage Park, 2900 S. Brea Canyon Road, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Com/Stitt; ROLL CALL: Chair/Nyal, VC/Nardella and Commissioners Ruzicka, Stitt and Whelan. Also present were Parks and Maintenance Director Charles Janiel, Parks and Maintenance Superintendent Donald Hensley and Christine Adams, Walnut Valley Parks and Recreation. Secretary Tommye Nice was absent. APPROVAL OF Minutes of January 11, 1990: Conn/Whelan corrected MINUTES: the spelling of Lydia Pluck on Page 1 to P -Lr -U -N -K . Chair/Nyal moved to approve the Minutes of January 11, 1990 as amended. With Concensus of Commission the motion was approved. Minutes of Parks and Recreation Study Session of January 25, 1990: Chair/Nyal moved, VC/Nardella seconded the approval of the Minutes of the Study Session. With concensus of Commission, the motion was approved. MATTERS FROM THE Don Schad 1824 Shaded Wood Road, Diamond Bar, CA. AUDIENCE: advised that on March 31, 1990 there is a "Tree orientation" program presented by S.A.F.E. Mr. Schadpassed out information on the program. He also gave an update on the Tree Planting at Peterson Park for April 22 1990 at 9:30 a.m. He would like to see 1000 trees planted. Mr. Schad proposed that the building at Heritage Park be enlarged so as to be utilized by special programs. P&R Commission Page 2 Don Garrett, Interact group co-ordinator from Diamond Bar High School advised that the students in this organization are looking for a project to help the community and would be happy to help. Mr. Garrett introduced President Ben McBratney and Stephanie Ito of the Interact Group. VC/Nardella suggested that Mr. Garrett contact New York Seltzer regarding donation of drinks for the event. REPORTS: Pay Phones Chair/Nyal read the memorandum Donald Hensley had submitted to the Commission regarding the placement of Pay Phones in the City parks. Com/Ruzicka advised that he had brought the issue up at a Diamond Bar Improvement Association meeting. The DBIA would like to sponsor some type of program like this. Chair/Nyal suggested that this item be put on the agenda for the next meeting so that a report can be made by a representative from the DBIA. Walnut Valley Chair/Nyal presented the monthly staff report Recreation prepared by Christine Adams. ACTION ITEMS: Co-op Day Care Chair/Nyal recommended that this program be as self-sufficient as possible. He went on to recommend that the City contribute $1500.00 towards the set-up costs. Sunny Martindale, a resident of Diamond Bar, spoke on behalf of the co-op program. She suggested that a teacher be hired at approximately $72.00 per week and that $40.00 a month be charged for each child. P&R Commission Page 3 Liz Meyers alsospoke in favor of the co-op program. Com/Ruzicka moved and Chair/Nyal.seconded to adopt Ms. Adams' presentation of a self-sufficient pre- school for children in the City of Diamond Bar and the Walnut Valley school District boundries at Heritage Park with an allocation of funds not to exceed $2,200.00 for set-up costs. With the following Roll Call vote, the motion was passed: AYES: COMMISSIONERS: Stitt, VC/Nardella, Ruzicka, Whelan and Chair/Nyal NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Recreation Program Parks Director Janiel advised the Commission that in order to continue the after school programs from February 1, 1990 to the end of the fiscal year in Diamond Bar the cost would be $14,700.00. He went on to advise that it is staff's recommendation that the Commission recommend to Council an allocation of funds for the current programs at the current level not to exceed $15,000.00 to the end of the fiscal year. VC/Nardella moved and Com/Ruzicka seconded the approval of staff's recommendation. With concensus of Commission the motion was approved. Field Scheduling Frank Luzano from Diamond Bar Little League advised that the Little League was looking for practice fields and would like the Commission to keep them in mind if any fields become available. Chair/Nyal and Com/Ruzicka to handle field scheduling for the use of the parks during specific seasons. P&R Commission Page 4 W.V. Pony Baseball Chair/Nyal read a memo from Bob Russi regarding the use of Heritage Park by the Walnut Valley Pony Baseball from Monday through Friday nights 6.00 P.M. to 5:00 p.m. from this date until June 22, 1990 and that they are willing to pay the cost of the lights. After discussion, staff was directed to send a letter of instruction to Mr. Russi regarding the use of the Heritage Park field and that the Commission would be meeting to set up priorities as to the use of the Heritage Park field as well as other parks in the area. At this time the priority will go to Diamond Bar teams. Heritage Park Mr. Janiel advised the Commission that a resident had inquired about the possibility of leasing the Heritage Park building for a day-care center. Staff recommendation is not to consider this concept at this time. After discussion VC/Nardella moved, Com/Whelan seconded and with consensus of Commission staff was directed to contact Mr. Nargis to advise that his request had been denied based on the co-op program being instituted. Heritage Park Mr. Janiel advised the Commission that a sub Improvement committee needed to be appointed to work with City staff on ideas to -improve the Heritage Park building. After discussion Com/Whelan and Com/Stitt were appointed to the Heritage Park Improvement sub- committee. DISCUSSION AND INFORMATION ITEMS: Proposed Tree Mr. Janiel gave background on the proposed Tree Ordinance Ordinance that was submitted by Don Schad. He went on to advise that the ordinance has been passed on to the Planning Commission for their direction. This was given to the Parks and Recreation Commission for their information and comments. P&R Commission Page 5 Newspaper responses Chair/Nyal advised that the Commission received one response from Mrs. Fong. He further advised that Mr. Janiel would respond to Mrs. Fong suggestion. Architectural Chair/Nyal presented coorespondence from Gani San correspondence Angel Architect on services for Heritage Park. "Summary of Issues" Mr. Janiel advised that the General Plan Advisory Committee had drafted a "Summary of Issues" a copy of which is enclosed in each Commissioner's packet Regional Projects Mr. Janiel advised that the Santa Monica Mountain Recreation Authority has sponsored a $200,000,000.00 bond issue for parks and trails in the San Gabriel Valley. COMMISSIONER Com/Ruzicka advised that on July 23 to the 28, COMMENTS: District 21 Little League will be sponsoring a Softball Tournament which will host 5 other districts. Would like to know if Peterson Park would be available to host the tournament. Com/Whelan suggested that the Commission continue having study sessions on the third Thursday of the month. Com/Nardella advised that he had spoken with Councilman Forbing regarding the construction of Pantera Park, with the possibility of swapping land with the Walnut Valley School District. P&R Commission Page 6 ADJOURNMENT: With no further business, the meeting adjourned at 9:35 p.m to Thursday, February 22, 1990 at 7:00 p.m. at the City Hall Conference Room. Res ectfully Submitted ommye A. Nice Secretary ATTEST: - 2 /'.� ""/4 6,rvan Nya�lr Chairman MINUTES OF THE PARRS AND RECREATION,COMMISSION STUDY SESSION, FEBRUARY 22, 1990 CALL TO ORDER: C/Nyal called the meeting to order at 7:00 p.m. at City Hall, 21660 East Copley Drive, Suite #100, Diamond Bar, California. ROLL CALL: C/Nyal and Commissioners Nardella, Ruzicka, Stitt. Commissioner Whelan was absent. ATTESr i2ha-frmd t Respectfully Submitted �)a Tomfhye N1 e Secretary Also present were Parks & Maintenance Director Charles Janiel, Gary Lawson, Don Schad, Peggy Sartin and Secretary Tommye Nice, PARRS AND A tree discussion included types, removal and RECREATION methods and City liabilities from trees. FUTURE PARKS Interest in available open space was expressed, PLANNING specifically useable park land. Some of the sug- gestions: Hire an intern to research open space, adjacent landowners/deeding negotiability, an ex- change of City .improved lighting for evening park use, parcel trading and a networking of wilderness trails for wildlife preservation. FIELD C/Ruzika shared about the Field Meeting held Wed - USE nesday, Feb. 22, with various athletic organiza- tions to schedule field/game use. Plans for the next scheduled meeting on April 16 are to collect statistical information for projected park use and continued enthusiastic participation. SEMINAR A League of California City Seminars event is EVENT scheduled in April. Commissioners need to submit applications to Director Janiel as soon as possible. FOCUSED A research intern, exploration of open land, and GOALS land trade for parks are a high priority. A list of sub -committees will be prepared for proper delegation and communication. Scrutinized focusing for future success was mentioned as a deterrent for over -extending the group. .Commission Study Session dismissed at 8:30 p.m. ATTESr i2ha-frmd t Respectfully Submitted �)a Tomfhye N1 e Secretary 1 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMITTEE MEETING OF FEBRUARY 1, 1990 CALL TO ORDER: Chairman Ortiz called the meeting to order at 6:00 p.m. at City Hall, 21660 Copley Drive, Suite 100, Diamond Bar, California. PLEDGE OF The Committee and Staff were led in the Pledge ALLEGIANCE: of Allegiance by Committee Member Chavers. ROLL CALL: Chairperson Ortiz, Committee Members Chavers, Eutaquio and Gravdahl. Vice -Chairperson Rebeiro came in at 6:30 p.m. Also present were City Engineer Ronald Kranzer, Deputy Rich Clark and Secretary Barbara Dedeaux. APPROVAL OF Approved minutes of January 9, 1990, MINUTES: COMMITTEE COMMENTS: Committee Member Chavers commented he would like the Committee to receive information regarding the proposed toll roads adjacent to the City of Diamond Bar and possibly one of the members to be involved in the planning meetings to keep the Committee informed of the project which may be a matter for the Committee to address within a couple of years. CEJKranzer added that he attended a meeting in the morning on this topic. Some of the agencies involved are CaiTrans, Los Angeles County, Ban Bernardino County, Orange County, and the Cities of Brea, Pomona and Diamond Bar. The representatives for Diamond Bar are Councilmember Gary Miller and City Manager Robert Van Nort. They could not attend; he was asked to attend to represent Diamond Bar. A model was to be presented at the meeting, but was not ready. It is to be available at the next meeting on March 1st. He noted some of the major problems associated with the project are funding, design and traffic mitigation. Committee Member Eustaquio .commented on the traffic congestion on Diamond Bar Boulevard at Silver Hawk Drive. St. Denis Catholic Church would like a traffic signal installed at the intersection. She will contact Father Michael to submit a formal request to the Committee. Traffic and Transportation Minutes 2 February 1, 1990 ----------------------------------------------------------------- Committee Member Gravdahl commented on the signal at Sunset Crossing Road and Golden springs Drive in regards to the school zone signage which was thought not to be in place. All signage is in place, but not very visible. He suggests a yellow flashing signal be installed to bring more attention to the school zone and/or the Sheriff's Department patrol the area periodically to slow down motorists. CE/Kranzer will bring in the costs involved to install the flashing signal. He will also check with the City of Pomoma to possibly borrow some from them. He will have this information at the next meeting. Committee Member Gravdahl was approached by a resident regarding the signal on Grand Avenue and Golden Springs Drive (northbound on Golden Springs Drive) where the cycle in the evening hours is extremely short. CE/Kranzer will have Los Angeles Traffic Operations check the timing. Committee Member Gravdahl was also approached concerning the deteriorated condition of about 1/2 of the block of Carpio Drive off Golden Springs Drive. Possibly a slurry coat may satisfy the resident. He also asked how the stop sign installations were going. CE/Kranzer responded all should be in place. Committee Member Ortiz commented that Richard Rodriguez, Principal. of Diamond Point Elementary School, is very happy with the Committee's action. PUBLIC COMMENTS: None brought forth. RESOLUTION Resolution No. 90-1 establishing the place, day No. 90-1: and time of committee meetings was tabled by unanimous decision as determining a meeting place has not been established. Traffic and Transportation Minutes 2 February 1, 1990 ----------------------------------------------------------------- Committee Member Gravdahl commented on the signal at Sunset Crossing Road and Golden springs Drive in regards to the school zone signage which was thought not to be in place. All signage is in place, but not very visible. He suggests a yellow flashing signal be installed to bring more attention to the school zone and/or the Sheriff's Department patrol the area periodically to slow down motorists. CE/Kranzer will bring in the costs involved to install the flashing signal. He will also check with the City of Pomoma to possibly borrow some from them. He will have this information at the next meeting. Committee Member Gravdahl was approached by a resident regarding the signal on Grand Avenue and Golden Springs Drive (northbound on Golden Springs Drive) where the cycle in the evening hours is extremely short. CE/Kranzer will have Los Angeles Traffic Operations check the timing. Committee Member Gravdahl was also approached concerning the deteriorated condition of about 1/2 of the block of Carpio Drive off Golden Springs Drive. Possibly a slurry coat may satisfy the resident. He also asked how the stop sign installations were going. CE/Kranzer responded all should be in place. Committee Member Ortiz commented that Richard Rodriguez, Principal. of Diamond Point Elementary School, is very happy with the Committee's action. PUBLIC COMMENTS: None brought forth. RESOLUTION Resolution No. 90-1 establishing the place, day No. 90-1: and time of committee meetings was tabled by unanimous decision as determining a meeting place has not been established. EXHIBIT "A" CITY OF DIAMOND BAR SAFETY LIGHTS 2 lights (200 W - BPS) 1.0 50 50 SIGNAL E-0713 60R 60 Fwy WB, Type "P°' 50 50 25.700 Diamond Bar SAFETY LIGHTS 2.1ights (310 W - HPS) 2.0 50 50 4 Effective ELECTRICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed. and Maintained by the STATE "E" Number Type of Unit Cost Distr Post Mi. Rte Location Facility (Acct) State/City SIGNAL E-0920 57 57 Fwy SB, Type "P" 50 50 3.260 Pathfinder SAFETY LIGHTS 4 lights (200 W - HPS) 2.0 50 50 SIGNAL E-0921 57, 57 Fwy NB, Type "P" 50 50 3.300 Pathfinder SAFETY LIGHTS 2 lights (200 W - BPS) 1.0 50 50 SIGNAL E-0713 60R 60 Fwy WB, Type "P°' 50 50 25.700 Diamond Bar SAFETY LIGHTS 2.1ights (310 W - HPS) 2.0 50 50 4 ate, UMBIT "A" CITY OF tmmom BAR Effective ELECMICAL FACILITIES OPERATION AND MAINTENANCE COST DISTRIBUTION Billed and Maintained. by the STATE "En Nurrber lype of Post Mi. Rte Location Facility E-1229 60R 60 Fwy E/B, 25.701 Diamond Bar SIGNAL ,E'vpenPn SAFETY LIGHTS 4 lights (310 W - HPS) 5 Unit Cost Distr (Acct) State/City 50 50 4.0 50 50 r CITY OF DIAMOND BAR AGENDA REPORT March 15, 1990 COUNCIL DATE: COUNCIL DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN N[ORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEEK-&--e SUBJECT: BOND REDUCTION STORM DRAIN IMPROVEMENTS, P.D. 1820, UNIT I, TRACT 31941 The Public Works Department, County of Los Angeles is recommending the reduction of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The retention of 25% is necessary to assure the ultimate transfer of this drain to Los Angeles County for maintenance. Members of RKA staff have reviewed the file and field inspected the improvements and concur in the recommendation of reduction. RECOMMENDATION: It is recommended that the City Council reduce the following surety bond to $43,700.00; Bond Number ASI 100 227 Original Amount - $157,000 Surety - Integrity Insurance Company in Liquidation Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal and Superintendent of Streets/City Engineer. RLK: nb:2095:db-cc: bondregtr31941 (Narrative continued on next page. if necessary) X'I.iUAJ, IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: lz) 1 Sh id -- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant 2-30 x A C4trFpRN�a THOMAS A. TIDEMANSON, Director February 7, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORDS 900 SOUTH FREMONT AVENUE ALHAMHRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 Fast Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P-0.13OX 1460 ALHAMHRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 STORM DRAIN/'DRAINAGE IMI:)ROVEMENIS PRIVATE DRAIN NO. 1820 Unit I TRAGI' NO. 31941 The construction of the drainage facilities guaranteed by the improvement security listed below, and.constructed under the subject Private Drain, has been satisfactorily completed. IT IS 1F-CUYkENDED THAT YOUR COUNCIL: Reduce the following surety bond by $131,300: Bond Number ASI 100 227 Original Amount - $175,000: Surety - Integrity Insurance Company in Liquidation Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal and Superintendent of Streets/City Engineer. Very truly yours, T. A. TIDEMANSON Superintendent of Streets/ City Engineer LG:sg/31941 ce:"'City Clerk LO c- i ION 9 RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING AND APPROVING THE EXCHANGE OF PROPOSITION A LOCAL RETURN TRANSIT FUNDS TO THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION FOR REGIONAL FEDERAL -AID URBAN HIGHWAY FUNDS WHEREAS, the City of Diamond Bar wiches to transfer $546,957 of its uncommitted Proposition A Local Return transit funds to the Los Angeles County Transportation Commission (LACTC) for use in regional ridesharing; and, WHEREAS, the LACTC has offered to transfer $546,957 of Regional Federal -Aid Urban funds to the City of Diamond Bar, to fund local streets and roads projects of regional significance; WHEREAS, the City Council has determined that the transit needs of the City can be adequately met fi this fund trade is approved; and, WHEREAS, the City plans to expend its local FAU apportionments on appropriate projects in a temely manner, and needs the additional FAU funds for the Pathfinder Road project. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. the transfer of $546,957 of Proposition A Local Return funds in exchange for the transfer of $546,957 of Regional Federal -Aid Urban funds is authorized and approved. SECTION 2. The City Manager is authorized to execute on behalf of the City any required documents to effectuate this exchange of funds. SECTION 3. The City Clerk shall certify the adoption of a this resolution and send certified copies to the Los Angeles County Transportation Commission. PASSED, APPROVED AND ADOPTED this day of , 1990. Mayor 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar AGENDA NO._I,*p CITY OF DIAMOND BAR AGENDA REPORT DATE: March 12, 1990 MEETING DATE: March 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Charles Janiel Background The City Council previously approved the bus shelter RFP in October, 1989. The Request for Proposal was not distributed at that time due to the Bus Bench Per- mits issued by the County. Those permits expire July 1, 1990. Therefore, the City is now in a position to not renew those permits for FY 90-91, and have the shelters installed without revoking permits or impacting local advertisers. Recommendation: The City Council authorize distribution of the Bus Shelter Request For Propos- als, and accept such proposals until April 27, 1990. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney AR300.FRM 3/90 1 Linda Magnuson Sr. Accountant CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 ----------------------------------------------------------------- REQUEST FOR FRANCHISE PROPOSALS TO FURNISH AND MAINTAIN BUS SHELTERS AND BUS BENCHES IN THE CITY OF DIAMOND BAR ----------------------------------------------------------------- All pages of this specification are to be returned, with a narra- tive proposal attached which responds to the specification, to: office of the City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: April 27, 1990 Time: 11:00 a.m. Proposal submitted by: Name of Company By: Address Signature Name (Typed) Title Contact: Charles Janiel Director of Parks and Maintenance (714) 860-2489 CITY OF DIAMOND BAR STATE OF CALIFORNIA PROJECT NO. NOTICE TO VENDORS Sealed proposals will be received in the Office of the City Clerk of the City of Diamond Bar at her office in the City Hall, located at 21660 East Copley Drive, Suite 100, Diamond Bar, California, un- til 11:00 a.m., April 18, 1990, at which time they will be public- ly opened and received for consideration of awarding an exclusive franchise to furnish, install and maintain bus shelters and bus benches in the City of Diamond Bar in accordance with the specifi- cations therefor. City Clerk CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE REQUEST FOR FRANCHISES PROPOSALS TO FURNISH AND MAINTAIN BUS SHELTERS AND BUS BENCHES IN THE CITY OF DIAMOND BAR SCOPE OF PROPOSAL FOR CITY BUS SHEL'T'ER AND BUS BENCH PROGRAM This is an invitation for your company to submit a proposal to the City of Diamond Bar for the construction, installation, and maintenance of bus shelters (with advertising) and bus benches (without advertising) at specified locations throughout the City. Services rendered by the Franchisee will be provided at no cost to the City, and with payment of a fee to the City under a franchise agreement. The proposals received shall be evaluated for selection of a com- pany to be allowed exclusive franchise rights to provide advertising bus shelters and non -advertising bus benches within the City. The initial agreement will provide for a minimum of twenty (20) shelters, which may be increased by mutual agreement at any time during the franchise period; however, the City is under no obligation to allow additional shelters beyond the twenty (20) contemplated under this request for pro- posals. In addition, up to fifty (50) concrete bus benches of custom design, embossed with the legend "Diamond Bar" shall be furnished, in- stalled and maintained. Lists of potential shelter sites are included herein as Exhibit "A". Benches to be installed in locations designated by the City. FRANCHISE PERIOD The term of the franchise will be five (5) years. At the end of this period, the shelters shall be removed by the Franchisee and the area returned to its original condition unless an extension or renewal of contract is negotiated. The -benches shall remain the property of the City of Diamond Bar. INCOME TO CITY The Franchisee shall lease advertising space within the bus'shel- ters, and, from the monies derived from those leases, shall pay to the City a monthly guaranteed percentage or amount per shelter. The advertising within each shelter shall be placed only on the single, two-sided panel designed for such purpose. SHELTER CONSTRUCTION Shelters furnished shall be constructed and installed in confor- mance with the City Building Codes, and the Standard Specifications for Public Works Construction, as published by Building News Inc., (latest edition), and the City of Diamond Bar Standards as specified on the Pub- lic Works Department permit to be issued for each location. All applicable permits from the Diamond Bar Building Department must also be obtained by the Franchisee's contractor. Placement of shelters shall be subject to City Council Design Review. REVIEW AND EVALUATION OF PROPOSALS A. Review and evaluation will be performed by Parks and Mainte- nance Department and the City Manager. Final determination will be made by the Diamond Bar City Council. B. Selection of the Franchisee will be based on 'the following factors: 1. Percentage fee proposed to be paid per ad panel side, and minimum monthly guarantee per. shelter proposed to be paid to City. 2. Current and past performance in similar contracts with other local government agencies. 3. Strength, quality, durability and aesthetic appeal of proposed shelters. 4. Maintenance, repair and replacement facilities available (such as bidder's proximity to the City and number of bidder's employees performing shelter maintenance). CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE GENERAL SPECIFICATIONS FOR FURNISHING AND MAINTAINING BUS SHELTERS AND BUS BENCHES IN THE CITY OF DIAMOND BAR A. AWARD OF FRANCHISE All proposals, once they are received, shall be subject to review, and action (acceptance or rejection) by the City Council for a period not to exceed sixty (60) calendar days, unless an extension is authori- zed by all bidders. City reserves the right to reject any and all pro- posals. B. PERFORMANCE BOND The Franchisee shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent secu- rity approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). The Franchisee's bond shall remain in effect over the du- ration of the franchise period to insure the faithful performance of Franchisee's covenants for construction, maintenance, and repair or re- placement of the shelters and benches, timely payment of all revenues due the City, (including permit fees, business license, advertising re- venues), and restoration of shelter sites to their condition existing prior to installation of the shelters, whenever a shelter is removed or relocated. C. LIQUIDATED DAMAGES The following performance schedules shall be adhered to by the Franchisee. Any deviation from these schedules, except on account of those events specified in section D, without written City approval shall be considered a breach of contract, and the Franchisee shall be liable to the City for liquidated damages. Work on the construction or installation of the first bus shelter shall begin July 15, 1990, after the franchise has been awarded by the City Council. Building permit applications must be submitted to the proper agencies within thirty (30) calendar days after the contract has been awarded. Installation of an individual shelter, including all shelter ameni- ties, except electrical connections, shall be completed within seven (7) calendar days€after work has commenced. Failure to perform as required will result in liquidated damages being assessed by .the City. Construction or installation of all twenty (20) shelters including electrical connections shall be completed within ninety (90) calendar days after the date that work has commenced on the first shelter. Installation of all fifty (50) bus benches shall be completed with- in one hundred twenty (120) days after the date of City design approval of the benches prior to fabrication. Franchisee's proposed design to be submitted within thirty (30) days of award contract. Failure to perform, as required above, on any item, will result in liquidated damages being assessed by the City in the sum of fifty dol- lars ($50.00) for each delinquent day. D. FORCE MAJEURE The time within which the Franchisee is obligated to commence and to complete construction of the shelters shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of and for, and during the period of, any delay caus- ed by strikes, threat of strikes, lockouts, war, threats of war, insur- rection, invasion, acts of God, calamities, violent action of the ele- ments, fire, action or adoption of any regulation, law or ordinance by any governmental agency, precluding Franchisee's performance. E. SHELTER AND BENCH MAINTENANCE AND REPAIR SPECIFICATIONS The Franchisee shall maintain, repair, clean, and service all shel- ters and benches, keeping them, their appurtenances and the immediate surrounding areas, in a safe, clean, attractive, and sanitary condition. The Franchisee shall be at liberty to enter upon and into shelters and benches at any reasonable time with personnel and all necessary equip- ment and materials to provide for the satisfactory maintenance of the shelters and benches. The Franchisee shall make routine maintenance/ clean-up/trash removal calls on each shelter (not benches) at least twice each week. Each shelter and bus benches shall be completely steam cleaned as needed, but not less often than once a month. The Franchisee shall repair or replace bus shelters and benches due to damage, vandalism or graffiti within two (2) working days after hav- ing been found at the time of the required twice per week routine main- tenance, or sooner upon notification by the City. If shelter or bench damage or vandalism is such that the public could be exposed to a dan- gerous situation while in or near the shelter or bench, the Franchisee shall repair or, if necessary, remove the entire shelter or bench within twenty-four (24) hours of notification, leaving the site in a safe con- dition, and it shall be replaced and made fully operational at the same location within five (5) working days after removal. The Franchisee shall furnish to the City a written monthly summary of its shelter maintenance operations within the City of Diamond Bar. All maintenance work and corrective actions shall be performed at the expense of the Franchisee. Franchisee's personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (published by Building News, Inc.). F. INSURANCE The Franchisee shall obtain, at its sole cost, and keep in force throughout the term of the franchise, the following insurance coverage: 1. Minimum one million dollars ($1,000,000.00) combined single limit public liability insurance for bodily injury and property damage. 2. Workers Compensation Insurance in the statutory amount re- quired by the State of California. Further, the Franchisee shall obtain any additional kinds and amounts of insurance which, in its own judgment, may be necessary for the proper protection of any of its officers', employees', agents', or authorized subcontractors' own actions during the performance of this franchise. Said policy or policies shall be in a form approved by the City and shall name the City, the City Council, its officers, agents and em- ployees as additional insureds by an endorsement to the policy. Said endorsement shall provide that the City shall receive not less than thirty (30) days prior written notice of cancellation of any policies of insurance required hereunder. G. INDEMNITY The Franchisee shall fully defend, indemnify and hold free and harmless the city of Diamond Bar, its elected officials, officers and employees, from and against all claims, actions and liabilities for personal injuries and property damage, including attorney's fees based upon, or in any manner arising out of Franchisee's performance under the franchise, including but not limited to, the installation, construction and/or operation of the bus shelters and benches, and all expenses incidental to the defense thereof. H. PAYMENT TO CITY All fees due the City shall be computed on a monthly basis. Pay- ment of said fees shall be made at least quarterly and shall be suppor- ted by a Statement of Accounts prepared by a certified public accoun- tant, showing all shelter locations, the advertiser at each location, and gross revenues received for each ad panel. I. ACCESS TO RECORDS The City, or its authorized agent, shall be granted reasonable ac- cess to any of the Franchisee's books, documents, paper, and records that relate directly to the bus shelter and bus bench agreement. J. CONTRACT WORK HOURS AND SAFETY ACT All persons hired by the Franchisee shall be compensated at a rate not less than 1-1/2 times the workers' base pay rates for all work in excess of eight (8) hours a day or forty (40) hours a week. Further, no person will be required to work in surroundings that are unsanitary, ha- zardous, or dangerous, as determined under the standards established by the U.S. Secretary of Labor. K. EQUAL_ OPPORTUNITY EMPLOYMENT The Franchisee shall demonstrate, during its performance of the franchise, full compliance with all applicable safety and health stan- dards and Equal Employment Opportunity laws and regulations. The Fran- chisee shall cooperate with the City in meeting its commitments and goals with regard to the maximum utilization of Disadvantaged or Women's Business Enterprises. The franchise will put forth sincere efforts to ensure that these groups shall have maximum opportunity to compete for any subcontracted work that may be offered in connection with the fran- chise. L. LICENSES AND PERMI'T'S The Franchisee shall purchase a City business license when requi- red, for each year it is doing business with the City. Furthermore, the Franchisee shall secure all necessary permits from City, county, state, or federal agencies for the installation, operation, and maintenance of the bus shelters and bus benches. M. ELECTRICAL SERVICE The Franchisee shall apply for, and obtain at its own cost, any ne- cessary electrical service permits from the Southern California Edison Company. Metered electrical service charges shall be at the Franchi- sees sole expense. N. MORTGAGES Any mortgage or lien against the shelters shall be subordinate to all franchise rights of the City. O. ADVERTISING The Franchisee shall, upon request, transmit to the City Manager or his designee, color copies of any and all ads proposed to be placed in the shelters, for review prior to display. Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control sy- stem, the Franchisee shall be so advised and shall not utilize such ad- vertising. In the event Franchisee fails to provide the City Manager or his designee with such color copies prior to display, and the display is determined to be improper, for any reason set forth herein, Franchisee shall remove such advertising within twenty-four (24) hours after the City serves written notice thereof. Franchisee contractor will provide local businesses the right of first refusal on 504 of the available ad- vertising space. P. PUBLIC SERVICE MESSAGES The Franchisee shall, at least two (2) times per year, for at least ten (10) consecutive calendar days, display at least one (1) public ser- vice announcement in lieu of paid advertising in each bus shelter. The Franchisee shall arrange for service and installation the public service announcements. The City shall be entitled to specify certain public service messages to be displayed. Q. CONTRACT TERMINATION If the Franchisee is found to be in default with respect to any term or provision of the franchise, and if after ten (10) days prior written notice, Franchisee does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving the Franchisee written notice thereof not less than sixty (60) days prior to the effective date of termination. Upon termination of the franchise, either by default or by expira- tion of its term, and within ten (10) days thereof the Franchisee shall remove the shelters and restore each site to its proper and original condition at the Franchisee's own cost and expense. The non -advertising bus benches shall remain in place at the termination of the franchise. R. CHANGED LOCATIONS In the event that a bus route is altered or deleted such that any bus shelter will no longer serve at an active bus stop location, the Franchisee shall, within thirty (30) days after notification, relocate or move the bus shelter and/or bus bench to a new location designated by the City. The vacated location shall be restored to its original condition within that same time period. CITY OF DIAMOND BAR DEPARTMENT OF PARKS AND MAINTENANCE SITE DESIGN AND CONSTRUCTION SPECIFICATIONS FOR FURNISHING AND MAIN`T'AINING BUS SHELTERS AND BUS BENCHES IN THE CITY OF DIAMOND BAR Persons or firms submitting proposals are advised that bus shelters and bus benches to be considered for acceptance by City must conform to the following specifications. In the event a design differs materially from these specifications, a full discription of the differences must be submitted. 1. SPECIFICATIONS 1.1 All work performed on the shelter or the shelter site must conform to the requirements of the Standard S ecifications For Public Works Construction and all applicable codes and regula- tions, including, but not limited to, the City Building and Electrical Codes. In addition, all work must comply with the conditions of the Public Works Permit issued for each location and any and all other conditions of the franchise. Franchisee shall obtain any and all necessary building and electrical permits prior to its performance of the franchise. 2. SHELTER DESIGN DRAWINGS 2.1 All designs, plans and change orders shall be signed by a California Registered Civil or Structural Engineer before they will be accepted for design or location approval. 2.2 Before any shelter may be installed in the City of Diamond Bar, it shall be reviewed for adequate design by the Diamond Bar Park and Building Departments for electrical wiring and appurtenances, structural integrity and general soundness of design and compliance with provisions of the franchise and these specifications. 3. SHELTER LOCATION DESIGN DRAWINGS 3.1 A location drawing shall be provided by Franchisee and shall contain a minimum forty (40) feet to one -inch scale represen- tation of the proposed shelter site, covering the area from the adjacent property line to the street centerlines at the intersection. Mid -block sites may be shown with broken line ties. The drawing shall tie the shelter location to the closest curb return and give the distance from the existing curb and adjacent property line to the shelter. It shall also show the location of manholes, catch basins, fire hydrants, poles, trees and other above -ground facilities within twenty- five (25) feet of the proposed shelter. 4. PERMITS 4.1 The City will issue "no fee" permits, as required, which may include building, electrical, and construction and excavation permits required for the construction and installation of the bus shelters. S. SHELTER SITE SELECTION 5.1 Any shelter sites, in addition to those specified initially by the City, shall be chosen by the City in consultation with the Franchisee. The City shall supply the Franchisee with a list of preferred shelter sites. Any proposed shelter site shall be subject to the following screening process: 1) In the event the proposed site is adjacent to a commer- cial user, the specific consent of the commercial user may be required. 2) All sites proposed which are adjacent to residential uses shall be subject to review by the Diamond Bar Engineering Department. 3) No shelter site shall be chosen which would result in a shelter being closer than ten (10) feet to a driveway. 4) No shelter site shall be chosen which will result in a shelter being located over a storm drain, unless approved by the City Engineer. 5) No shelter site shall be chosen which will result in a shelter being placed in such a position that less than four (4) feet of contiguous sidewalk remains usable. 6) All sites are subject to approval by the City Council based on safety of bus riders, traffic and pedestrians. 7) Every shelter shall be wheelchair accessible. 5.2 In the event the City and Franchisee cannot agree on the location of a site, beyond the initial twenty (20) locations, the City's decision on locations shall be final. 5.3 Some of the initial twenty (20) shelter sites may have benches existing. These existing benches shall be removed and disman- tled by the Franchisee and delivered to the Parks and Main- tenance Department. Some of the intial fifty (50) bench sites may have existing benches, these too will be dismantled and delivered to the Parks & Maintenance Department. 6. SITE RELOCATION 6.1 The City will have the right to require the Franchisee to re- locate shelters and benches, at its sole expense, for the con- venience of pedestrians and bus patrons or because of a change in bus stop locations or street widening. The Franchisee shall not relocate or remove a bus shelter or bench without the City's permission. The City may require or permit a shel- ter or bench to be removed or relocated if it has been demon- strated to be incapable of proper maintenance due to excessive vandalism or any other reasonable cause. "Excessive vandal- ism" is defined as damage inflicted to an individual shelter during any consecutive six (6) month period, which requires cumulative expenditures for replacement and repair that exceed the original cost of construction and installation of the shelter. 7. SHELTER DESIGN SPECIFICATIONS 7.1 Basic Shelter Design 7.1-1 All shelters shall be of the same design, wherever used throughout the City, unless alternate designs are approved by the City. 7.1-2 Shelter shall be enclosed on two sides and covered. Transparent panels shall be of tempered safety glass. 7.1-3 The roof shall be supported by four curved corner steel columns, aluminum clad, steel columns or other similar construction materials. Roof shall be Red Tile. 7.1-4 A standard roof overhang shall be designed into the shelter to increase protection from the rain and sun. 7.1-5 The space between all glass, ad panels, and the sidewalk shall be a maximum of six (6) inches to accommodate a blind person's touching cane. This may be accomplished with either a larger glass panel, a deeper bottom glass support or a flange attached to the bottom of the glass support. 7.1-6 Final shelter design (sizes, roof types, etc.) shall require City approval. 7.2 Advertising Panels 7.2-1 Only one, two-sided, back -lighted ad panel per shelter will be allowed. Each ad panel side shall display no more than 25 square feet of advertising (fifty square feet total per shelter) . 7.2-2 All ad panels shall be constructed of metal and tempered safety glass. 7.3 Allowable Size of Shelter a. Height: 716" to S'6" b. Length: 14' to 17' C. Width: 416" to 516" In the event a shelter is desired at a location which will not permit construction of the standard shelter meeting these al- lowable sizes, unique designs will be considered by the City. 7.4 All ad panels shall be locked or secured in a manner that will eliminate or discourage vandalism. 7.5 Wheelchair access 7.5-1 All shelters shall be designed to accommodate wheelchairs. 7.6 Shelter Seating 7.6-1 Minimum bench length - 616" 7.6-2 Minimum bench width - 115" 7.6-3 Bench shall be located such that a wheelchair can be placed alongside the bench within the shelter. 7.7 Shelter Electrification 7.7-1 Every shelter shall be illuminated from dusk to dawn by an overhead, energy efficient, florescent lighting system, concealed in the roof structure. Failure to light the shelters at night shall be grounds for cancellation of the franchise. a. Minimum size - eighty (80) watts using conven- tional power. Solar powered electrical ins- tallation will not be allowed. b.. Photocells or other approved devices capable of activating each shelter's lighting system shall be installed. 7.8 Shelter Drainage 7.8-1 All shelters shall contain a roof gutter system to prevent dripping water over the edges. 7.8-2 Water shall be drained through a downspout(s) located in the columns, with the water exiting at approximately sidewalk level. 7.9 Glazing Anchorage 7.9-1 No edge of any glass panel shall be exposed. 7.9-2 All glass panels shall be securely contained and held at both top and bottom. The securing of all four edges is preferable. 7.10 All post foundations shall be designed in accordance with the Uniform Building Code, latest edition adopted by the City. 7.11 Trash Receptacles Each shelter shall have at least one (1) covered trash recep- tacle, designed and placed to promote maximum usage by shelter patrons. The receptacle and its cover shall be securely at- tached to the shelter. 7.12 No telephone, vending machines, kiosks, news racks, or any other devices not specifically allowed in these specifications shall be permitted to be installed on or near the shelters, without prior authorization from the City. 8. SHELTER SIGNAGE 8.1 The Franchisee shall ensure that bus route information, and City logo, are displayed in and around the shelter. 8.2 The name of the nearest cross street where appropriate, shall be placed on the roof facia on both ends of the shelter. Mini- mum letter size for this sign shall be three (3) inches high and two and one half (2-1/2) inches wide. 8.3 The Franchisee shall affix, in a conspicuous area on each shelter, an owner identification plaque, that includes its business name, address and telephone number. 9. SHELTER CONSTRUCTION SPECIFICATIONS 9.1 The shelter shall be prefabricated and assembled at the site. 9.2 No welding except for foundation works shall be permitted at the site. 9.3 All concrete finishing shall conform to the Standard Specifi- cations for Public Works construction, latest edition. 9.4 The Franchisee shall have quality control supervisors working for its contractor if any, (not the sub -contractor), at every construction site for a minimum of one (1) hour per working day. 10. CONCRETE BENCHES 10.1 Concrete bus benches shall be as manufactured by Robbins Pre Cast Inc., P.O. Box 2225, Irwindale, Calif., 91706, (818) 357- 4111, bench number PSP -72, or equivalent design, as approved by the City. 10.2 Each bench shall be fabricated with the legend "Diamond Bar" embossed on the face of the seat back. 10.3 The color of the concrete benches shall beige, with color samples to be approved by the City. EXHIBIT A Shelter Locations These locations are in commercial areas and require shelter for a mini- mum of 10 patrons a day. Listed below are those sites: Number of ----------------------------------------------------------------------- Location Patrons 1. WB Diamond Bar Brea Canyon 18 2. WB Diamond Bar Fountain Springs 21 3. WB Diamond Bar Grand 38 4. WB Diamond Bar Golden Springs 105 5. WB Diamond Bar Save -on Entrance 88 6. WB Diamond Bar Pomona Freeway 26 7. WB Diamond Bar Sunset 45 8. WB Diamond Bar Highland 37 9. WB Diamond Bar Temple 21 10. WB Golden Spring Grand 38 11. WB Golden Spring Brea Canyon 70 12. EB Golden Spring Brea Canyon 71 13. EB Golden Spring Grand 37 14. EB Diamond Bar Golden Springs 85 15. EB Diamond Bar K -Mart Entrance 99 16. EB Diamond Bar Sunset 41 17. EB Diamond Bar Highland 25 18. EB Diamond Bar Grand 35 19. EB Diamond Bar Quail Summit 15 20. EB Diamond Bar Brea Canyon 19 r CITY OF DIAMOND BAR AGENDA REPORT ---------------- AGENDA NO. DATE: March 12, 1990 MEETING DATE: March 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Robert L. Van Nort SUBJECT: Contract with R&B Commercial Properties BACKGROUND: The Property Owner and Sheriff's Department have requested that additional special law enforcement services be provided at the Country Hills Town Center. Their presence is to ensure that the increased youth activities are controlled and legitimate. RECOMMENDATION: That the City Council authorize the City Manager to execute a contract with R&B Commercial Properties for additional police services with the Sheriff's Department. All added services are to be reimbursed by R&B Commercial Properties. (Narrative continued on next page if necessary) k'lUUAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: -- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant �751551N25A - SH -AD -82A (2/72) COUNTY OF LOS. ANGELES SHERIFF'S DEPARTMENT DATE March 6, 1990 OFFICE CORRESPONDENCE FILE NO. FROM: THOMAS M. VETTER, CAPTAIN TO: ROBERT L. VAN NORT, CI'T`Y MANAGER WALNUT REGIONAL STATION CITY OF DIAMOND BAR SUBJECT: SPECIAL EVENT CONTRACT FOR LAW ENFORCEMENT SERVICES AT THE COUNTRY HILLS TOWN CENTER IN DIAMOND BAR Recently there has been an increase in the number of youths congregating in the County Hills Town Center in the area of the Krikorian Theatres and the Burger King restaurant. Although most of the youths are there for legitimate purposes, others, including some gang members, are using the location as a meeting place and are not customers. The management of the venter, as well as Walnut Station, is concerned that the shopping center not become a focal point for any gang activity. As you know, such activity breeds violence and other criminal activity such as narcotic sales. it is extremely important that any such trend be reversed at the onset. Ms. Laurie Stites is the property manager of the center being employed by R & B Commercial Properties, 5303 Harbor, Suite F -S, Costa Mesa, California 92626, (714) 979-9997. She has expressed, on behalf of the company, the same concerns. To forestall problems in the future, Ms. Stites, on behalf of her company, has expressed the desire to enter into some type of a contract that would provide two Deputy Sheriffs on Friday and Saturday nights, 7:30 p.m. to 1:00 a.m. for exclusive duty at the Country Hills Town Center. The cost of this extra presence would be borne by her company. The most expeditious method to accomplish providing these personnel would be for the Cit of Diamond Bar to enter into a contract with R &' I Commercial Properties. Services of the Deputies would be billed to the City by the Sheriff's Department under provisions of the existing contract and the City in turn would bill R & B Commercial Properties. CITY OF DIAMOND BAR AGENDA REPORT ------------------ March 14, 1990 COUNCIL DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZ ER, CITY ENGINEER SUBJECT: AWARD OF BID - TRAFFIC SIGNAL EQUIPMENT - GRAND AVENUE & DIAMOND BAR BOULEVARD Formal bids were received and opened on March 13, 1990 from three contractors. The bid document called for traffic signal equipment for Grand Avenue and Diamond Bar Boulevard. The project consists of traffic signal improvements at the intersection of Grand Avenue and Diamond Bar Boulevard. If the project is awarded at this Council meeting, the poles will be delivered in approximately 14 weeks. The three bids received for this project (see attached Bid Summary Form) were from Triad Sales for $11,556.00, Signal Maintenance, Inc. for $15,571.00, and Pacific Lighting Sales, Inc. for $16,760.00. Although there were only three bids, staff is confident we have received a good valid bid, as all three bidders are major suppliers of traffic signal equipment. Funding for this project is available in the Grand Avenue Construction Fund. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: Revenue Source: - /---------------- Robert L. Van Nort City Manager (Narrative continued on next page if necessary) Andrew V. Arczynski Linda Magnuson City Attorney Sr. Accountant City Council - March 20, 1990 Grand Ave. & Diamond Bar Blvd. - Award of Bid RECOMMENDATION: Page 2 It is recommended that the City Council receive the formal bids and accept the formal bid of Triad Sales for traffic signal equipment and award a contract to said company based upon their formal bid for a total contract cost of $11,556.00. The cost of this contract will be funded by the Grand Avenue Construction Fund. 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N W 1 7{ 1 w t W _________________ w ---------"__'----------------------------------- ________ 11 R 1;4 I W I Z I HE 1 a I 'Elli lj N� 1 W 1 i 1 O N d' N fE 1 1 1 ----------------------------------------------------------------------w..--- -.-_it {,7f E €I UI I 1 1 tCCyyy a w nt:ii o 3 En 04tH W� 31 11 1 1 I w l a a l I I RI I 1 1 I -]E£ ^z 0EI0 II I I k ONE W< W -IH x Wu)GG � H jl W I 1 I II O I 1 ] ry .-. IX H 0 -- H E 1 I E E-laa ww iz —x•' d'[7Q� ii p i i i cC I 1 f7zH lTH R,4) N fa] H .`] 'rn O- II I I 1 l W- - Pa O - - •.K m O N w- r1E FL m Irz N w- N!; -I GL M Ill II I I i II 1 I 3 E, If _____________-- -____________________________________________---------...______-_11 PROCLAMATION OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROCLAIMING THE MONTH OF MARCH, 1990 AS "HOME SAFETY MEASURES" 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 March has been designated as the month to conduct a home hazard hunt and eliminate hazards 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 City Council of the City of Diamond Bar that the month of March, 1990 is HOME SAFETY MEASURES MONTH in the City of Diamond Bar and the City Council encourages all residents to eliminate potential hazards in their home. This preparedness step will help to prevent unnecessary injury from items which may topple, fall or shatter during a major earthquake. Mayor ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar F PROCLAMATION O THE BOARD OF SUPERVISORS OF DRAFT THB COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PROCLAIMING THE MONTH OF MARCH, 1990 AS "HOME SAFETY MEASURES" MONTH IN CONJUNCTION WITH THE YEAR-LONG EARTHQUAKE SURVIVAL PROGRAM IN SOUTHERN CALIFORNIA. WEEREAS, 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 WHERMW, the month of March has been designated as the month to conduct a home hazard hunt and eliminate hazards 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 WERRSAS, 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,v THEREFORE BE IT BROCLKIMED by the Board of Supervisors that the month of March, 1990 is HOME SAFETY MEASURES MONTH in Los Angeles County and the Board encourages all residents to eliminate potential hazards in their home. This preparedness step will help to prevent unnecessary injury from items which may topple, fall or shatter during a major earthquake. -2- .* I DO HEREBY CERTIFY that at a regular meeting of the Board of Supervisors of the County of Los Angeles on the day of , 19 , the foregoing proclamation was adopted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Board of Supervisors of the County of Los Angeles this APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel By V ' puty esprocO day of 19 LARRY MONTEILH, Executive Officer - Board of Supervisors of the County of Los Angeles By -3- Deputy Jtrlial f, '% COUNTY OF LOS ANGELES Ail, CHIEF ADMINISTRATIVE OFFICE 713 HALL OF ADMINISTRATION ! LOS ANGELES, CALIFORNIA 90012 �CIppRN�P 9741101 RICHARD B. DIXON CHIEF ADMINISTRATIVE OFFICER March 13, 1990 The Honorable Phyllis Papen, Mayor City of Diamond Bar 21660 E. Copley Drive, Suite 331 Diamond Bar, CA 91765 Dear Mayor Papen: EARTHQUAKE SURVIVAL PROGRAM PROCLAMATION MEMBERS OF THE BOARD PETER F. SCHABARUM KENNETH HAHN EDMUND D. EDELMAN DEANE DANA MICHAEL D. ANTONOVICH The Los Angeles County Board of Supervisors recently proclaimed March, 1990 as tlHome Safety Measures Month" (draft proclamation attached) in conjunction with the Southern California Earthquake Survival Program (ESP). This is the eleventh precautionary measure of the Earthquake Survival Program for presentation to the residents of Southern California. I am pleased to have the city of Diamond Bar's name on our monthly mailing list for ESP informational material. Recent seismic activity in Southern California has, once again, emphasized the importance of preparing our citizens for the inevitable "big one". I thank the City of Diamond Bar for your Chief Administrative Officer RBD:MLK JEH:jsl0 Attachment 03PROCL4.LEM ITEM NO. 20 No Documentation Available Oral Presentation by Charles Majus RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THAT THE AERIAL APPLICATION OF MALATHION INSECTICIDE BE SUSPENDED IN LOS ANGELES COUNTY WHEREAS, members of the Diamond Bar City Council recognize the importance of California's agricultural industry and the devastation that the Mediterranean Fruit Fly can bring; and WHEREAS, State Department of Food and Agriculture officials have administered the aerial spraying of Malathion insecticide over various parts of Los Angeles and orange Counties in an attempt to eradicate the Medfly; and WHEREAS, a public concern has been expressed that there may be serious health and environmental considerations that have not been properly or adequately addressed regarding the repeated application of Malathion; and WHEREAS, there is a special concern regarding the short and long term health effects Malathion may have on small children; and WHEREAS, the members of the City of Diamond Bar City Council feel strongly that it is the responsibility of government to protect the public health, safety and welfare. NOW, THEREFORE, be it resolved by the City Council of the City of Diamond Bar as follows: 1. Section 1. Members of the City of Diamond Bar Council hereby formally request the State of California to suspend all aerial Malathion applications until independent and reliable analysis have conclusively shown that Malathion is not hazardous to the health of humans or to the environment generally. 2. Section 2. Members of the City Council hereby urge the State of California to vigorously seek alternatives to aerial Malathion spraying and implement these alternatives to protect the State's important agricultural industry. 3. Section 3. State and County officials are urged to institute a comprehensive public education program regarding the Mediterranean Fruit Fly, its eradication and insecticides in order to increase the public understanding of all related issues. 4. Section 4. The City Clerk is hereby directed to provide certified copies of this Resolution to Governor George Deukmejian, United States Senators Alan Cranston and Pete Wilson, Congressman Matthew Martinez, Assemblywoman Sally Tanner, the League of California Cities, and the California Contract Cities Association. 5. Section 5. The Mayor, or presiding officer, is hereby directed to affix his signature to this Resolution signifying its adoption by the City Council of the City of Diamond Bar, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED this day of . 1990. Mayor 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 1990, by the following vote: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar I-" E, ;_ PILWt, D H A N FiOMi Gc; - i 7 m 21 —f M A R K s i� N -D P- C.- 2 TA&MIk4lo -Qq-vzR 229-P. W,YBEP *(7-41 TBLECOPTER RE. PROM,_ N NO- OF PAGES:_ "" ? - 1 LLL IL _,_ (including this ccver page) 'F THERE SHOULD BE A C C IN TA C T TRANSMITTER- TELEPHCNE(714) YM9 P F? — A S— °3 0 T .'F-{ 3_7 1 7 r-4 :Ia rl 5.1 CZ! Y t-4 s K I P 0? 0 G J'AME5 d,.. MA KBRAN AN''nhE'.4 v, ARCZYNSK: RALPH C,. H-4NISoN F. ELLIOT "C-L17114RN JEFFRF? x2N,3 ❑• CRA,.75 Fax MARTHA OFLJSLEP PATTERSON d"v.�1A.�L': s.799�ii I' 3,r' _ 4 i 1� :�r/fit<:-zrfi ' (•%"c,r. �'�t�taczr� 140"gt;; nNt CIV:C CENYPRI Cl.,CLE P. C. 30X. 17!4'; 090 4Db1 TELT=?tt4hE �21W 53I -aeI I MEQ ORANDW- TO: Robert L. iia x Nora, City Manager FRON, Andrew V. Arc. yns i, City Attorney DATED., .March 15, 1990 RE: Malathion spraying Issues As you know, in the last several weeks, there has been a veritable explosion of concern and litigation arising cut of the above-rarpetenced issue. Enclosed herewith is a copy of an urgency ordinance adopted by the City of Pasadena which, while not specifically indicating that it addresses the issue, nonetheless was targeted at the use of helicopters spraying inalathion over the City. We are infor ed that other cities, including Azusa, have adopted similar ordinances which purport to ban "formation flying,, over the city air space at certain low altitude levels. Wye are informed that the State of California has filed su,t against all cities which have adopted such an ordinance in an attempt to have such ordinances rendered invalid on the basis, first, that such ordinances attempt to invade the Purview Of the Federal Aviation Administration which, arguably set standards for flying of helicopters. Add.itionally, the Mate apparently has filed lawsuits againet cities attempting to utilize such ordinances against the helicopter companies which have been Ontra.cted by the State for the spraying of malathion. Whose matters are Presently pending and, while we have not had an oppertun4ty to review any of the pleadings in these natters, it appears at least arguable that the State nab= well be correct with respect to the issue of FAA involvement. Additionally, Huntington Beach and several canes hive filed lawsuits against the State of California both in Sacramento and in Federal District 0-011rt in Los Angeles attempting to obtain injunctive relief to stay any future spraying can the basis that the use of malathion ray violate the requirenents of Proposition 63, the recently enacted Mate legislation 'With respect to the use of various chemicals Lghlch nay be carcinogens. Those attacks run the ga-,mut frog arguing 1 5— +0 THsH€ 1 0 R K M F -3 S! I P Robert van Nort, City Manager Larch 15, 1990 Page Two that malathion, as applied, may contain carcinogens, that the declaration of emergency allegedly authorizing the use of such spraying techniques is invalid and, finally, that the Federal Environmental Protection A98ncy has not reviewed such use and therefore the use ie invalid. To date, all sUch attempts have net with substantial resistance from the State of California and,, at least with respect to the Sacramento litigation, have been thwarted by the Courts. Numerous Cities have, Of course, a.dcpted resolutions urging the Governor to seek to discontinue the use of malathion spraying pending further review and analysis of malathion with respect to i~te effects upon persons, aninals, and. property. It appears that such resolution8 and direct requests of the Governor have not met with any success, to this paint. Several cities have, additionally, requested that the State Agricultural Con -Mission and others involved make a presentation to the City Council at which opponents of Malathion spraying can likewise mane a presentation. In most instances, such presentations conclude with either the adoption Of .sone type of direotio n to urge the Cover'nor to discontinue the spraying or result in no further action being taken by the City Councils. As can be seem above, a limited number of communities have, in fact, instituted litigation in attempt to cause a discontinuance of the spraying. Please provide a copy of this memorandum to the City Council for its use during the Meeting of Larch 20, 1.9904 Should the Council so direct, we will be more than happy to gather various documents .and determine the Potential ef'f'icacy of entering any of the existing 'iti.ga.ted mattiers or initiating litigation on behalf of the City. call.. should you have any questions, please feel. free to A'VA/n l c N\1411\ VN\DB 11.1 't1 F? X r _ r ?'6 F§ t: r-1�-4 tiD 13 O D I IVANC NO, 6 313 Ali " ENCY 0RD1VAx�NcZ OT TRE CITY OF PAS'ADONA AMENDING TITLE 9 OF THE PASADENA MUNICIPAL CODE TO ADD C APTZA 9.42 TO PROHIBIT FORARTION FLYING OVER rXZ CITY OF PASADENA I trodmaed by DI re „tor Pa pe r i an WHEREAS, ,formation E yi,tq at night at low alt4#'udes is iMminently dar g,-_t.r0u$ to per cns and prsporty Jawf'Ltlly below )OP,'�aUse there is an increased likelihood of ars accident clue 4-0 spatia? disori*nt~atian Whila trying tO avoid flight path Ob5trQctions ix;tc$ Maintain the formation and the course imultaateo..I., and WiEREAS, noise 90norated by formation flyjrj9 at r,i.qj,c_ dierugts the ability of resit` eats of the Cit} to have quiet anJQyment Of their homes, especially singe formation f'iy4n incrOa,ses the noise 1evals greatly; and WliEAEAS, beginning in 1981, the duration &rid frequenQy Of formations flying has in raas(�d to the level necer-sary to ra etre a 147is.lative rasponas from the City to protect the residiant8 fror, the i::trninent dangers posed by such fl.yjng, an WHEREAS? because fc tion flying in the dark is an "aO04deast waiting to happon", 't is necaaaary to rotec:t the health, Safety and w61f'are of the res Idents of paaadema by M4 P preventing an Accident whlcl, would result in substar;tia7l property dainage and � per$. i Bury to residents of the city. NOW, TPEREPORE, Th--� ��:��? � h(4 City of as follows: 1,tjO T $ "Tilllo 9 (If the 11s�sad��a Code a lar�deci adding t? r t Chapter 9.42 to read. "Chapter 9.42 Soctions 9.42.010 Fo=dtiOn Flying rrQhibitod. It is P3a rf l tc Omgage in �9 fOMAtton flying at altitude, J ? f t + cress Within the bol rndarias of the City of Pasad8na between bre half hour aftor sunset and One half hour befor-e uprise Without priOr permissitn from the board." SEMON 2. The nUnbgr of forrka ion fiic�h�s has proliferated in recent~z�cnths and such flying :s reasonably t ticip ►te tc Occur in the near future fir 0; r, indefinite Perillod of time. This Ordinance is Urgently needed for the immedf,,ito protection Of the plablic p0AQe, health; and safety for the reasons RtatOd herein and shall become effective immediately upc>n it.s publication. H u G4 t,l F -:g P K M .. .1 Signed and apprQved this list day of F�bruAry ars gat tie s I r e C Y t' Q -—s of the City Of Pasadena I HEREBY CERTIrY thaLt tho At; . 'dopted by the Board of Directorr;, of the City of PauadenA at ILts neaoL;flq held February ?I r 1990, by tl�s followinq vote, AYES: uoie, Holder, Nark, P$rjari,an, and Hu)nstor, NOES -. N C) r-, e ABSENT: CrOwley and Thonson ASSTAIN;, None o rk VJK *4 ins 2/20/90 Gotta 7C of LOG A, ONLES Chiof Admilistrattive officso rina zoa amd opsrations Branch Zk:g1UL1ULk1M—'"•Q: v Name:.. Ma Agtncy :C -_1.1Y Or ., .., relecopier Nuzbtr: '71 ,=-.fi r Area Cod* Z=. TelWone Numbor: � 1 �- L�." Area Co 0 Ir Sub eact ._ ESPS- toxo G. 1 rata: Y Number of Pages (not inciud.ing covar aheat) _ .._... o..�..�. r,calif 4 I an sending from a xerox Telecopier 7021. please call met If the teleccpy you r*caive is incamp;sta or illegible. �`.- iT BY:Xor !�iew ^oppaEr 702" r `3-'2 95Q r. I 24AINi CAv�1��"'zvJ � 11 iwl i ryiV'� �fg� :4 2 PROCLAMATION OF TH2 BOA OF SUPERVISORS Or Tn COUNTY OF WE ANGELES, STAT2 OF CALIFORNIA, PROCLAIMING THE MONTH OF MARCH, 1990 AS "ROME SAFETY MM&SVRES11 MONTH IN CONJUNCTIO14 WTTX THE YE - NG EARTHQUAKE SURVIVAL RAWRLAX IN SOUTHERN CALIFIDRNIA. the County of Los Angeles adopted and izplementad the Earthquake survival Program which encourages residents to take a different precaution aach month? and the 1058 of lift and property can be greatly raduced if appropriate Preparedness measures are taken bafcre a damaging earthquake,- and the month of March has been designated as the =nth to conduct a home hazard ,watt and eliminate hazards in conjunction with the Earthquake Survival Program; and MMRZRBo all residents of Southern California are encouraged to contiwas taking amargancy preparedness Precautions to make tip aelvas -more self-su ficia t in the event of a catastrophic incident, such as a; major earthquake r and theYear-long educational campaign, known as th& Earthguake Survival Program is racogni ed as a convenient method for rasidents to better pr*para themselves and also to enhance their awarenaee € f the ever-present threat of earthquakes; n... -T T-1: `e,ex e i ecop`ar +w2` 4 3-�' 0 �8[r-�G: `. OF DKND &AR „ G ,v TRERBPOU BE 1-7 PROOLAIN2D by the Board of SuPsIzvisars that the month of March, 1990 is HOME SAFETY MUS°tea MONTH In Loa A.Mgalon county and the Board Oncou agar all residents tO e1iMi atataattd. in their homa® This preparedness step will help tO prevent unnaceqzij�juryfrom items which may topple, fall or shatter during a Ma J Or *a.rt aka . To: Honorable Mayor and Councilmembers From: Dawne K. Calleros Report on California Legislative Hearing re: Fiscal Implications of Aerial Malathion Spraying. I attended this hearing on Wednesday, February 28th. The attached is my report as well as the handouts given by the Committee. ASSEMBLY CALIFORNIA LEGISLATURE Ways and Means Subcommittee No. 1 on Health and Human Services Wednesday, February 28, 1990 9:30 a.m. - 2:45 p.m. State Office Building, Auditorium Van Nuys, California ISSUES: Is the medfly established in California? Is it eradicable? How much will the medfly cost California growers if it becomes established? How much does California spend on alternatives to pesticide use? Should we spend more? Who should do this work? OPENING REMARKS BY ASSEMBLYMAN TERRY B. FRIEDMAN, CHAIRMAN: Over one million people in California believe the Governor should cease in spraying and should not start again until it is proven that repeated malathion spraying is completely safe. The Department of Food & Agriculture has a current budget of $6 million for pesticides. Yet, the cost of the malathion aerial sprayings to date, since November 1989, has cost $38 million. The cost of the program calls almost entirely on the community, the victims of the bombardings, while all the benefits of the sprayings go directly to the growers and also benefit the Department of Food & Agriculture. The Committee that presently determines whether the sprayings should go on, needs to be re -organized to include scientists and entomologists. This Subcommittee meeting today, believes that the Department of Food & Agriculture should put more effort into researching and implementing biological control of the medfly rather than by the use of pesticides. It further believes that the medfly is already established and we now need to study the behavior of the medfly and implement a plan to control the problem. it is not an eradication problem at all. MR. JOHN RATZENBERGER (ACTOR) - PUBLIC CONCERNS REGARDING SPRAYING: For years, various individuals and legislators have worked to reduce the use of all pesticides within the environment due to the possible cancer-causing agents involved in them. Now the Governor has taken it upon himself to authorize the spraying of millions of people, daily, with a pesticide that we no little about. The people that benefit exclusively from these spraying should bear the cost of their programs. Presently, the sprayings involve 13 locations within a 300 square mile zone. At the present time, they are spraying every three weeks. In April and May of 1990, they propose spraying every two weeks and in June 1990, every week, in the targeted areas. Medical research since the time the sprayings began, indicates that malathion causes coughing, rashes of the skin, rashes in children (whether exposes directly/ indirectly), sinus problems, flu symptoms, and further irritates asthma and hayfever patients, with no way to treat the problems. Even if the public does benefit in some way from these sprayings, the general population does not believe they benefit enough to justify their bearing the entire cost of the program. DAVID BUNN, PESTICIDE WATCH - CALIFORNIA PUBLIC INTEREST RESEARCH GROUP REGARDING ECONOMIC ISSUES SURROUNDING MEDFLY ERADICATION: To date, public concern has mainly been directed toward whether or not malathion spraying has any health risks involved. However, the cost to the community for these sprayings should be a major concern Iat this time. The cost of eradicating far exceeds the entire pesticide budget of the Department of Food & Agriculture. The DFA is not even sure if the problem can be eradicated inasmuch as there is no scientific evidence to prove eradication. The data used by DFA to explain the sprays is based on a study that was conducted by the Giannini Institute during the period of January 1981 -- March 1981. The seven & one-half percent crop damage claimed by DFA is based on a 1981 report. They have nothing more current to go on. Based on data contained within a study conducted by entomologists in 1978, the belief was that the only place in California that a significant amount of medflies could survive was in the Imperial Valley. The DFA should take $50,000 from their budget and have a current study conducted by independent scientists and entomologists into the benefits and effects of malathion aerial spraying as well as the present costs borne by the taxpayers. Between 1981 and 1982, several scientists and entomologists fought a two year battle opposing the excessive use of pesticides in the environment --- exactly what is happening now. The DFA is spending more on this one pest than we spend on all the other twenty major pests in the State of California. Biological control - The DFA could raise parasites of the medfly as well as using sterile medflies to accomplish this. If the DFA is insistent on spraying, they should determine what trees are host trees and spray only those rather than entire properties. An additional problem that has not been made known is that farmers currently using parasites for other pests, will eventually have their programs disrupted by the malathion spraying and thus will lose a lot of money. There is no proof that chemicals have ever eradicated Pests. It is believed they only control them and if such is the case, this does not have to be done by aerial spraying. With each spraying, they are only able to get to a small percentage. The DFA is using millions of dollars of taxpayers' money without budget review or any say so from the community at large. They do not need to do an ETR if they declare a state of emergency. In this particular case, it is believed the DFA is trying to avoid a cost -benefit analysis by representing that the problem is a state of emergency. When a state of emergency is declared, it makes it very difficult, if not impossible, for anyone to challenge legally. Many individuals, elected officials and citizens alike, have been working on pesticide issues for seven years which resulted in the "Birth Control Act" which addressed the possible pesticide hazards for pregnant women, especially those in the first trimester of pregnancy. At that time, and in recent years, a lot of pesticides that have been declared unsafe by the DFA, contained none of the ten dangerous chemicals identified by DFA, and yet they declared them unsafe and now they insist on spraying innocent victims with a pesticide that has not even been properly researched. ISI SIDDIQUI, PH.D., ASSISTANT DIRECTOR - DIVISION OF PLANT INDUSTRY, STATE DEPARTMENT OF FOOD AND AGRICULTURE - RESPONSE TO ISSUES RAISED BY THE SUBCOMMITTEE: (Referred to a map designating the targeted areas for spraying, sterile fly releases, and sites where the medfly had been trapped, as well as where the numerous traps presently in use, are located.) There is a 383 square mile boundary for the aerial spraying, which involves 13 specific areas. The release zone for the sterile medflies is only one-half of the area designated for aerial sprayings. The factory in Hawaii began supplying 50 million sterile medflies per week and is now producing 100 million per week. There were 20 million per week released in Santa Clara where the problem is nearly successful. By the end of April those sterile flies will be brought down to Southern California and used here. On 7/20/89, there was a medfly found at Dodger Stadium. This was treated by one month of spraying and three months of sterile releases, with the end result being successful. Then in October of 1989, they began finding more medflies. At this point in time, all sterile flies available have been used and we are not able to cover all areas of infestation. Traps are placed five traps per square mile in residential areas. There are 25,000 traps currently being monitored. These traps are checked every week. To date, there have been 273 medflies found in these traps during 1989/90 in the State of California. 25 of these 273 were in Santa Clara in September of 1989. Every single medfly means 500 - 1,000 medflies in the environment at or near that location. Sites of infestation were Whittier, Baldwin Park, Verdugo Hills, Glendora, and Bassett. Infested trees were also found near the traps. It looks like the program of releasing sterile medflies has been successful in Santa Clara. The medfly found on .2/13/90 in the City of Bassett, is situated within a sterile releasing area. Between now and June of 1990, we should be able to cease aerial.sprayings. It costs $60,000 - $100,000 for trap placement -- another cost borne by taxpayers. The factory in Hawaii is trying to double the production of sterile medflies. The factories have to be where medflies are established and are presently operating in Hawaii and Mexico. The factory in Hawaii was established in 1982. The problem is that there is a need for a larger facility and the DFA is now in the process of establishing a second lab that has already received government approval. INTERRUPTION BY ASSEMBLYMAN FRIEDMAN: The DFA budget only authorizes $800,000 to be used on research in the area of biological control of pests and yet, $38 million has been estimated for the aerial sprayings; with $6.8 million already spent from 11/89 to date. Assemblyman Russe has current legislation pending which we urge all Cities to support. The DFA argues that malathion is a registered pesticide and its use is justified because the medfly attacks more than 260 crops. However, were the public to purchase a pesticide containing malathion, they would only be allowed to treat a targeted area, not perform an aerial spraying on everybody in the area. INTERRUPTION BY ASSEMBLYMAN TOM HAYDEN: It has been brought to this Committee's attention that the DFA is using state funds to participate with a political P.R. firm to produce commercials for television. We believe this is a waste of State money and State time and is an infraction. The specific incident involves speeches made to the Dolphin Group and information provided to them --- a political P.R. firm, funded by DFA, and Assemblyman Hayden would like Chairman, Assemblyman Friedman, to subpoena records to determine the extent of the i involvement of the DFA with this firm, to present false information to the public at the expense of taxpayers. Further, DFA insists that malathion is harmless to the public and yet, in their own report, they state, "The droplets of malathion bait are of a size that they are too large to infiltrate the respiratory portion of the lungs. People should avoid breathing the mist or exposing themselves directly to same." DR. SIDDIQUI: Medical doctors stated that it would be a safe and proper measure to direct the public not to breathe or be exposed to the mist. It was stated merely to minimize exposure. Malathion is a pesticide containing toxins, like any other pesticide. The dose is so minimal that DFA does not believe it to be a health hazard. INTERRUPTION BY ASSEMBLYMAN HAYDEN: Saying that no droplets should get in the lungs and don't breath the mist or expose yourself to it, and on the other hand, you are saying it is safe. That doesn't make sense. INTERRUPTION BY ASSEMBLYMAN MOUNTJOY: Did the DFA provide any testimony to the Dolphin Company Group that has not been said at the numerous public hearings regarding this issue. DR. SIDDIQUI: No. Based on the study in 1981 by Daniel Gault and Barbara Anderson, we are trying to increase the SRD's (Sterile release drops). The budget of the present facility is $40-0,000 per year. From 1982 - 1987, there was no fee since the lab was not in use. In 1987, the cost went up.- Now it costs approximately $750,000 on an annual basis to operate the facility. ASSEMBLYMAN FRIEDMAN: It is our belief that had the DFA not procrastinated and had been concerned about public health, they would have maintained the facility and would have had an adequate budget as well as an adequate supply of sterile medflies in the facility at this time. DR. SIDDIQUI: Only the medfly and the Mexican fruit fly require aerial spraying. The emergency program has only been used for these two in the past ten years. ASSEMBLYMAN FRIEDMAN: The Apple Maggot Program was similar. There was a successful lawsuit against the government requiring an EIR and to direct the cost of the eradication program to the growers rather than to the taxpayer who did not benefit from the program. We can refer to the 1981/82 infestation problem and the "Bill Thomas Amendment". DR. SIDDIQUI: The DFA believes that even if the State Legislators are successful in stopping the Governor from spraying, the federal government will take over and spray anyway. The Governor declares a state of emergency based on the request of the local Board of Supervisors which is reviewed every fourteen days, however, the Governor's declaration could last indefinitely. ASSEMBLYMAN FRIEDMAN: How long can something be declared as an emergency and who determines when it is no longer an emergency eradication but is established. What happens if the problem is not gone this summer or next fall, or next year. At what point does the overriding of the SQUA EIR requirement become unavailable. What'are the plans of DFA if the infestations are still here after June 1990. DR. SIDDIQUI: Believes that the Science Advisory Panel would reconvene to discuss and determine the next steps to be taken at that time. ASSEMBLYMAN FRIEDMAN: Believes this Committee/Panel should be looking to the future now and determining what should be done if the medfly is not established by June as DFA is assuming at this point. They should be ready with their alternatives now and not start discussing them once the problem is noticed after June. DR. SIDDIQUI: The goal of the DFA is to have drops of 300, million sterile flies per week by April or May of 1990. Mexico has not proven to be a reliable source for the sterile medflies as they do not ship regularly and they do not send the same number each week. Quality assurance from DFA is closely monitoring the Mexican facility at this time. ASSEMBLYMAN FRIEDMAN: Believes the DFA should re-evaluate their priorities. Believes it is wrong to spend only $800,000 annually on biological control methods and research and spend $38 million on eradication of a single pest by the use of pesticides. We have fought for many years and we need to control pesticide use all around for the sake of our environment. This has long been understood. Indicated he was curious if DFA had to bear the entire cost of the $38 million instead of the taxpayers paying for something they are against, especially those being subjected to the spraying, would the aerial spraying program cease. Would the DFA support us in requesting that the cost be borne mostly, if not entirely, by the growers, and not the public. MALCOLM FLEMING. LEGISLATIVE ANALYST - ADDRESSING CALIFORNIANS EXPENDITURES ON VARIOUS METHODS OF PEST CONTROLS: The following information is based on data obtained from the University of California and from the Department of Food & Agriculture. $39 million allotted for various pest control research as follows: a) 2% allocated for biological management; b) 8% for integrated pest management; c) 48% for chemical pesticide management; d) 29% for alternative pest control research; and e) remainder for miscellaneous research in pest management. AB2161 addresses funding for alternate pest control research. No money from the DFA budget is allocated to research biological eradication of pests. In regard to Agricultural exports, we presently export 30% domestically and 30% abroad, of which 21% is exported to Pacific Rim Countries, or 6% of the total amount exported. 1% - 5% of exports are to Japan which is the Country that causes the State concern over the medfly problem. The DFA's pest regulation program funding is make up of general funds primarily and registration and Department fees collected make up only 35% of the funds used for this program. ]KENNETH HAGEN, PH.D. - BIOLOGICAL CONTROL DIVISION, COLLEGE OF NATURAL RESOURCES, UC BERKELEY: (Entomologist) Believes the medfly is established in the L. A. basin area. Also, research leads them to believe that the medfly can only persist along the coast from Santa Barbara to San Diego. In 1986 there were two medflies caught -- one in Santa Monica and one in San Diego. In 1987 in Whittier; 1988 in Santa Monica -- eradicated. 1987 in Orange County there were a few medflies found and now in 1989 these same areas are reinfested. Whittier, Downey and Baldwin Park all had outbreaks in 1987 and the problem was said to be eradicated and now in 1989 we have the problem reappearing in these three areas. Due to this research entomologists believe that the DFA needs to give two years before saying that the medfly is totally eradicated. Believes that later this year we will see major infestations along the coastline because it is believed there are groups laying low at this time in those areas. If both the aerial and the soil temperatures remain at 4.54 degrees centigrade/40 degrees fahrenheit, for 3 - 5 hours, it would kill the larvae and that is what entomologists base the belief on that the coast will be infested this year. Believes that the present eradication result have been aided by the climate and the colder winter. Should be taking more soil temperatures and performing soil studies. There would be no loss to the public if the aerial spraying received a moratorium until further studies were taken, as long as the ground spraying and other eradication measures are proceeded with. Believes that much more of the public would be willing to participate if this were studies properly and they were more aware of all the issues. People tend to object more when kept in the dark about issues of public concern as has been the case in the malathion issue. ROBERT LUCK, PH. D., DEPART OF ENTOMOLOGY - UNIVERSITY OF CALIFORNIA, RIVERSIDE: Believes that ground applications of malathion along with the sterile release drops is sufficient. 40 tons of malathion used to date in the aerial sprayings. Even if there are no health hazards, believes the 40 tons of malathion chemicals being dropped from the air is an insult to the environment. The best place to put the bait is where the attraction of the medfly is. Most of the aerial droppings are remaining on roofs, cars, on the outside surface of the trees and plants, on the pavement, etc., rather than within the trees where the sap develops, which is the food source for the medfly. Traps are not very effective. Not only do the traps draw in the medfly, but they also attract fruit flies and lots of other pests. Integrated pest management or biological control would be the best answer rather than using so many pesticides dropping from the air. The detection aspect for the medfly has to be worked on. The ability of the current trap to detect the medfly is not sufficient. The sterile medfly release system is not accurate either. Need to establish better quality control in this area. Sterile medflies must be as alluring to the female as the wild medfly is. We should e very familiar with the behavior of the medfly to determine which steriles will work and which will not. There is also a possibility of non-sterile ones passing through the current system. Entomologists are not convinced that this problem is going to be over by June 1990. This season would be the slow season for the medfly anyway and it will be very hard to detect the actual problem. The State should have people outside of entomology (biologists, etc., ) to serve as uninvolved arbitrators as well as broadening the Board to include different types of people. Should have EIR statements which have gone through the process so that there is a protocol in hand to serve as the best source of information containing statements from all. Then a task force could be formed to go over the problems cited in the EIR as is done in most cases. Malathion is killing ladybugs, honeybees and nightcrawlers, which are all insects that provide protection against other destructive pests. If you were able to find them in your yard before, chances are you can't now, after being sprayed. Therefore, we are now going to suffer a shortage of these necessary insects. Believes we use too many pesticides and we have been for the past three decades. Would like to see more funding for research into alternative methods of eradicating pests other then with pesticides. Entomologists are continually conducting research studies into the malathion issue. ASSEMBLYMAN FRIEDMAN: Please keep this Subcommittee and the Legislature in general, apprises of any findings in this area. E. PHILLIP LEVEEN, PH.D., CONSULTING AGRICULTURAL ECONOMIST: The costs of eradication are understated and the benefits of such are overstated. There are risks involved in the low altitude flying of the helicopters as well as health risks involved. The costs of property damage and prevention of property damage are major expenses to the citizens, in addition to their taxes that are paying for all of the actual aerial sprayings. Some people have even expended costs in association with travel to relocate themselves outside the targeted area due to health problems which may be agitated by the sprayings. To present the agricultural side of this issue: Our Agricultural System is worth $800 million to $1 billion. The State has twenty host crops that are exported. Roughly a $300 million strawberry crop. Grapes make up 30% of all crops exported. Aside from our Citrus crops, the largest exported items are grapes, strawberries and tomatoes, all of which are not medfly attractants. Peaches and Apricots, which the medfly has been found in, only account for 5% of exported crops. Japan receives mostly orange crops. There is a misconception that Japan would no longer accept exports from us should the medfly be a problem, however, in reality, Japan would require the exported items to go through a treatment process which would cost the State roughly 2% on top of the usual export costs. If the medfly were not eradicated, it is estimated that this would result in a loss equal to seven and one-half percent yield loss, which would most likely result in higher prices to the consumer. This means that agriculture would benefit by gaining money rather than losing money. The farmer still does not pay, the consumer does. Believe that the growers should bear the costs of the aerial sprayings inasmuch as they are the ones benefiting financially from said sprayings. In this issue the taxpayer is getting it all around as far as financially participating without gaining any outright benefits. It is believed that the only reasons why the farm and agriculture people are all for the aerial sprayings is because they are mis-informed and they are not bearing the costs of the program. DARWIN HALL, PH.D., PROFESSOR OF ECONOMICS - CALIFORNIA STATE UNIVERSITY, LONG BEACH: Surveys should be conducted to determine from the urban population the actual costs expended by them and then add those sums to the total cost set forth by DFA and that will give a better idea of the total cost of the eradication program. DFA indicates that the ground application would cost much more when in reality, if you combine the costs to the citizens to protect their property, cars, etc., as well as any costs for medical problems and car paint jobs, etc., the aerial spraying costs and public costs combined, the amount would far exceed the costs for ground applications. Presently the general taxpayer pays for the malathion spraying program. If the program is called control rather than eradication, the farmers would be assessed a tax, as they are in most pest control measures, which would pay for the aerial sprayings. Also, would like to see the taxes collected for this pesticides to be used for research into pesticide uses. The mil tax was raised to 9 mil last year, for the first time since 1970. PUBLIC COMMENTS FROM THE AUDIENCE: Resident of North Hollywood, representing several residents of North Hollywood indicated that the citizens do not want to be sprayed and they believe that the credibility of the program has worn itself out. Many people are moving out of the spray zone, which is effecting real estate values. Business and restaurants are not doing the business they used to. There are people that have no where to go during the spraying, for example, the homeless. Some of these homeless people are small children and babies, as well as pregnant women and the elderly. What about them? Believes that if the State insists on continuing the aerial sprayings, they should also provide shelters for those that are homeless and must find shelter within the spray zone at the times of spraying. This is not a positive within the community. Mother of three children indicated that her son has a history of asthma which has been controlled with medication and medical treatment until the sprayings began. Doctor believes, although not certain, due to the amount of research done, that the malathion sprayings are causing irritation to this boy's already sensitive system. Doctor also indicated the possibility that pre --school children who play on playground equipment after a spraying and then placing their hands in their mouths, unless the equipment has been completely and thoroughly cleaned, may show some symptoms from the chemicals used in the malathion, just as they would in any pesticide. Believes that as long as she is a taxpayer who is paying for the aerial sprayings, that the State should pay for any medical costs incurred because of the spraying exacerbating her son's sensitive condition, as well as provide funding to remove people such as her son from the spraying areas. Mother - 43rd District - Her child's preschool has begun to charge an additional $5 per month per child to tent the playground equipment during sprayings. They have purchased tons of plastic which goes back into the environment after chemicals are dropped on it; and at the same time, we are pushing recycling and urging people to be concerned about their environment. It takes two people, 4 - 5 hours per day, to do the tenting of the playground equipment. MOMS (Mothers Opposed To Malathion Spraying) have organized a boycott against all Dolphin Corp. products. State Department of Water/Power unit manager indicated .that studies have been conducted which have determined that the water usage within a targeted area increased nearly 5 times the day following a spraying. This contradicts our advisement that we are suffering a severe drought and need to conserve water. Beverly Hills MF'CSW - tourism to California has been down since the sprayings began, along with all the news coverage about them. California is becoming a place not to live nor to visit. Surveys taken at Disneyland and other tourist attractions indicate a decline in visitors since the spraying began late 1989. President of Seniors For Political Action - Believes the elderly have suffered respiratory problems due to the malathion spraying combined with their already sensitive systems, due to age. Concerned that sprayings begin at 9 p.m. which is the same time most shopping malls close, meaning that shoppers are running to their cars as though they were running under bombs. Situation reminds him of the DDT problem. Says he believes the only person salivating at the sound of helicopters is Earl Scheib. North Hollywood resident feels that the Senate needs to divide the Agriculture and Water Committee inasmuch as the agriculture is the biggest pollutant of the water. Research should be done to determine what dangers, if any, may result from the combination of the malathion chemicals with our air (smog, etc.) since reports have shown that malathion spraying is not to be done when it is foggy• Meeting adjourned at 2:45 p.m. Note: Several television reporters were present for most, if not the entire hearing. They conducted a press conference outside the State Building prior to the meeting. Current bills relating to this issue - Cities may want to support: Bill by Assemblyman Russe (no number given) SB1823 AB2644 (Assemblyman Waters) SB950 May also refer to Food & Agriculture Code Sections 5321 and 5322. M E N O R A H D D M DATEs Tobruary 7, 2990 Tns All Concerned Citizens FROMt Lisabeth Hush, Law CADS-OrV RES Members of the State Agriculture I hater Rasourc, Committees State Capitol, Sacramento, CA 95814 perhaps you Mould like to contact members of the Senate r Comm ttee and find out how reasonable they, are and wbeth, they intend to vote f,= Senator Art Torrest bill to ban urbr aerial pesticide spraying which is Senate Bill (S.S.) 1823. Senator Ruben Ayala, Chair 916/445-9740 D/San Bernadir, of the Committee Committee Consultant, Stephen Macola 916/443-2206 *Senator Henry Mello 916/443-3843 D/Monterey Senator Cecil Green 916/445-3381 D/Santa re Opt Senator Dan NCCorquodale 916/445-3104 D/San Jose Senator Robert.Prsslay 916/443-9781 R/Riveraide senator Rome Ann Vuich 919/443-4641 D/Dinuba Senator Marian Bergeson 916/443-4961 R/Newport Bob *Senator William Craven 916/443-3731 R/Carisbad Senator John Doolittle 916/443-3798 R/Roseville Senator Jim Nielsen 916/445-3333 R/Chico Senator Don Rogers 916/445-6637 Wbakersfield *These two Senators are also on the Rules Committee and it Craven (a Democrat) who cast the swing vote that sent O.[• 1823 to the Ag Committee instead of Torres' Toxins and Publ' Safety or Diane Watson's Health and Human Services. Mello 4 Democrat) is from the farming area of Salinas/Monterey. FREEDOM ISN'T FREE - GET INVOLVED/STAY INVOLVED UIaIR2 aIaINT a2am$I The Senate Rules Committee (s Rembersl will vote to re-cosfira or 322t re-genfira Henry Toss as head of the CA Dept. of rood a Agriculture Q' Rapobiiosa of Redondo Reach. (Sw.Roberti considers him the potential awing vote.)aay a write along theme lines which are legal Z argumentso -we want a raLL VUSLIC MUUNa into the qualifications W of Rant* voss to run the most powerful agency in the state. we went !o stop this man because of his aarbitrary a capriciousa conducting of the malathion spraying in no. Cal.I because of the totally inadequate notification to residents regarding urban sprayings W because he orders spraying to continue despite sajor data gaps in �-. scientific studies) because he arbitrarily and capriciously intends to escalate the spraying to weekly doses) because he does not conduct RBA nslidsted monitoring of air, health, beneficial bug loss, etc.) because he vowed to spray until lathe last medfly is N dead)" because the concepts of spraying i eradication do not work as the fly needs control, not eradication, because iamediate Wi negative health effects have been designated „acceptable losses+@ by CTDAI because he did not act in a timely Manner to create a alternatAve programs (such as spud up the sterile madily production, use more traps, ats,)I because he has permitted a conspiracy to Rasp the RBA and the publie ui►iliforaad regarding myQ S'T z � s� �� z gOV4 �o URGMT1 WRITE, pHOMRl STIED SSBATOR BEVERLY LL z CLippINGS, AFFIDAVITS, OOCUMOTA=ION, Ur=ERs. to Roaw 5082, State Capitol. SAC 95814 OpHONE IRWMS FOR SENATE RALES C"ITTEE HOMERS. Vj (a1i the Iollowing Saumsiaeto Hisnbem be91n 916/445) Uj cc.. ' Robert Beverly Beverly (R) Redondo Beach (2131 540-1611 (916) 445-6447 U) fadpla petris (0) Oakland (415) 464-1333 U) (916) 445-6571 O Bill Craven (R) Cm isbad 1519) 964-1443 > (9161 445-2648 David Robartl101Hollywood (213) 676-5200 (9161 445-8390 W no" Mello (0) Sallmmtr meter (4081 373-0773 (916) 445-5843 THIS IS OUR BEST CHANCE TO GET THE Tnu= cM — CC*= TO SACRAKE8TG-TESTIFTI W 'C a0 MALATHION UPDATE H CO 2/24/90 Dear Parents, The full California Senate is meeting on Monday, March 5th, to vote on the reconfirmation of Henry Voss as the Director of the Food and Agriculture Department. Mr. Voss is a Peach Farmer. He is a proponent of aerial Malathion spraying. Can he be expected to be unbiased given his long time ties to the Agri - Business Community? Mr. Voss refuses to give merit to the many professionals who have deemed the eradication program a health hazard to the general populace. He refuses to accept the probability that this program is ineffective. YOU can help sway their vote by taking 15 minutes to call the Senators listed on the following page and read the statement at the top. It is imperative that these call are made by this Friday, March 2nd. YOUR CALL WILL MAKE THE DIFFERENCE! :Than you! r.Y--- 1 Susan Spector (818) 509-1491 P.S. These 3 Senators are on our side. They want the spraying stopped and studies started! David Roberti Los Angeles 213-875-5200 Art Torres Los Angeles 213-627-5333 Nicholas Petris Oakland 415-464-1333 I urge Senator (insert name) that Henry Voss not be reconfirmed as the Director of Rood and Agriculture Department. He is totally insensitive to public health and safety. SENATOR DISTRICT OFFICE PHONE # Ruben Ayala San Bernadino 714-884-3165 Marian Bergeson Newport Beach 714-640-1137 Robert Beverly Redondo Beach 213-540-1611 William Campbell City of Industry 818-9641443 William Craven Carlsbad 619-438-3814 Ed Davis Northridge 818-368-1171 Ralph Dills Gardena 213-324-4969 Cecil Green Santa Fe Springs 213-929-0016 Bill Greene Los Angeles 213-620-5600 Gary Hart Santa Barbara 805-966-1766 Barry Keene Vallejo 707-648-4080 Bill Leonard Upland 818-914-5855 Joseph Montoya El Monte 818-575-6956 Robert Presley Riverside 714-782-4111 Alan Robbins Van Nuys 818-901-5555 Herschel Rosenthal Los Angeles 213-479-5588 Edward Royce Fullerton 714-871-0270 Newton Russell Glendale 818-247-7021 John Seymour Anaheim 714-385-1700 Diane Watson Los Angeles 213-295-6655 Feeling energetic? More names! (I have more,call me.) Dan McCorquodale San Jose Henry Mello Monterey Jim Nielsen Chico Don Rogers Bakersfield Rose Ann Vuich Dinuba 408-277-1470 408-373-0773 916-343-3546 805-395-2927 209-591-5005 ' FEB 28 190 10:51 ASSEMBLY News from TOM HAYDEN Member, California Legislature 44th Assembly District FOR IMMEDIATE RELEASE rEBRUARY 28 , 1994 F. 2/4 h�} iwtv4 rhP wJa a � CiS �441Fo µ1� CONTACT'. BILL SC13ULZ (213) 39? -27.7 Release 0 90-010 HAYDEN PROPOSES NEW LEGISLATION TO CURB SAFETY ABUSES OF AERIAL MALATHION SPARYINGS Assemblyman TOM Hayden (D - West Los Angeles) announced today that he will introduce new legislation requiring the state to take increased safety precautions in the use of malathion and other pesticides. Hayden announced his intention at a special hearing of the Assembly Ways and Means subcommittee on Health and Welfare held in Van guys to explore the safety issues surrounding malathion use. Hayden's proposal includes measures to: o End the abuse of the Emergency Services Act by state agencies to justify extensive malathion sprayings. o Require the adoption of more specific health standards. o Shift the cost of aerial malathion spraying to the industries that benefit from it. 0 Transfer authority over pesticide safety from the Department of Food and Agriculture to the Department of Health Services. Hayden made the following statement at the hearing: The Medfl.y crisis is obviously no longer simply a debate over how to protect human health and California agriculture. It has become a breakdown of governance. -- MORE Cl Capital Office © District Ofijce State Capitol 1337 Santa Monica Mall Sacramento, CA 95814 Suite 313 9161445.1676 Santa Monica, CA 90407: PC'.,) BY'.5EN PLPN F;Z0513IN'S D 0 , 2-26-90 1,1.15GM FEE 38 '90 10:52 ASSEMBLY CCITT e34 8189815S52;# P.3r4 The crisis is rooted in a system of arbitrary and aloof executive power in Sacramento which allows the Governor and his agencies to impose aerial, spraying on an urban population that lacks confidence in what they are told and feels powerless to act effectively to protect their health. This crisis cannot be resolved by the public relations campaign sponsored by government and agriculture officials. when government itself advises, in its own words, that people "avoid direct exposure to the spray mist during and after aerial spraying" government sows the seeds of a permanent distrust more usually found in an Orwellian, authoritarian state. When a majority opposes aerial spraying, when virtually every Southern California government is protesting or suing the state and still the spraying continues, it is clear that the checks -and -balances crucial to democracy have broken down and must be restored. The central problem is the existence of a self-perpetuating pesticide -industrial complex in Sacramento whose Pentagor. is the Department of Food and Agriculture. The Environmental Protection Act of 1990 (the "Big Green" initiative) is designed to make this self-regQlated bureaucracy more accountable. in response, agribusiness is proposing its own initiative which essentially protects the existing bureaucracy from any change whatsoever. But the people of Los Angeles and orange Counties cannot wait for an initiative to pass in November. That is why the legislature must act now, using its budgeting and oversight authority to reverse the policies that are making helicopter spraying a permanent way of life. While supporting the measures already offered by my legislative colleagues, 1 intend to offer legislation or budget language which Will do the following: 1. End the abuse of the Emergency Services Act by requiring a review of aerial spraying in the framework of the California Environmental Quality Act (CEQA), The medfly issue is not a sudden and unexpected emergency requiring instant curtailment of routine procedures for assuring environmental and health protection. The crisis has been with us a decade, and will continue. The Emergency Services Act has become a tool for blocking any reasonable input by elected officials, health and environmental experts and local constituency representatives in the decision-making process. --- MORE ---- RCV BY:SEN ALAN ROBBINS D O ; 2-28-90 11:15AN CCITT Gia 8189015562;# 4 FEB 28 '90 10:52 ASSEMBLY P.4/4 2. Adopt more specific health standards based on independent science, requiring that mala t ion poses na significant risk for infants 'the elderly, or persons with chronic health problems, and which identify the cumulative effects of malathion when commingled with other chemicals in the air and water. The Science Advisory Panel must be made credible by the inclusion of a broader cross-section of perspectives, and the state budget for integrated pest management and biological pest control should be tripled immediately. {The science panel includes five individuals already committed to aerial spraying, and the state°s research on alternatives has remained essentially flat for five years at around $1,5 million,} 3. Shift the cost of aerial malathion spraying From taxpayers to the inch ustries that benefzt'by at I -ems ag cultural . assessment districts and/or raising the pesticide mill tax, The estimated 1989-90 taxpayer cost for spraying is $30 million, There is little incentive for industry to seek alternatives if the bill for unlimited spraying can be sent to the taxpayer. 4. As the Environmtentai protection Initiative proposes, authority over pesticides should transferred from the Department Of Food and Agriculture to the Department of Healtb Services operating under tough new health -based standards. It is a conflict-of-interest in public perception and plain fact - for the Department of Food and Agriculture to have the mandate of regulating the safety of the very pesticides it promotes. The question today is not just whether malathion is safe. It is whether the public interest is safe from an abuse of power that seems flagrantly old-fashioned in this era of citizen participation. #4#4 B A C K G R O U N D P A P E R FISCAL ISSUES RELATING TO MEDFLY SPRAYING IN LOS ANGELES AND ORANGE COUNTIES Assembly Ways and Deans Subcommittee on Health and Welfare Terry B. Friedman, Cha ma February 28, 1990, 9 a.m. State Office Building Van Nuys, California INTRODUCTION According to the California Department of Food and Agriculture (CDFA), agriculture in California annually constitutes a $69.2 billion industry. Even after considering such important contributors to California's economy as "high tech" computer and microelectronics, tourism, and the entertainment industry, agriculture is still the state's biggest business. The state works hard to protect this business and ensure its competitiveness in a world economy. This. includes General Fund -supported programs to promote California agriculture overseas, the delivery of subsidized water to growers, zealous control over the regulation of pesticides -- and the exercise of emergency powers to eradicate exotic pests deemed to represent a serious threat to California's number one industry. in the eyes of farmers and the CDFA, some of the most threatening pests are the exotic fruit flies -- the Mediterranean fruit fly and its Oriental and Mexican counterparts. According to the department, by the end of this fiscal year, the state and the U.S. Department of Agriculture (USDA) will have jointly spent (on a 50/50 basis) approximately $137 million in efforts to eradicate the Mediterranean fruit fly (the "Medfly") over the past decade. Of this amount, $100 million was spent during 1980-1982 in Santa Clara County and the Los Angeles Basin; $2.5 million was spent in Los Angeles County during infestations in 1987 and 1988; and by the end of the current fiscal year, the programs in Santa Clara, San Bernadino, Los Angeles and Orange Counties will have cost between $28 and $30 million. The state's share of these eradication costs has come entirely from the General Fund, which receives general income and business tax revenues. The 'Medfly is not the only pest the CDFA has attempted to eradicate in California. Over the past ten years the department, working with the U.S.D.A. and county agricultural commissioners, has conducted a number of eradication programs to rid the state of newly introduced exotic pests. while two of these efforts, an eradication program against, the Japanese beetle in Sacramento County and a project against the apple maggot on the north coast, -1- have given rise to substantial controversy, it is the large scale programs against the fruit flies that have generated the most widespread public concern. HOW HAS ERADICATION BEEN CARRIED OUT? The current Medfly eradication program began in 1989, when a Medfly was trapped near Dodger Stadium in Los Angeles on July 20. Intensified trapping caught 40 more flies over the next few days. On the advice of its five -member Medfly Science Advisory Panel (SAP), the department began an eradication program consisting of a single aerial application of malathion bait, followed by release of sterile flies for two Medfly generations. This type of program is considered "integrated pest management", because .it relies on a combination of pesticides to kill adult flies, followed by a form of biological control -- the release of sterile flies to thwart the reproduction of subsequent generations of flies. This program was completed in September. In August and September, additional flies were trapped in Santa Clara County, and in several areas in Los Angeles and San Bernadino Counties. The department began eradication using the program described above. However, beginning on October 25, flies were trapped in widely scattered locations throughout the Los Angeles and Orange County areas. To date there are 13 separate treatment locations (Sylmar, North Hollywood, Panorama City, Rosemead/Monrovia, Eagle Rock/South Pasadena, Brea/La Habra, South Gate, Glendora, Downey/Norwalk, Irwindale, Verdugo Hills, Garden Grove, and Pomona). Unfortunately, the supply of sterile Medflies was not sufficient to accommodate all the areas requiring treatment. At the current time, the CDFA can obtain at most between 120-140 million sterile flies each week: 100 million weekly from a USDA/CDFA laboratory in Hawaii, and another 20-40 million weekly (but irregularly) from Mexico. In addition, the quality of the flies from Mexico has been spotty. Sometime this summer, the supply of sterile flies is expected to be greatly increased when construction of a new USDA laboratory in Hawaii is completed. In the near term, however, faced with this new outbreak and insufficient sterile flies to expand the current program, the department reconvened its SAP in early December to obtain recommendations for the conduct of the program. The SAP recommended that those areas already receiving sterile flies (Baldwin Park/Valinda, Whittier, Upland, and Mountain View) should continue to receive the sterile flies, but that all other areas should be treated with multiple aerial applications of malathion bait mixture through two Medfly life cycles. -2- 'kdoption of this policy has meant that each of the more recently infested. areas has been sprayed once.every three weeks since December. The department plans to continue this practice through March. In April and May, as the weather warms, sprays will, occur once every other week, and in June the frequency will increase to about once a week. Ultimately, each area subject to the program is scheduled to receive 8-12 spray applications. HEALTH QUESTIONS PERSIST The amounts of pesticide that are sprayed are not large -- an average of 2.4 to 2.8 ounces of malathion per acre, mixed with a sticky corn syrup to bait the flies. But urban residents have serious concerns about the impact the spray may have on their health and that of their families. while state health officials believe the program is safe, public concern deepened after it was reported that not all questions about the safety of the pesticide have been conclusively answered. For example, both state and federal Environmental Protection Agency records show that data gaps exist in the malathion safety record. And Dr. Marc Lappe, one of the state's experts who worked on the malathion assessment, has stated that he does not view the State Department of Health Services' final report on malathion's long-term health effects as presenting a complete picture, because the department altered some of his draft assumptions and findings. Between January 25 and February 23, five legal challenges to the program were filed. The Cities of Garden Grove and Huntington Beach sought restraining orders to prohibit aerial spraying, and the City of Pomona sought a temporary restraining order (TRO). Both restraining orders and writ -of -mandates were denied. A TRO sought by the Orange County Legal Aid Society on behalf of the homeless was denied, although a full hearing is scheduled for February 27. The fourth challenge was filed in federal district court on February 23 by the Natural Resources Defense Council and other environmental groups, enjoining CDFA from further spraying until the court has examined whether or not the California Environmental Quality Act (CEQA) had been adequately addressed under the emergency powers exercised by the department. In addition, the City of Pasadena adopted an urgency ordinance prohibiting formation flying by helicopters below 700 feet. This action was aimed directly at procedures used by the state's helicopters, which spray malathion bait from about 500 feet. On the night of February 23, city police ascended in their helicopters to intercept the CDFA helicopters spraying over the city, informing them they were in violation of the new city ordinance. The CDFA pilots politely acknowledged the transmission -- and continued with the spraying. -3- Orange County Supervisors are also exploring legislative options to prevent CDFA from pursuing spray eradication. County staff have identified a number of areas of legislative appeal, which are currently under review by the Supervisors. FISCAL ISSUES RELATING TO PROGRAMS ADMINISTRATION The administration of this program has given rise to a number of important fiscal questions. These include the following: 1. Does the fly present such overwhelming risks to California agriculture, and to Californians in general, that it is fair to continue vith a program that imposes virtually all of its costs on urban residents, and distributes most of its benefits to the agricultural industry? To date, urban residents have born the full costs of this program in every sense. First, the entire cost of the state's contribution has been borne by the General Fund. Second, it is urban residents who have suffered the imposition of helicopters droning overhead, spraying their houses, cars and yards with a sticky brew of fly bait and pesticide. Third -- and most Important for most urban residents -- they bear the utterly incalculable costs associated with wondering if their exposure to malathion will cause acute or chronic health effects for themselves and their families. What benefits do these people receive from this -program? The CDFA argues that, "Allowing Medfly permanent residency in California would have a devastating impact on every citizen in the State."I The department believes that pesticide use by farmers and backyard growers would increase dramatically, heightening concerns about human exposure to chemicals and threatening the environment. Furthermore, beneficial insects such as ladybugs and honey bees would be killed, causing secondary pest outbreaks, more crop losses -- and more pesticide use. CDFA argues that avoiding these impacts represents a significant benefit to urban residents, and justifies the eradication spray program. But the department also believes there are significant benefits to the agricultural industry from continuing the program. According to the CDFA, there are approximately 150 different crops in California which could become hosts to the Medfly. The total annual value of these crops is estimated at $5 billion. I CDFA. hedfly Eradication Program and Safety of Malathion, December 15, 1989, p.l. -4- A 1981 study published by the University of California Cooperative Extension and Giannini Foundation estimated that the total annual cost to California agriculture if Medfly became established could range between $316 million and $756 million for recurring expenses such as extra insecticide applications, crop losses, lost value to commodities damaged by quarantine compliance, fumigation, cold storage and increased transportation. The cost of constructing fumigation, cold storage and upgraded packing and shipping facilities would add another $55 million to these estimates on a one-time basis. It is in part these estimates which CDFA has used to justify the urban spray program. Recently, however, critics have charged that these costs may be overstated. Economists point out that the 1981 study is based on unrealistic, worst-case assumptions. For example, the study assumes that all potential crops would be equally affected. in fact, it is more likely that some crops would be seriously affected, some marginally, and some, not at all. These and other worst-case assumptions mean that the true costs of Medfly permanent infestation could be far less -- perhaps less than the $28 - $30 million estimate of total eradication costs during the 1989-90 fiscal year. What is significant, however, is that the agricultural community clearly stands to benefit greatly if eradication is successful --- yet contributes no greater financial support to the eradication program on a relative basis than the average taxpayer. This .imbalance suggests a fundamental inequity. Suggested Action: The Governor and the Legislature should immediately fund a new study of the economic impacts the Medfly could have if it becomes established in California. 2. Can the Medfly be eradicated? Or has the fly already become established in some areas of California? If so, can California learn to live with the -fly? Until the most recent Medfly infestation, it was widely believed that the various eradication projects carried out over the past decade were successful, and that each new reappearance of the fly was a result of its reintroduction into the state from other areas where it is an established pest. While CDFA and its panel of Medfly experts state that some aspects of the present fly infestation are puzzling,2 they remain confident that the eradication effort will be successful. 21bid, p.3. -5- The present infestation has spread in such unexpected ways, however, and over such a wide area that some entomologists are now beginning to question whether the Medfly can be eradicated. It may have become established in such a thorough fashion that eradication efforts will ultimately prove unsuccessful. If that proves true, some experts say the state should begin to actively plan for the permanent presence of the Medfly and how the state's agricultural industry can cope with it. If these scientists are correct, the state's current eradication effort may prove to be a costly mistake. The money spent on full-scale eradication could perhaps have been more profitably invested. into research on such poorly understood issues as the fly's behavior in a climate like California's, predators, and other avenues of biological pest control. This research is critical if California is to avoid the kind of pesticide overkill CDFA fears will occur if the pest has become established. To some extent, the experience of other areas where the Medfly has become established (Spain, Israel, Northern Africa) may prove helpful in charting the path California must follow. (It should be noted, however, that comparisons are difficult between other agricultural exporters and California. No other agricultural exporting state or nation matches the volume and variety of California, whose $69.2 billion annual agricultural economy supplies much of the United States and exports to many parts of the world.) Given the intense level of concern among urban residents about the spray eradication program, it seems imperative that the fundamental question of whether the Medfly is in fact eradicable be answered as quickly and conclusively as current scientific knowledge will allow. As noted above, the department's Science Advisory Panel believes that it can be eradicated, and, in the absence of a greater supply of sterile flies, recommended the current spray program. However, while the five -member panel is extremely knowledgeable about the Medfly, it does not include one entomologist whose primary research focus is biological methods of pest control. Suggested Action: The Governor should require the Department of Food and Agriculture to immediately reorganize the panel to include equal representation from experts on pest biological control, and seek new recommendations regarding ways to attack Medfly infestations in areas currently not being treated with releases of sterile Medflies. 3. Should assessments be imposed on the agricultural industry to share in the costs of eradicating or controlling the pest? CDFA has for years maintained an unwritten policy of requiring pest control programs to be partially or wholly funded by the sector of the agricultural community which benefits from the -6- programs. in certain cases (apiary pests, the cotton pink bollworm, the cotton boll weevil, and the curly top virus), laws have been passed requiring the growers to form districts, assess fees on themselves, and assume a full or partial share of the control program costs. This has not been true of eradication programs, which are deemed to be of such broad societal benefit that full support by the General Fund is justified. As noted above, by the end of this fiscal year, approximately $137 million (half from the General Fund, half from the U.S. Department of Agriculture) will have been spent in California in efforts to eradicate the Medfly. But if the department and its Medfly advisory panel determined that the Medfly had already become established, precedent would require that the growers of some or all of the 150 types of crops identified as potential Medfly hosts should be assessed fees to help pay the costs of this program. However, even if the department and the advisory panel continue to argue that eradication is possible, the Legislature may wish to redress the imbalances inherent in the current program, by requiring cost sharing by the benefiting industry. Should cost-sharing occur, one wonders what the reaction of the agricultural community would be to the current program. For example, would they decide that the current eradication program is too expensive? Would they argue for more and better research into alternatives to broadcast spraying? Would they support increases in the department's budget for research on biological control methods and integrated pest management -- and be willing to help pay for that research with their fees? The example of the apple maggot infestation in California's northwest counties is illustrative. In 1984, trapping of apple maggot flies caused commercial growers of all "pome" (pitted) fruits to become extremely concerned about the possibility of infestations. While growers could treat their orchards chemically, a primary concern was that Japan and other nations would embargo California fruit. They urged the state to act quickly to eradicate the pest. During the period 1984 through 1988, the state spent approximately $7.5 million from the General Fund in eradication efforts. In this case, eradication meant primarily that the state sent workers to strip all fruit off backyard trees and spray the ground, and growers sprayed their own commercial orchards. However, the CDFA's Apple Maggot Science Advisory Panel determined that, because Oregon and Washington had adopted a learn--to-live-with-it approach, eradication was impossible because reinfestation across the California/Oregon border would -7- continually occur. Because of the continual possibility of reinfestation, the panel concluded that the CDFA program was not truly eradication, but rather one of control. After this finding by the advisory panel, the legislative budget committees refused to consider any further appropriations for or control until the pome fruit industry developed assessment fees to help pay program costs. To date, the industry -- which strongly supported the state's use of General Fund revenues to strip private homeowners backyard trees and spray their yards -- has been unable to agree on an assessment method. Consequently, control programs are now practiced by each individual grower, and internalised as one pore cost of production. No embargo of California fruit has occurred. Suggested action: Urgency introduced which establishes growers of crops susceptible that these fees constitute both eradication and control methods of biological control. 4. Has California committed methods of pest control? legislation should immediately be a method of assessing fees on to Medfly infestation, and requires at least 50 percent of the cost of programs, including research into sufficient resources to biological For years critics of CDFA and California agriculture have argued that support for research on integrated pest management and biological pest control has been inadequate. The Governor's budget bears this out. For fiscal year 1990-91, it proposes a total of $38.4 million for pesticide regulation and research. The bulk of this appropriation comes from the General Fund ($23.4 million) and the Agriculture Fund ($12.3 million - primarily pesticide mil tax). By comparison, the budget devotes approximately $720,000 to research on integrated pest management, and $811,000 for biological pest control. These appropriations are primarily from the General Fund, supplemented to a modest degree by federal funds. Funding for these programs has been virtually flat over the past five years, in spite of agriculture's concerns over infestations of exotic pests such as the fruit flies, the Japanese beetle, and the apple maggot. Additional funding for integrated pest management and biological pest control is found in the budget for the University of California. However, according to Don Dahlston, director of the UC Berkeley Biological Pest Control Division, funding provided by the University is sufficient to pay salaries, and practically nothing else. Research funds must be sought from other sources. The heavy price currently being paid by urban residents of Los Angeles and Orange Counties to eradicate the Medfly could well be an indirect result of the state's perennial starving of these IM critical alternative pest control programs. For example, greater emphasis on integrated or biological methods of controlling the Medfly and other pests could have led to the use of alternative methods of control when the supply of sterile medflies gave out. But additional funding is not the only answer. Experts in these alternative methods of pest control should be formed into an advisory group, with representatives from farming groups, and should provide the department and the University of California with a list of research priorities. Suggested Actions Either through legislation or through the budget, the CDFA should be directed to immediately form an advisory group, consisting of experts. on integrated and biological pest control methods and farmers. In addition, funding for integrated pest management and biological pest control should immediately be increased, according to the recommendations of this newly -formed group. ME City Administrator February 27, 1990 Members of City Council City of Diamond Bar 21660 E. Copley Dr. Diamond Bar, CA 91755 Honorable Mayor and Members of City Council: RECEIVED //C -O DIAMOND BAR CiTY C Rli �f Azusa The City Council of the City of Azusa strongly urges the City of Diamond Bar to adopt an Ordinance regulating formation flying at low altitudes within your city boundaries, thereby eliminating malathion spraying in Southern California. As you know, helicopters flying in formation at low altitudes currently perform aerial spraying and, as such, is imminently dangerous to persons and property below. Considering this task is performed at night, the potential for an accident increases with each spraying. In addition, long term effects to the health of the residents of the State of California has yet to be studied fully, and, until such time, malathion spraying must cease. Although the Ordinance is difficult to enforce, all cities must unite and urge the Governor to cease the spraying of malathion until it has been proven, beyond a reasonable doubt, not to jeopardize the health of the people of this State. Once again, the City Council of the City of Azusa strongly urges you to take action against malathion spraying by adopting a similar ordinance. Sincerely, ;e v� Frederick Diaz City Administrator for Azusa City Council enclosure: ordinance No. 2436 -92 213 East Foothill Blvd., P,G, Box 1395, Azusa, California 91702-1395 Mayor March 8, 1990 Members of City Council City of Diamond Bar 21660 E. -Copley Dr. Diamond Bar, CA 91765 Honorable Mayor and Members of City Council: RECEIVED DfAmoiz BAR Cf TY CLERK f C� x ;CIA 6a 0, As you know, the Azusa City Council is taking a lead in its attempt to stop malathion spraying within its City limits, and hopefully throughout the State -of California. In so doing, not only has the City adopted an Ordinance prohibiting formation flying within the City limits, but we have also authorized our City Attorney to file, in Federal court, a suit against the State of California for violation of pesticide and aviation regulations. Now its time for us to go one step further. I feel it is important for the San Gabriel Cities to write and send a message to Governor Duekmejian. Therefore, I am asking your City to join with me in -sending a representative to Sacramento protesting the spraying. Further, I have- sent a letter to the League of California Cities asking them to spearhead this project to include all cities throughout the State.. If your City is interested, please contact the League and send \ them your support of this mission. Sincerely, Eugene F. Moses Mayor EFM/ta cc: Azusa City Council 213 East Foothill Blvd., P.O. Box 1395, Azusa, California 91702-1395 elh/ORD2054 ORDINANCE NO. 2436 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 8.65 TO THE AZUSA MUNICIPAL CODE PROHIBITING FLYING IN FORMATION AT LOW ALTITUDES OVER THE CITY OF AZUSA AND DECLARING THE URGENCY THEREOF WHEREAS, within the last month helicopters have been flying in formation at low altitudes over the City of Azusa to perform aerial spraying; and WHEREAS, such low formation flying has resulted in tremendous noise and disturbance to the citizens of Azusa; and WHEREAS, noise levels generated by formation flying at low altitudes has resulted in harm to persons and property, as such harm has been testified to before the City Council; and WHEREAS, the harm from such noise levels is in addition to that which may be caused by aerial spraying; and WHEREAS, formation flying at night at low altitudes is imminently dangerous to persons and property lawfully below the aircraft -because of the increased likelihood of an accident from attempting to avoid flight path obstructions while remaining in formation; and WHEREAS, the City has been unable otherwise to halt such formation flying at low levels; and WHEREAS, the City is a party to the State Master Mutual Aid Agreement and has the ability to take certain actions and coordinate with the state even when an alleged "state of emergency" has been declared by the Governor of the State of California; and WHEREAS, this is an urgency ordinance needed for the immediate preservation of public health and safety in that the noise and potential for accident is on-going and increasing absent intervention by the City immediately. NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows: Section 1. Chapter 8.65 hereby is added to the Azusa Municipal Code to read as follows: Chapter 8.65 Low Flying in Formation Section 8.65.010. It shall be unlawful to engage in formation flying at altitudes of 700 feet or less over the City of Azusa between one half hour after sunset and one half hour before sunrise without the prior written consent of the City Council after a public hearing on 1RD2054 such issue duly noticed and conducted by the Council. Section 8.65.020. A violation of this ordinance shall be a misdemeanor, punishable as set out in the Azusa Municipal Code and each pilot flying in formation shall be guilty of a separate offense. Each such separate passage or flight over Azusa (whether or not sequential in time) in violation of this ordinance shall be determined to be a separate and distinct violation of and offense hereunder. Section 8.65.030. Sections 8.65.010 and 8.65.020 shall terminate and be of no force and effect one year from the date of their adoption. Section 2. Urgency. This is an urgency ordinance pursuant to Government Code Section 36934 and 36937 whose immediate enactment is necessary for the immediate preservation of public peace, health, safety and general welfare and shall be effective immediately. The facts constituting the need for such an urgency ordinance are that the City repeatedly has tried to stop such flying in formation over the City by attempting to contact and negotiate with state representatives; despite the best efforts of the City Council and staff such formation flying and the resulting noise and harm continue and may escalate. Therefore, it is necessary for this ordinance to become effective immediately in order to prevent additional harm to persons and property within the City. Section 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published and posted as. required by law. PASSED AND APPROVED this 20th day of February , 19 90. MAYOR CPM JRD2054 STA'T'E OF CALIFORNIA } COUNTY OF LOS ANGELES ) Ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2436 was introduced and adopted as an urgency ordinance at a special meeting of the City Council on the 26th day of February, 1990 by the following 4/5th vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE �7 ABSENT: COUNCILMEMBERS: NOISE V -3- Ray Johnson ® Mayor Rolf Janssen ® Mayor Pro -Tem George Cole-, Councilman George Mirabal ® Councilman .fay B. Price ® Councilman, Phyllis Papen, Mayor City of Diamond Bar 21660 E. Copley Drive, Diamond Bar, CA 91765 Dear Mayor Papen: March 8, 1990 Suite 330 The City Council for the City of Bell has adopted the attached resolution insisting that the State adopt urgency legislation repealing Section 11501.1 of the Food and Agriculture Code. We are very concerned that the aerial spraying of malathion is not the most economical method of attacking the medfly problem and that aerial spraying is a very ineffective system of attacking the medfly problem_ Obviously, the aerial spraying system has had poor results in the elimination of the medfly larvae in the Los Angeles Metropolitan Area, considering the amount of aerial spraying that has been conducted. If you need additional information regarding the City's policy position, please contact John Bramble our Chief Administrative Officer at (213) 588-6211. Sincerely, Ray Johnson Mayor Enclosure 6330 fine Avenue . Bell, California 90201-1291 •(213) 588-6211 • Fax (213) 771-9473 RECEIVED en 8,Aq ' CITYCLERK CITY OF BEILhu. 14 PA 1 13 March 8, 1990 Suite 330 The City Council for the City of Bell has adopted the attached resolution insisting that the State adopt urgency legislation repealing Section 11501.1 of the Food and Agriculture Code. We are very concerned that the aerial spraying of malathion is not the most economical method of attacking the medfly problem and that aerial spraying is a very ineffective system of attacking the medfly problem_ Obviously, the aerial spraying system has had poor results in the elimination of the medfly larvae in the Los Angeles Metropolitan Area, considering the amount of aerial spraying that has been conducted. If you need additional information regarding the City's policy position, please contact John Bramble our Chief Administrative Officer at (213) 588-6211. Sincerely, Ray Johnson Mayor Enclosure 6330 fine Avenue . Bell, California 90201-1291 •(213) 588-6211 • Fax (213) 771-9473 RESOLUTION NO. 90-9 A RESOLUTION OF THE BELL CITY COUNCIL SUPPORTING THE ACTIONS OF OTHER CITIES IN LOS ANGELES AND ORANGE COUNTIES AND CONDEMNING THE AERIAL APPLICATION OF MALATHION INSECTICIDE IN LOS ANGELES AND OTHER COUNTIES WHEREAS, the frequency of aerial spraying of malathion insecticide over various parts of Los Angeles and Orange Counties has increased dramatically as State and County health officials attempt to eliminate the presence of the Mediterranean Fruit Fly (Medfly) from the area; and WHEREAS, the increase in aerial spraying necessitates an official determination regarding the questionable short and long-term health and environmental effects resulting from repeated application of the insecticide; and WHEREAS, because existing State law preempts local regulation of the use of economic poisons, thereby severely restricting the ability of local governments to responsibly protect the health, safety and welfare of their residents from the dangers of chemical pesticides; and WHEREAS, existing State law provides inadequate time and opportunity to local governments to challenge the decision of the Director of Food and Agriculture with respect to pest eradication projects; and WHEREAS, numerous cities in the Los Angeles Metropolitan Area have voiced their concerns regarding the safety of spraying malathion and asked that the spraying be postponed until it is proven safe to persons and the environment; NOW, THEREFORE, THE BELL CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: I. That all aerial malathion applications be postponed until independent reliable analyses have shown conclusively that the widespread, aerial application of malathion is not hazardous to the health of humans nor to the environment generally. 2. That alternatives to aerial malathion spraying be immediately implemented, e.g., ground application of malathion and/or more extensive use of sterile medflys. 3. That State and County health officials begin a comprehensive public education program to increase public understanding of this and related issues. A 4. That the State legislature adopt urgency legislation repealing Food and Agriculture Code Section 11501.1, which prohibits local regulation of the use of economic poisons. 5. That the State legislature adopt urgency legislation granting to local government the authority to prohibit aerial spraying of any economic poison, including Malathion, within its boundaries. 6. That the provisions of Food and Agriculture Code Sections 5051-52 be amended to permit challenges to the decisions of the Director of Food and Agriculture throughout any portion of an active pest eradication project. 7. Resolved further that the City Clerk is directed to forward copies of this resolution to the appropriate State legislators and/or officials, Mayors of the surrounding cities and the League of California Cities. PASSED, APPROVED AND ADOPTED this 5th day of March , 1990. Mayor ATTEST: zy Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BELL I, Denise Underwood, Deputy City Clerk of the City of Bell, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 90-9 was duly adopted by the City Council of the City of Bell at a regular meeting thereof held on the 5th day of March, 1990 and that the same was adopted by the following vote, to wit: AYES: Councilmen Cole, Price, Janssen and Mirabal NAYES: None ABSENT: Mayor Johnson ABSTAIN: None N Deputy City Clerk of the City of Bell Ile rWAYOR: DENNIS McDONALD MAYOR PRO TEM: JAY T. IMPERIAL COUNCILMEN: ROBERT W. HRUESCH ROBERT DeCOCKER GARY A. TAYLOR February 26, 1990 R,,DSCmeadU1A' �t VEDOND 3AB 8838 E. VALLEY BOULEVARD P,O'ia ROSEMEAD, CALIFORNIA 91770 22 TELEPHONE (818) 288-6671 TELECOPIER 8183079218 At their regular meeting on February 13, 1990, the Rosemead City Council took action on the attached resolution and requested that a copy be sent to you for your information and consideration. Sincerely, � C� ANICE WARNER City Clerk City of Rosemead Ale� Attachment E. 26:1 RESOLUTION NO. 90-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD REQUESTING THAT THE AERIAL APPLICATION OF MALATHION INSECTICIDE BE SUSPENDED IN LOS ANGELES COUNTY WHEREAS, members of the Rosemead City Council recognize the importance of California's agricultural industry and the devastation that the Mediterranean Fruit Fly can bring; and WHEREAS, State Department of Food and Agriculture officials have administered the aerial spraying of Malathion insecticide over various parts of Los Angeles and Orange Counties in an attempt to eradicate the Medfly; and WHEREAS, a public concern has been expressed that there may be serious health and environmental considerations that have not been properly or adequately addressed regarding the repeated application of Malathion; and WHEREAS, there is a special concern regarding the short and long term health effects Malathion may have on small children; and WHEREAS, the members of the Rosemead City Council feel strongly that it is the responsibility of government to protect the public health, safety and welfare. NOW, THEREFORE, be it resolved by the City Council of the City of Rosemead as follows: Section 1. Members of the Rosemead City Council hereby formally request the State of California to suspend all aerial Malathion applications until independent and reliable analysis have conclusively shown that Malathion is not hazardous to the health of humans or to the environment generally. Section 2. Members of the City Council hereby urge the State of California to vigorously seek: alternatives to aerial Malathion spraying and implement these alternatives to protect the State's important agricultural industry. Section 3. State and County officials are urged to institute a comprehensive public education program regarding the Mediterranean Fruit Fly, its eradication and insecticidesin order to increase the public understanding of all related issues. Section 4. The City Clerk is hereby directed to provide certified copies of this Resolution to Governor George Deukmejian, United States Senators Alan Cranston and Pete Wilson, Congressman Matthew Martinez, Assemblywoman Sally Tanner, the League of California Cities, and the California Contract Cities Association. Section 5. The Mayor, or presiding officer, is hereby directed to affix his signature to this Resolution signifying its adoption by the City Council of the City of Rosemead, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. PASSED, APPROVED AND ADOPTED this i-lthVd �� y of Feb uary, 1990. MAYOR I hereby certify that the foregoing' Resolution No. 50-12 Z�TT ST: was duly and .regularly adopted by the 'City Council of the City of Rosemead at a regular meeting thereof held on the ��L2<- ✓ 13th day of February, 1990, by the following vote: -'&TTY CLERK Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None £1TY CLERK State of California ) County of Los Angeles ) SS City of Rosemead ) I hereby certify that the foregoing instrument is a full, true and correct copy of the original on file in this office. In witness whereof, I have hereunto set my hand and affixed the seal of the City of Rosemead, this 2f, day of 1990. qty Clerk E.41.8 RESOLUTION OF THE SAN GABRIEL VALLEY ASSOCIATION OF CITIES CALLING FOR A HALT TO MALATHION SPRAYING PENDING MEDICAL REVIEW WHEREAS, a special meeting of the San Gabriel Va.1ley Association of Cities was held on February 8, 1990 to gather information about the rationale for malathion spraying to eradicate the med€ly and WHEREAS testimony presented at that meeting indicated that there is uncertainly among the medical community as to the safety of malathion spraying and 1; tt r, WHEREAS malathion spraying should not continue dntl31�. these risks have been identified and assessed by qualified personnel, NOW, THEREFORE, BE IT RESOLVED THAT the San Gabriel Valley Association of Cities calls for an immediate and indefinite halt to malathion sraying pending the outcome of a comprehensive medical review by an independent panel of physicians -currently being organized by the Los Angeles County Medical Association, and J BE IT FURTHER RESOLVED that the SGVAC urges its member cities to formally oppose the spraying and to make their opposition known to Governor Deukmejian and their State representatives. PASSED this 15th day of February, 1990. PRESIDENT, San Gabriel 11a.11ey Association of Cities N CONTACT: Karin Caves 916/445-4956 FOR IMMEDIATE RELEASE February 28, 1990 ASSEMBLYMAN TERRY FRIEDMAN PROPOSES HOLDING HOSTAGE DEPARTMENT F FOOD AND AG'S PESTICIDE BUDGET IN AN EFFORT TO STOP MEDFLY ERADICATION PROGRAM Assemblyman Terry Friedman, D -Los Angeles, today proposed holding hostage the state Department of Food and Agriculture's Pesticide Registration Budget in an effort to pressure the department into stopping the medfly eradication program of aerial spraying in Southern California. Under Friedman's proposal, no new pesticides could be registered in California by the Department until the following changes took place: - the Department stops its medfly eradication program and immediately moves to more "human -friendly" control programs; - the Department commits to a significant expansion of biological pest control programs; and - the Department reorganizes its Medfly Science Advisory Panel to include equal representation from scientific experts on biological control. "By holding the pesticide budget hostage, we hope to pressure the department into changing its pest control approach to something that is human -friendly and environmentally sensitive," said Friedman. "Before we register any new pesticides we want to see a major shift toward biological control." -MORE- State Capitol District Office P.O. Box 942849 14144 Ventura Blvd, No. 100 Sacramento, CA 94249-0001 Sherman Oaks, CA 91423 (916)445-4056 (818) 501-8991 2-2-2 "The Department has starved alternative pest control programs, spending over $30 million on pesticide regulation and research every year and less than 3% of that amount ($800,000) on biocontrol methods. While serious health questions persist, the Department's long-term bias toward pesticides is a key reason why they aren't offering any alternatives to this drastic aerial spraying program. The state has had repeated medfly infestations during the past decade giving the Department plenty of warning, yet they have refused to invest practically anything to develop alternatives to spraying pesticides in populated areas." The Governor's budget for next year proposes $38 million for pesticide regulation and research, but devotes only $811,000 for biological pest control, and approximately $720,000 to research on integrated pest management, in a pesticide -biased funding pattern that has persisted for at least the past five years. The 5 -member scientific panel, which has recommended the current aerial spraying, does not include a single entomologist whose primary research focus is biological methods of pest control. Friedman also proposed that the Legislature contract to do an independent economic study showing the true costs if the medfly were to become established in California. Friedman is a member of the key Assembly budget committee, Ways and Means, and is chairman of the Ways and Means Subcommittee on Health and Human Services which held a public hearing today in Van Nuys to explore the medfly eradication program versus implementing a control strategy, whether the state should shift funding from eradication to other strategies, and why there is a 3-3-3 The hearing topics included: * Can the medfly be eradicated? * How much will the medfly cost growers if it becomes established? * How much does California spend on alternatives to pesticide use? Should we spend more? Hearing participants included: * .Assemblyman Terry Friedman * E. Phillip LaVeen, Ph.D., Consulting agricultural economist * Darwin Hall, Ph.D., Professor of Economics, CSU, Long Beach * Isi Siddiqui, Ph.D., Assistant Director, State Department of Food and Agriculture * Robert Luck, Ph.D., Department of Entomology, UC Riverside * Kenneth Hagen, Ph.D., Biological Control Dvision, UC Berkeley * John Ratzenberger, actor, "Cheers" * David Bunn, Pesticide Watch, CAL -PIRG * Legislative Analyst, California Legislature -END- KC:5:90 State of California Department of Food and Agriculture ? ��.-- 1220 N Street, Room A-474 �' ; Sacramento, CA 95814 Magee Associate MAR 1- 1090 Assss ocici ate Director (9Ifi) 322-6375 CONCERNING THE POSSIBLE HUMAN Hr:&uin nat RDS AW OFI'FS F SBSAN CNAPKIS OF APPLYING FLY BAIT CONTAINING 2.4 OUNCES OF MALATHION PER ACRE OVER POPULATED AREAS by California Department of Health Services and California Department of Food and Agriculture HS -826 (December 16, 1980) SUMMARY An assessment has been made of the health risks associated with the pro- posed aerial application of malathion in Santa Clara County using all available sources of information. Malathion's low level of acute toxicity precludes the possibility of acute toxic effects from the amounts to be applied (2.4 ounces per acre) unless unforeseen accidents occur or high levels of impurities are present in the spray mixture. Animal studies and short term in vitro tests have shown no results that meet the criteria for evidence of mutagenesis or mammalian teratogenesis. A standard National Cancer Institute bioassay was reported as negative for carcinogenesis. This interpretation has been called into question in an uncorroborated report by a single investigator. Taking the premise that malathion may be carcinogenic and using conserva- tive, (i.e., health -biased) assumptions and extreme "worst-case" examples the risk of cancer from the malathion applications in the exposed Santa Clara County population has been estimated and found to be insignificant. The greatest health risk may come from the large, low-flying planes and the possibility of a crash in an urban area. The degree of public concern over possible effects of the aerial spraying program is a major factor in the situation. The people of Santa Clara County should be fully informed and arrangements made to answer their questions. RECOK,IENDATIONS 1. Maximum effort should be made to inform the public of the details of the operation and to invite and answer questions. This should include the development of a careful risk/benefit evaluation with input from appropriate authorities in both health and environmental protection. 2. The public should be kept informed by widespread use of the media concerning the times of aerial application and the use of appropriate precautions including the protection of fish ponds, domestic bees and automobiles as well as the avoidance of unnecessary human exposure. 3. The spray material should be tested before each day of application for the amount of iso -malathion present. An allowable limit for the concentration of this impurity should be established in advance and the justification for such a limit made public. -2- 4. 2- 4. The amount of maioxon developing in 12 - 24 hours in the material reaching the ground should be monitored. 5. The droplet size should be monitored. The plan for such monitoring should be developed and made public before the application. 6. An assessment should be made of the possible risk of a plane accident using data from previous projects of this type. Steps taken to pre- vent such an accident should be made public. Emergency plans should be developed and made public for dealing with such an accident should It occur. BACKGROUND As part of a project to eradicate the Mediterranean fruit fly which ap- peared in Santa Clara County in June 1980, the United States Department of Agriculture is proposing the aerial application of malathion over an urban area of 115.25 square miles (73,760 acres) including all or parts of the cities of San Jose, Santa Clara,Campbell, Los Gatos, Los Altos, Palo Alto, Mountain View, Monte Sereno, Sunnyvale, Cupertino and Saratoga. Six applications are planned at 7 to 10 day intervals using four DC -6 planes flying at altitudes below 500 feet. The malathion will be mixed with a protein bait (to attract the adult fruit flies) and applied at a rate of 2.4 ounces of malathion mixed with 9.6 ounces of liquid protein bait per acre. The droplet size will be large (mean diameter 600 microns, about 1/32 of an inch) so that the material will tend to fall directly downward and drift will be minimal. Because of the obvious public concern and anxiety about possible adverse health effects of such an area -wide involuntary exposure to a pesticide the Department of Health Services has performed this evaluation of the potential health hazard, drawing on the expertise of the Pesticide Unit and the Hazard Evaluation System and Information Service in the Epidemio- logical Studies Section and their computerized access to all major systems of published medical and toxicological data. In addition consultations have been held with scientists from the University of California, the En- vironmental Protection Agency, the California Department of Food and Agri- culture, Citizens for a Better Environment and the John Muir Institute. -3 - ACUTE EFFECTS Malathion has a low acute toxicity. Its oral LD50 is 1,000 to 2,600 mg/kg depending on the purity of the technical grade material. The figure for dermal LDI is five times higher; i.e., one-fifth as toxic. Malathion Is the least oxic of the organophosphate pesticides. Orally it is about 1/25th as toxic as DDVP, the material used In flea collars for dogs and cats. With dermal exposure the ratio is about 1/65. In addition, mala- thion is not a persistent pesticide. It degrades and disappears rela- tively rapidly after application, with a half-life of less than two days. Since the amount applied will be 1.6 mg per square foot it is virtually impossible for any acute toxic effects to occur (see Appendix for exposure calculations). An average size adult would have to ingest almost the en- tire amount applied to an acre to receive a potentially lethal dose. Certain factors may operate to increase the possibility of acute toxic effects. Impurities such as isomalathion may form during storage of the pesticide. This compound is more toxic (1) and has caused problems in other countries using products manufactured abroad. (2) It is important that the malathion being used be analyzed before each application to test for the presence of this impurity. Another concern in relation to acute toxicity is maloxon, a breakdown product of malathion which is considerably more toxic. Information from pesticide residue chemists at the University of California at Riverside (3) y indicates that insignificant amounts of this material would be present especially in relatively cool months, but we recommend that the area be monitored in order to be certain. --� Malathion has been used extensively for over 30 years and is the most widely applied home garden Insecticide. It has been applied by air in previous Mediterranean fruit fly eradication programs in Florida (1956) and in Texas (1962 and 1966) using much higher doses or application rates than proposed for Santa Clara County. No adverse health effects were noted in these applications. (4) Malathion is also frequently used in area -wide applications for mosquito control. In 1954 a detailed study was performed by this Department on men applying malathion by ground fog- ging equipment over a two-week period. (5) No toxic effects were noted. Small children and people with various types of illness are more suscep- tible to the toxic effectbs of organophosphate pesticides than the general population. The levels of exposure that will be encountered in this pro- jected program, however, wi1i not be sufficient to cause any acute toxic symptoms. Nor is it likely that any sensitivity or allergic reaction could occur at these very low exposure levels. Perhaps the greatest likelihood of acute health effects lies in the pos- sibility of a plane crash or spill. Data on the occurrence of such acci- dents should be obtained and made public by the United States Dep artment Of Agriculture as well as information on the steps being taken to prevent them and emergency procedures established to handle them in case they occur. CHRONIC EFFECTS le 1. Subtle reproductive effects in animals such as adverse but 66) but ar effects on sperm production are reported in the literature L6) but are inconceivable in the human population who even with worst possible case assumptions will be receiving doses that are hundreds to thousands of times lower than those given to the test animals. 2. Teratogenic effects from malathion have not been shown to occur in mammals. Two separate to �s 6L) rats failed to demonstrate any evi- dence of teratogenicity. r 8 Studies in which malathion was ap- plied directly to chick embryos have shown developmental defects (13) but such studies are no longer considered to have any clear relation- ship to teratogenesis in mammals. 3. Malathion has been tested for its ability to cause gene mutation in eight studies using bacteria or yeast cells. All eight studies yielded negative results. Recently tests have been performed in two systems which do not directly measure mutagenicity but rather are indirect indications of the poten- tial to cause this effect. One is a system of human fibroblasts exam- ined for the frequency of sister -chromatid exchange. (9) Another is a system using colicinogenic plasmid E1 to detect in vitro damage to DNA. (10) The results of these tests, while suggestive, do not meet the criteria for positive evidence of mutagenicity. 4. The carcinogenicity of malathion was tested in a standard National Cancer Institute bioassay. (11) The results were interpreted as show- ing no evidence for an association between the administration of mala- thion and an increased evidence of tumors in rats and mice of either sex. Subsequent re -analysis of the histological slides led another pathol- ogist to conclude that malathion was carcinogenic in rats of both sexes and caused an increase in the incidence of liver tumors in male mice. The report of this re -analysis has not been published or subjected to scientific review. (12) -5- ASSESSMENT 5- ASSESSMENT OF CARCINOGENIC RISK The risk of carcinogenesis has been estimated, accepting the unproved premise that malathion may be a carcinogen and using other conservative (health -biased) assumptions and some extreme "worst-case" examples in- volving a 10 kg (22 pound) child exposed without clothes for all six appli- cations to the amount of malathion settling on six square feet of.ground (see Appendix for calculations of exposure and risk). In the event that all these assumptions and examples are valid the malathion exposure would increase such a child's likelihood of developing cancer by about one chance in a million. Using the same assumptions but more realistic es- timates of exposure to individuals wearing clothing usually worn in Santa Clara County in the winter, the estimated risk is reduced to perhaps one in a billion. This risk estimate should be considered in relation to the fact that currently 20 to 25 percent of deaths are caused by cancer. CONCLUSION There is no significant health risk involved in the proposed aerial appli- cation of malathion in Santa Clara County. Recommendations have been made to help insure public safety and to address the public concerns. APPENDIX I. Review of Genetic Toxciology of Malathion A. Mutagenicity Summary: Malathion was recently tested in two system which do not directly measure mutagenicity, but rather are indirect indications of the potential to cause this affect. Eight earlier studies directly investigating the ability to cause gene mutation in either bacteria or yeast were all negative. Thus, malathion has not been demonstrated to be mutagenic at this time. ------------------------------------ Malathion was tested in an in vitro system of human fibroblasts to determine its ability to increase the frequency of sister -chromatic exchange (9). The claim that malathion induces sister -chromatid exchange (SCE) in culture human cells appears unfounded, at least using the criteria to evaluate the acceptability of positive results from SCE experiments developed by reviewers for the Gene-Tox program of EPA (14). The standard criteria developed for the determination of a positive result consists of either: 1. a doubling of SCE's over the tested dose range; or 2. two dose points of a dose response curve significantly different from the control point. A difficulty in this study of malathion is that the positive control substance, EMS, did not give a response by these criteria, and thus cast doubt on the validity of the positive findings with malathion. The authors' statment that the effect of malathion was comparable to A-2 that of EMS (a known standard mutagen) on a molar basis has little significance when viewed in this light. Malathion may cause in- creased frequencies of SCE in cultured human cells, but such an effect is not adequately demonstrated by this study. Malathion was tested in a sensitive system using the colicinogenic plasmid E1 which is designed to detect in vitro damage to DNA (10). The advantage of this system is that there is no DNA repair systems present to mask any apparent DNA damage. Covalently closed circular DNA after suffering single -strand breaks sedimenta at distinctly different sedimentation rates in an alkaline sucrose density gradient. Malathion was incubated for an unspecified number of weeks in the system at 1 mg/ml (0.3mm) in a hexane solution and produced about 0.1 DNA breaks/week or 0.4 breaks/week/mmole. on a millimolar basis, it is about as effective in this system as EMS, MMS, and MNNG which are standard mutagens. However, as the authors note, the significance of these results is limited because: 1. Single -strand breaks in purified covalently closed circular DNA do not demonstrate the mutagenicity or carinogenicity of a compound; they demonstrate that the compound may cause damage to DNA. 2. The effect of the compound in an in vitro system does not mean that it will cause damage to mammalian DNA in vivo. it is possible however, that a compound causing a positive response in such a system may also cause damage to DNA in vivo, and further t iI short-term tests for mutagenicity should be undertaken to Investi- � �.� I gate this general possibility. A-3 As stated however, tests for the mutagenicity of malsth£on were not positive in eight other assay systems; Salmonella/microsome; B. subtilis rec essay; E. coli assay for mutation at the loci for stretomycin resistance, galatose synthesis, or 5 -methyl tryptophan resistance; and yeast assay for mitotic gene conversion. Malathion is thus unlike the standard mutagens EMS, Hm , and M"G, which are positive in most of these test systems. Since most of these test systems involve bacteria„ it would be useful to test the compound in a standard battery of short-term tests involving other test organisms and teat systems (chromosceae aberrations; unscheduled DNA symthesis; cell transformation; mutations in vivo). While the t results from the above mentioned study of sister -chromatid exchange in cultured human calls (4) is suggestive in this regard, but con- firmatory studies are required before any conclusions can be made concerning mutagenicity. A-4 B. Teratogenicity Summary: In two separate testa in rate, malathion has not been demonstrated to have teratogenic effects. Malathion caused teratogenic effects in chick embryos which were overcome by the simultaneous administration of nicotinamide. The relation of this result to potential mammalian teratogenicity, particularly given the lack of teratogenic effect of malathion in standard rodent teats for teratogenicity, remains doubtful. ------------------------------------------- Two studies of putative teratogenicity of malathion in rats were without clear positive results. In an early study, malathion was given to rata at 240 mg/kg without having detectable terato- genic effect (7). In a more recent study at higher done levels, malathion was given to rats by gavage at 300 mg/kg in single daily doses from days 6 to 15 of gestation (8) term pregnancies were examined by caesarean section and fetuses were analyzed for visceral and skeletal abnormalities. No irregularities were observed, and survival and growth also appeared normal. In studies with chick embryos, injection of malathion into the yolk sac at day 0 to 5 of incubation produced developmental defects (abnormal beak, reduced body size, retarded down development, and wryneck) (13). It should be noted that twenty other organo - phosphorous insecticides produced similar developmental effects. j Such effects are mostly reversed when malathion is supplemental by nicotinic acid or nicotinamide. What relation this has to potential for mammalian teratogenicity is not clear at this time_ A-5 C. Carcino&eicity Smeary; In a standard National Cancer Institute bioessay there was no clear evidence for an association between the administration of malathion and the increase in incidence of tumors in rate and mice of either sex. Subsequent re-analysia of the histological sections led another NCI pathologist to conclude that malathion was carcino- genic in rate of both sexes and caused an increase in the incidence of liver neoplasms in male mice. In a standard NCI bioassay (11), malathion was administered in the diet to groups of Osborne -Mendel rate and B6C3F1 mice of both sexes (50 animals of each sex and species) for 80 weeks. The rata were then observed for an additional 33 weeks, and the mice were observed for an additional 15 weeks. Daily doses to mice were approximately 625 mg/kg and 1350 mg/kg when averaged over a lifetime; for rats, the average daily dose over a lifetime was about 200 and 400 mg/kg. Two seta of control animals of each species and sax vera used. For rate, matched control groups contained 15 non -dosed animals of each sex; pooled control groups combined the matched controls with 40 untreated controls from bioassays of four other chemicals. For mice, matched controls contained 10 mice of each sex; pooled controls. combined the matched control group with 40 untreated animals from bioassays of four other test chemicals. There were no significant excess tumor incidences at any site for male rats. In female rata, follicular -cell carcinoma or follicular - cell adenoma of the thyroid gland had a significantly positive dose- related trend statistic when compared to the pooled controls (pooled A-6 control 0/46; low does 0/48; high does 4/40). However, the high dose group did not @how a statistically significant difference from controls by the Fisher. exact test. The spontaneous tumor incidence of these thyroid tumors in the test laboratory was about 27. (6/261). Thus, the thyroid tumors in rats did not clearly indicate a car- cinogenic effect of malathion. There were no significant excess tumor incidences reported for female mice. In male mice, the increases in liver neoplasms (hepato- cellular carcinoma and neoplastic nodules) showed a significant dose-related trend statistic when compared to either the matched or pooled control groups. Neither of the dose groups, however, were significantly different from the control groups by the Fisher exact test. After crude time -adjustments were made to eliminate male mice that died of non -cancer causes during the first year of the study, the incidences of liver neoplasms were as follows: matched controls 2/9 (227.); pooled controls 8/48 (177.); low-doae 7/47(15%); and high - dose 17/49 (35%). There is a 19% spontaneous incidence of these liver neoplasms among 285 historical control male mice of this strain at this test laboratory. A thorough time -to -tumor analysis of the liver hepatocellular carcinoma data for male mice revealed a result that has only marginal statistical significance (15). Based on the pathology analysis conducted in this study, there is limited evidence for the association of increased Liver tumor incidence in male mice with the administration of malathion. A clearer association might have been demonstrated had the original experimental design called for a larger number of control animals. A-7 A subsequent re-analysia of the histological sections from the NCI ^ti bioassay by another NCI pathologist led to the conclusion that i malathion was carcinogenic to rats of both sexes and caused an increase in liver tumors in male mice (12). In male rats, where all i sites were combined, significant increases in benign and malignant i neoplasms were reported. Carcinomas in all sites combined were also significant. In female rate, for all sites combined, malignant neoplasms, particularly carcinomas, were also increased. More specifically, there were significant increases in carcinomas in male rats for endocrine glands, for pituitary gland, and for thyroid gland. For female rats, there were increases in carcinoma of the endocrine glands combined. It is difficult to interpret the significance of these findings be- cause' 1. "all sites combined" is generally not accepted as evidence of a carcinogenic effect; 2. Specific descriptions of tumor types (e.g. follicular -cell adenoma or C -cell adenoma) were not given; 3. The findings have not been subjected to peer review or published. Combining incidences from tumors -which origninate in different cell- `` t^ types generally does not follow NCI protocol in evaluating t,e car - I\ . cinogenic effect of a chemical. Significantly elevated incidence of neoplasms originating from specified cell -type is required to demon- atrate carcinogenicity. Given the nature of this analysis, our assessment for risk of cancer A-8 in humans from exposures to malathion are based on the data for liver hepatocellular carcinomas and neoplastic nodules in male mice as reported in the original NCI study. If the data presented in the reanalysis of the study in mice ;were used, the calculated risk of cancer would change by less than an order of magnitude (about 3 -fold increase in risk). If the data for rats are used, in the risk estimate fiom the reanalysis of the NCI study, the calculated risks of cancer would increase by an additional factor of 3. A-9 II. Carcinogenesis Risk Assessment This assessment of risk of cancer for humans from exposure■ to malathion anticipated from repeated aerial applications in Santa Clara County is based on animal cancer bioassay data as originally reported for the NCI rodent bioassay on malathion. Specifically, the risk calculation is based on the increased incidence of liver hapatocellular carcinomas and neoplastic nodules in male mice as compared to the pooled control animals. The estimate of risk is conservative (health -biased) from several per- spectives: 1. It is based on rodent bioassay data in Which the cancer incidence from the most reponsive tissue, from the most sensitive sex and species of test animal is used; (liver tissue male mice); 2. Liver neoplastic nodules are presumed to progress to liver hepatocellular carcinomas; 3. Benign tumors in the liver are combined with liver car- cinomas for the estimate of cancer risk (neoplastic nodules and hepatocellular carcinomas); 4. The incidence of these liver neoplasms in the pooled con- trol animals is taken as representative of the spontaneous incidence of these tumors among historical controls; 5. The risk cancer to humans is estimated from animal data under the assumption that rod a nt and humans are equally sensitive: the dose equivalence of mg/kg/day for a life- time is used; A-11 Calculation: 1. Aerial application rate - 2.4 oz/acre 2.4 cz/43,460 ft2 - 1.6 mg/ft2; (1 oz - 28.34 gm) 2. For child exposed to a dose which covers 6 ft2, 1.6 mg x 6 - 9.6 mg/ application; 3. For 6 applications, 6 x 9.6 mg/ application . 57.6 mg total dose; 4. Assume child weighs 10 kg (22 lb); 5. Assume child is exposed to entire dose from 6 application covering 6 ft2 (57.6 mg), and that dermal absorption of applied dose is 10%; thus, absorbed dose is 5.8 61; 6. The total cumulative lifetime dose of malathion to child is therefore 5.8 mg, or.0.6 mg/kg for a 10 kg child; 7. Assume human lifetime is 70 years - 70 years x 365 days/ year - 25,550 days; B. The daily doe to the child, averaged over a lifetime, in 0.6 gm/kg/25,550 days - 2.4 x 10-5 mg/kg/day; 9. The combined liver tumor incidence in male mice are as follows: Liver hepatocellular carcinomas and neo - dose group dose level plastic nodules incidence Z matched control 2 10 20 pooled control 8/49 19 low dose 8,000 ppm 7148 15 high dose 16,000 ppm 17149 35 10. Thus, the high dose caused tumors in approximately 20% of the animals that otherwise mould have been tumor free (17i498) a 9149 207.; A-12 11. The daily dose administered to the high does male mice averaged over the experiment time is approximately 1350 mg/ kg/day. This assumes that the B6C3F1 mouse eats 10% of its weight per day (see NCI data on dietary intake for B6C3F1 as given in the Report of the Rodent Bioassay on Trichloroethylene, 1978) and the average dose is calculated over the 95 week experiment itme; 12. Thus, 1.350 x 103 mg/kg/day - 2 x 10-1 (20%) risk of cancer in animals; 13. Risk of cancer in humans estimated from animal data: From male mice data on liver tumors and hypothetical dome to infanta: Risk of cancer - (2.4.x 10_5). C2 x 10-) a 3.6 x 10-9 risk of 1.35 x 10 3) cancer 14. Using surface area instead of weight, a more conservative method of relating human to rodent doses, involves a 10 fold increase in risk - 3.6 x 10-8- Thus, 0-8-Thus, using these assumptions in a populationsof 106 exposed people, we would not expect any cancers to result from these applications; 15. -More conservative estimates of dose could use additional assumptions: a) synergy occurs (x 10); b) assume significant increases in thyroid tumor incidences occurred -in rate (rat doses were about 1/3 the dose levels used with mice). A-13 16. Using assumptions 15. a) +b), the risk is 30 times larger, or 1.08 x 10-6 17. The risk therefore, using all the most conservative assumptions and an extreme worst case example is one in a million that the exposed child would develop cancer as a result of its exposire to malathion. 1. Aldridge, W.N., Miles, J.W., Mount, D.L., Verschople, R.D.; The toxicologicol properties of impurities in Malathion. Arch. Toxicol. 42, 95-1o6, 1979. 2. Baker, E.L., Jr. et al; Epidermic malathion poisoning in Pakistan malaria workers. The Lancet. January 7, 1978, pp 31-34- 3. Iwata, Y., Univ. of California at Riverside; Personal communication. 1980. 4. Steiner, L.F., Rohwer, G.G., Ayers, E.L., Christenson, L.D.; The role of attractants in the recent Mediterranean fruit fly eradication program in Florida. Econom. Eutomol. ;, 30-35, 1961. 5. Culver, D., Caplan, P., Batchelor, G.S.; Studies of human exposure during aerosol application of Malathion and chlorthion. Arch. Indust. Health, 37-50, 1965. 6. Krause, W., Hamm, K., Weissmueller, J.; Damage to a spermatogeneasis in juvenile.rats treated with DDVP and Malathion. Bull. Envir. Contsm. Toxicol. j2, 458-62, 1976. 7. Kalow, W. and Marton, A.; Second -generation toxicity of malathion in rats. Nature 192: 464-465, 1961. 8. Khera, K.S.; Whalen, C., and Trivett, G.; Teratogenicity studies on linuron malathion, and methoxychlor in rats. Toxicol, Appl. Phaarm. 45: 435-444, 1978. 9. Nicholas, Ann H.; Induction of Sister -Chromatid Exchanges in Cultured Human Cells By An Organophosphorous Insecticide: Malathion; Mutation Research, 67 (1979), 167-172. 10. Griffin III, Darrell E., Hill, Walter E.; In Vitro Breakage of Plasmid DNA By Mutagens and Pesticides; Mutation, Research, 52 (1978), 161-,169. 11. National Cancer Institute; Bioassay of malathion for possible carcinogenicity. 1979. 12. Reuber, M.D., Carcinogenicity of Malathion; unpublished report, 1980. 13. Proctor, N.H. and Casida►, J.E.; Organophosphorua and Methyl Carbamate Insecticide Teratogenesis: Diminished NAD in Chicken F.mbryae; Science 190; 1975, 580--582. 14. Dr. Anthony Carrano, Lawrence Livermore Laboratory, personal communication. 15. Hooper, N.K. and Ames, R.H., unpublished data. HEALTH HAZARD EVALUATION OF PROPOSED MALATHION BAIT APPLICATIONS IN CONJUNCTION WITH THE MEDITERRANEAN FRUIT FLY INFESTATION IN SANTA CLARA AND THE SURROUNDING REGION By Worker Health and Safety Unit California Department of Food and Agriculture A proposal has been made to disperse a malathion bait mix by air over the heavily populated region south of San Francisco. The core area is centered near the cities of Santa Clara and San Jose. The purpose of this applica- tion is to reduce the current population of the Mediterranean fruit fly so that the number of sterilized male flies available for introduction into that environment will be able to adequately affect the reproduction of the wild population, hopefully leading to eventual elimination of this most des- tructive agricultural pest. The proposed rate of application is 2.4 oz. of active ingredient (malathion) per acre mixed with 9.6 oz. of liquid protein bait. The size of each droplet of bait containing malathion will be in the range of 800 microns in diameter (approximately .03 inches). The affected area would be treated six times at intervals of approximately seven to ten days apart. Because the involved area is heavily populated, a public health risk assessment was requested. An extensive literature review was undertaken by the Worker Health and Safety Unit of the California Department of Food and Agriculture, searching for all available information concerning any impact of malathion on living systems. More than 700 individual articles were identified for review. In addition to the literature search, contacts were made with individuals in the Federal Environmental Protection Agency, the Center for Disease Control (CDC) in Atlanta, Georgia, and the California Department of Health Services. Indirect comments were received from the John Muir society, the Sierra Club, and the Citizens for a Setter Environment. After careful review and analysis of all available information, no public health hazard risk was identified in asso- ciation with the proposed bait application program as submitted. Based on numerous evaluations of malathion, a relatively large dose is required to induce any symptoms of intoxication in either humans or test animals. Thus, as an immediate threat to health, the amount of malathion to be dispersed poses virtually no toxic hazard to individuals who might be exposed to the material. Individuals ingesting large amounts of malathion, usually in suicide attempts, are not successful in self-destruction in nearly 80 percent of the reported cases. Individuals treated successfully after large ingestions of malathion show no evidence of prolonged or irreversible effects. Complete recovery follows the immediate posttreatment period. No cases of subtle malathion poisoning resulting from incidental exposure to amounts of malathion as would result from the proposed aerial application program were discovered. A number of questions have been posed by various individuals concerned about the proposed application program regarding the potential for long-term or irreversible effects developing as a consequence of exposure to malathion. Studies have been cited and implications presented that irreversible or chronic health effects might be possible on the basis of isolated laboratory observa- tions. When these individual observations are considered along with the sizable amount of information available relative to the effects of long term administration of malathion in test animals, there is no scientifically valid evidence to imply that any chronic or irreversible health effects are asso- ciated with either long-term or acute administration of malathion to any mammalian species. Investigators for the National Cancer Institute (NCI) concluded that neither malathion nor malaoxon, a possible metabolic breakdown product of malathion, is carcinogenic, based on studies completed in 1978 and 1979, wherein malathion or malaoxon was administered to mice and rats for their lifetime. An indepen- dent evaluation of these studies was conducted by an independent pathologist, Dr. Melvin Ruber.. ;Dr. Ruber reported finding more tissue abnormalities than �• the scientists who -'ha -1 conducted the studies. Independently of the peer group conducting the studies, Dr. Ruber released his conclusions that malathion was a carcinogen. Other scientists reviewing these same materials have not found 'j the same abnormalities which Dr. Ruber states he has found. This is not the first time that Dr. Ruber has declared a substance to be carcinogenic while the rest of the scientific community has been unable to confirm his observa- tions. Thus, the declaration of carcinogenicity by Dr. Ruber remains an unsupported independent opinion contrary to scientific peer review. It has been suggested that malathion poses a mutation threat in the form of chromosomal aberrations. This suggestion is made on the basis of observations in individuals involved in massive intoxication with malathion. Chromosomal aberrations are a normal finding in virtually all individuals. In the presence of acute intoxication with malathion, a slight increase in the number of cells showing some degree of aberration was observed. The changes that were seen were normal; only the frequency of observations was increased. In addition, these changes were temporary as part of the massive intoxication syndrome. This would indicate that these changes are most likely due to the severe stress placed on the system due to the presence of a significant biological insult rather than due to a specific chemical reaction. It has been suggested that malathion may have a teratogenic effect based on observations in developing egg embryo systems. Experience has indicated that abnormal embryonic development induced by injecting foreign substances into the eggs of oviparous animals has no correlation with teratogenesis, which is the production of physical defects in offspring in utero. Therefore, develop- mental aberrations in oviparous systems do not indicate a potential for terato- genic risk in mammalian systems. An additional study has been cited in which cardiovascular development was inhibited in developing Japanese rice fish -2- (Medaka) embryos. In reviewing the original article, it is clear that this effect was due to lethal cellular effects and not to an effect on the develop- mental process itself. This is a dose-related toxic response and is not a teratogenic observation. Another study has been cited to suggest that the testes may be affected by malathion administration. Juvenile rats subjected to high --dose malathion administration developed a temporary decrease in spermatogenic and Leydig cells. Complete recovery ensued once malathion administration was discontinued. Again, this is an acute intoxication syndrome without an indication of irreversible or chronic hazard potential. Finally, some concern has been expressed regarding the breakdown or metabolic products of malathion, one of these breakdown products is malaoxon. In terms of cholinesterase -inhibiting strength, malaoxon is more potent than the parent material malathion. Malaoxon, however, is not present in concentrations which would have any influence on the toxicity of malathion under the proposed condi- tions of malathion use. The toxic profile of malaoxon is essentially similar to that of malathion_ Its presence will be so minimal as to render any toxicological consideration totally academic. In addition to the above comments, other clinical observations have been reported in cases of attempted suicide which reveal that individuals recovering from massive intoxication with malathion show no evidence of prolonged or irreversible effects. Recovery is complete without sequelae. There is virtually no acute intoxication hazard to the public under the proposed use program. Pregnant women who have become intoxicated with malathion have had normal offspring. Animal studies with malathion have shown that there is no effect on fetal development or reproduction when malathion is administered during the most sensitive periods of reproductive development. Malathion has been used extensively in agriculture and in the public sector for more than 30 years. It is perhaps the most widespread home and garden insecticide in use today. It is used extensively in mosquito abatement programs as a public health measure, and no public health hazards have emerged as a result of this extensive use pattern.' In conclusion, an exhaustive review of the scientific and clinical literature relative to malathion reveals no information which would lead to any reasonable suspicion of a potential adverse public health impact under the proposed mala- thion use conditions- -3- , " - • = COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERV M , 313 NORTH FIGUEROA STREETs LOS ANGELES, CALIFT ORNIA 90012 s {213) 874- AR` 1990 lL4W nFFICES 13� Responses to Some Frequently Voiced Concerns - of SUSAN-CNAPBIS - About the Toxicology of Malathion in the Medfly Eradication Campaign Paul'J. Papanek, Jr. -' MD MpH December 15,, 1989.:. The Department of Health Services has received a great many inquiries in the last few months about the evidenee for the safety of malathion as used in the current medfly eradication campaign,. Many of these inquiries have to do with Possible long term health effects, such as cancer or adverse reproductive outcomes, or with the adequacy of health surveillance for allergic effects or other short-term health effects.! Many callers correctly point out;that malathion is an organophosphate one must cgnsider fhe imp insecticide, a class of compounds with potentially severe toxicity. However, ortant'concept-of chemical dosage in evaluating Possible health effects. Malathion canof course be dangerous and even lethal if swallowed in sufficient quantities. However, at the dose levels being used in the medfly eradication campaign it is unlikely that there will be any health effects whatever. .The amdunt of malathion being sprayed by helicopter is 2.8 ounces per acre or 2 milligrams per square foot. The malathion is mixed with corn syrup bait, and,is released from the helicopters in a fairly coarse spray which reaches the'ground within 15 to 30 minutes. Once on the ground, the dropletsdo not evaporate into the air to any significant extent, do not drift laterally, do not find their way indoors, and are broken down in the environment within about a week. Thus, the only - plausible route of exposure to malathion following the spraying is through ingestion of the droplets from the ground or other outdoor sprayed surfaces. Absorption through the skin is negligibly small. Even with very careless behavior in the days following aerial spraying, it seems all but impossible that anyone could ingest more than a few milligrams of the sprayed malathion. With reasonable care, ingestion would be a tiny fraction of this amount, The earliest observed health effects in humans following malathion exposure require a much higher dose. Nonetheless, the Department of Health Services recommends that it is prudent forlpersons in the spray area to take common sense steps to decrease their exFosures_to the spray' mixture to the extent Possible. Reasonable steps include washing;. off outdoor picnic tables or toys which might be mouthed by smalls ildren Many insects are more sensitive'to malathion than humans or other higher mammals, taking account of differences in body mass. This difference in susceptibility is approximately a' thousandfold, which accounts for the effectiveness of malathion as an insecticide under conditions which appear to pose essentially no threat to human health. Page 2 j During the past three years the Department of Health'Services has conducted an aggressive public outreach campaign to'citizens,'physicians, hospitals and emergency"rooms, emergency responders,'and in the last year to day care centers, schools, and veterinarians, advising them of our interest in identifying possible cases of illness which might be attributed to the spraying. This outreach campaign has produc-ed- literally hundreds or thousands - of telephone calls to our staff from concernedpersons before each spraying occurs. After each spraying, however, we receive very few phone calls. In the past three years our Department has had only one reported case from a medical care provider of an illness possibly related.to the malathion spraying. In that one case, the reporting physician documented an allergic skin reaction possibly due to malathion exposure. In the days following each spraying, we have also typically received two or three reports from citizens with transient allergic symptoms which might be related to malathion or corn syrup exposure. However, we havejseen no pattern of illness, and no cases of organophosphate poisoning. Ratesof any illness in the days and weeks following.the aerial applications; might possibly be attributed to malathion exposure therefore appear to be extremely low, or near zero despite our extensive outreach efforts. r Some callers have pointed out that malathion has been proved to be teratogenic embryn chi model. Two studies found __in_one. experimental animal model,- the -chick icks.._ . _This is truemut _ o that a few milligrams of malathion caused developmental abnormalities when injected directly into a developing chick embryo or yolk sac. Whether the chick embryo model,.a closed system which does not account for usual metabolic pathways, is an appropriate one for assessing human risk is doubtful.; In other studies of reproductive outcomes, malathion has not been shown to produce birth defects, unless the dose administered was so large that the health of the pregnant animal was affected. In studies using a lower dose of malathion, no specific adverse reproductive effects have been demonstrated, to our knowledge. Thus, the amounts of malathion being sprayed in the medfly eradication campaign appear to pose no risk to pregnant women or newborn babies, with a wide margin of safety. A careful study of adverse reproductive outcomes, I including low birth weights, miscarriages, and birth defects, was performed in the San Francisco Bay area in 1981 by the California Department .of Health Services. This study was reassuring, because it found no such effects despite the fact that the spray area encompassed three counties and the spraying was repeated as often as 6 to 15 times in some areas. The issue of malathion's.carcinogelnicity has been carefully reviewed by the Environmental Protection Agency (EPA), which has concluded that there is no evidence that malathion is carcinogenic from many animal studies. Furthermore, the California Department of Health Services, in reviewing this data, concluded that even if malathion were speculatively a carcinogen (which it does not appear to be), its carcinogenic potency would be so low that following aerial spraying the incremental lifetime cancer risk to any exposed individual would likely be less than one in one billion even using "worst case" assumptions. Of course, one can never conclude absolutely that a particular substance is not a carcinogen. One can only say that the carcinogenic potency of a substance, once evaluated, is so low that no Page 3 significant cancer risk can be detected or is likely, This is the case with malathion. In February, 1988, the EPA called7for further testing of'malathion and almost two hundred other pesticides in current use. This issue is an important one. The -EPA was careful to state very clearly that their --call for more research -on --- malathion and other pesticides should in no way be interpreted as a signal. that EPA views malathion's use in'such settings as the medfly eradication campaign as risky. In calling for additional studies, the EPA scrutinized newly formulated scientific criteria for pesticide evaluation, and determined that many pesticides did not meet; these newly formulated standards, standards which were not in effect previously. In the case of malathion, the agency concluded that more studies were required in two limited areas. However, some reasonably good research was already available to argue that malathion was not likely to fail these additional,r quired investigations. It is misleading,, as some have done, to compare malathion to substances which are known to be carcinogenic, such as radiation, or which are known to be persistent in the biosphere, suchas DDT or Agent Orange. It appears that malathion breaks down fairly quickly in the environment, within about a week of application. In surface runoff waters near sprayed areas, malathion -concentration s_ have _teaded_to_be extremel.j�_.low—_.In_.the_.human- body- following ingestion malathion is broken down within a day or two, although adverse effects on certain blood enzymes can persist for many weeks following a large dose, much greater than could be sustained as a result of aerial spraying. i Some residents have expressed concern that the medfly is becoming resistant to malathion because of the aerial spraying. Resistance in an insect population can occur only when the target insect population is not carried to extinction, as has happened in past eradication campaigns in California, However, it is theoretically possible that continued use of malathion or similar insecticides in other parts of the world, particularly in areas where the medfly is endemic, might induce malathion resistance in wild flies. It is also true that one should not apply malathion to an area where sterile medflies have been recently released, and in fact this is not done. When an infestation is first discovered, the infested area is sprayed with malathion. One to two weeks later, after the sprayed malathion has broken down in the environment, release of sterile medflies in the area is begun. From that point on, no' further malathion is applied in that area, in order to avoid jeopardizing the sterile medflies that have already been released to breed the wild flies out of existence. Finally, many individuals have raised important issues with regard to fairness and the rights of individuals. Some have argued that it is inherently unfair to spray one group of people in order to produce a benefit which applies to others. This is of course a very,di.fficult policy question, which is under constant reevaluation by the California Department of Food and Agriculture as the lead agency in the eradication campaign. Such policy quandaries notwithstanding, the Department of Health Services has no evidence at this time that the aerial application of malathion in the medfly eradication campaign poses a risk to the.public_health..... N A. Q. A. I COUNTY OF LOS A CELES • bERATMENT OF HEALTH SERVICES 313 NORTH FIGUEROA STREET • LOS ANGELES. CALIFORNIA 90012 • .{2131974 - TOXICS E,IDEMIOLOGY PROGRAM 2615 South Grand Avenue, 6th Floor Los'Angeles, CA 90007 (213)-744.323 QUESTIONS AND ANSWERS ABOUT MEDDny SPRAYING August 7, 1989 i How safe is the malathion being sprayed? Malathion is a commonly used home and garden insecticide. At the doses being used for the medfly eradication campaign, malathion is one of the safest pesticides available. In England, malathion is even used to treat head and body lice in children. Although it is dangerous -if swallowed or otherwise absorbed in large doses, it appears to have essentially no adverse health effects at very low doses. It has not been associated with cancer,jadverse reproductive outcomes, neurological diseases, or other chronic; health problems at these doses. Are there any health hazards from the spraying?' - -- There appears to be essentially no health hazard in the small amounts of malathion'being used - 2.4 ounces of the insecticide to 9.6 ounces of medfly-attracting bait per acre sprayed. At this low dose, even persons with particular health problems, such as pregnant women or people with allergies or other ailments,should have no health problems whatever. Q. What should I do during the ,time that aerial spraying is taking place? A. Stay indoors. However, evenifyou were outside, the health risk would be extremely low. Q. Should I close the windows at home while the helicopter is spraying the maiathion7 k A. There is no real need to do 'this, although some people may feel more comfortable doing so. The spray droplets fall to earth fairly quickly, usually within about 15 to 30 minutes, and there is very little lateral drift of the material. Furthermore, once the droplets are on the ground, they do not volatilize or give rise to:appreciable levels of malathion in the air. I Q. Is it possible to inhale the "spray"? i A. No. The mixture is applied as droplets generally too small to be seen until they reach the ground, but too large to be inhaled. It is not an aerosol -type spray. MEDFLY QUESTIONS AND ANSWERS Page ? of 3 N A. Q. A. Q. A. 9 What if the spray gets on clo hes or ricin?. If -it gets in your eves, them may be some term health effects. Eyes should bewashede'with rwater lfor aufewo long- e Skin and clothing also should be washed. Clothes accidentally.__ left outside on spray nights also should be washed before wearing. Soap or detergent rapidly inactivates malathion. Is the spray harmful to animals? s Pets and livestock that normally stay outdoors will not be harmed. However, malathion is toxic'to fish, and project'officials suggest covering fish ponds less.thanfthree feet deep during spraying. In that case, will malathion contaminate my swimming pool or spa? The concentration of malathion is not high enough to contaminate pools. Furthermore, the chemicals normally used to keepa algae -and bacteria also rapidly inactivate malahionaol or spa free o€ Will malathion damage my car? A. No. However, the corn syrup -protein bait can mar the high -luster finish on some vehicles if left in place for a long time. Residents in areas are advised to cover their cars or wash with water by the morning after the spraying. Q. Will',malathion damage toys orfurniture left outside? A. No. Although it is not necessary, same.persans may feel more comfortable washing or hosingidown toys'and furnittire'left outside during the spraying. It is important that residents not hose off trees and shrubs because this would',nullify the effect of the spray. Q. A. Q. A. Is it safe to eat fruit and vegetables growing in the garden? Yes.. Simply rinse well with water before eating. What if I accidentally swallow some malathion residue? i Once again the concentration of malathion is so 'small, harm is extremely unlikely. One would have to ingest the total amount spraved on at least a tenth of an acre to receivea dose large enough to cause even the fects earliest known ef. - w tEDFLY QUESTIONS AND ANSWERS Page 3 of 3 - Q• A. Q• A. s2 What happens if I eat fruit that contains medfly larvae? Nothing; they'll pass through your system. What happens if I eat a medfly? Nothing. i Has malathion been used in urban areas before? Yes. There have been several medfly eradication campaigns in Los Angeles over the past few years, each of which has resulted in essentially no detectable health effects, despite extensive outreach to citizens and health care providers, asking them to report any adverse effects. Malathion in higher doses has also been used in other states for medfly eradication campaigns, and in Northern California for repeated applications in the early 1080's, all without any detectable health problems. Why are they spraying malathion bait from helicopters?_ - Project leaders say this is!the most effective way to eradicate the medfly. The aerial spraying is then followed up with repeated releases of sterile medflies, to complete eradicate the infestation. i Why are the helicopters fl in a ?' P y t nig ht. g g There appears to be less public concern with night spraying, since fewer people are outdoors at night. Is the pattern of spraying and of droplets on the ground carefully controlled? A. Yes. For the spray to be effective there cannot be many large gaps in the area being spraved. There is careful quality control of the spraying to make sure that there is no drift or the material outside the intended spray area and to make sure that the application rate is very uniform. This insures thatno area receives a heavy dose while other areas go untreated. Q. How does malathion kill the medfllies? A. The malathion is mixed withja bait that attracts the medflies. They eat the bait and the malathion then kills them by interfering with an enzyme called acetyl cholinesterase which regulates nerve function. Of note, flies are about a thousand tunes more sensitive to the effects of malathion than humans, on aper body weight basis. I ANZWCAN 21ib aouxrrJsr,I . HC or He I Exposure to Aerial MalathionJi Applic1 print ation and the Oc -Congenital Anomalies and Low Sirthweighturrence of JL:DITH K. GRETHER. PHD. JOHN A. HARRIS, MD. MPH, RAYMOND NEUTRA, tbiD. DRPH. AND KENNETH W. KIZER. MD. MPH Abstract: The association between exposure to low dose maiathlon, after its aerial appficatton to 13.000 square miles in the San Francisco Bay area, and the occurrence of birth defects and low birthweight was examined using newborn hospital discharge data and vttal records. No biologically Plausible pattern of associatis on was found. Limitations in the data and analysis are discussed, n w Puhlir Health 1987: 77:1009-4010.) J Introduction From July 1981 through August1982. in an effort to M eradicate the Mediterranean Fruit Fly. the California Depart - men( of Food and Agriculture conducted aerial applications of the pesticide malathion, an organophosphate. Malathion was applied over more than 13,000 square miles. including several population centers adjacent to San Francisco Bav (Figure 11. Before the initiation of the program, the Califomla flepartment Of -Health -Setvlees ctiitcluded-ihaf--6ase1-ori"- animal studies, there would be no important human health risks associated with this low dosage application.' Never: thelcss, there was considerable public apprehension about. the program. This investigation examined the relation between low - dosage aerial malathion exposure and the prevalence at birth Of congenital anomalies and low birthwelght. The analyses were limited to live births from mothers residing in treated zip codes of Alameda. San Mateo. and Santa Clara counties. .Netitnds Aerial treatment data were provided by the Californial Department of Food and Agriculture and were used to' determine monthly exposure "scores" for each treated zip' code. Scores were computed by multiplying the number of applications per month for each zip code by the estimated proportion of the residences of the zip code that received the malathion treatment. Data on congenital anomalies were obtained from all 1981 and 1982 newborn hospital discharges with zip code', of residence in the treated areas. lnternational Classification of Disease congenital anomaly codes (740.0-759.9) were includ. i ed at the four -digit level (total = 152).-' In addition, s embryologically related groupings of diagnoses were inve5ix- 1 tlgated. For the birthweight analysis, a birth certificatc data file 11 was used that included all 1982 births to residents of the sprayed areas. For the analvsls of congenital anomalies. a first trimester 90 -day vulnerability period was calculated counting back- 1-rom the Enidemioiocicai Stutite, and Surveillance Section. California Deriartment of Health service,. Address renrini request, to Judith K Grether. PhD. California birth Defects !slomtonne Program. Denanmem tit Hcalth "'i stare of Calttorma- 2151 Eerkeiev W.%,, Herkeiev. CA 44704 Thi, rarer, sgbmitied In the Journai April 75. t`016 -as rcvtseu Punli[ation Fenniury 19. 1997 -0 aecepietJ for 1997 Amencan Journal of Public lieahh li1i<91.-1n36197S1.5R AiPH August 1987, Vol. 77, No. a wards from the date of birth. For term births. a nine-month gestation period was assumed. Six-month and eight-month gestation periods were assumed for births with discharge diagnoses of "extreme immaturity" and "other preterm," respectively. For all births, an exposure score for the three-month period was then assigned on the basis of month and zip code of birth. Use of these procedures resulted in an exposed cohort of 22.465 binhs for 1982. These births were compared Separate- ly to the 1982 unexposed births IN = 17,050) and to 1981 unexposed births IN = 37.854). It was predicted that any important association of rtlalathion exposure with the occur- rence of congenital anomalies would be revealed in hath of these comparisons. For the birthweight analysis, attention was focused on the entire gestation period because of the difficulty of iden- tifying a spcctfic period of vulnerability. Counting backwards from the date of birth. nine months of vulnerability were assumed_ for alt births, an asstlmPtioge n -that would exagrate. the potential for exposure to malathion far births of shorter gestation. Use of these procedures resulted in an 198 exposed cohort of 24.987 births and a 1982 unexposed cohort of 15.278 births. Results As expected. given the infrequent occurrence of most congenital anomalies. patterns of association fluctuated be- tween the two ,years. No category of anomaly was found to be materialiv elevated among exposed births in comparison ALAMCCA \\\�iwiEt7 ��t~1 • SANTA L.N.C\, - Il! FIGURrs 1--M214thw+e Aerial Treats N l Areas+rithin l'autititstif Alameda.-sx" Stateo, and Santa Lyn Cglifeeiiiit, Jut 1981 -August 1982 t 1009 i I .. PUBLIC HEALTH BRIEFS TA13LE 1-Reintfve Risk for Seteened Congenital Anomaly Diagnoses by Malathfon Exposure. Selected Counties. California. 1981 and 1982 - - - - Aid ExDesea Comoaren is linexi)osedt 95% Conteence ❑tagnbsls N' RR mtervat 1981 Unexoosea I numbw 0t taRlea ie parintheaftI ' associations were noted for: A^omaues of ear 1744 21 11 4499 1 19-16.92 wnn "other (744 291 excluded 1 •• •• Bowed legs 1754 4)- 25 299 1 32- 6.75 with "UnSoacthed " (754 461 exCluded 3 3.37 0.31-37.16 i Varus delonmrfes (754 5) 99 1 72 1 16- 2.55 with metatar3us varus 1754-53) excluded So 1.03 058- 1,82 j Clubfoot grouping 1745.5-754 71 174 147 1 09- 1.96 metatarsus etatarsus varus 1754.531 excluded ude25 1 112 0.79- 1:61 1982 Unexcesea +a�• siTES 40. TE Fistula 1750.3112 9 266 0.55.-.78 j •N of cams ..CR405 Doin 4X00SW wo unexODlm "Too few easea le caw4K te. FIGURE 2 --Per Ctnt of Binh! with Birthweight c 2500 Grams b1 Nfolathion Expowty Gm rvepisa. Birth Cerdea Drta.'Seiectar Couaum Coilfttrais. 19112 to hafh the 1981 and 1982 unexposed groups. Positive I numbw 0t taRlea ie parintheaftI ' associations were noted for: • otherspecific anomaltes.of ear (ICD 744.2) in 1981 only-. Discussion • bowing of long bones of leg OCD 754.41 in 1981 only. s vafus deformities I1CD 754.51 in 1981 only: Overall no important association was found between low • ciubfMI-grouped dx-IiCD 754:5=754J)in- 1981 -only: -- dosage: acrial,aPPlication of malathion and the occurrence of fistula (ICD in ]482 only. congenital anomalies and low birthweight among Liveborn e�•TNs ' infants. The anomalies that occurred more frequently thar intervals ICI! for these diagnoses for the _x� comparison pf 2 expected do not represent a biolo icatl consistent p p g Y p:utern. all exposed to unexposed. Most importantly. no anomaly was substantially elevated in For each of the first four of these dwanoses, further - e.�+)s births. Similarly, the birthweight analysis showed little i%- occur within a subcategory representing poorly defined sociation with.malathion exposure. The evidence as a whole conditions. For the ear anomaly diagnosis. virtually all cases does not support a biologically plausible pattern of oirth fell into the subcategory of "other" (744.29). Similarly, anomalies associated with this episode of low dose malathion virtually all cases of bowed legs are found in the subcategory .oto of "unspecified long bones of leg— 1754.44). For both varus Non -biological explanations for our findings mn%t also he deformities and clubfoot. the strength of the association'is considered. however. One such explanation is mmelasr-iffca- attributable to the five -digit diagnosis of metatarsus varus _ t31 +a�• siTES 40. i There are also misclassifications in the outcome data. Suggesting a general elevation in 1982 not limited to the ex ed 20 births. N oreover, the onhopedic conditions represented Eby fied during the newborn period. Only about half of all three Of these are notlate congenital anomalies but rather dlmitie, a d positional deformities o late in gestation. spontaneous abortions and many neurological and endocrine ithu he In comparison with the 1982 unexposed group. one conditions could not be studied. These limitations should be UftexplaIlra kept in mind when interpreting the present results. M. H1: rX_"T__ ""ED TOTAL I SLACKS .WS. •eft 170 a1RTNS .f OOTIK •S LTE! 1171 .ve0/ 1914 1a07 1". 1700 FIGURE 2 --Per Ctnt of Binh! with Birthweight c 2500 Grams b1 Nfolathion Expowty Gm rvepisa. Birth Cerdea Drta.'Seiectar Couaum Coilfttrais. 19112 to hafh the 1981 and 1982 unexposed groups. Positive I numbw 0t taRlea ie parintheaftI ' associations were noted for: • otherspecific anomaltes.of ear (ICD 744.2) in 1981 only-. Discussion • bowing of long bones of leg OCD 754.41 in 1981 only. s vafus deformities I1CD 754.51 in 1981 only: Overall no important association was found between low • ciubfMI-grouped dx-IiCD 754:5=754J)in- 1981 -only: -- dosage: acrial,aPPlication of malathion and the occurrence of fistula (ICD in ]482 only. congenital anomalies and low birthweight among Liveborn Table I gives the Table i gives the relative risk 1e tRR) and confidence infants. The anomalies that occurred more frequently thar intervals ICI! for these diagnoses for the _x� comparison pf 2 expected do not represent a biolo icatl consistent p p g Y p:utern. all exposed to unexposed. Most importantly. no anomaly was substantially elevated in For each of the first four of these dwanoses, further comparison with both the 1981 and the 1982 11nexpost d analysis at the five -digit ievei IICDI revealed the excess !to births. Similarly, the birthweight analysis showed little i%- occur within a subcategory representing poorly defined sociation with.malathion exposure. The evidence as a whole conditions. For the ear anomaly diagnosis. virtually all cases does not support a biologically plausible pattern of oirth fell into the subcategory of "other" (744.29). Similarly, anomalies associated with this episode of low dose malathion virtually all cases of bowed legs are found in the subcategory exposure. of "unspecified long bones of leg— 1754.44). For both varus Non -biological explanations for our findings mn%t also he deformities and clubfoot. the strength of the association'is considered. however. One such explanation is mmelasr-iffca- attributable to the five -digit diagnosis of metatarsus varus tion of exposure status. Potentially. as many as lt)-15 per (754.53), an essentially normal condition. cent of exposed births were misclassified. thus reducine the For each of these poorly defined subcategones. the rate of possibility of finding an effect from exposure. occurrence is lower to 1981 than in the 1982 unexposed group. There are also misclassifications in the outcome data. Suggesting a general elevation in 1982 not limited to the ex ed Congenital anomaly diagnoses were limited to those identi- births. N oreover, the onhopedic conditions represented Eby fied during the newborn period. Only about half of all three Of these are notlate congenital anomalies but rather dlmitie, structural anomalies are identified a[ birth. In addition. d positional deformities o late in gestation. spontaneous abortions and many neurological and endocrine ithu he In comparison with the 1982 unexposed group. one conditions could not be studied. These limitations should be four -digit diagnosis, irachetxsophageal fistula (750.3).1. is kept in mind when interpreting the present results. Positively associated with exposure. As illustrated in Table 1. the number of cases is quite small. resulting in a wide REFERENCES confidence interval. i. Califamta Dept of Health Services: Assessment a the health risks from th¢ The birthweight ana[Y515 ti51ng birth certificate data Proposed aerial apphcalmnof malathion in Santa ClaraCuunty. Sucramen• to: Hazard Evaluation Svslem and lnforn anon Service. State of California: found the expected differences between Whites and Blacks Iwo. but little change in low hirlhweight associated with increasing Z. The international Classification of Diseases. 9th Rev. Clinical Modification. exposure [O malalhiUn I FiEtrrC �I. 'd Ed. Washington. DC: Droartment of Health and Human Services. pub No. ti)HS) W-1361. September MI. . iat0 AJPH August 1987. Vol. 77. No. 8 C I f #Aw UNITED STATES ENVIRONMENTAL P-ROT'ECTION At. EN& CYWASHINGTO, D.C. 20440 a Frit: a F j rrancsasa aNn �oxse AU&STANC" Mr. aim Wells California Department Qf Food and Agriculture + 1220 N Street Sacramento, CA 95814 Dear Mr. Wc113: As a follow up to our telephane canveraation of Novamber --- - 15, -1989, i -would- 1i?�e -to expl�aa.n -in- moz-e--dctai-l.->~F_A'-s views concerning Malathion.. i The uses in question are!cavered by a §le emergency exemption and a J24(c) registration. In granting the JIB requests we determined" that the existing data bana for malathion supported the exemption and that the use would spot pose any unreasonabia risk. Also, we had no objection to the registration issued by the state under 124(c) to meet a Special Local Need*_ As part of the rereaistration process for pesticides which are currently registered under FIFRA, the Agency cQndudt:sd a thorough review of all Available malathion, data in 19BB. The purpose of the review was' to reassess the currant uses of the pesticide; to determine ths need for additonal, data on health end environmental effects= and, to determine whether the Pesticide meets the "no unreasonable adverse effects" criteria of FIM.- The IM.•The Hal.athion Registration Standard, issued by the Agency in February 1968, identified ;the riged`far cart,aiddi.t-iona-1 data to support continued malathion registration. Based on �eay�`snga��v?eti�y-t?sgenay o assess the potential. of -- malathion to produce chronic �haalt:h effects, the Agency determined that tate pesti-cid is not carcina onic in two species 4f rats, and that its matabolita, malaoxon, is not carcinogenic in Mice. However, oncoaenicity studies using utal.athion in the mouse and and malaoxon in the rat were not a.cceutabl• and are be_ng repeated. These data are necessary for the Agency to make a final decision regarding anccgenicity, E -2- An acceptable rabbit tsratolcgy study demonstrated no teratagenici,yl however, developmental and maternal toxicity were noted. A rat ter atology I study, Which demonstrated no - --- evidence of maternal or £atal.;toxfcity, was judged to be inadeauata and must be r3eneated. A 3 -generation rat repro- duction study was also found 'to be unacceptable. None of the data available to the Agency meets or exceeds the criteria apacit'ied in theIregulations for initiating a special. Review of the pesticide. However, a final, determi ation cannet be made until the additional data required in tho Registration Standard have been reviewed by the Agency. -The chronic feeding/Qncogencity studies are due to be submitted to the Agency in April 1992. ! This Will allow for a final. decision regarding reregistration or other regulatory action Late in rY 92 or early FY 93,E In- -summary,- -�asest�A---e�ciiz tia-_dat , _ En 1 dues not believe existing uses of malathion present any unreasonabla ria -k. The Agency is requiring additional data n*eded to make a fia1 reregixtration decision. Sincerely yours, Edwin r. Tinaworth, Director Special Review and Rsregis*raticn Division - - 1 ata of California Richard cmi.-Ger, L-irectcr .-T�ent of Fooa c{r:a I.zriculture 20 N. Et eet Sacra ner cc , �. �� "• �! Diepartrnor i OT liecith Servkss DateDecember 16, 1980 Subled % Health F.a=ard Asseasment .of Aerial An^sic�." of malathion inSantaClax8. County .� rf'_ce ci the Director our staff's retort asaessing the health riska associated with the Y_ 3'?�SL"1- �3_�:r.�Qt _ e= l_C` t' � - thi Redo terr3'lea."I sr i fly erFiG2CPLLS7^ in-depth ~Ei As r-o�r-�• As you case see from the .#` *' we"Liad a=t��e car�zziLi that t ere w --J'? be no 547 i_ --cant health riska. As I understand it,' our stated reco=endations to ir...:re guia.ic safety a: d a•;cire ,s the publwc' s concerr_s are pox^ts that our staff has already raised been with },our Dera-t=eat and Jam+ and general agreement on them has reached. Beverlee A. Myers { Director cc: Mario' Obledo Governor's Office C iuey jo:uison ASSESSMENT OF r -?E H-ALTii' RISKS FROM THE PROPOSED AE. A2 PLICATION A. PLiCr1TIOit OF ;"4I,r1THI0N IN SANTA iCLARA COUNTY Prepared By r The Hazard Evaluation Sysl[em^and Informakica Service land The Pesticide Unit " i Epidemiological] Studies Section CALIFORNIA DEPART:SENT OF HEAL -,I. SERVICES - .... assessment has-been mad? o: the' L-.,th risks associated with the :ro:osed aerial application o'-zaiathion in Santa Clara County using all :vaiiable sources of information. ualathion`s Low-level of acute toxicity i Yreciudes the possibility of acute toxic effects from the amounts to be _ .sppLied (4.4- ounces per acrei unless unforeseen accidents occur or high levels of impurities are present in the spray mixture. Animal studies and short-term in vitro tests have shown no results that -zec the criteria for evidence of mucai enesis orY was reP mammalflan, teratogenesis.- - standard NationaL Cancel institute b'oassa lorted as negative for _srcinogenesis. ;'his interpretation has been called into auestion in an, uncorreboraced report by a single investigator. Taking the premise that malathion may be carcinogenic . and usin; conserva- tive (i.e., health -biased) assumptions; and extreme "worst -cast" examples, the risk of cancer from the malathion applications in the exposed Santa 1 Clara County population has been estimated and found, to be insignificant. The greatest health risk may come from ;the large, low --flying planes and the is possibility of a crash in an urban area. G The degree of public concern over possible effects of the aerial spraying ' program is a major factor in the situation. The people of Santa Clara County shouldbe fully informed and arrangements made to answer their questions. i 1. Maximum effcrt szould be cac0- Ca inform the: public of the details the cpernc cn and t� _..: ,Ite and answer questions. ::his should nclude the develorment acareful risk/benefit evaluation with - -- input from aporopriace authcr�ities in both health and environmental protection. f _. :'he pubLic should be kept iformed by widespread use of the media concerning the times of aerial' application and the use of appropriate ?recautions including the prccection of fish ponds, domestic bees, and automobiles; as well as t o avoidance of unnecessary human exposure. 3. :se spraymaCerial sitoul e, tasted before each day 'of aoplicacicn for the amount o. iso-Matath ion present. An allowable limit for the concentration of this impurity; should be established in advance and the justification for such a limit made public. 4. The amount of malaoxon deveiloping in 12 Co 24 J�hours� in the materia. � reaching the ground should be monitored. - - 5. The droplet size should be monitored. The plan for such monitoring should be developed and made plublic before the application. i •5. An assessment should be made 'of the possible risk of a plane accident using data from previous pro"elcts of this tvoe. Steps taken to prevent such an accident should be made public. Emergency plans should be developed and made public iar� dealing with such an accident should it occur i { A-15 3 part o ff- p_u_eec to eradicate t: appeared in Santa Clar3 County in .Tune n riculture is proposing the aerial urban area of 1?5.2, square miles'(73,71 ye Mediterranean fruit fly which 1990, the united States Department application of malathion over an 50 acres) including all or parts of the cities of San .lose, Santa Clara, Campbell, Los Gatos, Los Altos, Palo i E :pito, Fountain View, 'Monte Sereno, Sukknnvvale, Cupertino, and Saratoga. I Six applications are planned at 7— to! 10—day intervals using four DC --6 _panes ::ging at a:ticudes below BOO f Wet. She malathion will be mixed i with a protein bait (to attract the adult fruit flies) and applied at a i a to -ol 2.4 ouicA-_s---of- raai-at-hiarn m-x-ed�wi-th 9-.-6--ounces_a'_.-1-iquid_ pro.tein_ -_ i` i; 'bait per acre. the droplet size will:,be large (mean diameter 800 microns, about 1/32 of an inch) so that the material gill tend ;to fall directly I downward and drift will be minimal. Because of the obvious public concern land anxiety about possible adverse health effects of such an area—wide involuntary exposure to a pesticide, the Department of Health Services has' performed this evaluation of the potential health hazard, drawing on the expertise of the Pesticide Unit and the Hazard Evaluation System and Information Service in the Epidemiological Studies Section and their computerized access to all major systems of pubiishrd medical and toxicolo,icalHata. In addition, consultations have been held. with scientists 'from ]the Universitv of California, the Environmental Protection Agency, the ;'California Department of Food and Agriculture, Citizens for a Setter] Environment, and the Sohn Muir Institute. A-1 I i I :.CUTZ EFFECTS `ialathion has. a low acute•coxicity. Its oral LD is 1,000 to 2,600 5 - - mg/kg depending on the purity of the technical grade material. The figure i :or dermal LD50 is five times, higher, ` e., --one-fifth as toxic-: Malathion is the least toxic of the organophosphate pesticides. Orally it is about l; 25th .as toxic as DDVP,; the material used in flea collars for dogs and cats. With dermal exeosure, the ratio iz about 1/65. In i addition, malathion is not a persistent pesticide. It degrades and I disappears relatively rapidly after application, with a half-life of less than two days. Since the amount applied will be X1.6 mg per square 'foot, it is virtually impossible for any acute toxic effects to occur (see Appendix for exposure calculations), An average size !adult would have :to ingest almost the entire amount applied to an acral to receive a potentially lethal dose. f Certain factors may operate to°increase the possibility of acute toxie _ I , effects. Impurities such as isomalathion may form during storage of the pesticide. This compound is ;moreltoxic I and has caused problems in other countries using products manufactured abrcad.2 It -is important that the malathion being used be analyzed (before each 'application to test for the presence of this impurity. Another concern in relation to acute toxicity is malaoxon, a breakdocn _ product of malathion which is considerably more toxic. Information from ; pesticide residue chemists at the University of California at Riverside indicates that Lr -significant amounts of this material would be present • I A--17 i I ;I especially in r-2lati•rely coni months, but werecommend that the area be monitored in order- to be certain. I Malathion has been used extensively for over 30 years and is the most widely applied home/garden insecticide. It has been applied by air in previous Mediterranean fruit fly eradic,a 4on programs, in Florida (1956) and _ in Texas (1962 and 1966) using much higher doses or application rates than proposed for Santa Clara County. No ad verse health effects were noted in these applications.`` Malathion is also frequently used in area—wide appLicaticns for mosquito control. In 1J54, a detailed study was performed- I by this Department on men applying malathion by ground fogging equipment over a two—week period.5 No toxic effects were noted. Small children and people with varicus types of illness are more suscepti— ble to the toxic effects of organophosphate pesticides than the general I. population.. The levels of exposure that will be encountered in this projected program, however, will not be 'sufficient to cause any acute toxic i symptoms. Nor is it likely that any sensitivity or allergic reaction could occur at these very lou exposure levels.: Perhaps the greatest likelihood of acute health effects lies in the passi— bility of a plane crash or spill. Data on the occurrence of such accidents i should be obtained and made public by the United States Department of AZriL•:lture, as weLL as information on the steps being taken to prevent them and emergency procedures established to handle them in case they occur. CHRONIC EFFECTS 1. Subtle reproductive effects in a6imais such as adverse,..but reversible, effects on sperm production are reported in the literacureb but are inconceivable in the human population who even with -worst possibie case assumptions will be receiving doses that are hundreds to thousands of times Lover than those given to the test animal=__ Z. Teratogenic effects from malathion have not beer shown to occur in mammals. Two separate tests in rats failed to demonstrate any.evidence of teratogenicity. ,8 Studies in which malathion was applied directly to chick embryos have shown developmental defects13, but _ such studies -are no_Long,r_.,tonsidered-to .haye any_ clear .relationship to teratogenesis in mammais. 3. Malathion has been tested for its ability to cause gene mutation in eight studies using bacteria or yeast cells. All eight studies yielded negative results. Recently tests have been performed in two systems. which do not directly measure mutagenicity, but rather are indirect indications of the potential to cause this effect.', One is a system of human fibroblasts examined for the frequency of sister—chromatid exchange.9 mother is a system using colicinagenic plasmid El to detect in vitro damage to DNA. 10 The results of these tests, while suggestive, do not meet Che criteria for positive evidence of mutagenicity. 4.- The carcinogenicity of malathion was tested in a standard National Cancer Institute b ioassa,r. l l the results were interpreted as showing I f no evidence tvr an as50ciaticn becween the adminiscration of malathion and an increased evidence of tumors in rats and mice of eit:ier sex. Subsequent rasnalysis of Che historica. slides Led another pathologist to conclude that malathion was carcinogenic in rats of both sexes and caused an increase in the incidence of liver tumors in male mice. The report of this reanalvsis has not been published or subjected to . scientific review. i ASSESSMENT OF CARCItiOGE`IlC RISK M`e risk of carcinogenesLs has been estimated, accepting the unproved premise that malathion may be a carcinogen and using other conservative (heaLth-biased) assumptions and some extreme "Worst-case" examp?es involving a 10kg (22 pound.; child exposed without clothes for all six applications to the amount of malathion settling on six square feet of ground (see Appendix for calculations of exposure and risk). In the event that all these assumptions and examples are valid, the malathion exposure would increase such a child's likelihood of developing cancer by about one chance in a miltion. Easing the same assumptions, but more realistic estimates of exposure to individuals wearing clothing usually worn in Santa Clara County in the winter, the estimated risk is reduced to perhaps one in a billion. This risk estimate should be considered in relation to the fact that currently 20 to 25 percent of deaths are caused by cancer. CONCLUSION There is no significant health risk involved in the proposed aerial appli- cation of malathion in Santa Clara County. Recommendations have been made Co help ensure public safety and to address the public concerns. A-20 ° 4' : =1'a rJ 0 . u u t • EX TO XNE T 0 L] FX]'FNSION TOXICOLOGY NETWO1ZK A P-ticidc tn(orn,arinn P—ir,T cf t aaperntrvc tKcs r]r �n�rt S(arr rtn:vrn:ty rOrr-11 University, The Univerztty Of C [ xl<nSlrJn Ufalirprnin, and rices cin `(s(t UA].tisilY Pesticide Information Profile MAT A'MION C),thion Malathion is a wide spectrum organophosphorus insecticide which was one of Elie Ea insecticides developed. Marlies( nrganc,l)h�,sphatc, lathion is suited for (lie control Of sucking and chewing insects on fruits and vegetal)le s. TOXICOLOGICA1. FFr'rCTS Acute: - The acute eFfects of malathion depend un Purity anti the vchicic of administration (5), so the I n P for rats R+,ngC5afront 480 to 2800 mg/kg, 775 to 3321 mg/kg in mice, a a[ 53 mg/kg. gg in guinea pigs. Cxttic arc mote sen and tat rn The 1_1)Lo for mets an(l .%.Onlcn is is n4444 tng k g' rcAcut vcly The dermal LT), For rats S/ g. Acute The include nausea, headache, and tightness in the chcsE. An 1"i"t exhibited ,,cvcre signs of cholinesterase inh'b;lion nftar unknown conditions of exposure to an aerosol bomb containing "iya malathion (3). Other human intoxications h(tve ac+urrcd. Chronic. Human volunteers fed If 1119/day for 47 days showed no significant effects on Plasnin or rtd-cell choli(testerl.c activity. 12,rtts fr.d diets cpniainir,g 10()-150() ppnt sz ttvo years stcrase ci na symprorns apart from dcprus.sed ci,olinesrcrase ac:tivi[y. At 500 ppr(t fur eight wi�.ej;s, rifts showed no adverse effects on whole -blood cholincsterase activity. Weanling male rats wero twice as susccptihlc re malathion as adults. R cprr>duct ivc: Rags fel{ malathion on the ninth djy of Pregnancy exhihiteri a Tl.)Lo of 791 mg/kg, Teratogenicity Zclalathion and its mciabofit 5 In unknow'(o duali[ics Can cross the placenta of Elie Scat ancj depress c oiinestcrtst ac[ivily of the Cetus by gi'/a F • d z4U mg/kg had no tetil[O rcnic () 1i5, �*iven adniitlistcrcd b t feet,, but 3W illy kg by stomach taus cn days 6 through 15 f pregnancy caused an increased r"te of newborn mortality. MALATHION Cythion Chickens fed 250 to 250() PPM diets for two years, had no adverse effccts on chi; hatchability, Mutagcniciiy: There was dctcctahle rll[ttatinn in euitured human lcukncytes at a conecntratian of 200 mg/l, sister chromatid exchange in huntatl fibroblasts at chromatid aS Mg/1 and sEst cr Carcinognicity: gnurnan lymphocytcs a( 4() mg/j. - Female mice fed diets of BOW or 12000 ppt» for $0 weeks and observed for 14 to 15 wt;ck.s showed no t(ruu(ssctl turllur incidence. Males had cancerous liver cells and tutllor noddles but tests did not show these incidences to be significant (2). Female rats on diets of 1WO to 8000 pfltlt for 103 weeks had no tumors. Thcrc was some incidence of adrenal tumors in the Males at low doses blit not at signiFcant levels at the high doses (2). This departure from Elle exPccicd dose -response rclationship suggcsls that the resp„nsc is equivocal. Organ Toxicity: Daily doses of 46 mg/kg i.p. for 1] clays altcttcd the; adrenal activity and the iu1-cl of liver glycogen in rats. Solutions of 1 April in drinking water for si prolonged cloltitzg tirne- x months Fate in Htrntans and Animals: Malathion is rapidly and effcctivcly absorbed by pr,1r.tit•:rll}• all routes inc:ludirtg the gastroinicF.Nnal tract skin, mucous membranes, and hangs. it i5 absonc�d to [he extent of Tao on the forearm and 23%v on the forchcad. In rots 44% was cxcreted in the urine in eight hours and 837n after 24 hours. of the reinainde.r 6% appeared in feces, 3% was in expired air and 8% remaining in the gavtrnrntestrnal tract, Co%s exercied malathion les rapidly with 69Si in the urine in.four days, get In Elie feces and 0.2% in the milk. Att[npsy samples t5�r fr(.)nl one individual who had ingested a anlounis of m: nolinn thr�wrrl ga f Rf,71 ppmppmins[rir contCnis, 76.4 pprn in adipose tis.suc and no detec[al,le, levels in the liver. The ntetapa}itc nlnlanxon was at 8.2 ppm in the ral, malathion niorlocarboxylic acid and In[Ormn,,,., Pror.fcr (P(141,'un iBr Ix.l,h 1rV)<CI nre.ylrJ rV rtl rR<y ,xslif ..Ir rt:]rt,t rTh,rm �„ DC11inr,.s hY!• ]r-]�CIneM�n,Cr snJ e11NlM1Rnlfrlril !((ecr/ nr tM'i(R nn it !]fllj• Yntli rn nry) IfTrtti. (� ry(n,,,•� -r0 'm tm ,hr';;t A..1., ,."•[ <„"�.nwlsp }x'snerJ<s, fin.] Tv,iedory Inrnrn,.,,,,,, r" -'n q Fss>r+.tEel .A rw�-- en�nr.,hausl,w •Tor T'I Ht .rr rnrer,sN rnassr rnr nre(s tr!]i �'t"'!0[JocvAwms' ►<srtir,:r M1nr M anv vsv re rl.,« t» su Ir,erstV ls` seaKh. he vnJ[rs]an,,lr, f�Vrt ,ISSSrat]i.n ru of a ",-rlr n( .s r„rs "taoo,u y; n to �^-��.—L. jYRcile ll,f ry•sr.y K,� �, RCa u, ��,Mhef �RiORn �raNre �„(J rot P now o e c'lrx�l nsklot" wn w sr,< r(►i. Da[a pree<nsM MMI.ji, qhs. i[,rM,rl ns Ar M1I n R iii An 1}:e n<srex]e xn,lun yr sY s. The infJrnsalrur, re [Mt („nrl4 -�—� xl:'sn,, er�_r<ruisw u.re,M.nt clicarbo. vl;c acid were found at 221 ppm in bilr., 106 ppm" in kidney, and 103 ppin in gastric content. Malathion requires activation to malaoxon to become an active anticholinesterase agent. ECOLOGICAL FfgT M Mallards have an LDS, of 1485 mg/kg and chickens on a dict of 100 ppm showed no effect on gro%Iih or feed consumption- The LD,, for chickens is 948 mg/kg. Bobwhite quail had an oral LCs, of 3497 pent and phcacants 2639 pptn. Ninety pCrccnt of the dose to birds was metabolized and cxcreted in 74 hours via urine (5). Fish have 96 -hour LC,'.s ranging from 64 fig/l for walleye, I01 for brown trout, 280 for cutthroat trout, 8650 for fithcad minnows and 10,700 for goldrush. Varinnt aquatic insects are sensitive with EC„'s in the 1 to 10 jug/i range. Whole body analysis of pinlish showed the presence of malathion, mono- and di- carboxyiic acids but no malaoxon (7). ENVIRONNfFNTAL FATI: Degradation in soil is rabid and rclatud to the dc�zce of adsorption. Breakdown is a combination of biological and non -biological hydrolysis. Ilreakdown half-life in clay 11 0 0022 p.l�il plus argarrie maitcr was one day. In basic Coil, the half time for the metabolin malaoxon was three days whereas in acidic soil it was seven. In raw river water, the half-life was less thin one week, whereas malathion remained stable in distilled water for thrcc weeks. Applied at 1- to 6 pounds/acre in Ing ponds for mosquito control, it was effective for 2.5 to 6 weeks. In steriic seawater, the degradation increases with increased salinity. The breakdown products in water arc mono and di carboxylic acids. Malathion is not included in the EPA pilot groundwatcr survey. When a field of kale was sprayed at 2.5 pounds per acre, after two days 10.9 ppm parent was present pitis 5.4 ppm unknown and 1.76 oxygen analog. After 15 days, 0.511 ppm parent remained, 0.6 ppm unknown and no oxygen analog. Wheat grain exhibited residues mainly in areas of high lipid content. Increased moisture content increa.ed degradation with the wain products desmethvlmalathion and the mono and di acids of malathion. In a four-year average (1965.1969) the FDA Market Basket Jttrn y showed an avGral6i; uIdjad;3tt concentration in representative foods of 0.00013 ppm (5). The tolerance on most food crops is 8 ppm. PHYSICAL, PROPERTIES -- _-- --- - Cnimmart namtr - malathion CAS * 121-75.5 - diethyl(dirnethoxyphosphinothioyl)(hiohutanedioate Chemical class/use - organnphosphatc/lnsecIicide Solubility in water - 145 ppm Solubility in solvent - light petruletim 35 g/100 g; most organic solvents, miscible Melting Point - 2.8-3.rC Vapor Pressure - 4 X 10-5 mrn Has Partition Coefficient - 2.89 00g) Exposure Guidelines NOEL rat - 5 mg/kg/day (ppm) erythrocyle cholinesterase rat - 2,5 mg/kg/day (ppm) wbolc blood cholinesterase man 0.25 mg/kg/day (ppm) cholincstcrrase Drinking water - 4.1 ppm ADI 0.02 mg/kg/dny (PPm)(WHO) TLV TWA - 15 mg/m' (NIOSH) 10 mom' (ACfiIHI $AlitC MANUFACTURER American Cyanamid Co Toil free: 800/526.5280 One. Cyanamid Plaza Wayne, NJ 07470 Fmcrgcncy: 201/835-3 RFTTR I✓N C:J�S 1. Hartley, D., and II. Kidd, Editors (1786). The Agrochemicals Handhook. The Royal Society of Chemistry, The University, Nottingham, England. 2. National Cancer Institute (1978 and 1979), Bioassay of Malathion for Possible Carcinogenicity, U. y 2 Depcirtmertt of Health, Education and We farr., Pnhlic Health Service, National Institutes of 14Ca1th, Technical Report Series 24 and 192. 3. Gosselin, RZ, R.P. Smith,. H.C. Hodge (1984). Clinical Toxicology of Commercial Products, Williams and Wilk;,,., I3altiseiore, MD. 4. Trabalka, J.R. and C.T. Garten, IT. (No date). Development of Predictive Models for Xenobiotic BioaccuIt'll latinn in Tcrrestrial Ecosystems. Envirnnrnental Sciences D;v Publicatinn No. 2037, Oak Ridge M itional Laboratory, Oak Ridge, TN. OSLI EXTOXNET MALATHION; 5. National Rtzearch Council (1977). Drinking Watcr and Health, Advisory Center on Toxicology, Assernhly of Lite 5tiences. Safe Drinking Wal,:f Coaunittee, National Acadcmy of Sticnces, Washington, D. C. G. Nationni Library of Medicine (1987). Hazardous Substances Databank. TOXNET, Medlar, Management Section, Bethecdn, MD. 7. MezWc, Calvin M. (1980). Metabolism of Pesticides Update III. U. S. Dupt of the Interior, Fish and WiidE7e SGi rie:t, Special Sricnti(':c Report, Wildlife 1Vo. 232- S. 32 S. Eto, M. (1979). Organophosphorus Pesticides - Organic and Biological Chemistry, pages 254.255, CRC Press, Inc., Soca Raton, FL 9. National Institute for Occupational Safety and Health (1985-86) Registry of Toxic Effects of Chemical Substances, U. S. Department of Hcalth and Human Services, Centers for DL --ease Control. 10. ICF Incorporated (1985). Superfund Public Health Evaluatiuu Manual •- Draft. Office of Emergency and Remedial Response, Office of Solid Waste and Emergency Respon."e, U. S. -EPA. 11. Me1171c, Calvin M. (1974). Metabolism of Pesticides, an Update. U. S. Departnicnt of the Interior, Fish and Wildlife Service, Special Scientific Report, Wildlifa No. 184. 3 OSU EXTOXNET MALATHION RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 TO OPEN THE CABLE INDUSTRY TO MORE COMPETITION IN THE MARKETPLACE WHEREAS, it is in the public interest to provide competition for existing cable TV services, both transmission and programing, through a telephone network capable of video transmission to enhance the development of new technologies and faster introduction of products and services to the marketplace at competitive prices; and WHEREAS, integrated broadband network will provide consumers with greater choices of video program suppliers and preferred services - advantages that would be extended ultimately to all consumers, rural and urban - so as to avoid a divided society of information "haves" and "have nots;" and WHEREAS, a statewide fiber optic network will serve as a vital component to the future public and continuing education structures; and WHEREAS, a highly -featured telephone network capable of video transmission would be an asset to international competitiveness for the United States and economic development within the State; and WHEREAS, adequate accounting and structural safeguards have been developed and are already in place in the state and federal jurisdictions to protect against cross -subsidization from telephone customers; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City of Diamond urges the Congress to enact appropriate legislation to open the cable market to competition, to enhance the development of new technologies and to modernize the telecommunications infrastructure. 2. The Clerk of the City Council transmit copies of this resolution to the Governor of the State, the Speaker of the House of Representatives, and to members of the Congress of the United States. PASSED, APPROVED AND ADOPTED this day of March, 1990. Mayor 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar 12e-s�, Ikon 0C) 9o— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984 TO OPEN THE CABLE INDUSTRY TO MORE COMPETITION IN THE MARKET- PLACE. WHEREAS, it is in the public interest to provide competition for existing cable TV services, both transmission and programming, through a telephone network capable of video transmission to enhance the development of new technologies and faster introduction of products and services to the marketplace at competitive prices; and WHEREAS, an integrated broadband network will provide consumers with greater choices of video program suppliers and preferred services - advantages that would be extended ultimately to all consumers, rural and urban - so as to avoid a divided society of information "haves" and "have nots;" and WHEREAS, a statewide fiber optic network will serve as a vital component to the future public and continuing education structures; and WHEREAS, a highly -featured telephone network capable of video transmission would be an asset to international competitiveness for the United States and economic development within the State; and WHEREAS, adequate accounting and structural safeguards have been developed and are already in place in the state and federal jurisdictions to protect against cross -subsidization from telephone customers; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City of Diamond Bar urges the Congress to enact appropriate legislation to open the cable market to competition, to enhance the development of new technologies and to modernize the tele- communications infrastructure. 2. The Clerk of the City Council transmit copies of this resolution to the Governor of the State, the Speaker of the House of Representatives, and to members of the Congress of the United States. PASSED AND ADOPTED THIS 6TH DAY OF MARCH, 1990. IV—A-1 PUBLIC LAW 98-549—DCT. 80, 1984 98 STAT. 2779 Public Law 98-549 98th Congress An Act To emend the Communications Act of 1934 to provide a national policy regarding Oct 3o, 1984 cable television. ]5.66] Be it enacted by the Serrate and House of 14epresentatiVag of the cable United States of America in CorWrws assembled, communications Policy Act of SHORT 7TME; TABLE OF OONTS3 U 19M SE+ no1N 1. (a) This Act may be cited as the "Cable Communes. 47 Usc 609 note. tions Policy Act of 1984". (b) The table of contents for this Act is as follows: Sec. 1. Short title: table of contents. Sec. 2 Amendment of Communications Act of 1934. 'TITLE VI --CABLE ODMMUNICAnONS "PArr I—GsINLti Prwvmoxe "Sec. 601. Purpoeee. "Sec. 602. Defmitions. "PAST E—Usa or CAMS CHANSMA AND Owxsemw Rear nenoru "Sea 611. Cable channels for public, educational, or governmental use. "Sec. 612. Cable channels for commercial use. "See. 618. Ownership restrictions. "PAST M—FZAINCMM AND RSCUt,ATrorr "Sec. 621. General franchise requirements. "Sec. 622 Franchise fees. "Sec. 623. Regulation of rates. "Sec. 624. Regulation of services, facilities, and equipment. "Sec. 6M Modification of franchise ob)igatim& "Sea 626. Renewal. "Sec. 627. Conditions of sale. "PAST IV—?4ncsruxsous Psovrmom "see. 691. Protection of subscriber privK7. "Sec. 632. Consumer protection. "Sec. 633 Unauthorized reception of cable servm, "See. 634. Equal employment opportunity. "Sec 635: Judicial proceedings. "Seo. 686. Coordination of Federal, state, and local authority. "Sec. 637. E66ng franchises. "Sec. M. Criminal and civil liability. "Sec. 689. Obscene programming.". see. 8. Jurisdiction. Sec. 4. Pole attachments. Sec. 5. Unauthorized reception of certain communications. Sec. 6. Technical and conforming amendments. See. 7 SuPPOK Of activities of the United States Telmmmunie t"m T Inaftate See L Telecommma !sonny Commission. Sec. 9. EfIeCtive date. 51-139 0 - 85 (603) IV -A-3 PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2781 "(6) the term 'cable system' means a facility, consisting of a set of closed transmission paths and associated signal genera- tion, reception, and control equipment that is designed to pro- vide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broad- cast stations; (B) a facility that serves only subscribers in 1 or more multiple unit dwellings under common ownership, con- trol, or management, unless such facility or facilities uses any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of title ll of this Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)) to the extent such facility is used in the transmission of video programming di- rectly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems; "(7) the term 'Federal agency' means any agency of the United States, including the Commission; "(8) the term 'franchise' means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 626), issued by a franchising authority, whether such authorization is designated as a fran- chise, permit, license, resolution, contract, certificate, agree- ment, or otherwise, . which authorizes the construction or operation of a cable system; "(9) the term 'franchising authority' means any governmental entity empowered by Federal, State, or local law to grant a franchise; "(10) the term 'grade B contour' means the field strength of a television broadcast station computed in accordance with regu- lations promulgated by the Commission; "(11) the term 'other programming service' means informa- tion that a cable operator makes available to all subscribers generAIly; '(12) the term 'person' means an individual, partnership, association, joint stock company, trust, corporation, or govern- mental entity; "(13) the term 'public, educational, or governmental access facilities` means— "(A) channel capacity designated for public, educational, or governmental use; and "(B) facilities and equipment for the use of such channel capacity; "(14) the term 'service tier' means a category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator; "(1b) the term. 'State' reams any State, or political subdivi- sion, or agency thereof; and "(I6) the term 'video progrannming` means p Sramming pro- vided by, or generally considered comparable to programming provided by, a television broadcast station. IV -A-5 PUBLIC LAW 98 -549 ---OCT. 30, 1984 98 STAT. 2783 such channels which are not otherwise required for use (or the use of which is not prohibited) by Federal law or regulation. "(C) An operator of any cable system with more than 100 activated channels shall designate 15 percent of all such channels. "(D) An operator of any cable system with fewer than 36 activated channels shall not be required to designate channel capacity for commercial use by persons unaffiliated with the operator, unless the cable system is required to provide such channel capacity under the terms of a franchise in effect on the date of the enactment of this title. "(E) An operator of any cable system in operation on the date of the enactment of this title small not be required to remove any service actually being provided on July 1, 1984, in order to comply with this section, but shall make channel capacity available for commercial use as such capacity becomes available until such time as the cable operator is in full compliance with this section. "(2) Any Federal agency, State, or franchising authority may not require any cable system to designate channel capacity for commer- cial use by unaffiliated persons in excess of the capacity specified in paragraph (1), except as otherwise provided in this section. "(3) A cable operator may not be required, as part of a request for proposals or as part of a proposal for renewal, subject to section 626, to designate channel capacity for any use (other than commercial use by unaffiliated persons under this section) except as provided in sections 611 and 637, but a cable operator may offer in a franchise, or proposal for renewal thereof, to provide, consistent with applica- ble law, such capacity for other than commercial use by such persons. "(4) A cable operator may use any unused channel capacity designated pursuant to this section until the use of such channel capacity is obtained, pursuant to a written agreement, by a person unaffiliated with the operator. "(5) For the purposes of this section— "(A) the term 'activated channels' means those channels engi- neered at the headend of the cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educa- tional, Sr governmental use; and "(, the term 'commercial use' means the provision of video programming, whether or not for profit. "(6) Any channel capacity which has been designated for public, educational, or governmental use may not be considered as desig- nated under this section for commercial use for purpose of this section. "(cXl) If a person unaffiliated with the cable operator seeks to use channel capacity designated pursuant to subsection (b) for commer- cial use, the cable operator shall establish, consistent with the purpose of this section, the price, terms, and conditions of such use which are at least suf tient to assure that such use will not adversely affect the operation, financial condition, or market devel- opment of the cable system. "(2) A cable operator shall not exercise any editorial control over any video programming provided pursuant to this section, or in any other way consider the content of such programming, except that an IV -A-7 PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2785 necessary to provide diversity of information sources. Any rules promulgated by the Commission pursuant to this subsection shall not preempt authority expressly granted to franchising authorities under this title. "(h) Any cable service offered pursuant to this section shall not be provided, or shall be provided subject to conditions, if such cable service in the judgment of the franchising authority is obscene, or is in conflict with community standards in that it is lewd, lascivious, filth*, or indecent or is otherwise unprotected by the Constitution of the United States. "OWNERSHIP RESTR MOxs "SEC. 613. (a) It shall be unlawful for any person to be a cable operator if such person, directlyor through 1 or more affiliates, owns or controls, the licensee of a television broadcast station and the predicted grade B contour of such station covers any portion of the community served by such operator's cable system. "(bXl) It shall be unlawful for any common carrier, subject in whole or in part to title iI of this Act, to provide video programming directly to subscribers in its telephone service area, either directly ar indirectly through an affiliate owned by, operated by, controlled by, or under common control with the common carrier. "{2} It shall be unlawful for any common carrier, sub'ect in whole or in part to title II of this Act, to provide channels of�cammunica- tions or pole line conduit space, or other rental arrangements, to any entity which is directly or indirectly awned by, operated by, controlled by, or under common control with such common carrier, if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier. "(3) This subsection shall not apply to any common carrier to the extent such carrier provides to ephone exchange service in any rural area (as defined by the Commission). "(4) In those areas where the provision of video programming directly to subscribers through a cable system demonstrably could not exist except through a cable system owned by, operated by, controlled by, or affiliated with the common carrier involved, or upon other showing of good cause, the Commission may, on petition for waiver, waive the applicability of paragraphs (1) and (2) of this subsection. Any such waiver shall be made in accordance with section 63.56 of title 47, Code of Federal Regulations (as in effect September 20, 1.984) and shall be granted by the Commission upon a finding that the issuance of such waiver is justified by the particular circumstances demonstrated by the petitioner, taking into account the policy of this subsection. "(c) The Commission may prescribe rules with respect to the ownership or control of cable systems by persons who own or control other media of mass communications which serve the same commu- nily served b a cable system. ' (d) Any tate or franchising authority may not prohibit the ownership or control of a cable system by any person because of such person's ownership or control of any media -of in communi- cations or other media interests. "(eX D Subject to paragraph (2), a State or franchising authority may hold any ownership interest in any cable system. (2) Any State or franchising authority shall not exercise any editorial control regarding the content of any cable service on a 47 USC 533- 47 USC 201. IV -A-9 PUBLIC LAW 98-549—©CT. 30, 1984 98 STAT. 2787 "(2) Nothing in this title shall be construed to affect the authority of any State to regulate any cable operator to the extent that such operator provides any communication service other than cable serv- ice, whether offered on a common carrier or private contract basis. "(3) For purposes of this subsection, the term 'State' has the meaning given it in section SM. 47 USC 153. "(e) Nothing in this title shall be construed to affect the authority of any State to license or otherwise regulate any facility or combina- tion of facilities which serves only subscribers in one or more multiple unit dwellings under common ownership, control, or man- agement and which does not use any public right-of-way. "FRANCHISE IEaS "SEs.. 622. (a) Subject to the limitation of subsection (b), any cable 47 Usc 542 operator may be required under the terms of any franchise to pay a franchise fee. "(b) For any twelve-month period, the franchise fees paid by a cable operator with respect to any cable system shall not exceed S percent of such cable operator's groes revenues derived in such period from the operation of the cable system. For purposes of this section, the 12 -month period shall be the 12 -month period applicable under the franchise for accounting purposes. Nothing in this subsec- tion shall prohibit a franchising authority and a cable operator from agreeing that franchise fees which lawfully could be collected for any such 12 -month period shall be paid on a prepaid or deferred basis; except that the sum of the fees paid during the term of the franchise may not exceed the amount. including the time value of money, which would have lawfully been collected if such fees had been paid per annum. "(c) A cable operator may pan through to su7mribers the amount of any increase in a franchise fee, unless the franchising authority demonstrates that the rate structure specified in the franchise reflects all costs of franchise fees and so notifies the cable operator m" d In any court action under subsection (c), the franchising authority shall demonstrate that the rate structure reflects all costs of the franchise fees. "(e) Anv cable open ator shall pass through to subscribers the amount of any decrease in a franchise fee. ,W) A cable operator may designate that portion of a subscri'ber's bill attributable to the franchise fee as a separate item on the bill. "(g) For the purposes of this section— "(1) the term 'franchise fee' includes any tax, fee, or assess- ment of any kind imposed by a franchising authority or other governmental entity on a cable operator or cable subscriber, or both, solely because of their status as such; "(2) the term `franchise fee' does not include-- . "(A) any tax, fee, or assessment of general applicability Eincluding any s�ich tax, fee, or aseessnierit imposed on booth utilities and cable operators or their eerviceslsut not includ- ing atax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers?; "fB) i1r the case of any franchise in effect on the date of tine enactment of this title, payments which are required by the franchise to be In by the cable operator during the IV -A-11 PUBLIC LAW 98 -549 --OCT. 30, 1984 98 STAT. 2789 "(2) require the provision of any service tier provided without Charge (disregarding any installation or rental charge for equip. ment necessary for receipt of such tier); or "(3) regulate rates for the initial installation or the rental of 1 set sof the minimum equipment which is neoessary for the subscriber's receipt of basic cable service. "(d) Any request for an increase in any rate regulated pursuant to subsection (b) or (c) for which final action is not taken within 180 days after receipt of such request by the franchising authority shall be deemed to be granted, unless the 184 -day period is extended by mutual agreement of the cable operator and the franchising authority. "(01) In addition to any other rate increase which is subject to the approval of a franchising authority, any rate subject to regula_ tion pursuant to this section may be increased after the effective date of this title at the discretion of the cable operator by an amount not to exceed 5 percent per year if the franchise (as in effect on the effective date of this title) does not specify a fixed rate or rates for basic cable service for a specified period or periods which would be exceeded if such increase took effect. "(2) Nothing in this section shall be construed to limit provisions of a franchise which permits a cable operator to increase any rate at the operator's discretion; however, the aggregate increases per year allowed under paragraph (1) shall be reduced by the amount of any increase taken such year under such franchise provisions. "(f) Nothing in this title shall be construed as prohibiting any Federal agency, State, or a franchising authority, from— "(1) prohibiting discrimination among customers of basic cable service, or "(2) requiring and regulating the installation or rental of equipment which facilitates the reception of basic cable service by hearing impaired individuals. "(g) Any State law in existence on the effective date of this title which provides for any limitation or preemption of regulation by any franchising authority (or the State or any political subdivision or agency* thereof) of rates for cable service shall remain in effect during the 2 -year period beginning on such effective date, to the extent such law provides for such limitation or preemption. As used in this section, the term 'State' has the meaning given it in section 3(v). "(h) Not later than 8 ears after the date of the enactment of this 4� ice. title, the Commission shall prepare and submit to the Congress a report regarding rate regulation of cable services, including such legislative recommendations as the Commission considers appropri- ate. Such report and recommendations shall be based on a study of such regulation which the Commission shall conduct regarding the effect of competition in the marketplace. "REGULAMON OF 8MVICB8, FAiGILS=, AND 6QULpM3 13' "SEC. 824. (a) Any franchising authority maY-not regulate the 47 use 5". services, facilities, and equipment provided by a cable operator except to the extent consistent with this title. "(b) In the case of any franchise granted after the effective date of this title, the franchising authority, to the extent related to the establishment or operation of a cable system— IV -A-13 PUBLIC LAW 98-1549—OCT. 30, 1984 98 STAT. 2791 services required by the franchise at the time it was granted will be maintained after such modification. "(2) Any final decision by a franchising authority under this subsection shall be made in a public proceeding. Such decision shall be made within 120 days after receipt of such request by the franchising authority, unless such 120 day period is extended by mutual agreement of the cable operator and the franchising authority. "(bXl) Any cable operator whose request for modification under coum u.8. subsection (a) has been denied by a final decision of a franchising authority may obtain modification of such franchise requirements pursuant to the provisions of section 635. "(2) In the case of any proposed modification of a requirement for facilities or equipment, the court shall grant such modification only if the cable operator demonstrates to the court that -- "(A) it is commercially impracticable for the operator to comply with such requirement; and "(B) the terms of the modification requested are appropriate because of commercial impracticability. `°(3) In the case of any proposed modification of a requirement for services, the court shall grant such modification only if the cable operator demonstrates to the court that the mix, quality, and level of services required by the franchise at the time it was granted will be maintained after such modification. "(c) Notwithstanding subsections (a) and (b), a cable oppeerator may, upon 30 days' advance notice to the franchising authority, _ rear- range, replace, or remove a particular cable service required by the franchise if— "(1) such service is no longer available to the operator; or "(2) such service is available to the operator only upon the payment of a royalty required under section 801(bX2) of title 17, United States Code, which the cable operator can document— "(A) is substantially in excess of the amount of such payment required on the date of the operator's offer to provide such service, and "(B) has not been specifically compensated for through a rate increase or other adjustment. "(d) Notwithstanding subsections (a) and (b), a cable operator may take such actions to rearrange a particular service from one service tier to another, or otherwise offer the service, if the rates for all of the service tiers involved in such actions are not subject to regula- tion under section 623. "(e) A cable operator may not obtain modification under this section of any requirement for services relating to public, educa- tional, or governmental access. mor purposes of this section, the term `commercially impracti- cable'eans, with respect to any requirement applicable to a cable operator, that it is commercially impracticable for the operator to comply with such requirement as a result of a change in conditions which is beyond the control of the operator and the nonoccurrence of which was a basic assumption on which the requirement was based. RMqMAL "SEC. 626. (a) During the 6 -month period which begins with the 47 USC 546. 36th month before the franchise expiration, the franchising author- ity may on its own initiative, and shall at the request of the cable IV -A-15 PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2793 comply with the material terms of the franchise under subsection (oi(1XA) or on events considered under subsection (cX1XB) in any case in which a violation of the franchise or the events considered .under subsection (010) occur after the effective date of this title unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or has effectively acquiesced. "(eX1) Any cable operator whose proposal for renewal has been co,r, u.s. denied by a final decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 635. "(2) The court shall grant appropriate relief if the court fords that -- "(A) any action of the franchising authority is not in compli- ance with the procedural requirements of this section; or "0 in the event of a final decision of the franchising author- ity denying the renewal proposal, the operator has demon- strated that the adverse finding of the franchising authority with respect to each of the factors described in subparagraphs (A) through (D) of subsection (01) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c). "(f) Any decision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed. "(g) For purposes of this section, the term 'franchise expiration' means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this title. "(h) Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time, and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings pursuant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g). J "GONDMONS OF SALE "Sac. 627. (a) If a renewal of a franchise held by a cable operator is 47 USC sa denied and the franchising authority acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be— "(1) at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself, or "(2) in the case of any franchise existing on the effective date of this title, at a price determined in accordance with the IV -A-17 PUBLIC LAW 98-549--(Y,7.30,1984 98 STAT. 2795 "(2) A cable operator may disclose such information if the disclo- sure is -- "(A) necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber; (B) subject to subsection (h), made pursuant to a court order authorizing such disclosure, if the subscriber is noted of such order by the person to whom the order is directed; or (C) a disclosure of the names and addresses of subscribers to any cable service or other service, if— "(D the cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and "(ii) the disclosure does not reveal, directly or indirectly, the— "(I) extent of any viewing or other use by the sub- scriber of a cable service or other service provided by the cable operator, or "(11) the nature of any transaction made by the subscriber over the cable system of .the cable operator. "(d) A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient Place designated by such cable operator. A cable subscriber shall be Provided reasonable opportunity to correct any error in such information. "(e) A cable operator shall destroy personally identifiable informa- tion if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (d) or pursuant to a court order. "(f)(1) Any person aggrieved by any act of a cable operator in courts, u.5. violation of this section may bring a civil action in a United States district court. "(2) The court may award -- "(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; "(B) punitive damages; and , C) reasonable attorneys' fees and other litigation costs rea- sonably incurred. "(3) The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber. "(g) Nothing in this title shall be construed to prohibit any State or any franchising authority from enacting or enforcing laws con- sistent with this section for the protection of subscriber privacy. "(h) A governmental entity may obtain personally identifiable Information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order— "(1) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and "(2) the subject of the information is afforded the opportunity to appear and contest such entity's claim. 51-139 0 - 85 — 2 (603) IV -A-19 PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2797 "(ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in a sum of not less than $250 or more than $10,000 as the court considers just. "(B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under subparagraph (A), by an amount of not more than $50,000. fC) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. "(D) Nothing in this title shall prevent any State or franchising authority from enacting or enforcing laws, consistent with this section, regarding the unauthorized interception or reception of any cable service or other communications service. "EQUAL EMPLOYMENT OPPORTUNM "SEC. 634. (a) This section shall apply to any corporation, partner- 47 USC 554. ship, association, joint-stock company, or trust engaged primarily in the management or operation of any cable system. `(b) Equal opportunity in employment shall be afforded by each entity specified in subsection (a), and no person shall be discrimi- nated against in employment by such entity because of race, color, religion, national origin, age, or sex. "(c) Any entity specified in subsection (a) shall establish, main- tain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employ- ment policies and practices. Under the terms of its program, each such entity shall— "(1) define the responsibility of each level of management to ensure a positive. application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; "(2) inform its employees and recognized employee organiza- tions of the equal employment opportunity policy and program and enlist their cooperation; "(3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; "(4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, nationalorigin, age, or sex, from its personnel policies and practices and working conditions; and "(5) conduct a continuing review of job structure and employ- ment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational units, occupations, and levels of responsibility. "(dXD Not later than 270 days after the effective date of this Regulations. section, and after notice and opportunity for hearing, the Commis- sion shall prescribe rules to carry out this section. "(2) Such rules shall specify the terms under which an entity Minorities, specified in subsection (a) shall, to the extent possible— women. IV -A-23. PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2799 "( XD If the Commission finds after notice and hearing that the entity .involved has willfully or repeatedly without good cause failed to comply with the requirements of this section, such failure shall constitute a substantial failure to comply with this title. The failure to obtain certification under subsection (e) shall not itself constitute the basis for a determination of substantial failure to comply with this title. For purposes of this paragraph, the term 'repeatedly', r when used with respect to failures to comply, refers to 3 or more failures during any.7 year period. "(2) Any person who is determined by the Commission, through an investigation pursuant to subsection (e) or otherwise, to have failed to meet or failed to make best efforts to meet the requirements of this section, or rules under this section, shall be liable to the United States for a forfeiture penalty of $200 far each violation. Each day of a continuing violation shall constitute a separate offense. Any entity defined in subsection (a) shall not be liable for more than 180 days of forfeitures which accrued prior to notification by the Commission of a potential violation. Nothing in this paragraph shall limit the forfeiture imposed on any person as a result of any violation that continues subsequent to such notification. In addition, any person liable for such penalty may also have any license under this Act for cable auxiliary relay service suspended until the Commission deter- mines that the failure involved has been corrected. Whoever know- ingly makes any false statement or submits documentation which he knows to be false, pursuant to an application for certification under this section shall be in violation of this section. "(3) The provisions of paragraphs (3) and (4), and the last 2 sentences of paragraph (2), of section 503(b) shall apply to forfeitures under this subsection. "(4) The Commission shall provide for notice to the public and appropriate franchising authorities of any penalty imposed under this section. "(g) Employees or applicants for employment who believe they have been discriminated against in violation of the requirements of this section, or rules under this section, or any other interested person, may file a complaint with the Commission. A complaint by any such person shall be in writing, and shall be signed and sworn to by that person. The regulations under subsection (dXI) WWI specify a program, under authorities otherwise available to the Commission, for the investigation of complaints and violations, and for the enforcement of this section. 4' (hX1) For purposes of this section, the term 'cable operator' includes any operator of any satellite master antenna television system, including a system described in section 602(6XA). "(2) Such term does not include any operator of a system which, in the aggregate, serves fewer than 50 subscribers. "(3) In any case in which a cable operator is the owner of a multiple unit dwelling, the requirements of this section shall only apply to such table operator with respect to its employees who are primarily engaged in cable telecommunications. "(M) Nothing in this section shall affect the authority of any State or any franchising authority -- "(A) to establish or enforce any requirement which is consist- ent with the requirements of this section, including any require- ment which affords equal employment opportunity protection for employees; IV -A-23 PUBLIC LAW 98 -549 --DCT. 30, 1984 98 STAT. 2801 shall remain in effect, subject to the express provisions of this title, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date. "(b) For purposes of subsection (a) and other provisions of this title, a franchise shall be considered in effect on the effective date of this title if such franchise was granted on or before such effective date. "CRIMINAL, AND CIVIL EdABn.rIT "SEC. M. Nothing in this title shall be deemed to affect the 47 USC 5s8. criminal or civil liability of cable proprammers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscen- ity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 612 or under similar arrangements. "OBSCENE: PROGRAMMING "SEC. 639. Whoever transmits over any cables any matter 47 USC 559. which is obscene or otherwise unprotected by the system of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both.". JURISDIMON SEC. 3. (01) Section 2(a) of the Communications Act of 1934 is 47 USC 152. amended by adding at the end thereof the following: "The provisions of this Act shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in title VI.". (2) Section 2(b) of such Act is amended by inserting after .ante. p. 2780. "section 301" the following: "and title VI". 47 USC 521 note. (b) The provisions of this Act and amendments made by this Act shall not be construed to affect any jurisdiction the Federal Commu- nications Commission may have under the Communications Act of 47 USC 609. 1934 with respect to any communication by wire or radio (other than cable service, as defined in section 602(5) of such Act) which is provided through a cable system, or persons or facilities engaged in such communications. POLE ATCACHMEN78 Sac. 4. Section 224(c) of the Communications Act of 1934 is 47 USC 224. amended by adding at the end thereof the following new paragraph: "(3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments— "(A) unless the State has issued and made effective rules and regulations implementing the State's regulatory authority over pole attachments; and "(B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter— "ti) within 180 days after the complaint is filed with the State, or "(ii) within the applicable period prescribed for such final action in such rules -and regulations of the State, if the IV -A-25 PUBLIC LAW 98-549--C)CT. 30, 1984 98 STAT. 2803 "(3)(A) Any person aggrieved by any violation of subsection (a) C",L,, U.S. may bring a civil action in a United States district court or in any Other court of competent jurisdiction. "(B) The court may— "(i) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsec- tion (a); "(ii) award damages as described in subparagraph (C}; and '(iii) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who pmwwdk AM) Damages awarded by any court under this section shall be computed, at the election of the aggrieved party, in accordance with either of the following subclauses; "(I) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in deter - the violator's profits, the party aggrieved shall be re - to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or "(II) the party aggrieved may recover an award of statutory damages for each violation involved in the action in a sum of not less than $250 or more than $10,000, as the court considers just. "(ii) In any case in which the court finds that the violation was committed willfully and for purposes of direct or indirect commer- cial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $50,000. Alii) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of dannages to a sum of not less than $200. "(4) The importation, manufacture, sale, or distribution of equip. ment by any person with the intent of its use to assist in any activity prohibited by subsection (a) shall be subject to penalties and reme- dies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity. "(5) The penalties under this subsection shall be in addition to those pi escn` vd under any other provision of this title. "(6) Nothing in this subsection shall prevent any State, or political subdivision thereof, from enacting or enforcing any laws with re- spect to the importation, sale, manufacture, or distribution of equip- ment by any person with. the intent of its use to assist in the interception or receipt of radio communications prohibited by sub- section (a). "(e) Nothing in this section shall affect any right, obligation, or liability under title 17, United .States Code, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law." (b) The amendments made by subsection (a) shall tape effect on Effective date. the effective date of this Act. 47 USC 605 note. TV -A-27 PUBLIC LAW 98-549—OCT. 30, 1984 98 STAT. 2805 "(01) The report under subsection (aX2) shall be submitted not later than December 1, 1987. Such report shall contain the results of all Commission studies and investigations under this section. "(2) The Commission shall cease to exist -- "(A) on December 1, 1987, if the report is not submitted in accordance with paragraph (1) on the date specified therein, or "(S) on such date (but not later than May 1, 1988) as may be determined by the Commission, by order, if the report is submit- ted in accordance with paragraph (1) on the date specified in such paragraph. "(01) The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the chairmen, shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS -18, as provided in the General Schedule under section 5382 of title 5 of the United States Code, including traveltime, and while away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. "(2) The Commission may appoint and fix the pay of such staff as it deems necessary. AeXl) In conducting its activities, the Commission may enter into contracts to the extent it deems necessary to carry out its responsi- bilities, including contracts with nongovernmental entities that are competent to perform research or investigations in areas within the Commission's responsibilities. "(2) The Commission is authorized to hold public hearings, forums, and other meetings to enable full public participation. "(f) The heads of the departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out this section and shall furnish to the Commission such information as the Commission deems nppli ecessab law to carry out this section, in accordance with otherwise "(g) There are authorized to be appropriated such sures as may be appropriated to carry out this section for a period of three fiscal years. "(h) Activities authorized by this section may be carried out only with funds and to the extent approved in appropriation Acts. "(i) Nothing in this section shall be construed to affect any proceedings by, or activities of, the Federal Communications Com- mission, except that the Federal Communications Commission shall consider submissions by the Commission submitted pursuant to subsection (02).". Contracts with U.S. Appropriation authorization. II. SUMMARY OF THE LAW The Cable Communications Policy Act of 19841 ("the Act") was signed into law by President Reagan on October 30, 1984 and became effective on December 29, 1984. A principal purpose of the Act is to "establish guidelines for the exercise of Federal, State, and local authority with respect to the regulation of cable systems." While there are many ways in which local governments authorize and regulate cable systems, the Act is intended to reach all forms of cable regulation. For example, section 602(8) of the Act defines the term "franchise" as including not only authorizations designated as franchises, but also authorizations such as permits, licenses, resolutions, contracts, certificates, and agreements. The statutory definition of "franchising authority" is similarly broad, and encompasses "any governmental entity empowered by Federal, State, or local law to grant a franchise." As is often the case with federal legislation, many of the provisions in the Act are subject to varying interpretations, depending upon how the statutory language and legislative purpose are construed. In many areas, the Act either does not address or does not clearly define the extent to which local jurisdictions may exercise authority. Nor is it clear to what extent a cable operator and a franchising authority may agree on procedures which supplement those in the Act, or whether a cable operator may waive the benefit of certain provisions in the Act. Resolution of the waiver issue may ultimately turn on how the courts balance the ability of sophisticated parties to enter knowingly into contractual agreements and, on the other hand, the public interest in the effectuation of the comprehensive federal regulatory policies reflected in the Act.' Any discussion of the Act at this early point in its history, including that contained in this guidebook, necessarily reflects a preliminary' interpretation and assessment of its probable impact. Future interpretations by the courts wi<11 necessarily s Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984). 2 See Section II1. A., infra. [Feb. 1985) II -3 Thus, crossownership provisions of existing franchises -- which often go beyond the prohibitions in section 613 (e.g., prohibitions against the crossownership of cable systems by local newspapers, radio stations, or non - local television stations) -- are no longer enforceable under the terms of the Act. 3. Section 622 eliminates federal restrictions on cable franchise fees up to 5 percent of gross revenues derived from the operation of the cable system (calculated on an annual basis), and also eliminates any federal limitation on a franchising authority's use of franchise fee revenues. Section 622 also permits prepayments or deferrals of franchise fee payments, provided that credit for the time value of money is reflected in such arrangements. Section 622 prohibits franchise fees in excess of five percent of gross revenues. Moreover, for franchises granted on or before October 30, 1984, section 622 expressly permits cash payments for public, educational, or governmental access in addition to 5 percent franchise fees. 4. Regulation of rates under local franchises is controlled by section 623 of the Act. In franchises granted on or before December 29, 1984, franchising authorities may continue to regulate basic service rates until December 29, 19866 and may regulate the charges for installation and converter rentals related to the receipt of basic service. In all other circumstances (i.e., new franchises, and existing franchises after December 29, 1986), the regulation of basic service will be allowed under the Act only to the extent that the FCC determines, by regulation, that cable systems in particular areas are not subject to effective competition. 5. Section 625 establishes procedures and requirements by which cable operators may obtain modifications of franchise provisions pertaining to services, facilities or equipment. The cable operator must demonstrate that, in the case of facilities and equipment, it has become "commercially impracticable" to provide the facilities and equipment required by the franchise. In the case of service �, the operator must demonstrate that the mix, quality and level of services after the modification will be the same as aSection 602(2) of the Act defines basic cable service s any service tier which includes the retransmission of local television broadcast signals. [Feb. 19851 II -5 2. In an RFP (or a request for renewal proposals) a franchising authority may establish requirements for facilities and equipment, but is expressly precluded from establishing requirements for video programming or other information services. A franchising authority may nevertheless enforce requirements in a franchise for facilities and equipment or for "broad categories" of video programming or other services that result from the operator's voluntary offers, but may not enforce requirements for the provision of a specific programming service. Section 624. The foregoing general conclusions are explained in greater detail in the section -by -section analysis which follows. B. Section -By -Section Analysis The section -by -section analysis which completes this overview is intended to highlight issues of particular concern. Section III. of the guidebook contains discussions of 18 subjects arising under the Act, which provide a more detailed analysis of these issues. The relevant subsections of Section III, of the guidebook should be read in conjunction with this overview in all cases in which more than an introductory review of the requirements of a particular section in the Act is sought. Throughout the guidebook, emphasis has been placed on the kinds of specific challenges and issues which are likely to arise as the Act is implemented. I. Section 601 -- Purposes Section 601 defines the six basic purposes of the Act as: (1) establishing'a national cable policy; (2) establishing franchise procedures and standards which encourage the growth wand development of cable systems and assure responsiveness to the needs and interests of the local community; (3) establishing guidelines for the exercise of federal, state and local authority; [Feb. 19851 II -7 permissible standards and procedures for awarding new franchises.' In contrast, the Act does establish detailed procedures and specific criteria governing the renewal of franchises.10 The fact that Congress identified establishing an orderly process for franchise renewal as one of the principal purposes of the Act underscores the importance of that process. 2. Section 602 -- Definitions Section 602'defines a limited number of terms that are used in the Act. In several important areas, however, the Act does not establish definitions for terms used in the statute (e._q., facilities and equipment). For the most part, the definitions employed in the Act are consistent with those contained in prior FCC rules. Where appropriate, the significance of various definitions is noted in the discussion which follows of specific substantive provisions of the Act. Some definitions, however, merit particular attention at the outset. First, the definition of "cable service" includes the one-way transmission to subscribers of video programming or information that is made available to all subscribers generally, and subscriber interaction that is necessary for the selection of such programming. Section 602(5). Thus, two-way services which involve interaction beyond the minimum necessary for program selection, for example, are not cable services under the Act. Similarly, nonvideo services that are not made available to all subscribers are not cable services. As a result, noncable services (e.g., data transmission, voice communications, and "shop -at-home") are generally not governed by the provisions of the Act and, instead, are subject to the jurisdiction of the FCC and state public utility or public service commissions to the same extent as similar services provided over a telephone system. (The Act does not expressly preclude the FCC from preempting or limiting state regulation of noncable services.) 1 9 See Section III. E., infra. io See Section III. J., infra. [Feb. 19851 II -9 jurisdiction.i2 Specifically, the Act defines a cable system as generally including any closed transmission path facility that is designed to provide video programming to multiple subscribers in a community. Excluded from this definition, however, are: (1) systems that only retransmit television broadcast station signals and do not provide any other type of service; (2) systems that do not use a public right-of-way and serve only subscribers in one or more commonly owned, managed, or controlled multiple unit dwellings; (3) most common carriers; and (4) facilities used by electric utilities solely for operating their electric utility systems. Section 602(6). Thus, by defining a cable system as a facility which provides video programming, the Act adopts a broader definition, in some respects, than the FCC's prior rules. Those rules required a facility to distribute broadcast television signals in order to constitute a cable system. Similarly, prior FCC rules exempted cable systems with fewer than SO subscribers from the definition of a -cable system, while the Act does not. The inclusion in the Act of other cable system facilities, such as satellite master antenna television ("SMATV") systems that serve subscribers in one or more commonly controlled multiple unit dwellings and use public rights-of-way; also represents an expansion of the concept of a cable system into an area that was previously excluded by FCC regulations. On the other hand, the Act's definition of a cable system specifically excludes facilities that only retransmit broadcast signals, of which there are several hundred in the United States. These systems are included in the definition of cable systems under the FCC's prior rules. However, these systems may now apparently be regulated by local governments without restrictions since neither Congress nor the FCC has limited local regulation of these systems. Fifth, the Act defines the term "franchise" to clearly include any grant of authorization to construct or operate a cable system, "whether such authorization is designated as a franchise, permit, License, resolution, contract, certificate, agreement, or otherwise." Section 602(8). Hence, the applicability of the Act will not turn upon how a franchising authority characterizes the nature of its grant of permission to construct or operate a cable system. 32 See Section III. A., infra. [Feb. 1985] educational or governmental use. Section 611(b). In renewal situations, including renewal proceedings conducted in accordance with section 626, 3s the franchising authority may specify similar PEG requirements regarding the cable operator's proposal for a franchise renewal. Significantly, section 611 does not impose any numerical limitation upon the number of channels that a franchising authority may require to be allocated for PEG use."' However, at least with respect to franchises granted after December 29, 1984, section 611(d) requires franchising authorities to establish rules and procedures to allow a cable operator to use PEG access channels for the provision of'other services during any fallow periods in which PEG channels are not being used for PEG purposes, and rules and procedures under which the temporary use of PEG channel capacity by the operator must cease." Except for limited circumstances in which - section 624(d) of the Act authorizes restrictions on obscene or similar programming, a cable operator may not exercise any editorial control over the services provided on channels designated for PEG use under is See Section III. J., infra. 16 For a discussion of some of the practical considerations a franchising authority should consider in establishing PEG access requirements, see Section III. B., infra. ;' This requirement was included in the Act in order to address situations in some localities where there is more channel capacity set aside for PEG use than there is actual use of those channels. Committee Report at 47. Because section 611(d) refers only to the use of PEG channels set aside'in accordance with section 611(b) (which arguably applies only to new franchises or franchise renewals), and not to PEG channel capacity set aside under the grandfathering provisions of the Act (section 637), it could be argued that the literal terms of the Act do not require the establishment of those rules and procedures under existing franchises. However, the Committee Report states that, in the case of existing franchises, it is expected that the franchising authority will develop rules covering the use of unused PEG capacity expeditiously. [Feb. 19851 II -13 The cable operator cannot control the content of the programs provided by the commercial user, although the operator may consider program content to the minimum extent necessary to establish a reasonable price for the commercial user's access to the channels.20 Section 612(c)(2). Section 612, while requiring the cable operator to establish prices, terms, and conditions which enhance diversity of information, also permits the operator to take into account the possible adverse effect of commercial use on the operation, financial condition, or market development of the cable system. Section 612(c)(1). The number of channels which must be designated for commercial use varies according to the total number of "activated" channels on the cable system. "Activated channels" are defined as those channels engineered at the headend of the system for the provision of services generally available to residential subscribers, regardless of whether services are actually provided on those channels, and specifically include channels designated for PEG use (i.e., channels on institutional networks and shadow cables are not regarded as activated channels for purposes of determining the number of channels which must be set aside for leased access use under section 612).2; Depending upon the number of activated channels on the system, the requirements for the set aside of channels for commercial use under section 612(b)(1) are as follows: a. Fewer than 36 activated channels: none, unless required under the terms of a franchise in effect on October 30, 1984. 20 For a discussion of the considerations that will bear upon determination of reasonable rates for commercial use by unaffiliated persons, see Section III. C., infra. 21 The term activated channels includes "dark" channels (i.e., channels which, are not being used but which are currently capable of being used). Committee Report at 49. It does not, however, include "channel capacity which the cable system might at some time in the future be capable of delivering, but is potential channel capacity that is not presently delivered to subscribers" channels on a "shadow" cable). Id. [Feb. 1985] II -15 A person aggrieved by a cable operator's violation of the requirements of section 612 (e.�., a commercial user or potential commercial user) may bring an action in the United States District Court for the judicial district in which the cable system is located. If the court finds a violation with respect to the failure to set aside channel capacity as required under section 612, or with regard to the price, terms or conditions set by the operator, it may award actual damages. Section 612(d). After the adjudication of a violation of section 612 by a cable operator, the aggrieved person may also petition the FCC for relief in subsequent cases. The FCC may order the operator to make the appropriate channel capacity available under prices, terms, and conditions that are consistent with section 612. Section 612(e)(1). If the FCC finds a pattern or practice of violations by the operator, it may establish rules or orders which assure that the cable operator provides the diversity of information required by section 612. Section 612(e)(2), (3). However, the prices, terms and conditions set by the cable operator for commercial use will be presumed to be reasonable and established in good faith, unless shown by clear and convincing evidence to the contrary. Section 612(f). At such time as cable systems with 36 or more activated channels are available to 70 percent of American households, and subscribed to by 70 percent of the households passed, the FCC is authorized by section 612 to promulgate additional rules necessary to provide diversity of information sources, regardless of other Provisions of the Act which prevent cable systems from being treated as common carriers and which limit the regulation of rates. Section 612(g). Section 612(h) provides that the provision of cable service under section 612 may be prohibited, or may be limited by conditions, if, in the judgment of the franchising authority, the service is obscene, or is in conflict with community standards in that it is "lewd, lascivious, filthy, or indecent 11 or is otherwise [Feb. 19851 iI-17 the broadcast station's signal.25 Section 613(a). Common carriers: A telephone common carrier is prohibited from providing: (1) video programming to subscribers in its telephone service area (section 613(b)(1)); or (2) channel capacity or pole line or conduit space to an entity which it owns or controls, if those facilities are to be used for the provision of video programming to subscribers in the telephone service area of the common carrier. Section 613(b)(2). The Act also establishes significant exceptions to these prohibitions. First, the restrictions on common carriers do not apply to the provision of video programming to subscribers by common carriers in telephone service areas which are rural areas. The FCC is responsible for defining "rural area." Section,613(b)(3)." Second, the FCC may waive the common carrier restrictions when justified by the circumstances, taking into consideration the policy behind the restrictions (i.e., preventing anticompetitive conduct by local telephone companies or the cross -subsidization of cable operations with revenues from telephone operations). Section 613(b)(4). The legislative history in both the House and the Senate evidences a strong commitment to the policy that telephone companies should not provide video programming directly to subscribers in their telephone service areas. The legislative history also 2S The term ."grade B contour" is defined in the Act as meaning the field strength of a television broadcast station computed in accordance with FCC regulations. Section 602(10). Under those regulations, the grade B contour of a television -broadcast station refers to the area in which 50 percent of the households are theoretically able to receive the station's signal 90 percent of the time. 47 C.F.R.§ 73.683-84, 76.5. 26 This provision will necessitate changes in present FCC rules which permit telephone company ownership of a cable system in rural areas when "no cable television system is under construction or in existence within the proposed cable television service area." Committee Report at 57. [Feb. 1985] II -19 6. Section 621 -- General FranchiseRequirements Section 621 expressly authorizes franchising authorities to award one or more franchises within their jurisdictions. Section 621(a)(1). Indeed, except in the case of cable operators that provided service without a franchise on July 1, 1984, a franchise is now required before a cable operator may provide cable service. Sections 621(b)(1), (2). In awarding a franchise, the franchising authority is specifically directed to assure that access to cable service is not denied to any group of -potential subscribers based upon the income of residents in the area where the group resides. Section 621(x)(3)." Additionally, Congress clearly contemplated that franchising authorities would look to qualifications and employ selection criteria that are not expressly set forth in the statute. In particular, the Committee Report stated that: "matters subject to state and local authority include, to the extent not addressed in the legislation, certain terms and conditions related to the grant of a franchise (e.g., duration of the franchise term, delineation of the service area), the construction and operation of the system (e.g., extension of service, safety standards, timetable for construction) and the enforcement and administration of a franchise (e._q_, reporting requirements, bonds, letters of credit, insurance and indemnification, condemnation, and transfers of ownership). Committee Report at 59. Presumably, when Congress directed that local governments be concerned about these and other matters, it contemplated that franchising authorities would have discretion to make judgments about which applicants _' This requirement does not mean, however, that cable operators must build line extensions to every home in a particular franchise area. 130 Cong. Rec. H10,441-42 (daily ed. Oct. 1, 1984). It merely prohibits discrimination on the basis of an area's average income. [Feb. 1985] II -21 7. Section 622 - Franchise Fees Under section 622, cable operators may be required by the terms of a franchise to pay a franchise. fee, provided that the fee for any 12 -month period does not exceed 5 percent of the cable operator's gross revenues derived from operation of the cable system during that period." Sections 622(a), (b). The fee need not be tied, as a matter of federal law, to the cost of regulation, and no FCC waivers will be required to establish a 5 percent fee in the franchise.33 To the extent that a franchise requires payment of a fee in excess of 5 percent of the system's gross revenues, the requirement is unenforceable." The franchise may provide for prepayment of the fee, or .permit payments to be deferred in order to collect higher fees in the later years of a franchise, so long as the total fee collected over the term of the franchise does not exceed the amount, including the time value of money, which could lawfully have been collected if the fee had been paid on an annual basis. Section 622(b). The Act does not specify how the time value of money must be computed; a reasonable rate of interest presumably [Footnote 31 continued from preceding page] provision to require the filing of informational tariffs for noncable services. For a more complete discussion of the jurisdictional impact of the Act, see Section III. A., infra. 32 The 12 -month period will be the period set forth in the franchise for accounting purposes. Section 622(b). 33 Cable operators in various jurisdictions may nevertheless contend that, as a matter of state or local law, franchise fees may not exceed the reasonable costs of regulation. See Section III. F., infra. 34 The relevant test, however, is 5 percent of gross revenues as defined by the Act. For example, a franchise that called for 6 percent of "gross revenues," based on a narrower definition, might, in practice, be fully enforceable, because the resulting payment could still be less than 5 percent of gross revenues as defined in the Act. [Feb. 1985] I1-23 franchise requirements for the provision of services, facilities or equipment." 130 Cong. Rec. H10,441 (daily ed_ Oct. 1, 1984) (remarks of Rep. Wirth). Thus, any PEG -related requirement properly established in accordance with section 611 may be collected in addition to the 5 percent franchise fee. Third, requirements or charges "incidental to the awarding or enforcing of the franchise" are excluded from the definition of a franchise fee. Section 622(g)(2)(D). Specific examples of these requirements in the Act are "payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages." Id.37 Fourth, the term franchise fee does not include copyright fees imposed on the cable operator underthe Copyright Royalty Act of 1976. Section 622(g)(2)(E). Finally, although not included in the language of the Act, it is clear from the legislative history that voluntary contributions by the franchisee to a public access -organization for the support of PEG access, in addition to payments for the capital costs of facilities and equipment, should not be counted against the 5 percent fee. See Committee Report at 65; 130 Cong. Rec. H10,441 (daily ed. Oct. 1, 1984) (remarks of Rep. Wirth and Rep. Bliley).38 To allow collection of the 5 percent fee from channel lessees, who bill subscribers directly, the Act provides that a franchising authority may impose a tax or fee on persons (other than the cable operator) for services provided over a cable system, for which payments are made to the service provider instead of the cable 37 In appropriate situations, the costs of consultants, experts, outside counsel and certain internal government costs should be chargeable against the cable franchise without any deduction from the permissible maximum fee. See Section III. F., infra. 38 In new franchises, one method of minimizing any risk that contributions or services provided by a cable franchisee to an independent access entity will be offset against the franchise fee may be to permit the access entity, or a group of persons on its behalf, to enter into a separate grant agreement with the cable operator, wholly apart from the terms of the franchise agreement. See Section III. B., infra. [Feb. 19851 II -25 authority should be able to retain that amount. Similarly, where payment has been discontinued by the operator in reliance upon FCC rules, the franchising authority is entitled to the discontinued payments, or, presumably, to any payments which have been placed in escrow. See 130 Cong. Rec. H12,241 (daily ed. Oct. 11, 1984) (remarks of Rep. Dingell). As expressed in the legislative history, the outcome of disputes over these payments should be resolved in accordance with the original intent of the parties.41 Except as expressly provided in section 622, the FCC is prohibited from regulating the amount of franchise fees or regulating the use of funds derived from such fees in the future. Section 622(i). S. Section 623 -- Regulation of Rates With respect to franchises granted after December 29, 1984, section 623 provides that a franchising authority may regulate rates for "basic cable service" only in circumstances, which the FCC is required to define by regulation, in which a cable system is not subject to effective competition. The FCC is required to prescribe final regulations which define the circumstances in which a cable system is not subject to effective competition, and establish standards for rate regulation in those circumstances, within 180 days after enactment of the Act (i.e., by April 28, 1985). Section 623(b). "Basic cable service" is defined in the Act as "any service tier which includes the retransmission of local television broadcast signals." Section 602(2). Since this definition differs from prior FCC definitions of basic cable service, some tiers which are now classified as basic cable service, for purposes of the Act, include services that previously were considered nonbasic services under the terms of various franchises."' 41 See Section III. F., infra. 42 A cable operator may not retier services in order to separate services that do not constitute the retransmission of local broadcast signals from basic cable service, and thereby remove those services from rate regulation, particularly during the two-year interim period discussed below. Under section 625 of the Act this is not permitted. Specifically, section 625(d) [Footnote continued on following page] [Feb. 1985] 11-27 1986). The legislative intent is clear that this two- year period applies even if the existing franchise expires during that time, and is renewed. See Committee Report at 66-67. However, if a state law in existence on December 29, 1984 deregulates rates for basic service, in whole or in part, the state law remains in.effect, to the extent of that deregulation, until December 29, 1986. Section 623(g). If a state has such a law, only those cable systems that are not deregulated or will not become deregulated under the terms of the state law are subject to the two-year period of rate regulation. 130 Cong. Rec. H12,236 (daily ed. Oct. 11, 1984). Section 823 also provides that, during this two- year transition period, a.franchising authority may, to the extent provided in the franchise: (1) require that a service tier be provided without charge (excluding necessary installation or rental charges); and (2) regulate initial installation charges and charges for the rental of a single converter per household in cases in which such equipment is necessary for a subscriber to receive basic cable service. Section 623(c). To the extent that rate regulation is permitted, franchising authorities must take final action within 180 days after receiving a request for a rate increase, or the rate increase will automatically take effect unless the franchising authority and the cable operator have agreed to an extension of the 180 -day period. Section 623(d). Regardless of the other provisions of section 623, a cable operator will enjoy, after December 29, 1984, a right to increase rates up to 5 percent per year," unless the franchise establishes a fixed rate or guaranteed rate. Section 623(e)(1). Section 623(e)(2) grandfathers provisions of franchises granted on or before December 29, 1984 which allow a cable operator to increase basic service rates in its discretion. However, section 623(e)(2) also provides that the 5 percent discretionary increase provided by section 623(e)(1) will be reduced by -the amount of any automatic increase taken under the provisions of a 46 If a portion of the automatic 5 percent increase is not taken in one year, it cannot be carried over to the next. [Feb. 1985] 11-29 9. Section 624 -- Regulation of Services, Facilities and Equipment With respect to franchises.granted after December 29, 1984, including franchise renewals, section 624 provides that the franchising authority may establish, in its REP, requirements for facilities and equipment that are related to the establishment or operation of a cable system. 4' The franchising authority may not, however, establish requirements for video programming or other information services in the RFP. Section 624(b)(1). A franchising authority may also include cable - related requirements in the franchise for facilities and equipment and for broad categories of video programming and other services,`'' and enforce those requirements unless they are modified under section 625 or with the consent of the franchising authority. In other words, RFP requirements and voluntary offers -made by a cable operator in a proposal or which result from franchise negotiations may be .reduced to enforceable franchise provisions. With respect to franchises in effect on December 29, 1984, specific service requirements, including requirements for the provision of particular programming services, may be enforced by the franchising `ie According to the Committee Report, requirements quirements for facilities and equipment which may be included in an. RFP include requirements which relate to "channel capacity; system configuration and capacity, including institutional and subscriber networks; headends and hubs; two-way capability; addressabili.ty; trunk and feeder cable; and any other facility or equipment requirement, which is related to the establishment and operation of a cable system, including microwave facilities, antennae, satellite earth stations, uplinks, studios and production facilities, vans and cameras for PEG use." Committee Report at 68. °s The Committee Report refers to "children's programming; programming in a particular foreign language; programming which is [of] primary interest to a particular minority group; news and public affairs programming; [and] sports programming" as examples of broad categories of video or other information programming. Committee Report at 68-69. [Feb. 1985] TI -31 may be regulated, in the provision of cable service,33 as a common carrier or as a utility. The franchising authority and the cable operator may specify in a franchise, however, that cable services that are obscene or otherwise unprotected by the United States Constitution may not be provided or will be provided only under certain conditions. Section 624(d)(1). Effective 180 days after the effective date of the Act (i.e., on June 25, 1985), cable operators are required to provide, by sale or lease, a device by which the subscriber can prohibit viewing of a particular cable service during selected times.S° 10. Section 625 -- Modification of Franchise Obli ations Section 625 permits operators to seek modifications of two categories of franchise requirements: those relating to "facilities and equipment," and those relating to services. Different standards apply to the modification of each category. First, for both new and existing franchises, section 625(a)(1)(A) provides that a cable operator may obtain modifications with respect to franchise 63 Cable service is defined as video programming or other information services available (but not necessarily provided) to all subscribers generally, together with subscriber interaction required to select or retrieve the programming or information. On the other hand, the nature and scope of permissible regulation of noncable services (e.g., data transmission) is left unresolved by the Act. State jurisdiction over the services, to the extent it exists, is thus preserved. Significantly, the legislation also left,undisturbed the potential for FCC preemption of state regulation in this area. A request for preemption is already pending before the FCC. See Section III. A:, infra. 316 While it is not absolutely clear, provisions in a number of franchises, which require that lock -out boxes be provided without charge, mays -continue to be enforceable under section 637, which grandfathers all provisions of franchises in effect as of December 29, 1984 that are not inconsistent with specific provisions of the Act. Cable operators may contend, however, that such provisions, in effect, impose a form of rate regulation in violation of section 623. [Feb. 1985) II -33 -- Microwave facilities -- Antennae -- Satellite earth stations -- Uplinks -- Studios and production facilities -- Vans and cameras for PEG use Committee Report at 68. Many franchise requirements clearly are not covered by the term "requirements for facilities and equipment." For example, provisions which address franchise fees, rates, security funds, and penalties would not be covered and therefore are not subject to modification under section 625. In addition, general procedural requirements, and general regulatory requirements -- no matter how allegedly - burdensome -- should not be covered. However, there may be some uncertainty as to whether or not certain franchise provisions, such as fines for failure to meet construction deadlines, may be modified under section 625(a)(1)(B).5s Second, section 625(a)(1)(B) provides that a cable operator may obtain modifications of the services required by a franchise by demonstrating that the "mix, quality, and level of services" required by the franchise at the time it was granted will be maintained after implementation of the proposed modification. A cable operator may not obtain modification under section 625, however, of any requirement for services relating to PEG access. Section 625(e).5° In addition to the foregoing modifications which require specific showings by the cable operator and the consent of the franchising authority, section 625 permits operators to make certain unilateral modifications. 55 See Section III. I., infra. Sr, For a discussion of the meaning of "service" and "mix, quality and level of services" as used in section 625, see Section III. I., infra. [Feb. 1985] II -35 notice of the adverse decision, in either the federal court in the district in which the cable system is located, or in any state court of general jurisdiction having jurisdiction over the parties. The court may award relief consistent with the provisions of section 625. Sections 625(b), 635. 11. Section 626 -- Renewal One of the express purposes of the Act is to establish an orderly process for franchise renewal which protects the cable operator against unfair denials of renewal where the cable operator's past performance and proposal for future performance meet the standards established by the Act. However, the Act does not establish a presumption in favor of renewal. Moreover, although section 626 establishes standards and procedures to be used in connection with consideration of renewal requests, the section still permits the exercise of considerable discretion as to whether to grant or deny renewal. The renewal procedure specified in section 626 must be commenced during the six-month period which begins three years before the expiration of the franchise." During that six-month period, the franchising authority must, if the cable operator requests, and may, on its own initiative, commence proceedings in order to identify the future cable -related needs and interests of the community and to review the performance of the cable operator during the current franchise term. Section 626(a). These proceedings must afford the public in the franchise area appropriate notice and an opportunity to participate. After the completion of these initial proceedings, either at the request of the franchising authority, or on its own initiative, the cable operator may submit a proposal for renewal. The franchising authority may, in its request for a -renewal proposal, specify any requirements that are permitted under various provisions of the Act, such as sections 611, 624, or 632, including Proposals for an upgrade of the cable system, and may specify a date by which the renewal proposal must be submitted. ti sa The Act contemplates that franchises will be granted for fixed terms, usually between 10 and 15 years. Committee Report at 25. [Feb. 1985 ] II -37 (4) whether the operator's proposal is reasonable to meet the future needs and interests of the community, taking into account the cost of meeting those needs. Following the administrative proceeding, the franchising authority must, based on the record of the proceeding, issue a written decision granting or denying the renewal proposal. The decision must state the reasons on which it is based, and a copy of the decision must be provided to the operator. If renewal is denied, the decision must be based on one or more adverse findings under the criteria listed above. A franchising authority may not deny a renewal proposal on the basis of the cable operator's failure to comply with the material terms of a franchise or inadequate performance: (1) in cases in which the franchise violation or events reflecting an inadequate performance occurred after December 29, 1984, unless the franchising authority has given the operator notice and an opportunity to cure the problems in question; or (2) in cases in which the franchising authority had earlier acquiesced to the conduct that it objects to during the renewal proceeding, including cases in which the franchising authority waived its right to object prior to the enactment of the Act. Section 626(d).611 If the franchising authority makes a final decision62 denying the operator's renewal proposal or fails to act in accordance with the procedural requirements of section 626, the cable operator may file an action seeking judicial review in either the United States District Court for any judicial district in which the cable system is located or in any state court of general jurisdiction having jurisdiction over the parties. To obtain relief from a court, the cable operator must demonstrate that the adverse finding of 61 This will require that franchising authorities be especially careful not to take actions during the course of a franchise term which could be construed as a waiver of compliance with material terms of the franchise. See Section III. J., infra. 62 A decision of a franchising authority on a proposal for renewal is not considered final unless all administrative review by the state (if any is permitted under state law) has occurred or the opportunity for such review has lapsed. [Feb. 1985] Ii -39 13. Section 631 --_-Privacy Protections Section 631 contains a variety of provisions and requirements which are intended to prevent the misuse of information about individual subscribers by cable operators. Section 631 reflects the concern of Congress that: "[c]able systems, particularly those with a 'two-way' capability, have an enormous capacity to collect and store personally identifiable information about each cable subscriber. Subscriber records from interactive systems can reveal details about bank transactions, shopping habits, Political contributions, viewing habits and other significant personal decisions." Committee Report at 29. At the time a cable operator initially provides service to a subscriber, and at least once a year thereafter, it must provide the subscriber with written notice of the following: (1) the nature of any "personally identifiable information" 66 which has been or will be collected with respect to the subscriber, and the use of that information; (2) the nature, frequency and purpose of any disclosure which may be.made of personally identifiable information, including the identification of the types of persons to whom disclosure may be made; (3) the time period in which the cable operator will maintain this information; (4) the time and place where the subscriber may have access to the information;67 and 66 "Personally identifiable information" does not include aggregate data which does not identify a particular person. Section 631(a)(2). 67 The subscriber must have access to the information at "reasonable" times and at a "convenient" place designated by the cable operator. The subscriber must also be given a "reasonable" opportunity to correct any error in the information. Section 631(d). [Feb. 198s II -41 A cable operator must destroy personally identifiable information which is no longer needed for the purpose for which it was originally collected unless there is a pending request or order for subscriber access to the information under section 631(d), discussed above, or pursuant to.a court order. Section 631(e). Any person aggrieved by a cable operator's violation of section 631 may bring a civil action in a United States District Court. The court may award: (1) actual damages, but not less than liquidated damages of $100 per day for each violation or $1,000, whichever is greater; (2) punitive damages; and (3) reasonable attorneys' fees and other litigation costs. Section 631(f). States and franchising authorities may also enact and enforce laws consistent with -section 631 to protect subscriber privacy. Section 631(8). The remedies provided under section 631 are in addition to any other lawful remedies available to the subscriber. Section 631(f)(3). 14. Section 632 -- Consumer Protection Section 632 permits a franchising authority to require and enforce, to the extent consistent with the Act, franchise provisions regarding customer service issues, construction schedules, and other "construction - related requirements." In addition, states and franchising authorities may enact or enforce their own consumer protection laws, provided that those laws are not inconsistent with other provisions of the Act. The customer service requirements which may be enforced under section 632 refer to requirements incidental to the "direct business relation between" a cable operator and a subscriber and may include, among others, requirements related to "interruption of service; disconnection; rebates and credits to consumers; deadlines to respond to consumer requests or complaints; the location of the cable operator's consumer service offices; and the provision to customers (or potential customers) of information on billing or services." Committee Report at 79. Most franchises have numerous provisions which address "construction -related requirements," and section 632 provides an enforcement mechanism for these [Feb. 19851 II -43 16. Section 634 -- Equal Employment Opportunity Section .634 essentially codifies current FCC Policies regarding the equal employment opportunity responsibilities of cable operators. 71 Systems with 50 or more subscribers are required to establish and maintain an equal employment opportunity program. Systems with more than five employees must file an annual report with the FCC identifying by race and sex the number Of full-time and part-time employees in nine different job categories. Failure to comply can result in $200 per day fines, suspension of CARS band microwave licenses, and public notice of noncompliance. Section 634 applies to any entity engaged primarily in the management or operation of a cable system. For purposes of section 634, the term "cable operator" includes any operator of a satellite master antenna television system, but does not include an operator of any system which serves fewer than 50 subscribers. Sections 634(h)(1), (2).72 Section 634 provides that equal employment opportunity must be afforded by each covered entity, and that no person may be discriminated against because of race, color, religion, national origin, age -or sex. Section 634(b). Additionally, every entity covered by section 634 must establish, maintain and execute a positive, continuing program of specific practices designed to ensure equal employment opportunity in every aspect of its policies and practices.73 Within 270 days of the effective date of the Act (i.e., by September 25, 1985), the FCC must prescribe 71 While both cable operators and MSO headquarters must establish written equal employment opportunity plans, Congress clarified that the failure to employ members of minority groups or women at prescribed parity levels would not in itself constitute a violation of the Act. 72 If the owner of an SMATV system is also the owner of a multiple dwelling unit, section 634 only applies to its employees primarily engaged in cable -related work. Section 634 does apply, however, to all cable operators, as defined, whether the franchise was granted before or after the date of enactment of the Act. 73 See Section 1II, 0., infra. [Feb. 1985] II -45 the operator's ability to obtain renewal or transfer ownership of the system. However, willful or repeated violations may be grounds for denying renewal of a franchise. Committee Report at 91-92. Section 634 provides that states and franchising authorities -may establish or enforce any requirements consistent with the requirements in section 534, and may also establish any provision requiring or encouraging cable operators to conduct business with minority-owned or controlled groups or local businesses. Additionally, franchising authorities may enforce any requirement of a franchise in effect on December 29, 1984, and the remedies and enforcement provisions of section 634 are in addition to those available under other laws. Section 634(1). 17. Section 635 -- Judicial Proceedings If a franchising authority makes a final determination adverse to the cable operator in a modification proceeding under section 625, or with respect to a renewal proceeding under section 626, the cable operator may commence an action seeking review in a court within 120 days after receiving notice of the decision. The action may be brought in either the United States District Court for the district in which the cable system is located, or in a state court of general jurisdiction which has jurisdiction over the parties.76 18. Section 636 -- Coordination of Federal, State, and Local Authorit Section 636 clarifies that the Act does not affect the authority of states and localities regarding matters of public health, safety and welfare, to the extent consistent with the express provisions of the Act. In other words, a local government retains general police Powers, except where specific provisions of the Act limit those powers. Section 636 provides that states may continue to exercise jurisdiction over cable services -- again, to the extent consistent with the Act. On the other hand, section 636 states that state cr local laws and franchise provisions which are inconsistent with the Act are preempted and superseded by the Act. Section 636(c). 's The standards which the reviewing court must apply are set forth, respectively, in sections 625 and 626. (Feb. 1985] 4 II -47 Rather, the authoriti of states and localities is not affected by the Act or any other provision of the Communications Act of 1934. See 130 Cong. Rec. 514,289 (daily ed. Oct. 11, 1984). 21. Section 639 -- Obscene'Pro rammin Section 639 makes the transmission over a cable system of obscene material, or material that is "otherwise unprotected by the Constitution of the United States," a federal crime. Such transmissions are punishable by a fine of up to $10,000, or imprisonment for up to two years, or both. The intent of section 639 is to make unlawful, to the maximum practicable extent, obscene or similarly lewd or indecent material. Rather than barring indecent materials, however, Congress chose to more generally prohibit, in addition to obscene programming, programming which is "otherwise unprotected by the Constitution of the United States." In enforcement actions under section 639, which would be brought by the United States Attorney for the applicable jurisdiction, a likely issue will be whether the section adequately defines the offense for purposes of criminal prosecution.79 22. Miscellaneous Provisions . In addition to creating a new Title VI to the Communications Act of 1934, the Act adds several other new provision to the Communications Act. a. Pole Attachment Fees Section 4 of the Act addresses the authority of states to regulate pole attachments, through an amendment to section 224(c) of the Communications Act of 1934. In essence, this provision strengthens the federal pole attachment law by requiring .states that assert jurisdiction to establish rules and regulations for pole attachments and effective procedures to resolve 79 See Section III. Q., infra. The legislative history indicates that Congress intended the prohibitions against "obscene" and "otherwise: unprotected" programming to be separate and severable, and that the prohibition against obscenity should remain in effect even if the prohibition against "otherwise unprotected" programming is overturned by the courts. See 130 Cong. Rec. H12,243 (daily ed. Oct. 11, 1984). [Feb. 1985] s II -49 of direct or indirect commercial advantage or financial gain may be fined up to $25,000, or imprisoned for up to one year, or both for the first conviction. For subsequent convictions, the person may be fined up to $50,000, or imprisoned for up to two years, or both. Moreover, any person who imports, manufactures, sells or distributes equipment with the intent that it be used to assist activity that is prohibited under section 705 will be subject to the same penalties as any other violator of section 705. A person that is aggrieved by a violation of section 705 may also commence a civil action in a United States District Court or in any other court of competent jurisdiction. The court may grant appropriate relief, including injunctive relief, costs (including reasonable attorneys' fees to an aggrieved party who prevails), and damages. As aggrieved person may elect to collect either actual or statutory damages under section 705(d)(3)(C)(i). If the aggrieved party elects actual damages, it may also recover the profits of the violator attributable to the violation which are not included in actual damages. With respect to the violator's profits, the aggrieved party must only prove the violator's gross revenue. The violator must then prove deductible expenses and the amount of profit attributable to factors other than the violation. Statutory damages for each violation may be assessed of not less than $250 or more than $10,000, as the court considers just and proper. Additionally, if the court finds that the violation was willful and for purposes of direct or indirect commercial advantage or private financial gain, it may increase the award of damages up to $50,000. Conversely, if the court finds that the violator did not know and had no reason to believe that his acts were a violation of section 705, it may reduce the award of damages to as little as $100. . Section 705 does not prevent from enacting or enforcing any laws the importation, sale, manufacture equipment by persons who intend to prohibited by section 705. (Feb. 1985] states or localities with respect to or distribution of assist the activity . 4 ORDINANCE NO. 25A (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 4 OF ORDINANCE NO. 25 (1989) PERTAINING TO THE POWERS AND DUTIES OF THE CITY PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 4 of Ordinance No. 25 (1989), as heretofore adopted, hereby is amended to read, in words and figures, as follows: "Section 4. Powers and Duties. "The Planning Commission shall have power to do and perform such acts and carry out and put into effect such plans and programs as are provided by and pursuant to the provisions of the State Planning Act, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps." Section 2. 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. 1990. ADOPTED AND APPROVED this day of 1 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 , 19901 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: .City Clerk, City of Diamond Bar Sl1012k0RDPLAN%DR 1.3B 2 AGFND,A NO. c_ CITY OF DIAMOND BAR AGENDA REPORT ---------------------------------------------------- DATE: March 14, 1990 MEETING DATES/20/90 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis A. Taran9*cting Planning Director Per City Council direction, the applicant (Mobil Oil Corporation) has submitted a revised landscaping plan which shows the additional requested landscaping area around the car wash. This has been hi -lighted in blue for your convenience. After consultinc with the Mobil Oil Corporation Engineer, the said area, as it appears on the plans represents the maximum amount of landscaping area that can be provided without encroaching into the required truck access. Recommendation: It is recommended the Council approve the revised landscaping plan as submitted. Wra:"v_ con:'%EC or n?x: n`or?E recess'yri FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: RE ED Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant Agenda No. 24 See Planning Dept. files for landscape drawing for Mobil Oil Corp. car wash. CITY OF DIAMOND BAR AGENDA REPORT March 15, 1990 COUNCIL DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: INTERSECTION OF DIAMOND BAR BOULEVARD AND. GRAND AVENUE The City Council at their last regular meeting of March 6, 1990, requested staff to review the concept of the proposed double left turn pockets on Diamond Bar Boulevard to determine if it was feasible to have the southbound left turn movement retain the single left turn lane rather than the previously approved concept of two lanes. We have again reviewed existing and projected volumes and feel strongly that a double left turn lane is necessary as the storage area in the existing pocket will be inadequate for peak hours and would cause vehicles to block the number one through lane and increase the potential for rear end accidents. To increase the storage of the existing left turn lane would effect the storage of the left turn lane just immediately north of the subject location as well as increasing the cycle length. The purpose of the double left turn lanes is two fold; it provides for greater capacity while minimizing the green time phase for the protected movement. The cycle length at this intersection is critical and the double left turn pockets will allow for optimum timing strategies. We also realize the necessity to have aesthetically pleasing street scape and will make every attempt possible to effect that aspect in the remaining median areas. RECOMMENDATION: It is recommended that the City Council reaffirm their position of approval of the concept of double left turn pockets on Diamond Bar Boulevard at Grand Avenue. RLK: nb:W97: dbcc:grandldb-blvd.trn .FlLiCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: Revenue Source: ED --- -- ---_____ Robert L. Van Nort City Manager (Narrative continued on next page if necessary) - Andrew V. Arczynski Linda Magnuson - City Attorney Sr. Accountant CITY OF DIAMOND BAR AGENDA REPORT March 16, 1990 AGENDA DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEERA*<. SUBJECT: GRAND AVENUE TRAFFIC IMPROVEMENTS The attached "Gantt Chart" depicts the scheduling of various proposed improvements along the Grand Avenue corridor in anticipation of the opening of Grand Avenue into Chino Hills. The traffic signal improvements are moving along on a modified "fast track" program wherein the long lead time for delivery of poles is being minimized by ordering them separately and in advance of final plans, At the present time the poles for Diamond Bar Boulevard at Grand Avenue are to be considered for award of purchase at the meeting of March 20, 1990 and three, other intersections; Longview, summit Ridge and Shotgun are scheduled for April. Two other intersections, Montifino (Fire Station) and Rolling Knoll are in the final stage of preliminary design with concept considerations to be presented to the City Council in April. All of the traffic improvements set forth in the "schedule" with the exception of those at Golden Springs Road are proposed for completion by September 1, 1990 - the scheduled date of opening Grand Avenue to Chino Hills. With regard to the opening of Grand Avenue to Chino Hills the attached Construction Schedule of Chino Hills Parkway prepared by the office of the Chino Hills Manager still indicates a completion date of September 1, 1990, even though the project is presently behind schedule. There are provisions within the existing and future contracts to accelerate the construction and I am sure that the provisions will be implemented as weather permits. (Narrative continued on next page if necessary) X 1at;A1J IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: Robert L. Van Nort Andrnw V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant City Council - March 20, 1990 Grand Avenue - Update Page 2 We are continuing to monitor the construction progress of Chino Hills Parkway and our next regular meeting of March 28th should produce more definition and realistic completion dates for the various phases of construction. RLK: nb.2098:dbcc:g rand update Vr, z LO r V F— ��J LL LLQ Z cc 0 0 z 0 m O LU n 0 0 a o z i o m U O ' 0 m c_ fL s . 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Integrated Solid Waste Act of 1989 (AB 939). FISCAL ANALYSIS• The establishment of a policy itself will have no fiscal impact. However, as the City becomes more involved with the implementation of the policy, there will be costs related to recycling, public education, purchasing recycled items and implementation of the Solid Waste Act. BACKGROUND• The solid waste disposal crisis is literally affecting all cities in the nation. With the Governor's signature on AB 939, recycling is now the law in California. The City of Diamond Bar, along with the County and other cities in the region, is involved in implementing a region --wide program to meet the requirements of the new law and to conserve natural resources. The attached policy establishes a basic strategy and framework for the recycling effort to be established in the near future. This effort will include a proposed curbside program, a public information program, grant applications, and other efforts to divert solid waste from the landfills. With a general recycling policy established, staff will be able to proceed with the process of implementing various programs. The policy is a positive indication that the City is supportive of recycling. Respectfull ubmitted,� J hn Forbing Councilman RECYCLING POLICY FOR THE CITY OF DIAMOND BAR BACKGROUND The Los Angeles County region has reached a crisis situation in the area of landfill disposal capacity. As a result of an increase in per capita solid waste generation rate and continuing increases in population, Los Angeles County's landfill capacity is being exhausted at a much faster rate than was anticipated. Additionally, public resistance to the expansion of existing landfills, or to the citing of new landfills and resource recovery facilities, is adding to the difficulty in resolving the crisis. The need for landfills as part of the Region's solid waste system will continue for the foreseeable future. It is necessary, therefore, to optimize the use of our remaining disposal capacity, by reserving the capacity for the disposal of materials for which there are no viable disposal alternatives, and seeking new alternatives. The recycling of solid wastes through source separation and mechanical separation programs offers the potential for diverting significant amounts of waste from landfill disposal. Additionally, recycling programs can be implemented in less time and at a lower capital cost than traditional solid waste management facilities. It is important, however, to recognize that recycling, by itself, cannot dispose of the Region's entire waste stream, and does not eliminate the need for other means of disposal. Recycling should play an increasingly important role in the overall solid waste management- strategy, since it can divert materials from landfill disposal, conserve energy and natural resources, preserve open space and create employment opportunities. In developing a recycling policy it is important to consider the limitations on recycling caused by fluctuating markets, changes in waste stream composition and in recycling strategy. PURPOSE Because of the many benefits which can be derived from an effective recycling program, it is important that a strong "recycling ethic" be developed and supported by the City Council, staff and the citizens of Diamond Bar. The purpose of this policy is to express the City's commitment to recycling as an integral part of the Region's comprehensive solid waste management strategy and to provide guidance in the development and implementation of a City wide recycling program. POLICY To the extent that a significant portion of the solid wastes currently disposed of in Los Angeles County landfills are not truly "wastes," but are actually recoverable resources, it is the policy of the Diamond Bar City Council that the City shall actively support a comprehensive recycling program to optimize the recovery and reuse of materials. The City's impact on the recycling of solid wastes varies with the degree of its involvement in recycling activities. The policy of the City in these areas is as follows: A. Recycling Goal It is the goal of the City that a comprehensive recycling program be developed and implemented for the purpose of recycling 25 percent of the solid wastes generated in the City of Diamond Bar by January 1, 1995 in agreement with the standards established by the provisions of the California Integrated Solid Waste Act of 1989. B. Recycling Implementation Plan To achieve the 25 percent recycling goal, an action plan shall be developed in the following areas: 1. Public Education The degree of success in recycling programs, as measured by the level of participation and the amount of material recycled, is directly proportional to the quantity and quality of recycling information to the citizens of Diamond Bar. It is the City's policy to educate the citizens and encourage the implementation of and participation in recycling programs. 2. Public Convenience It is the policy of the City that the convenience of the public participation in recycling programs be taken into consideration in the design of recycling programs. 3. Recycling Programs It is the policy of the City to encourage the initiation and development of recycling programs in cooperation with other governmental agencies and the private sector which include, but are not limited to: a. Residential source separation collection programs for single and multi -family dwellings b. Commercial/industrial recycling programs C. Composting d. Recycling Centers Materials within the waste stream that are to be targeted for recycling to the extent technically, economically and environmentally feasible shall include, but not be limited to: a. All classes of paper b. Glass C. Ferrous and non-ferrous metals d. Plastics e. Household and commercial goods f. Construction and demolition materials g. Plant debris and landscaping materials h. Inert materials such as pavement, rocks and tires To the extent economically and operationally feasible, the City will actively pursue the recycling of materials from its daily operations, particularly in the area of paper and automotive products. Additionally, the City will continue to support programs which are effective methods for reducing the amount of materials sent to the landfills. 4. City Purchasing Practices The City will examine its purchasing specifications and modify them to allow the use of and give preference to products produced from recycled materials. The City encourages purchasing items that can be reused and easily recycled. The City will establish a written policy for the purchase of recycled items. The maximum use of post- consumer waste content shall be used. 5. Recycling Economics It is the policy of the City to consider recycling programs as alternatives to existing solid waste management and disposal programs and, as such, recycling programs shall not be expected to operate solely on revenues generated from the sale of recovered materials. In evaluating the costs of recycling programs, consideration shall be given to the quantities of materials diverted from landfill disposal and the marginal costs of traditional collection and disposal methods. 6. Legislation It is the policy of the City to support State and Federal legislation that encourages recycling, removes barriers to recycling, provides funding for local recycling programs, or promotes waste reduction. At the same time, the City will oppose legislation which would reduce local control and autonomy in dealing effectively with solid waste management. 7. Rel tionship to Comprehensive Solid Waste Management Program While recycling in an important element in the City's and County's waste management strategy, it is important to recognize that recycling will not eliminate the need for other environmentally safe and economically sound disposal technologies, facilities and programs in the comprehensive program for the management and disposal of the Region's solid waste. 8. Recycling Program Review Council will review the City's progress in the implementation of the recycling programs and the achievement of the recycling goals identified in this policy on an annual basis. F I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council FROM: John Forbing, Councilman SUBJECT: Purchasing Policy: Recycled Products DATE: March 15, 1990 RECOMMENDATION• It is recommended that City Council establish by resolution a purchasing policy for recycled products. FISCAL IMPACT: Recycled items usually cost between 10 and 30 percent more than virgin material items. The main impact of this policy will be in the area of paper procurement. DISCUSSION: Los Angeles County, the State of California, and the nation generally has reached a crisis situation in the area of solid waste disposal. Recycling efforts are rapidly expanding locally and regionally. However, the. markets for recycled items are decreasing because of gluts resulting from an over abundance of recycled materials. A good example of market glut is in the area of recycling old newspapers (ONP). Last April, the average price paid for ONP was $48 per ton. This recently dropped to $20 per ton and is expected to drop to $5 per ton. Some recyclers are having a difficult time in finding a market for ONP. This situation also applies to recycled glass. The problem is basically a supply and demand issue --there is an abundant supply, but demand has been low. To help alleviate this situation, many organizations including government agencies are establishing policies to purchase recycled paper and other items. Staff is beginning to look at recycled products as alternatives. The attached resolution and purchasing policy will provide clear direction to staff in the procurement of recycled products. :77 ctful y submitte,'— John Forbing Councilman RESOLUTION NO. 90 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING POLICY FOR RECYCLED PRODUCTS WHEREAS, the volume of material disposed of at County sanitary landfills has been increasing annually; and WHEREAS, sanitary landfill space is at a premium, and it is becoming increasingly difficult to site new landfills; and WHEREAS, much of the material that enters the waste stream can be recycled and reused or incorporated in the manufacture of new products; and WHEREAS, City participation in and promotion of recycling programs can significantly reduce the volume of material entering the waste stream thereby extending landfill life expectancy and reducing expenses; and WHEREAS, the State Integrated Solid Waste Management Act of 1989 (AB 939) mandates cities to reduce their waste stream to sanitary landfills by 25% in 1995 and 50% in the year 2000; and WHEREAS, for recycling programs to be effective, markets must be developed for products which incorporate post consumer materials in their manufacture; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: 1. That the above recitations are true. 2. That a purchasing policy for recycled products will be established to read as set forth in Exhibit A. PASSED APPROVED AND ADOPTED this day of March, 1990. Mayor 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar ,e PURCHASING POLICY: RECYCLED PRODUCTS PURPOSE It is the intent of the City Council that the City of Diamond Bar take a leadership role not only in recycling its waste products but also in the purchase of recycled products for use in the delivery of City services. It is the purpose of this section to provide direction to the City Manager and the Purchasing Agent in the procurement and use of recycled products. POLICY A. It is the policy of the City of Diamond Bar to purchase and use recycled products whenever possible to the extent that such use does not negatively impact health, safety, or operational efficiency. B. Purchase of products which cannot be recycled or reused is strongly discouraged. C. Recycled paper shall be purchased and used in all copy machines which will accept it and shall also be used for as many .printing purposes as possible. City departments and divisions shall use for their masthead stationery, envelopes, and business cards recycled paper which includes both secondary and post -consumer recycled content. To the maximum extent possible post -consumer recycled content paper shall be used. The percentages of post -consumer and secondary content shall be spelled out in the bid specifications for letterhead and other paper grades based on maximum industry availability. A recycled paper designation shall be printed on all City stationery using recycled paper. D. City departments shall examine their purchasing specifications and, where feasible, restructure them to require the use of products which incorporate recycled materials in their manufacture. These materials shall include, but no be limited to the following: 1. All paper products 2. Plastic materials 3. Glass materials 4. Oil based products 5. Carstops 6. Containers 7. Metal Products S. Construction and commercial goods E. The City shall cooperatewith the County of Los Angeles and other governmental agencies in the development of programs ad procedures which will further this policy. I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council FROM: John Forbing, Councilman SUBJECT: Purchasing Policy: Recycled Products DATE: March 15, 1990 RECOMMENDATION: It is recommended that City Council establish by resolution a purchasing policy for recycled products. FISCAL IMPACT: Recycled items usually cost between 10 and 30 percent more than virgin material items. The main impact of this policy will be in the area of paper procurement. DISCUSSION: Los Angeles County, the State of California, and the nation generally has reached a crisis situation in the area of solid waste disposal. Recycling efforts are rapidly expanding locally and regionally. However, the.markets for recycled items are decreasing because of gluts resulting from an over abundance of recycled materials. A good example of market glut is in the area of recycling old newspapers (ONP). Last April, the average price paid for ONP was $48 per ton. This recently dropped to $20 per ton and is expected to drop to $5 per ton. Some recyclers are having a difficult time in finding a market for ONP. This situation also applies to recycled glass. The problem is basically a supply and demand issue --there is an abundant supply, but demand has been low. To help alleviate this situation, many organizations including government agencies are establishing policies to purchase recycled paper and other items. Staff is beginning to look at recycled products as alternatives. The attached resolution and purchasing policy will provide clear direction to staff in the procurement of recycled products. Respectfulsubmitte , John Forbing Councilman RESOLUTION NO. 90 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING POLICY FOR RECYCLED PRODUCTS WHEREAS, the volume of material disposed of at County sanitary landfills has been increasing annually; and WHEREAS, sanitary landfill space is at a premium, and it is becoming increasingly difficult to site new landfills; and WHEREAS, much of the material that enters the waste stream can be recycled and reused or incorporated in the manufacture of new products; and WHEREAS, City participation in and promotion of recycling programs can significantly reduce the volume of material entering the waste stream thereby extending landfill life expectancy and reducing expenses; and WHEREAS, the State Integrated Solid Waste Management Act of 1989 (AB 939) mandates cities to reduce their waste stream to sanitary landfills by 25% in 1995 and 50% in the year 2000; and WHEREAS, for recycling programs to be effective, markets must be developed for products which incorporate post consumer materials in their manufacture; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: 1. That the above recitations are true. 2. That a purchasing policy for recycled products will be established to read as set forth in Exhibit A. PASSED APPROVED AND ADOPTED this day of March, 1990. Mayor 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 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar AGENDA NO. �2 CITY OF DIAMOND BAR AGENDA REPORT ------------------------------------------------------------------------------ ---__ ------------------------------------------------------------------------- DATE: March 14, 1990 MEETING DATE: March 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Joann M. Saul, Financial Management Assistant SUMMARY: As stated in the "Request for Proposal for the Collection and Disposal of Residential, Commercial, and Industrial Garbage and Rubbish" a proposer's meeting was held at the Walnut Valley Unified School District Board Room on March 13, 1990. The meeting was held so that the prospective proposers.could question and comment on the Request for proposal. Numerous points were raised during the meeting to which Mr. Van Nort and myself were unable to respond. Upon completion of the meeting, a memorandum was sent to Andy Arczynski's office for his opinion on the points in question. The following are the elements inquired about and the City Attorney's and Staff's responses: 1. On page 11 (,agreement) there is reference to an "Exhibit E - Fleet Replacement Schedule", who's responsibility is the schedule? * The Fleet Replacement Schedule is to be provided by the proposer as part of the proposal. 2. After the award of the franchise, can the haulers who decide to remain in the area for the five (5) year period decrease/increase their rates? * This is not a question pertaining to the submission of proposals. This question can be discussed and decided upon at a future date. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: ;REV DY- ------------- --1 ---------------------- -------------------- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant Page Two 3. Can the requirements that need to be met by haulers who continue to operate in the area during the 5 year phase out period be clarified? * Same as above. 4. Is residential, commercial, and industrial pickup mandatory in the City of Diamond Bar? * Yes. 5. What happens to the successful proposer's Proposer's Bond? * Upon signing of the contract the bond will be returned. 6. Clarify the definition of: a. Residential -"Each place used for residential purposes, including the following, but not restricted to: Single-family dwellings, multi- family dwellings, apartments and/or condominiums containing four units or less, townhouses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, but not including hospitals, convalescent homes, hotels, and motels." (Page 6 - Ordinance) b. Commercial- "Buildings, structures, and areas used principally for business, commercial or industrial purposes, and including the following: hotels, motels, apartment buildings containing more than four apartments, condominium buildings containing more than four condominiums, and including all other places that are not defined as residential units. (Page 3 - Ordinance) C. industrial- Synonymous with commercial. 7. Age of the equipment to be used * "Contractor agrees to place into service new vehicles, meeting all requirements therefore set forth in the specifications..." (Page 11 - Contract) Other areas of question brought to staff's attention include: 1. Type of collection- Automated versus Manual: Concern was expressed in this area because of the cost differential in the two methods (especially initial outlay costs). It is felt by staff that the idea behind the Request for Proposal was to see what kind of responses would be received by the various proposers and that Council had not made a final determination of the method of collection desired. It is staff's position that all proposers should have the option of submitting two proposals, one for automated collection, one for manual. This option will permit the selection committee, and Council, to compare "apples to apples" when making a determination. 2. Type of Franchise- Exclusive versus Non Exclusive In order to figure their costs more accurately, it was felt by the proposers that it was necessary to know if one or more companies would t Page Three be parties to the final contract. In consulting the City Attorney on the matter, staff determined that this information was not required for preparation of the proposal. It will be Council's determination after the proposals are received to determine if the City should have an exclusive or non-exclusive franchise. RECOMMENDATION: 1. Authorize staff to prepare an addendum to the R.F.P. covering the topics of concern as presented to be mailed to the various proposers or as an alternative prepare modifications as necessary. 2. Extend submission date to April 20, 1990 at 3:00 p.m. CITY OF DIAMOND BAR AGENDA REPORT March 14, 1990 AGENDA DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER a, ` SUBJECT: COLIMA ROAD - WESTERLY CITY LIMIT TO BREA CANYON ROAD INCLUDING INTERSECTION OF GONA COURT (CROSS KEYS COMMUNITY) - TI # 113 The Traffic and Transportation Committee considered these two matters at their regular meetings of February 1 and March 1, 1990. The issues were blocking of Gona Court during peak hours and the need for additional traffic lanes and no parking areas in the vicinity of Brea Canyon Road and On-off ramps of the Pomona Freeway. While the problem of blocking of ingress and egress from Gona Court has been on going, the recent addition of left turn phasing of the traffic signal system on Colima Road at the on-off ramps has further exacerbated the situation. And with the general increase of traffic volumes it is necessary to add additional traffic lanes to accommodate an efficient flow of traffic in the subject area. To improve the Gona Court situation it has been recommended to provide a "right turn lane only" for east bound Colima Road in advance of Gona Court and then for the remaining curb lane to Brea Canyon Road, establish a "right -turn lane only" which will allow right turns into the shopping center and a "right -turn lane only" at the intersection of Brea Canyon Road. In addition to the "right -turn only" lane for Gona Court a standard DO NOT BLOCK INTERSECTION sign is proposed. To effect the necessary lane additions and designations it will be necessary to prohibit on street parking on Colima Road between the westerly City limit and Brea Canyon Road. FISCAL IMPACT: Amount Requestea $ Budgeted Amount $ In Account Number: Deficit: $ Revenge Source: REV D Robert L. Van Nort City Manager (Narrative continued on next page if necessary) Andrew V. Arczynski Linda Magnuson ----- City Attorney Sr. Accountant City Council - March 20, 1990 Colima Road & Gona Court RECOMMENDATION: Page 2 It is recommended that the City Council approve the recommendations of the Traffic and Transportation Committee relative to the "Right -turn lanes only" on Colima Road eastbound and adopt the appropriate Ordinance prohibiting parking on. Colima Road between the West City Limit and Brea Canyon Road. RLK:n b:2088:db-moolimaArf ORDINANCE NO. (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING PARKING, AT ALL TIMES, ON THE NORTH AND THE SOUTH SIDES OF COLIMA ROAD FROM ITS INTERSECTION WITH BREA CANYON ROAD AND THE WEST CITY LIMITS AND PRESCRIBING PENALTIES FOR VIOLATION HEREOF. A. Recitals. (i) California Vehicle Code Section 22507 provides, in pertinent part, as follows: "Local authorities may, . . . prohibit or restrict the stopping, parking or standing of vehicles, . . . on certain streets or highways, or portions thereof, during all or certain hours of the day. . . .it (ii) The stopping, parking and standing of vehicles along Colima Road from its intersection with Brea Canyon Road and the west City limits, has created sight distance problems, and is annoying to residents in the subject area. (ii) 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 ordain as follows: SECTION 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2. No person shall stop, stand or park any vehicle along either the north side or the south side of Colima 1 Road, from its intersection with Brea Canyon Road to the westerly City limits of the City of Diamond Bar, at any time. SECTION 3. The City Engineer hereby is authorized and directed to post signs giving notice of the prohibition of stopping, standing or parking set forth herein along said street. 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 89-5. 1990. ADOPTED AND APPROVED this day of 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 1990 and was finally passed at a regular meeting of the City Council 2 of the City of Diamond Bar held on the day of 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar SX1012%0RDCLM4AXDB 5.10 3 CITY OF DIAMOND BAR AGENDA REPORT March 14, 1990 AGENDA DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: OVERNIGHT PARKING OF COMMERCIAL VEHICLES The Traffic & Transportation Committee (T&TC) did consider the subject matter at their regular meeting of March 1, 1990, relating to the problem of overnight parking of commercial vehicles on City streets. While this problem is not major at this point, there has been observed an increase in the past year and the Committee together with the staff felt that it was better to address the problem now rather than wait until it becomes a major problem. Also in the case of the truck weight limitations, 10,000 pounds was determined to be the weight for consideration in this matter. The Committee recommends that the Sheriff's Department begin to enforce, for commercial vehicles, the already existing 30 minute parking limitations between 2:00 and 4:00 a.m. The City Attorney has also prepared an Ordinance for your consideration regarding overnight parking restrictions for commercial vehicles in residential zones. RECOMMENDATION; It is recommended that the Traffic & Transportation Committee's recommendation of enforcement of 30 minute parking restrictions between 2:00 and 4:00 a.m. be approved by the City Council and further that the City Council adopt Ordinance No. prohibiting and restricting parking of commercial vehicles in residential areas. RLK:nb2090:db-ec: nightprkArk FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: (Narrative continued on next page if necessary) —yy�__.—___—._ti�sr se=..�.�,�f,,eI 'y ...—__._ ._ __--__...,..._.__—___.,.-- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant ORDINANCE NO. (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING OR RESTRICTING THE STOPPING, PARKING OR STANDING OF COMMERCIAL VEHICLES IN SPECIFIED AREAS OF THE CITY, REPEALING SECTIONS 15.050 AND 15.64.110 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED, AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS ORDINANCE. A. Recitals. (i) California Vehicle Code Section 22507 provides, in pertinent part, as follows: "Local agencies may, . . . prohibit or restrict the stopping, parking, or standing of vehicles, . . . on certain streets or highways, or portions thereof, during all or certain hours of the day. . . . With the exception of alleys, no such ordinance or resolution shall apply until signs or markings giving adequate notice thereof have been placed. . . 1, (ii) California Vehicle Code Section 22507.5 provides, in pertinent part, as follows: "(a) Notwithstanding Section 22507, local authorities may, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, . . . in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. .If 1 addition to such one-half hour period as is necessary to complete such work, or when such vehicle is parked in connection with and in aid of the performance of a service to or on property in the block in which such vehicle is parked for such time in addition to such one-half hour period as is reasonably necessary to complete such service. (c) No person shall stop, park or stand any commercial vehicle having a manufacturer's gross vehicle weight rating of 10,000 pounds or more on any street, or portion thereof, located in a residential district within the City of Diamond Bar, except for such time as is reasonably necessary to make pick-ups or deliveries of goods, wares, or merchandise from or to any building or structure located on the street or for such time as is reasonably necessary for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon the street for which a building permit has previously been obtained from the City. (d) No person shall stop, park or stand any trailer or semitrailer on any street, highway or alley located within the City of Diamond Bar unless such trailer or semitrailer is then attached to a motor vehicle capable of drawing or carrying it upon the public streets and highways. (e) The prohibitions contained in this Ordinance shall not apply to areas designated by Resolution of the City Council. 3 SECTION 3. Sections 15.65.050 and 15.64.110 of the Los Angeles county Code, as heretofore adopted, hereby are repealed, in their entirety. SECTION 4. The City Engineer hereby is authorized and directed to give notice of the requirements of this Ordinance in the manner prescribed by law. SECTION 5. Violation by any person, firm, partnership or corporation of any of the provisions of this Ordinance, or for failure to comply with any of the requirements of this Ordinance is an infraction. Every violation determined to be an infraction hereby is punishable by (1) a fine not exceeding One Hundred Dollars ($100.00) for a first violation; (2) a fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision or section of this Ordinance within one year; and (3) a fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision or section of this Ordinance within one year. SECTION 6. 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. 1990. ADOPTED AND APPROVED this day of 4 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 , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar SU01210RDSTRETID2 5.10 5 CITY OF DIAMOND BAR AGENDA REPORT March 13, 1990 COUNCIL DATE: MARCH 20, 1990 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER i FROM: RONALD L. KRANZER, CITY ENGINEE�VX- SUBJECT: TRUCK ROUTES (TRAFFIC INVESTIGATION NO. 112A) The Traffic and Transportation Committee at their regular meeting of March 1, 1990, did consider the matter of Truck Routes in the City of Diamond Bar. The entirety of this review was an outgrowth of the City Council's concern of truck traffic on Grand Avenue in connection with the opening of Grand Avenue to Chino Hills and to Industry north of Pomona Freeway. The Committee's review considered the entire City with reference to appropriate routing and restrictions of truck traffic. Due to the uniqueness of Diamond Bar's street patterns and the configuration and proximity of the 57 and Pomona Freeways it was the Committee's finding that truck traffic could be prohibited on all but a few streets without having an adverse effect upon commercial and industrial businesses both within Diamond bar and adjoining areas. The Committee also found that a 10,000 pound gross weight limitation was the most appropriate limitation. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: ^- Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant City Council - March 20, 1990 Page 2 Truck Routes The exceptions to the restrictions are as follows: ► Lemon Avenue - Colima Road to Northerly City Boundary ► Colima Road - Lemon Avenue to Brea Canyon Road ► Brea Canyon Road - Colima Road to Northerly City Boundary ► Diamond Bar Boulevard - Pomona Freeway northerly to 500 feet north of Sunset Crossing Road Note: The exception for the short stretch on Diamond Bar Blvd. is to allow for the connection from westbound Pomona Freeway to northbound 57 Freeway and for errant trucks to re-enter the freeway system. The proposed weight restriction does not preclude "Commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary for the purpose of making pickups or delivery of goods, wares, and merchandise from or to any building or structure located on the restricted street or for the purpose of delivering materials used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained" - Section 35703, California Vehicle Code. To effect the above described restrictions will require the installation of both restrictive and advisory signs at various locations. See Exhibit "A". It is estimated that the signage for the program will cost about $2,500.00. There will also, need to be coordination and cooperation with adjacent jurisdictions for possible placement of required signs within their right-of-way. San Bernardino County has previously adopted weight restrictions for many of the streets in Chino Hills including those portions of Grand Avenue and Chino Hills Parkway that join with Diamond Bar. RECOMMENDATION: It is recommended that the City Council approve the findings of the Traffic & Transportation Committee prohibiting the use of City streets by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit of 10,000 pounds except for portions of the following listed streets; City Council - March 20, 1990 Truck Routes Page 3 Lemon Avenue - Colima Road to Northerly City Boundary ► Colima Road - Lemon Avenue to Brea Canyon Road ► Brea Canyon Road - Colima Road to Northerly City Boundary ► Diamond Bar Boulevard - Pomona Freeway northerly to 500 feet north of Sunset Crossing Road and further, that the City Council instruct staff to prepare the necessary Ordinance, provide for the necessary noticing and set the matter for public hearing. RLK: nb:2088:db-cc:iruckrts 2-1660 C'o _1.Ley r. 9 lc. Ccn irm 7N o-ar te-Le.-o .ope, CCiI'1velrs2 t? or,, I ax -n wr:Ltin;- q nr0Ze,, of o1"din ce Jiohibitim: the use or, city Streetus Of CQ :'r aiCs -� VC-fiC_� O5 Or a,id,T �"6-^ CVe r'v2� �.E� wU, iG:7 o,Ie �r; E ued I.: '� 2 Com."_C- o.i Yu )_Lic n. na c a�.o��ed. :;e„ ;,je U,To - no, oe 2 �N� � O c L i^� Our L,J9 O ` rc .<q y.it.i-Cre t-iora IC-_ :.Ga..- __ .. .. Jm,reby rea 4e , �_— . tne �.��.y ,you., ci_L-...r=.L_` on L... a a -n:.L:x., t h_;= propos, ed ordinance. Y C I T Y O F D I A M O N D B A R M E M O R A N D U M TO: Lynda Burgess, City Clerk Andrew Arczynski, City Attorney FROM: Robert L. Van Nort, City Manager SUBJECT: Council Policy, Agenda 3/20/90 DATE: March 13, 1990 Councilman Horcher has requested that a Resolution entitled "Council Fairness Policy" be developed for the March 20, 1990 meeting. It is requested that the City Attorney prepare the draft document to cover: 1. Council declaring it their policy to preclude any publication on ceremonial event sponsored by the City to be scheduled or distributed within 45 days of any nicipal election. 1) 2. .�B// 1ptions? � Robert L. Van Nort cc: City Council RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A COUNCIL FAIRNESS POLICY CONCERNING PUBLICATIONS AND CEREMONIAL EVENTS SPONSORED BY THE CITY A. Recitals. (i) The City of Diamond Bar, from time to time, issues publications pertaining to City events and activities. (ii) The City of Diamond Bar, from time to time, conducts ceremonies pertaining to the dedication of public facilities and related matters. (iii) The City Council desires to establish a Council Fairness Policy regarding the time of publications and ceremonial events. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. It shall be the policy of the City of Diamond Bar that no ceremonial event, including but not limited to, dedications of public facilities and no publication of newsletters, brochures or similar literature shall be published and distributed within 45 days of any municipal election of the City of Diamond Bar. 3. The City Clerk shall certify to the adoption of this Resolution. 1990. ADOPTED AND APPROVED this day of 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 , 1990, 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 2 P ORDINANCE NO. (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS. 11(1989)0 11A(1989), 15(1989) AND 15A(1989) AS HERETOFORE ADOPTED. A. Recitals. (i) On March 12, 1990, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, as required by law, pertaining to the establishment of a Development Review Procedure for specified projects within the City, as set forth in Exhibit "A", attached hereto and incorporated by this reference as though fully set forth herein. (ii) Upon conclusion of the hearing described in paragraph A.(i), above, the Planning Commission adopted its Resolution No. PC 90 , recommending to this Council the adoption of the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (iii) On March 20, 1990, this City Council conducted and concluded a duly noticed public hearing, as required by law, concerning the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (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 find, determine and ordain as follows: 1 Section 1: In all respects as set forth in the Recitals, Part A., of this Ordinance. Section 2: The City Council hereby finds and determines that it can be seen with certainty that adoption of this Ordinance cannot have a significant effect on the environment and, therefore, adoption hereof is not subject to the requirements of the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Division 6 of Title 4 of the California Code of Regulations. Section 3: Immediately upon this Ordinance becoming effective, Ordinances No. 11(1989) and 15(1989), as amended and the effect thereof extended by Ordinances No. 11A(1989) and 15A(1989), respectively, shall be repealed and and of no further force and effect. Notwithstanding the above provisions of this Section 3, any application filed on or after January 1, 1990 pursuant to the requirements of Ordinance 11(1989), 11A(1989), 15(1989) and 15A(1959), or any of them, shall be deemed to be an application for development review hereunder and the proponent thereof shall be required to comply with the requirements of this Ordinance. Section 4: A new Chapter 22.72 hereby is added to Title 22 of the Los Angeles County Code, as heretofore adopted, to read, in words and figures, as set forth in Exhibit "A" hereto which, by this reference, is incorporated as though fully set forth herein. 2 Section 5: 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. ADOPTED AND APPROVED this day of 1990. yor 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 , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond bar held on the day of 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Li1011%OTITLE22�DB 1.3B ATTEST: City Clerk, City of Diamond Bar 7 Chapter 22.72 DEVELOPMENT REVIEW 22.72.010 Purpose and Intent. A. This Chapter establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project development review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and are consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Diamond Bar. B. The City finds that a development review process will support the implementation of the general plan, as it stresses quality community design standards. The City further finds that the quality of residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on community design principles which can result in creative, imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Chapter to: (1) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; (2) Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets; (3) Maintain the public health, safety and general welfare, and property throughout the City; (4) Assist developments to be more cognizant of public concerns for the aesthetics of development; (5) Reasonably ensure that new developments, including residential, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general; 1 EXHIBIT "A" (6) Implement those sections of the City's general plan for the preservation and enhancement of the character and unique assets of the City and its harmonious development; (7) Minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained; (8) Preserving significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from lots directly to a street, storm drain, or through public or privately maintained easement; (9) Limiting the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas; (10) Encouraging the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views and arrangement and spacing to accomplish grading policies; (11) To encourage orderly development of residences within areas more readily served by public services; (12) To encourage the development of master planned projects which provide the service needs of the residents of those projects; (13) To encourage use of energy conservation techniques in new developments. 22.72.020 Projects Requiring Development Review. A. An application for Development Review is required for any and all commercial, industrial, institutional development, and any residential project which proposes five dwelling units or more (detached or attached) and which involve the issuance of a building permit for construction or reconstruction of a structure(s) which meets the following criteria: (1) New construction on vacant property; (2) Structural additions or new buildings which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; 2 (3) Reconstruction projects which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; (4) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. B. Projects of a limited size and scope which do not meet the above criteria shall require an application for Administrative Development Review pursuant to Section 22.72.060. C. Residential construction involving four or less dwelling units are subject to Administrative Development Review pursuant to Section 22.72.060. 22.72.030 Development Review Application. All Development Review applications shall contain the following information: A. A detailed plot plan showing: (to scale); (1) Dimensions and orientation of the parcel (2) Location of buildings and structures, both existing and proposed; (3.) Location of eave overhang and architectural features; B. All building elevations; C. Indication of the types and colors of all exterior construction materials; D. Location of all walls and fences, their height and materials of construction; E. Copies of any and all CC&R's applicable to the development or use of the land; and F. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. 22.72.040 Development Review Authority. The Planning Commission is authorized to approve or deny Development Review applications and to impose reasonable conditions upon such 3 approval, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to making the findings required by Section 22.72.140. 22.72.050 Administrative Development Review Authority. Development Review applications which do not meet the requirements of Section 22.72.020.A shall be subject to review and approval by the Planning Director. If, in the opinion of the Planning Director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for Administrative Development Review and which require Planning Commission consideration, the Planning Director shall refer the application to the planning commission for review. The Planning Director is authorized to approve or deny Administrative Development Review applications and to impose reasonable conditions upon such approval, subject to the right of appeal to the Planning Commission. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance of completion; and such other conditions as the Planning Director may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Director to make the findings required by Section 22.72.140. 4 22.72.060 Administrative Development Review Procedure. A. Applications for Administrative Development Review shall be filed by the owner or owners of the property for which approval is sought, or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the General Plan. C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be mailed or delivered not less than ten (10) calendar days prior to the hearing to the applicant and to all owners of property within three hundred (300) feet of the exterior boundaries of the real property under consideration, utilizing the names and addresses of such owners as shown upon the latest equalized assessment roll of the County Assessor of Los Angeles County. 22.72.070 Administrative Development Review. Review and analysis by the Director will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Director will determine if the project adequately meets applicable design guidelines and standards. 22.72.080 Director's Action and Appeal Procedures. Upon completion of the public hearing, the Director may approve, conditionally approve, or deny the application and shall announce and record his decision within 21 calendar days following the conclusion of the public hearing. The decision shall set forth the findings required in Section 22.72.140, hereof, by formal resolution of the Director and shall be filed with the Planning Commission. A copy of the resolution shall be mailed to the applicant. . 1.1 The decision of the Director shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Director; provided, however, that if within such 10 day period, an appeal of the decision is filed by an aggrieved person within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Director until the determination of the appeal by the Planning Commission or its dismissal by the appellant. Such appeal shall be filed in writing with the Secretary to the Planning Commission on forms furnished by the Secretary to the Planning Commission. 22.72.090 Appeal to the Planning Commission. A. Upon receipt of an appeal from the Director's decision under Section 22.72.080, a hearing date shall be set by the Secretary to the Planning Commission. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Director shall transmit to the Planning Commission the original application, records, written reports, and Director Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The Planning Commission may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Director, but before granting any appealed petition which was denied by the Director or before changing any of the conditions imposed by the Director, the Planning Commission shall make a written finding of facts setting forth wherein the Director's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the Planning Commission shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Commission; provided, however, that if within such 10 day period, an appeal of the decision is filed by an aggrieved person within three hundred foot noticing radius, the applicant or the City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by said Clerk. M 22.72.100 Aooeal to City Council. A. Upon receipt of an appeal from the Planning Commission's decision under Section 22.72.094, a hearing date shall be set by the City Clerk. Notice of hearing shall be given as provided in section 22.72.050.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Planning Commission shall transmit to the city Council the original application, records, written reports, Director Resolution, Planning Commission minutes and Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The City Council may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Planning Commission, but before granting any appealed petition which was denied by the Planning Commission or before changing any of the conditions imposed by the Planning Commission, the City Council shall make a written finding of facts setting forth wherein the Commission's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the City Council shall be final and shall become effective upon adoption of the resolution by the City Council. 22.72.110 Development Review Procedure. A. Applications for Development Review shall be filed by the owner or owners of the property for which approval is sought or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Chapter and the General Plan. 7 C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be given in accordance with the requirements of California Government Code Section 65090. 22.72.120 Develo ment Review. Review and analysis by the Planning Commission will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Commission will determine if the project adequately meets applicable design guidelines and standards. 22.72.130 Commission Action and Appeal Procedures. Upon completion of the public hearing, the Planning Commission may approve, conditionally approve or deny the application and shall announce and record its decision within thirty (30) calendar days following the conclusion of the public hearing. The decision of the Planning Commission shall set forth the findings required by Section 22.72.140, hereof, by formal resolution. A copy of the resolution shall be mailed to the applicant. The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by the Planning Commission, provided, however, that if within such 10 -day period, an appeal of the decision is filed by an aggrieved person within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by the City Clerk. The appeal shall be conducted pursuant to Section 22.72.100 and notice of hearings shall be given as required by Section 22.72.110.C. 22.72.140 Findings Re fired. In approving or conditionally approving a Development Review Application or Administrative Development Review Application, the City Council, the Planning Commission or Planning Director, as the case may be, shall make the following findings: A. The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any 8 adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments; B. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Chapter and the general plan of the City; D. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. E. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 22.72.150 New Applications Following Denial. Following denial of a Development Review Application or Administrative Development Review Application, no application for the same or substantially the same project for substantially the same site shall be accepted for filing within one (1) year from the effective date of such denial. 22.72.160 Time Limits. A. Each application hereafter approved or conditionally approved shall automatically expire and be of no further force or effect if not exercised within one (1) year of its effective date, unless the approval therefor specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such approval for two (2) successive periods not to exceed six (6) months each, upon showing of good cause therefore, if written application for such extension is filed fourteen (14) working days prior to the expiration thereof. 9 B. "Exercise" shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, the applicant or successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) calendar days written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the City Council by the requesting party or any Councilmember, which shall upon the same written notice, conduct a hearing. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. 22.72.170 Revisions to Approved Application A. Minor revisions to a project approved pursuant to this Chapter may be made after review and approval by the Director. Minor revisions are hereby defined as revisions which in no way change the requirements or conditions imposed on the original approval nor violate the intent of any of the standards or conditions of the approval or of the zone. All approved minor revisions shall be reported, in writing, to the Planning Commission at its next regular meeting. B. Revisions other than minor revisions, as defined above, shall be made pursuant to the procedures set forth in this Chapter. C. All copies of the approved revised project shall be dated and signed by the Director and made a part of the record of the project. Onecopy of said approved revisions shall be mailed to the applicant. 22.72.180 Revocation. Any approval granted pursuant to this Chapter shall be revoked upon a finding that one or more of the following conditions exist: A. That the approval was obtained by fraud; B. That the structure or project for which the permit was granted has ceased to exist, or construction thereof has been suspended for six (6) months or more; C. That the applicant has not complied with one or more of the conditions or approval. 10 Any such finding shall be made by the Planning Commission after a public hearing of which notice shall be given pursuant to Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other approvals. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, to the Council, which shall upon the same written notice, conduct a hearing, notice of which shall be provided as set forth in this Section. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. Action of the Planning Commission, or of the Council, shall be by resolution, shall contain specific findings, and specific action relative to revocation. Notwithstanding anything in this Section contained, the Commission, or the Council, as the case may be, with respect to any ground of revocation coming within B or C above, may grant a period of time within which the approval may be reactivated, or within which non-compliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. 22.72.190 Penalties for Violation of Chapter. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted to continue by such person, firm, partnership or corporation and shall be deemed punishable therefor as provided herein. 11 22.72.200. Civil Remedies Available. The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. 22.72.210. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Chapter rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in full force and effect. LN1011NCODS�DB 6.6 12 m*n:i R- a ---o -rHu l z S O3 MARKM AN al A R CZYNSK I ORDINANCE 110. ---_ -- . _ (;L990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS ANGELES COUNTY GORE, AS HERETOFORE ADOPTED, PBRTAINING TO DEVELOPMENT REVIEW AND REPEALING ORDINANCES NOS, 11(1989), 11A(1989)7 15(1989) AND ISA(1989) AS HERBTOFORE ADOPTED, (i) on March 12, 1990, the Planning Commission of the city of Diamond Bar conducted a duly noticed public hearing, as required by law, pertaining to the establishment of a Development Review Procedure for specified projects within the City, as set forth in Exhibit "A", attached hereto and incorporated by this reference as though fully set forth herein. (Ji.) Upon conclusion of the hearing described in paragraph A.(i), above, the Planning Commission adopted its Resolution No. PC 90 , recommending to this Council the adoption of the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (iii) 4n March 20, 1990, this City Council conducted and concluded a duly noticed public hearing, as required by law, concerning the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A". (iV) All legal prerequisites to the adoption of this Ordinance have occurred. B. 0 . rdinanoo. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: 1 MAR-- S— S-0 7HU 1 3 : 0:3 C'jF-1 P, KMAN al ARCZY1--ESK x Section ..z In all respects as set forth in the Recitals, Part A., of this Ordinance. gectio 2,: The City Council hereby finds -and determines that it can be seen with certainty that adoption of this ordinance cannot have a significant effect on the environment and, therefore, adoption hereof is not subject to the requirements of the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Division 6 of Title 4 of the California Code of Regulations. B-00tiqn As Immediately upon this ordinance becoming effective, Ordinances No. 11(1989) and 15(1989), as amended and the effect thereof extended by Ordinances No. 11A(1989) and 15A(1989), respectively, shall be repealed and and of no further force and effect. Notwithstanding the above provisions of this Section 3, any application.filed on or after January 1, 1990 pursuant to the requirements of Ordinance 11(1989), 11A(1.989), 15(1989) and 15A(1989), or any of them, shall be deuced to be an application for development review hereunder and the proponent thereof shall be required to comply with the requirements of this ordinance. Section 4i A new Chapter 22.72 hereby is added to Title 22 of the Los Angeles County Code, as heretofore adopted, to read, in words and figures, as set forth in Exhibit "All hereto which, by this reference, is incorporated as though fully set forth herein. 2 MAR;-- 0—so "T'HU 1:3 = 04 M ARF MFIIN o7 A RCZYNSY I §ection 2: 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. ADOPTED AND APPROVED this day of 1990. Mayor 1, LYNDA BVRGESS, City Clerk of the Casty 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 and was finally passed at a regular meeting of the City Council of the City of Diamond bar.held on the day of , 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS A'T'TEST. City Clerk, City oamondBarV LL1011j0SI=22kM 1.3B 3 Chapter 22.72 DEVELOPMENT REVIEW 22.72.410 Pu�ose and Intent. A. This Chapter establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project development review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and are consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Diamond Bar. B. The City finds that a development review process will support the implementation of the general plan, as it stresses quality community design standards. The City further finds that the quality of residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on community design principles which can result in creative, imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Chapter to: (1) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; (2) Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets; (3) Maintain the public health, safety and general welfare, and property throughout the City; (a) Assist developments to be more 'cognizant of public concerns for the aesthetics of development; (a) Reasonably ensure that new developments, including residential, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general; 1 (6) Implement those sections of the City's general plan for the preservation and enhancement of the character and unique assets of the City and its harmonious development; (7) Minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained; (8) Preserving significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from lots directly to a street, storm drain, or through public or privately maintained easement; (9) Limiting the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas; (10) Encouraging the use of a variety of housing Styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views and arrangement and spacing to accomplish grading policies; (1I) To encourage orderly development of residences within areas more readily served by public services; (12) To encourage the development of master planned projects which provide the service needs of the residents of those projects; (13) To encourage use of energy conservation techniques in new developments. 22.72.020 Projects Requiring Development Review. A. An application for Development Review is required for any and all commercial, industrial, institutional development, and any residential project which proposes five dwelling units or more (detached or attached) and which involve the issuance of a building permit for construct ion:or reconstruction of a structure(s) which meets the following criteria: �(1) New construction on vacant property; (2) structural additions or new buildings which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; 61 (3) Reconstruction projects which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; (4) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. B. Projects of a limited size and scope which do not meet the above criteria shall require an application for Administrative Development Review pursuant to Section 22.72.060. C. Residential construction involving four or less dwelling units are subject to Administrative Development Review pursuant to Section 22.72.060. 22.72.030 Development Review Application. All Development Review applications shall contain the following information: A. A detailed plot plan showing: (to scale); (1) Dimensions and orientation of the parcel (2) Location of buildings and structures, both existing and proposed; (3) Location of eave overhang and architectural features;,�� B. All building elevations; C. Indication of the types and colors of all exterior construction materials; D. Location of all walls and fences, their height and materials of construction; F. Copies of any and all CC&R's applicable to the development or use of the land; and F. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. 22.72.040 Development Review Authority. The Planning Commission is authorized to approve or deny Development Review applications and to impose reasonable conditions upon such 3 approval, subject to the right of appeal to the City Council. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the. Planning Commission to making the findings required by Section 22.72.140. 22.72.050 Administrative Development Review Authority. Development Review applications which do not meet the requirements of Section 22.72.020.A shall be subject to review and approval by the Planning Director. If, in the opinion of the Planning Director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for Administrative Development Review and which require Planning Commission consideration, the Planning Director shall refer the application to the planning commission for review. The Planning Director is authorized to approve or deny Administrative Development Review applications and to impose reasonable conditions upon such approval, subject to the right of appeal to the Planning Commission. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance of completion; and such other conditions as the Planning Director may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Director to make the findings required by Section 22.72.140. 4 22.72.060 Administrative Development Review Procedure. A. Applications for Administrative Development Review shall be filed by the owner or owners of the property for which approval is sought, or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation ofthe facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the General Plan. C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be mailed or delivered not less than ten (10) calendar days prior to the hearing to the applicant and to all owners of property within three hundred (300) feet of the exterior boundaries of the real property under consideration, utilizing the names and addresses of such owners as shown upon the latest equalized assessment roll of the County Assessor of Los Angeles County. 22.72.070 Administrative Development Review. Review and analysis by the Director will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Director will determine if the project adequately meets applicable design guidelines and standards. 22.72.080 Director's Action and Appeal Procedures. Upon completion of the public hearing, the Director may approve, conditionally approve, or deny the application and shall announce and record his decision within 21 calendar days following the conclusion of the public hearing. The decision shall set forth the findings rewired in Section 22.72.140, hereof, by formal resolution of the Director and shall be filed with the Planning Commission. A copy of the resolution shall be mailed to the applicant. The decision of the Director shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Director; provided, however, that i•f within 5 such 10 day period, an appeal of the decision is filed by an aggrieved person within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Director until the determination of the appeal by the Planning Commission or its dismissal by the appellant. Such appeal shall be filed in writing with the Secretary to the Planning Commission on forms furnished by the Secretary to the Planning Commission_ 22.72.090 Aobeal to the Plannincr Commission. A. Upon receipt of an appeal from the Director's decision under Section 22.72.080, a hearing date shall be set by the Secretary to the Planning Commission. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.130, hereof. B. The Director shall transmit to the Planning Commission the original application, records, written reports, and Director Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The Planning Commission may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Director, but before granting any appealed petition which was denied by the Director or before changing any of the conditions imposed by the Director, the Planning Commission shall make a written finding of facts setting forth wherein the Director's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the Planning Commission shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Commission; provided, however, that if within such 10 day period, an appeal of the decision is filed by an aggrieved person within three hundred foot noticing radius, the applicant or the City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by said Clerk. 22.72.100 Appeal to City Council. A. Upon receipt of an appeal from the Planning Commission's decision under Section 22.72.090, a hearing date 1.1 shall be set by the City Clerk. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Planning Commission shall transmit to the city Council the original application, records, written reports, Director Resolution, Planning Commission minutes and Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The City Council may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Planning Commission, but before granting any appealed petition which was denied by the Planning Commission or before changing any of the conditions imposed by the Planning Commission, the City Council shall make a written finding of facts setting forth wherein the Commission's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the City Council shall be final and shall become effective upon adoption of the resolution by the City Council. 22.72.110 Development Review Procedure. A. Applications for Development Review shall be filed by the owner or owners of the property for which approval is sought or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Chapter and the General Plan. C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be given in accordance with the requirements of California Government Code Section 65090. 7 22.72.120 Develo-oment Review. Review and analysis by the Planning Commission will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Commission will determine if the project adequately meets applicable design guidelines and standards. 22.72.130 Commission Action and Appeal Procedures. Upon completion of the public hearing, the Planning Commission may approve, conditionally approve or deny the application and shall announce and record its decision within thirty (30) calendar days following the conclusion of the public hearing. The decision of the Planning Commission shall set forth the findings required by Section 22.72.140, hereof, by formal resolution. A copy of the resolution shall be mailed to the applicant. The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by the Planning Commission, provided, however, that if within such 10 -day period, an appeal of the decision is filed by an aggrieved person within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by the City Clerk. The appeal shall be conducted pursuant to Section 22.72.100 and notice of hearings shall be given as required by Section 22.72.110.C. 22.72. 140 Findings RecMired. In approving or conditionally approving a Development Review Application or Administrative Development Review Application, the City Council, the Planning Commission or Planning Director, as the case may be, shall make the following findings; A. The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments; B. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of E. neighboring existing or future developments, and will not create traffic or pedestrian hazards; C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by this Chapter and the general plan of the City; D. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. E. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 22.72.150 New Applications Followincr Denial. Following denial of a Development Review Application or Administrative Development Review Application, no application for the same or substantially the same project for substantially the same site shall be accepted for filing within one (1) year from the effective date of such denial. 22.72.160 Time Limits. A. Each application hereafter approved or conditionally approved shall automatically expire and be of no further force or effect if not exercised within one (1) year of its effective date, unless the approval therefor specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such approval for two (2) successive periods not to exceed six (6) months each, upon showing of good cause therefore, if written application for such extension is filed fourteen (14) working days prior to the expiration thereof. B. 'Exercise" shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. In case of any dispute thereon, the applicant or successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) calendar days written notice by first class mail directed to the address of the requesting party given in such written request for 9 hearing. The decision of•the Planning Commission may be appealed to the City Council by the requesting party or any Councilmember, which shall upon the same written notice, conduct a hearing. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. 22.72.170 Revisions to Approved Application A. Minor revisions to a project approved pursuant to this Chapter may be made after review and approval by the Director. Minor revisions are hereby defined as revisions which in no way change the requirements or conditions imposed on the original approval nor violate the intent of any of the standards or conditions of the approval or of the zone. All approved minor revisions shall be reported, in writing, to the Planning Commission at its next regular meeting. B. Revisions other than minor revisions, as defined above, shall be made pursuant to the procedures set forth in this Chapter. C. All copies of the approved revised project shall be dated and signed by the Director and made a part of the record of the project. One copy of said approved revisions shall be mailed to the applicant. 22.72.180 Revocation. Any approval granted pursuant to this Chapter shall be revoked upon a finding that one or more of the following conditions exist: A. That the approval was obtained by fraud; B. That the structure or project for which the permit was granted has ceased to exist, or construction thereof has been suspended for six (6) months or more; C. That the applicant has not complied with one or more of the conditions or approval. Any such finding shall be made by the Planning Commission after a public hearing of which notice shall be given pursuant to Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other approvals. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, to the Council, which shall upon the same written notice, conduct a hearing, notice of which shall be provided as set forth in this Section. The decision of the Planning Commission, or of the 0U6 Any such finding shall be made by the Planning Commission after a public hearing of which notice shall be given pursuant to Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other approvals. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, to the Council, which shall upon the same written notice, conduct a hearing, notice of which shall be provided as set forth in this Section. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. Action of the Planning Commission, or of the Council, shall be by resolution, shall contain specific findings, and specific action relative to revocation. Notwithstanding anything in this Section contained, the Commission, or the Council, as the case may be, with respect to any ground of .'revocation coming within B or C above, may grant a period of time within which the approval may be reactivated, or within which non-compliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates sat for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. 2272,190 Penalties for Violat'o chapter. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.40), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted to continue by such person, firm, partnership or corporation and shall be deemed punishable therefor as provided herein. 11 22.72.24D. Civil Remedie_a Available. The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order,'preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. 22.72,214. Sgverability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Chapter rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections., paragraphs, sentences or words of this Chapter shall remain in full force and effect. MIOIIkCQDt D3 6.6 12 CITY OF DIAMOND BAR C(DFy MEMORANDUM TO: City Attorney, (3Z!ty Cler Acting Planning Director FROM: Robert L. Van Nort, City Manager SUBJECT: Development Review Process DATE: February 5, 1990 Councilman Forbing has requested that the proposed Development Review Process be considered by the Council at their March 5th session. To meet the suggested deadline, it will be necessary for the: A) Planning Director to present to the Planning Commission, the proposed Development Review Ordinance for comments and suggestions from them B) That the City Attorney rewrite as necessary the proposed Development Review Ordinance for presentation to the City Council at their March 6, 1990 meeting; and C) The City Clerk -'to ptiibl sh 4the" rc�atter as a::;pu7 3 c heari The City Attorney shall ensure that the Ordinance is presented to the council at the March 6th session and the Planning Director, the necessary suggestions, to meet the deadline. Sin rely, Robert L. Van Nort, City Manager RLVN/dkc attachment cc: City Council Chapter 22.72 DEVELOPMENT REVIEW 2Y2.72.010 Purpose and Intent. A. This Chapter establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project development review in a timely and efficient manner; to ensure .that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and are consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and -social character of Diamond Bar. B. The City finds that a development review process will support the implementation of the general plan, as it stresses quality community design standards. The City further finds that the quality of residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Chapter is not intended to restrict imagination, innovation ur variety, but rather to focus on community design principles which can result in creative, imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Chapter to: (1) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit; (2) Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets; (3) Maintain the public health, safety and general welfare, and property throughout the City; (4) Assist developments to be more cognizant of public concerns for the aesthetics of development; (5) Reasonably ensure that new developments, including residential•, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or _- architecturally related impact upon existing adjoining properties, or the City in general; 1 (6) Implement those sections of the City's _ general plan for the preservation and enhancement of the •- character and unique assets of the City and its harmonious development; (7) Minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained; (8) Preserving significant topographic features, including rock outcropper_ s, native plant materials and natural hydrology while.also encouraging improved drainage from lots directly to a street, storm drain or through public or privately maintained easement; (9) Limiting the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas; (10) Encouraging the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views and arrangement and spacing to accomplish grading policies; (11) To encourage orderly development of residences within areas more readily served by.public services; (12) To encourage the development of ;easter planned projects which provide the service needs of the residents of those projects; (13) To encourage use of energy conservation techniques in new developments. 22.72.020 Projects Rec;uiri.na Development Review. A. An application for Development Review is required for commercial, industrial, institutional, and residential (five (5) units or more) projects involving the issuance of a building permit for construction or reconstruction of a structure which meets the following criteria: (1) New construction on vacant property; (2) Structural additions or new buildings which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in size; 2 (3) Reconstruction projects which are equal to fifty percent of the floor area of existing on-site building(s), or have a minimum ten thousand square feet in size; (4) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. B. Projects of a limited size and scope which do not meet the above criteria shall require an application for Administrative Development Review pursuant to Section 22.72.060. C. Residential construction involving four or less dwelling units are subject to Administrative Development Review Pursuant to Section 22.72.060. 22.72.030 Develo Ment Review A lication. All Development Review applications shall contain the following information: A. A detailed plot plan showing: (to scale); (1) Dimensions and orientation of the parcel (2) Location of buildings and structures, both existing and proposed; (3) Location of eave overhang and architectural -features; B. All building elevations C. Indication of the types and colors of all exterior construction materials; D. Location of all walls and fences, their height and materials of construction; E. Copies of pertinent provisions of CC&R's applicable to the land; and F. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal. 22.72.040 Development Review Authority. The Planning Commission is authorized to approve or deny Development Review applications and to impose reasonable conditions upon such E approval, -subject to the right of appeal. Conditions may include, but shall not be limited to, requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions'as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission to making the findings required by Section 22.72.140. 22.72.050 Administrative Development Review Authority. Development.Review applications which do not meet the requirements of Section 22.72.020.A shall be subject to review and approval by the Planning Director. If, in the opinion of the Planning Director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for Administrative Development Review and which require Planning Commission consideration, the Planning Director shall refer the application to the planning commission for review. The Planning Director is authorized to approve or deny Administrative Development Review applications and to impose reasonable conditions upon such approval, subject to the right of appeal. Conditions may include, but shall not be limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance of completion; and such other conditions as the Planning Dir=ctor may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Director to make the findings required by Section 22.72.140. 22.72.060 Administrative Development Review Procedure. A. Applications for Administrative Development Review shall be filed by the owner or owners of the property for which 4 approval is sought, or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined.by City Council Resolution. B. The Planning Director shall make an, investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the General Plan. C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be mailed or delivered not less than ten.(10) calendar days prior to the hearing to the applicant and to all owners of property within three hundred -(300) feet of the exterior boundaries of the real property under consideration, utilizing the names and addresses of such owners as shown upon the latest equalized assessment roll of the County Assessor of Los Angeles County. 22.72.070 Administrative Development Review. Review and analysis by the Director will consider design elements, such as, but not limited to, compatibility of.the project to surrounding properties; relationship of the design and layout of the project to the site; architectural decign and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Director will determine if the project adequately meets applicable design guidelines and standards. 22.72.080 Director's Action and Appeal Procedures. Upon completion of the public hearing, the Director may approve, conditionally approve, or deny the application and shall announce and record his decision within 21 calendar days following the conclusion of the public hearing. The decision shall set forth the findings required in Section 22.72.140, hereof, by formal resolution of the Director and shall be filed with the Planning Commission. A copy of the resolution shall be mailed to the applicant. The decision of the Director shall be final and shall become effective 10 calendar days after the adoption of the resolution by the Director; provided, however, that if within such 10 day period, an appeal of the decision is filled by an aggrieved person, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Director until the determination of the appeal by A the Planning Commission or its dismissal by the appellant. Such , appeal shall be filed in writing with the Secretary to the Planning Commission on forms furnished by the Secretary to the Planning Commission. 22.72.090 Appeal to the Planning Commission. A. Upon receipt.of an appeal from the Director's decision under Section 22.72.080, a hearing date shall be set by the Secretary to the Planning Commission. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. B. The Director shall transmit to the Planning Commission the original application, records, written reports, and Director Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. - C, The Planning Commission may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Director, but before granting any appealed petition which was denied by the Director or before changing any of the conditions imposed by the Director, the Planning Commission shall make a written finding of facts setting forth wherein the Director's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of this Chapter. D. The decision of the Planning Commission shall be final and shall become effective to calendar days after the adoption of the resolution by the Commission; provided, however, that if within such 10 day period, an appeal of the decision is tf li ed by an aggrieved person, the applicant or the City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning. Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by said Clerk. 22.72.100 Appeal to City Council. A. Upon receipt of an appeal from the Planning Commission's decision under Section 22.72.090, a hearing date shall be set by the City Clerk. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be _ conducted in the same manner as prescribed for Development Review in Section 22.72.110, hereof. 6 i B." The Planning Commission shall transmit.to-the city Council the original application, records, written reports; Director Resolution, Planning Commission minutes and Resolution disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of this Chapter. C. The City Council may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Planning Commission, but before granting any appealed petition which was denied by the Planning Commission or before changing any of the conditions imposed by the Planning Commission, the City Council shall made a written finding of facts setting forth wherein the Commission's findings were -in error and wherein the -property or particular use involved meets or does -not meet the requirements of this Chapter. t D. The decision of the City Council shall be final and shall become effective 1.0 calendar days after the adoption of the resolution by the City Council. 22.72.1.10 Development Review Procedure. A. Applications for Development Review shall be filed by the owner or owners of the property for which approval is sought or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be accompanied by the materials and information required in section 22.72.030 at the time of application and a filing fee shall be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council Resolution. B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Chapter and the General Plan. C. Notices of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be given in accordance with the requirements of California. Government Code Section 65090. 22-72.120 Dave].o ment Review. Review and analysis by the Planning Commission will consider design elements, such as, but not limited to, compatibility of the project to surrounding _ properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent 7 S:o .properties;`signs; and open space. The Commission wil L determine if the project adequately meets applicable design guidelines and standards. 22.72.130 Commission Action and Appeal Procedures. Upon completion of the public hearing, the Planning Commission may approve, conditionally approve or deny the application and shall announce and record its decision within twenty-one (21) calendar days following the conclusion of the public hearing. The decision of the Planning Commission shall set forth the findings required by Section 22.7.2.140, hereof, by formal resolution. A copy of the resolution shall be mailed to the applicant. The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution -by the Planning Commission, provided, however, that if within such 10 -day period, an appeal of the decision is filled by an aggrieved person, the applicant or City Council Member, the filing of such appeal within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by the City Clerk. The appeal shall be conducted pursuant to Section 22.72.100 and notice of hearings shall be given as required by Section 22.72.110.C. 22-72.140 Findings Required. In approving or conditionally approving a Development Review Application or Administrative Development Review Application, the City Council, the Planning Commission or Planning Director, as the case may be, shall make the following findings: A. The design and layout of the proposed development is consistent with the aprOA cable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments; B. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; C. The architectural design of the proposed _ development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and s �a ,u u,. attractive development contemplated by this Chapter and the general plan of the City; D. The design of the proposed development would provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. E. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 22.72,..150 New Applications Following Denial. Following denial of a Development Review Application or Administrative Development Review Application, no application for the same or substantially the same project for substantially the same site shall be accepted for filing within one (1) year from the date of 22.72.160 Time Limits. A. Each application hereafter approved or conditionally approved shall automatically expire and be of no further force or effect if not exercised within one (1) year of its effective date, unless the approval therefor specifies a longer period; provided that the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any such approval for two (2) successive periods not to exceed six (6) months each, upon showing of good cause therefore, if written application for such extension is filed prior to the expiration thereof. B. "Exercise" shall mean substantial construction work pursuant to a building permit, and shall not include preparation of plans, engineering work or grading. in case of any dispute thereon, the applicant or successor in interest may request in writing that the Planning Commission conduct a hearing of which the requesting party shall be given ten (10) calendar days written notice by first class mail directed to the address of the requesting party given in such written request for hearing. The decision of the Planning Commission may be appealed to the City Council by the requesting party or any Councilmember, which shall upon the same written notice, conduct a hearing. The decision of the Planning Commission, or of the Council, as the - case may be, shall be final ana conclusive. 2 1 1 IN 1 82.72.170 Revisions to Approved Application A. Minor revisions to a project approved pursuant to this Chapter may be made after review and approval by the Director. Minor revisions are hereby defined as revisions which in no way change the requirements or conditions imposed on the original approval nor violate the intent of any of the standards or conditions of the approval or of the zone. All approved minor revisions shall be reported, in writing, to the Planning Commission at its next meeting, B. Revisions other than minor revisions, as defined above, shall be made pursuant to the procedures set forth in this Chapter. C. All copies of the approved revised project shall be dated and signed by the Director and made a part of the record of the project. One copy of said approved revisions shall be mailed to the applicant. 22.72.180 Revocation. Any approval granted pursuant to this Chapter shall be revoked upon a finding that one or more of the following conditions exist: A. That the approval was obtained by fraud; B. That the structure or project for which the permit was granted has ceased to exist, or construction thereof has been suspended for six (6) months or more; C. That the applicant has not complied with one or more of the conditions or approval. Any such finding shall be made by the Planning Commission after a public hearing of which notice shall be given pursuant to Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other approvals. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, . to the Council, which shall upon the same written notice, conduct a hearing, notice of which 1i;i="1l be provided as set forth in this Section. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. Action of the Planning Commission, or of the Council, shall be by resolution, shall contain specific findings, and specific action relative to revocation. ` 10 Notwithstanding anything in this Section contained, the. Commission, or the Council., as the case may be,with respect to. any ground of revocation coming within B or C above, may grant a period of time within which the approval may be reactivated, or within which non-compliance with conditions may be remedied. in such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. LUOIIICODEIDB 6.6 11 NOTICE OF PUBLIC HEARING The Diamond Bar City Council will conduct a -public hearing on: A minor land division to create 4 parcels on 8.75 acres. Project location: 525 S. Grand Ave. Diamond Bar, CA VICINITY MAF: OF PROJECT: :51 TTo i This case does Piot affect the zoning of surrounding property. Ii you are unable to attend the public nearing, but wish to send written comments, please stirito to the City Planning Departmen at the address given below, Attention: Rob Searcy -- You may also obtain additional information concerning this case by phoning the Planning Department at {713} 860--3195. Materials for this caseare also ava" l ab i e at Diamond car County Library 1081 South Grand Avenue Diamond Sar, CA 91765 BATE OF HEARING: March 20, 1990 TIME OF HEARING: :00 P.M. LOCATION OF HEARING: Walnut Valley School t 880 S. Lemon Ave. Walnut, CA CASE MATERIALS AND ENVIRONMENTAL STUDY: Are available for review during, regular business hour's at: City of Diamond Ear Planning Department 218080 East Copley Drive Diamond Ear, CA 91765 Published i n : San Gabriel Va ev on1-32-00 Progress Bulletin. 3-12-90 Project No,:_. TRIPM : IV1 Lead Sec.: CAT Ex., Los Angeles County department of Regional Planning ZONING AND SUBDIVISION APPLICATION As required by Chapters 22,1622.56& 21.40 of the Los Angeles County Cade The following information is necessary for the review of ALL applications. Failura to furnish information will delay action. Attach extra sheets if necessary. Please read instructions carefully. RECORD OWNER(S) APPLICANT APPLICANT'S AGENT (Engineer, Licensed Surveyor, Other and please indicate if engineer is also an Tedrus Properties agent) Name Russell ]land Name H.J. Wyatt Name E,mad Ilatndy Address 525 S. Grand Avenue Address 233 N. Euclid Avenue_ Address 233 N. Euclid Avenue City Diamond Bar City Ontario City Ontario Zip -21 765 Phone 1714) 594-6632 Zip 91762 Phone {7141.984-0406 zipmm 91762 Phone 17141 984-0406 (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) CONSENT: I Cor., to the submission of the application accompanying this request. f! Signed`--- ti/ /� Date (All record owners) CERTIFICATION: 1 hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Signed I Date (Applicant or Applicant's Agent) Location 525 S. Grand Avenue, Diansond Bar California 91765 (Street address or distance from nearest cross streetl M between Grand Avenue and Brea Canyon Road (Street) (Street) in Zone CUP Zoned District San Jose 114-3-5-7 (Land Use, not postal x:Gne) �( h'NM/FS_Ul- 41 CSI TSG T7 rz-I Assessor 1 CTf ` Planning Area USGS _ Contract City Diamond ar - supervisorial District _ .A. County General Plan Category_ LFP- Saatr_ Local Plan Category (if applicable) _____'J�i4 �,•_, Loca3 Plan tl�a Project Size {gross acres) 4.8 Project Density Previous Cases 2093 - 1) Present Use of Site - Retail Automobile Dealership Use applied for r� Addition to the Automobile Dealership (80,000 sq. ft. Parking Structure, 2,000 sq. ft. Parts Department, 400 sq. ft. Office) 5,000 sq. ft. Past Food Restaurant and Car )lash Facility. 01! C"IsJArL- over r Domestic Water Suurce City Company/District Walntit Valley W/D:Istrict Method of Sewage Disposal Street Sanitation District Grading of Lots by Applicant? Yes X No_ Amount _27 X004__ (Show necessary grading design an site plan or tent. map.i LEGAL DESCRIPTION (All ownership comprising the proposed Jots/proj_et) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change. APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TY?'F OF REQUEST — Che ch request applied for and complete appropriate sections. El PLAN AMENDMENT REQUEST Countywide/local Plan or Area Plan Land Use Map Change: From TO Acres From To Acres Other Counrywide {Gen. Dev., Housing & Spec. MgmtJ Map Change. . From To Acres From To Acres Identify Text Changes) to Countywide/Local or Area Plan Desired: Total Project Units Currently Allowed By; (a) CW Plan Total Project Units Permitted If: (a) CW Plan Amended Total Acres Involved: (a) SERVICES: Existing and Proposed: (b) Local Plan N Local Plan Amended (b) Gas & Electric Education Eire Access Sheriff ❑ ZONE CHANGE REQUEST Zone: From Acres To Acres CONDITIONAL USE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS Permit Type Ord. No. Project Site: Area devoted to: structures open space Gross Area No. of Lots Residential Project '� and - Proposed dansity. Gross Area No, of flours UnitslAcres Number and types of Units Residential Parking. Type Required- Provided Total Required Total Provided (continued on next pane) CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC. 22.58.040 In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Zoning Board and/or Commission, the following facts: 76C631 U - 6.6t A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health,', safety or general welfare. The proposed development as detailed in the Application and the plans represent services that is needed in the community and there is nothing expected from this development to have any adverse affect on the well being of any property or persons in the vicinity of the site. s. That the proposed site is adequate in size and shape to accommodate the yards,', walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate. said use with the uses in the surrounding area. The site is adequate in size and shape and location to accommodate the proposed development. C. That the proposed site is adequately served; 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private senAce facilities as are required. The site is served by Pomona Freeway P Brea Canyon Road and ideally located near an "on" and "off' ramps from Pomona -Freeway. The site has adequate water, sewer and power supplies. _ - 4EM�' v - - - •..._ _. ... - 1O' it i WALNUT--. _. f� zasoG ter@ 'Ao , '��i�• •i<,'" A o,� } 9 FUE*F wteo:bLe N-� L r ... r • e-, j aaS'"CJL+,i at✓N 8 NZ"Doo PL S77tE' �AG�E i e soh W m ,4pC �a �N1K r i PARlVD N F9c2+ate€�MP¢�� W .0 LP 4llElit �.' r of ��a "Atte-no PD t ? O ..IOC INr. Q Y; a'r. .N APPA�Ij0,;, PtS �. M4'C^Oo i� IA ~i.�• �y)oY g eu r•{ Lw = e £AGL£S Oa o n4' �aGra Aiu�SS :'.�' `y �p �'1 „�'1 S y� ��.- � 4 � � a�ss `� �'' -�` � ca� •'��q4 }'� 3.c FF Q�]c ,q'7- •p� f t!ONNcI Irki G-i15ZHICCRA \'J,- 35M 00 CONT HS 1 •� / / �SEt AS.T' y Z. 5 l' O.yt Up AXQ:. j ez7 ,.pLf i ( , '4 �x7n J6R f�^��~y 5t�n .s taoa , SUBJECT .. __.,.-.,_.. •-��' _ .' �� jF:PsrPROPERTY =t Ci1RRFKR 7.-, S 61AyaND 8AN'�r <' 1 ;Nj yp `�"•j .f �4w�n�1-�, ��tE� r� � ' vx: a� C 8 _Ira : >I �•.. _ - ��a.�st P Otea1 _ c/- {�^y .� s a j _�a �_ `• - �• c'9 .��cvmlpclN- XD_ i 20600 _ 2CTOila 91,7 �� c+a1 '� / ,r €MpCNLfKE 5T I ,4•�i T- r'-. .� ._ y � e a a zl- tur Q PDYONA NATIONAL'S\'( 1 E a ' F r1 Jia• •ri a -P .. -�:27GG GOOF ti !Y COURSE ��araaxR a x n 1,v c �5-�.-1 i t a__ ` 'ate �.•a�,c- Paa.,°b� j .{ AD Ke�- 's F• 'uc�0nyC sME p F a � s '( N � h, ti' 9E` vi E .�,;• 1 'tP•P 2G'.0 CTi�Q- C Y �J i� IQ .4 ey HaarP AL "O/O h",� aSIrMME�7 TOWN 5T�lyo Ct 'S9Y. tri} C� :C �l il4 't P i"r-aoS,4"� S o: �I"o •nxp f d € p ap` s`.,p n,i.itir4sy.� c.+ou ix ^a f `'�` �� ro[pq> xPL9MA nT Ftw=ate �0 j c ..F - 9y �c ' z,,� F��--"2NE a/ ie., rop GFe�fl lqr INc &� R Q(AU�G-ST IEW o ✓4 ° a S. 517E 1.LL fj?• �R•,=F'C E_H4 iGfKLEAFL CY N.Z❑ ZY �� G�'4 "EASE LN 1 r� 1s' �+.? Y Sof:Q✓,yrs ^U:CGJ O j'`t'Oo Ri!A t �3 v/ INITIAL STUDY QUESTIONNAIRE COUNTY OF LOS ANGELES A. GENERAL INFORMATION Project Applicant (Owner): M.J. Wyatt Associates - Architects Name 233 N. Euclid Avenue Address Ontario, California, 91762 (714) 984-0406 Phone Niunber 1. Action requested and project descr-'_ption: Project Representative: Enad Hamdy 233 N. Euclid Avenue Address Ontario. California 91762 ( 714) 984-0406 Phone Number Tentative Parcel Map 2. Street location of project: 525 S. Grand Avenue, Diamond Bar 3a. Present use of site: Automobile ➢ealershi 3b. Previous use of site or structures: s. Please list all previous cases (if any) related to this project: 2093 - (1) 5. Other related pe-=it/approvals required. Specify type and granting agency. 6. Are you planning future _ phases of this project? /N/ If yes explain: Addit=onal Building on Parcel 4 7. Project area: 8. mer of floors: Covered by structures, paving: 9. Present zoning: Landscaping, open space: Total area: 10. ,Fater and sewer service: Does service exist at site? If yes, do purveyors have capacity to meet Sem nd of pro ecr and all other approved projects? If da estic ;nater or public sewers -re not av=ilab_, "c,; will. these services -e p-3,74 1ei amnestic Public Water Sewers �N� liVf Residential prc�e 11, Nur:ner .and tYP" of urlits: 12. Schools: tY' what school district(s) s2 ves the prosier ire nee3s? f7existin�3 school facilities adequate to meet project If not, gnat provisions will be made for additional classroc�s? r -- tion -Residential projects: 1S. Distance to nearest resho pi a1,etc.) al Use or sensitive use (school, } e 14. Nurber arm floor area of buildings: 15 • Nuriner of employees and shifts: 3.77.�hours' • _. Operating T �Yt: Ia. Maximum Cployees pe- Sr1 1?s . 1.denti fy any'- End Products Waste products Means of disposal roduce hazardous substances such as oil, pesticides, s,`explain: L _ Do Proje-` operations use, sore or p If ye ChE�—IiCaISI PaintS, or rad-oactive materials? /�/ / vvur operations require an y. pressurized tanks? If yes, explain: 20. Do hie, reactive or explosive materials to be located -S 21, Identify any flamma tracks travel through If yes, explain Will delivery or • �--� shien� hignway? Y.1 22.. residential areas to reams= the n�earzst - 2 - 1. Envirorrnental Setting Project Site a. Existing use/structures b Topography/slopes *c. Vegetation *d. Animals *e. Watercourses 1. Cultural/his-orical resources g. Other 2. Envirorinentul Setting -- Surroundiz= Area- a. reaa. Existing uses/structures (types, densities): b. Topography/slopes *c. Vegetation *d. Animals *e. Watercourses ti f. Cultural/historical resources g. Other 3. Are there anymajor trees or: the site, including oak trees? / � If yes, type and number: a_. Will any natural watercourses, surface flow patterns., etc, be changed through project develczzent?://IV /N/ If ,yes, explain: A box culvert was canstr-3oted on site as shown on Dlans. W.?rS ;re not r1' :..._ _ ^ani_. na B. ENVIRONMENTAL INFORMATION (cont.) 5. Grad Ina: Will the project If yes, how many require grading? /N/ ct bic' yards? ZO QE}fl If not balanced, where will dirt be obtained or deposited? will it be balanced on site? /Y/ /N/ Obtained 5. Are there any identifiable landslides or other major geologic hazards -on the property (including unccmpacted fill.)? /Y/A7 If yes, explain: 7. Is the property located within a nigh fire hazard area (hillsides with moderately dense vegetation? /Y/ J9 Distance to nearest fire station: 8. -Noise-- Existing oise:Existing noise sources at site: Freeway Noise to be generated by project: None 9. Fumes: Odors generatya by project: None Could toxic fumes be generated? No 10. What energy -conserving designs or material will be used? Comply with Title 24 ti C=IFICATION: I hereby certify that the statenents furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability., and that the facts,statements, and information presented are true and correct to the best of my knowledge and belief. Date: 9/5/89 (Signature) For. Tedrus Properties - 4 - Attachment Memo 60.10 �j,�C_I� FORM A --------- APPLrC; T ION- FOR Dr �� ERM I SEA f IflN OF- ASSt. SLY -USE.---- PARKING USE- -.._— __ PARKING REQUIREMENT PURPOSES - OCCUPANT LOAD Building and Safety Division Los Angeles County Department of Public Warks APPLICANT Name: �NAfS CpoTi? Address: '� 370 � .��L,4. lllZLfi� ��, ��✓ l>r�� C.f}: 9oza�� Tel eohone No.: lg— 53-5-- S gdv :z AGENT Name: '�0/75A/ l/ G Address: e - !r Telebhane No.: -PROPOSED USE: CURRENT USE: This application must be completed and submitted with three sets of -conceptual ---- _ pians narked Parking Exhibit A, in order to obtain a determination of occupant load from the County Engineer pursuant to Sections ZZ.52.109E and 22.=2.1100 of the Los Angeles County Code - Zcning Ordinance. The assembly areas are to be designated A, S, C. ... and the proposed use and occupant load of each area clearly indicated both on the plans and page 2 of tris farm. Proposed seating layouts should be shown where applicable. For additional information for completing. this fort and obtaining a determined occupant load, sea "Instruction For Determining Parking Requirements - Assembly 'a—as". ?S Atta i��nt: Meso SO.Id �1ML roposea Mt nmum", eLerni rseoY Use Occupant Occupant Occupant Area Load Load Load 'DWI 450 _ XX: AAAA AXAXA 1YTAAAAA Ajy�4CPLJAgAAxAAnrAAAAYXXnAXAAAXAwAMlilluUMyiOAN_ LOA_ : {(F j Q' f ftR ALOCCUPAN1 LOAD i G�iK� BY COUNTYHiat�i�.. }To be completed by County Engineer The subrni:wed Plans have been revieweddea=dmtn�taane�slforcp apas2doad parking determ;ned as indicated above. Applicant frau Compliance wit requirements. only and does not ex�nPt the APP any Planc:�ec per:it or inspection requirements under County Ordinance. IN J ASSEMBLY OCCUPANT L13AO �. �,�RKINO TYPE OF OCCUPANCY ASSEMBLY OCC,JPANT LOAD 3Y (PRiNT NAME) E SIGNATURE � ATE M DiscrlCc Sf�i`ic: -S;aMP Caurity of Los Angeles Department of Public Wciks Bldg. Plancheck --3rd Fioor P.C. Box 1460 Alhambra, CA 91802-1460 5 zonal Planning ►Retrurn one copy of chis si ned form aria one E..hibi A to Reg L� DEPARTMENT OF PUBLIC WC- LAND DEV_LOPMENT DIVISI- TRACT/PARCEL MAP NO. I rSGZP.; P BEY TENTATIVE MAP DATED I d -1 G -&1 Q It is recommended that this tentative map not be approved at this time under the provisions of Section 66474 of the Subdivision Map Act. [] However, if the Advisory Agency determines that the site is physically suitable for this project and decides that the recommendation of denial by the Director of Public Works is not appropriate, then the following recommendations should be included in the conditions of tentative approval. Q If the Advisory Agency will have assumed responsibility for the geologic and soils condition of the site they should insert any conditions that they will Need in order to issue a compliance letter on the final map with respect to geologic and soils requirements. It is recommended that this tentative map not be approved at this time. This recommendation is based upon information or lack of information that is available concerning the subject property. The removal of this recommendation is contingent upon the submission and satisfactory review of the following: [] A drainage concept. [] An engineering geologic report. �K-lk sails4--TMrt. SeariON1 or,�s tt►i P.su1fi1Nt Q Sufficient evidence to show that the sustained use of a private sewage disposal system is possible without inducing a geologic hazard. The Health Services Department and developer are advised that geologic conditions within this land division may severely limit or prohibit the use of a private sewage disposal system that will introduce water into the subsurface. Q Provide all materials Necessary to substantiate that there is an adequate water supply and a firm commitment from the water purveyor thatthe necessary quantities of water will be available to the proposed development. From the information available to this office, there are only limited water supplies available to the area. = A tentative map clearly delineating all designated remainder parcels. -2:r �6r=: 9 -OAC) Gol-tM -5t-qrs r�C- X r S446Er ---� Ift Q Comments/Additional Requirements: Q If this recommendation is changed to a recommendation of approval based on additional information, the followirg would be recommended for inclusion in the conditions of tentative approval: Name IA J`"P-K- F91::- <3r1L-r: 4.1A Phone(6JS)46e "41*�;ate 11 9 " 9�q DEP 3RTMENT OF PUELIC WORKS LAND DEVELOPMENT DIVISION JRRE�F/PARCEL MAP NG. j56 2 5 CI'er.2 TENTATIVE MA? DATED !O - lt5- 8 [] It is recommended that this tentative map not be approved at this time under the provisions of Section 66474 of the Subdivision Map Act. .. [7 However, if the Advisory Agency determines that the site is physically suitable for this project and decides that the recommendation of. denial .by the Director of Public Works is not appropriate, then the following recorrmendaticns should be included in the conditions of tentative approval. Q If the Advisory Agency will have assumed responsibility for'the geologic and soils _condition of the site they should insert any conditions that they will need in order to issue a compliance letter on the final map with respect to geologic and soils requirements. It is recommended that this tentative map not be approved at this time. This .,dation is based upon information or lack of information that is available recortai►e: concerning the subject property. The re recommendationmoval of this recommendation is. contingent upon the submission -and satisfactory review of the following: sj_ r_��-- 0 If this recommendation is changed to a recommendation of approval based on additional information, the following would be recommended for inclusion in the conditions of tentative approval:. Name 70t"i YD 3 %ar7d , Phone 818��- `�' 3� Date$�- DEPARTMENT OF PUBLIC I _<S LAPID DEVELOPMENT DIVIS-.)N ` TRACT/PARCEL MAP NO. I S (o Z S AW, TENTATIVE MAP DATED The following report consisting of pages are the recommendations of the Depart- ment of Public Works. The following conments/requirements for this tentative map are in- dicated by an X in the appropriate box along the left margin of the -page. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions of approval, or Department policies must be specifically approved in other conditions, or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. The distances from the proposed lot/parcel lines to the buildings which are to remain must be shown. If such distances will create nonconforming conditions under Building Code Chapters 5, '18, 19 and 21 or Zoning Ordinance requirements, such lot/parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to the division of land.-. C:1 The relationship of existing buildings/sewage disposal component to the new lot/ parcel lines will create conditions that do not comply with the Building Code/Plumb- ing Code/Zoning Ordinance. These non -complying conditions shall be corrected or the lot/parcel lines relocated prior to the division of Land. Easements are tentatively requireds subject to review by the Director of Public Worts to determine the final locations and requirements. f,j? Easements shall not be granted or recorded within areas proposed to be granted, dedi- cated, or offered for dedication for public streets, highways, access rights, build- ing restriction rights, or other easements until after the final map is filed with the County Recorder. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior to the filing of the final map. In lieu of establishing the final specific locations of structures on each lot/parcel at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the County Code and other ap- propriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utili- ties Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Elec- trical Code, and Fire Code. Improvements and other requirements may be imposed pur- suant to such codes and ordinances. 0 Prior to final approval, arrangements will be made for the County to accept as offered on filed in DEPARTME24T OF PUBLIC Y' Z LAND DEVELOPMENT DIVIS�.,jrt - SUBDIVISION SECTION TRACT /PARCEL NEAP NO. 1 -SG Z :7 XV . TENTATIVE MAP DATED 10 -1 (0- $1 Q Thirty days prior to -requesting final approval of the tract/parcel map submit gummed mailing labels for each tenant in the structure to be converted, a notarized af- fidavit signed by all of the owners listing all vacant units, a minimum deposit of. twenty -five -($25) dollars for each occupied unit, and recorded copies of all cove- nants and agreements applipable to this conversion project to the Director of Public Works. Copies of the covenants and agreements must be mailed to all 'tenants by the applicant at least thirty days prior to final approval. Q Prior to final approval of the tract/parcel map submit a notarized affidavit to the Director of Public Works, signed by all owners of record at the time of filing of the map with the County Recorder,. stating that any proposed condominium building has not been constructed or that all buildings have not been occupied or rented and that said building will not -be occupied or rented until after the filing of the map with the County Recorder. All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the location, owner, purpose, and recording reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Department of Regional Planning for approval. O Furnish this Department's Street Name Unit with a list of street names acceptable to the subdivider. These names must not .be duplicated within a radius of 20 miles. (� A Mapping and Property Management Division house numbering clearance is required prior to approval of the final map. The following note shall be placed on all tract and parcel maps with lot/parcel sizes of five acres or more: "Further division of this property to lot/parcel sizes below five acres will require standard improvements be completed as a condition of approv- al . The improvements will include but not be limited to providing access, installa- tion of water mains, appurtenances and fire hydrants, and conformance to Los Angeles County development standards." D Place standard condominium/residential planned development/commercial planned development/Landscape Maintenance District notes on the final map to the satisfaction of the Department. Place standard lease purpose only/division of land for lease purpose only notes on the final map to the satisfaction of the Department. Q Label driveways and multiple access strips as "Private Driveway and Fire Lane" and delineate on the final map to the satisfaction of the Department. = If unit filing occurs, reserve reciprocal ingress and egress easements in documents over the private driveways and delineate on the final map -to the satisfaction of the Department. = Place a note on the final map to the satisfaction of the Department to convey as a unit both portions of ownership within lot/parcel , separated by , and connect said portions with 2 standard land hook. DEPARTMENT OF PUBLIC WC `S LAND DEVELOPMENT DIVIS-, - SUBDIVISION SECTION TRACT/PARCEL MAP ISO. x762 S OLSV, TENTATIVE MAP DATED Q Remove existing structures prior to final approval. G� Provide proof of access prior to final approval and delineate on the final, map. �1 Quitclaim or relocate easements running through proposed structures. A final I~ -^I ---" r parcel map must be processed through the Director of Public Works prior to being filed with the County Recorder.*, Prior to submitting the kwweb aiq6iisr parcel map to the Director of Public Works for his examination pursuant to Section$ 6e*!@ mi8ier 66450 of the Government Code, ob- twin clearances from all affected Departments and Divisions, including a clearance from the Subdivision Section of the Land Development Division of this Department for the following mapping items: mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. [� If the subdivider intends to file multiple final maps, he must so inform the Advisory Agency at the time the tentative map is filed. The boundaries of the unit final maps shall be designed to the satisfaction of the Director of Public Works and the Depart- ment of Regional Planning. C Show the remainder of the last legally created parcel as a "Remainder Parcel" on any final map to the satisfaction of the Director of Public Works. 0 Extend lot/parcel lines to the center of private and future streets. ;2!5. If signatures of record title interests appear on the final map, a preliminary guarantee is needed. A final guarantee will be required. If said signatures do not appear on the final map, a title report/guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 0 Additional Comments/Requirements: Name m.AP_'_ Fl_=ST�L ejl� Phon 616 �U' 5 Date Il "q DEPARTMENT OF PUBLIC FORKS (LDDRI) LAND DEVELOPMENT DIVISION -ROAD UNIT 1♦/PARCEL MAP NO.� &ZSL y� TENTATIVE MAP DATED Id -kc7 ❑ The subdivider shall prepare signing and striping plans for all multi -lane streets and highways within or abutting this land division to the satisfac- tion of the Department. ❑ The centerlines of all local streets shall be be alignedused without i thoure a trcreating eet changeogs of less than 150 feet. A one foot jog may width from 60 feet to a 58 feet right of way. ❑ The minimum centerline ads rgrades iusi 350feall local eed l0streets with 40 feet between curbs and on all ❑ The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road/Sewer/dater Section's "Requirements for Street Plans" and sight distances per the current AASHTO. ❑ Design local streets to have minimum centerline curve radii which will pro- vide centerline curves of 100 feet minimum length. Reversing curves need not exceed a radius of 1,500 feet and any curve need not exceed a radius of 3,000 feet. The length of curve outside of the BCR is used to satisfy the 100 foot minimum requirement. ❑ Compound curves are preferred over broken -back curves. Broken -back turves must be separated by a minimum of 200 feet of tangent (1,000 feet for multi -lane highways). ❑ The central angles of the right of way radius returns shall not differ by more than 10 degrees on local streets. ® 'Provide standard property line return radii of 13 feet at all local street intersections, including intersection of local streets with General Plan Highways, and 27 feet where all General Plan Highways intersect, or to the satisfaction of the Department. ❑ Construct drainage improvements and offer easements needed for street drainage or slopes. ® Driveways to be abandoned shall be replaced with standard curb, gutter, and sidewalk. tR Repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the subdivision. ❑ _ Construct additional pavement on partially improved highways to provide a striped (left-turn/right-turn) Iane at entrance street intersection(s). ❑ Driveways will not be permitted within 25 feet upstream of any catch basins when street grades exceed ❑ Construct full width sidewalk at all walk returns. ❑ Construct a slough wall outside the street right of way when the height of slope is greater than five feet above the sidewalk and the sidewalk is adja- cent to the street right of way. ❑ Provide and install street name signs prior to occupancy of building(s). DEPARTMENT OF PUBLIC WOR. LAND DEVELOPMENT DIVISION -- ROAD UNIT (LDOR3) �/ PARCEL MAP N0. 157, V, TENTATIVE MAP DATED (©—f Q -89 [] Offsite improvements are tentatively required. Existing trees in dedicated right of way or right of way to be dedicated shall be removed if they are not acceptable as street trees. Dd All utility lines shall be underground per Section 21.24.400, of Title 21 of Los Angeles County Code. Contact Construction Division at (818) 458-3141 for new location of any above ground utility structure in parkway. �] Prior to final approval, enter into a written agreement with the County of Los Angeles, whereby the subdivider agrees to pay to the County of Los Angeles, Department of Public Works,a sum of $ or the Bridge and Thoroughfare District fee in effect at recor- dation, whichever is greater times the factor per development unit times the applicable number of units/number of acres. These funds are for the purpose of contributing to a proposed Bridge and Major Thoroughfare Benefit District to implement the highway element of the General Plan as a means of mitigating the traffic impacts of this and other subdivisions in the area. The form of security for performance of said agreement shall be negotiable. The agreement shall include the following provisions: Upon establishment of the District and the area of benefit, the fee shall be paid to a special Department of Public Works fund. In the event funds are required for work prior to formation of the District, the Director of Public Works may demand a sum up to a maximum of $1,000 times the factor" per development unit to be credited toward the final fee established under the District. The subdivider may construct improvements of equivalent value in lieu of paying fees established for the District subject to approval of the Director of Public Works. The Director. of Public Works may require the developer to submit a traffic report periodically that addresses traffic congestion and the need to mitigate the problems prior to issuing building permits. Factors for development units are as follows. Development Unit Factor Single family residential 1.0 Townhouses (condominiums) per residential unit (4 or more residential units per structure) 0'8 Apartments per residential unit 0.7 Industrial per acre 3.0 Commercial per acre 5.0 [] Postal delivery receptacles shall be located behind the sidewalk and installed in groups to serve two or more residential units. DEPARTMENT OF PUBLI #ORKS (LDDR2) LAND DEVELOPMENT Dl,�SION - ROAD UNIT �/PARCEL MAP NO. I S &? S(..e-EJ) TENTATIVE MAP DATED ® Prior to final approval, the subdivider shall enter into an agreement with the County franchised cable t.v. operator (if an area served) to permit the installation of cable in a common utility trench. [� Whenever there is an offer of a future street or a private and future street, -provide a drainage statement/letter. [� Whenever the centerline of the existing pavement does not coincide with the record centerline, provide a new centerline to the satisfaction of the Department of Public Works. If offsite street improvements are required, it shall be the sole responsibility of the developer to acquire the necessary right of way and/or easements. [� Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. Q Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. [� Design the intersections of local streets with General Plan Highways to provide a mph sight distance from the local street. Additional right of way dedication and/or grading may be required. Bear the cost of any traffic signal relocation or modification at the intersection of and ® Dedicate right of way 50 feet from centerline on Gran A Ve (unless already dadicafied� Dedicate right of way --feet fropm se+erlinn on 8rerz n_ A,/ e Dept"s sad, r fcetio� . Dedicate right of way feet from centerline on Dedicate right of way feet from centerline on Q Make an offer of private and future right of way feet from centerline on Make an offer of private and future right of way feet from centerline on DEPARTMENT OF PUBLIC WORKS LDDR4 LAND DEVELOPMENT DIVISION - ROAD UNIT �/PARCEL MAP NO. 1S&Z5 6fer)TENTATIVE MAP DATED ❑ Make an offer of future right of way feet from centerline on Make an offer of future right of way feet from centerline on Make an offer of future right of way feet from centerline on ❑ Dedicate slope easements feet wide on Dedicate slope -easements feet wide on Dedicate slope easements. feet wide on ❑ Dedicate slope easements to the satisfaction of the Department of Public Works on �J Dedicate the right to restrict vehicular access on Gran d Aye. ❑ Dedicate vehicular access rights on unless the Department of Regional Planning requires the construction of a wall. In such cases, complete access rights shall be dedicated. ❑ Construct curb and gutter feet from centerline on Construct curb and gutter feet from centerline on ❑ Construct wheelchair ramp at the intersection of and ❑ Construct base and pavement on ❑ Construct drainage facilities on ® Construct sidewalks on Aleo, X01. ❑ Construct grading and drainage facilities on ® Street Tights are/ required on Bsea Cyn -'d �ran� Aye . to the satisfaction of the Department. Contact Street Lighting Section, (818) 458-5926. DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION -ROAD UNIT (LDDRS) �/PARCEL MAP NO. 15 6Z5CeeV1 TENTATIVE MAP DATED [j Construct inverted shoulder pavement feet (lane width) and feet (shoulder width) Construct inverted shoulder pavement feet (lane width) and feet (shoulder width) M Plant street trees on Grand Aye. 4h. Rd [] Construct curb, gutter, base, pavement, sidewalks and street lights on [� Permission granted for street grades up to % as. shown on map. [] Permission granted,'to vacate .Easements shall be provided for all' utility companies that have facilities remaining within the vacated area. [] Prior to final approval, pay the fees established by the Board of Supervisors for the Bridge and Major Thoroughfare Construction Fee District in effect at the time of recordation. The current applicable fee is S per and is subject to change. A traffic study is required to the satisfaction of the Department. Comply with any additional requirements, if any, as a means of mitigating any traf- fic impacts as identified in the traffic study approved by this Department. If a Bridge and Thoroughfare District is formed and if signals identified in the study are included as facilities specifically identified for inclus- ion in that approved District, then the amount and eligibility for a credit against your District obligation may be given if approved by the Department of Public Works. Comments/Additional Requirements:. Can.stru/1 wed ei 'de s p n 6ra,,d Ave- At x c s 2a n d 4 Name Tom Hoagland Phone 818) 458-4910 Date //- o__9 - 8 CITY ENGINEER/SUPERINI )ENT OF STREETS -Y OF %,�-2n, LAND DEVELOPMENT DIVISION - SANITARY SEWER UNIT /PARCEL MAP NO. AQ10 0-<- TENTATIVE MAP DATED 6/fI- [] The distances from all sewage disposal components to the proposed lot/parcel lines must be shown. If any such sewage disposal component is not on the same lot/parcel as the building it serves, or if it does not meet the horizontal clearance require- ment of the Plumbing Code (Table 11-1), the proposed lot/parcel line shall be relo- cated to so provide, or a replacement sewage disposal system complying with Plumbing Code requirements shall be provided prior to division of land . [] The subdivider shall install and dedicate main line sewers and serve each Tot/parcel` with a separate house lateral or have approved and bonded sewer plans on file with the Department of Public Works. [] The subdivider shall install separate house laterals to serve each building/lot/parcel in the land division. Installation and dedication of main line sewers may be neces- sary to meet this requirement. [] The subdivider shall submit an area study to the Director of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Director of Public Works. [] The subdivider shall send a print of the land division map -to the County Sanitation District, with a request for annexation. Such annexation must be assured in writing. [] Sewer reimbursement charges as determined by the Director of Public Works shall be paid to the County of Los Angeles before the filing of this land division map. [] Ordinance frontage charges as determined by the Director of Public Works shall be paid before filing this land division map. [] The subdivider shall determine from the Las Virgenes Municipal Water District where the connection to the trunk sewer system and disposal facilities of the District shall be made, and shall meet the requirements of the Water District for the use of the sewerage facilities. Acceptance by the District must be assured in writing. [] Off-site improvements are tentatively required. Easements are t required, subject to review by the Director of Public Works to determine the final locations and requirements (or) /of 3 Ih pr0�107A4') A deposit is required to review documents and plans for final map clearance in accor- dance with Section 21.36.010(c) of the Subdivision Ordinance. [] The discharge of Sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pur- suant to Division 7 (commencing with Section 13000) of the Water Code. [] Approved without conditions. f�? Comments/Additional Requirements: L f� lG1G49461AO Z, In 71V Name ,� C.hs�it,/y / _ ~_ _ _ Phone No. (818) 458-4909 Date �C� DEPARTMENT GE PUBLIC WORKS LAND DEVELOPMENT DfYfSION - DRAINAGE AND GRADING SECTION rjt*er/PARCEL MAP N0.'„ iS6Gs. TENTATIVE MAP GATED 10-16-89 �] The property is reasonable free of flood hazard. and adjacent to the natural drainage courses Portions of the .property lying in are subject ta. flood hazard because of tidallwave action, overflow, inundation, and debris flows. Portions of the property are subject to sheet overflow, and Y _ cessary support documents to comply with the following approved to the satisfaction of the Director of Public requirements must be Works prior to filing of the final map_ acilities t d dedicate Provide drinaefeasementsand/orvrightsfofawayaonrn the final map. and show necessary the Place a note of flo6n theafdinaimapeandndelineate othe9areas!ParcEls subject to a only) -flood hazard. Dedicate to the County the right to restrict the erec- tion of buildings in the flood hazard areas. Show on the final map the County's/Flood Control District's right of way for ER -L7-16 7S Z . A permit will be -required far any construc- tion affecting the right of way or facilities. if a Grant of Waiver is allowed, the flood hazard note (and area) shall be shown on (a plat which is made part of) the waiver. Provide for the proper distribution of drainage. Shaw and label all natural drainage courses on lots where a note of flood.hazard is allowed. No building permits will be issued for latsels subject to flood hazard until the buildings are adequately protected. Provide far contributory drainage form adjoining properties. Qprior to approval .of the final map, the subdivider shall be required to enter into an agreement with the County to pay to the County a sum of - for the purpose of contributing to the proposed regional drainage improvements in the Antelope Valley prior to occupancy or upon demand of payment by the Director of Public Works. The performance of said agreement shall be guaranteed by only a cash deposit. prior to approval of the final map, the subdivider shall be required to enter into an agreement with the County to establish a Drainage Benefit Assessment Area for the maintenance of the drainage facilities. Q Notify the Sate Department of Fish and Game prior to commencement of work within any natural drainage course. QContact the Corps of Engineers to determine if 404, permit is required for any proposed work within the major watercourse. DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT OIYISION - DRAINAGE AND GRADING SECTION T* E /PARCEL MAP NO. ZSd 5 TENTATIVE MAP DATED /D "/S -$`Z This site is located in zone °A" per the Federal Flood Insurance Rate Map. Upon construction of .the storm drain facilities, contact the Planning Division (818) 458-4322 to obtain procedures for revising the flood insurance rate map. ®A deposit is required to review documents and plans for final map clearance 1n accordance with Section 21.36,010(c) of the -Subdivision Ordinance. [] Comply with the requirements of the drainage concept approved to the satisfaction of the Department of Public forks, Approval of this map pertaining to drainage is recommended. Drainage requirements for this site will be established upon review of the building permit. Comments/Additional Requirements: ,K A grading plan must be submitted and approved prior to approval of the final map. ,® A preliminary soil report must be submitted prior to approval of the final map. The report, based upon adequate test borings or excavations, shall (1) describe any soil or geologic condition(s) which, if not corrected might lead to structural damage slope failure, and (2) recommend action likely to prevent structural damage or slope failure. A soil expansion index test is required and shall be done in accordance with the procedures of USC Std: No. 29-2. 0 The tentative map shows that proposed slopes will cross lot/parcel lines. For approval of grading plans, these slope or lot/parcel lines shall be adjusted so that lot/parcel lines are located at or near the top of the slopes, along drainage terraces, or at similar locations acceptable for establishment of slope maintenance responsibilities. ® A deposit is required to review documents and plans .for final map clearance in accordant -e with Section 21.36.010(c) of the Subdivision, Ordinance. Q Approval of this map pertaining to grading is recammended. 0 Comments/Additional Requirements: Name.��l�_! I_�e. _tet .�.. _'err _� Oate Phone (818 458-4921 DEPARTMENT OF PURL WORKS j�� dls ed LAND DEVELOPMENT Di,ISION - MATER ORDINANCE SUSUNI. T4 f'/PARCEL MAP NO. TENTATIVE MAP DATED 1,19 [] Provide all materials necessary to substantiate that there is an adequate water supply and a firm commitment from the water purveyor that the necessary quanties of water will be available to the proposed development. From •the information available to tilis' office, there are only limited water supplies available to the area. _ 1 _ A water system with appurtenant facilities to serve,.all lots/parcels in the. land division must be provided. The system shall include.fire hydrants of the type and location as determined by the Forester -and.Fire Warden. The water mains shall be sized to accommodate the total domestic and fire flows. [] Construct the necessary improvements to the existing water system to accommodate the total domestic and fire flows. According to our records, the water mains serving this proposed land division do not have adequate capacity. J C There shall be filed with the Department a .statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot/parcel. C] This proposed land division is not within the service area of a water utility. A water utility to provide service to all lots/parcels within the land division must be formed and -registered. C] A water Utility Certificate of Registration shall be filed with the Department. [] A warning note shall be placed on the final map and/or in the CC & R's indicating that the area has a limited ground water supply and water may not be available during periods of severe drought. C] Off-site improvements are tentatively required_ j Easements shall be granted to the County, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the Department. f A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance.; C] Approved without conditions. Comments/Additional Requirements= Name Ct . S2 Phone (SIS) 458-4910 Date lD-'-3% -65 Fara 247 2/139 FORESTER ANO FIRE WARDER TRACT hAP NO. //� PARCEL ?EAP NO.1 5'6 �S VICINITY 4 4ISfG�1C CONDITIONS OF APPROVAL FOR SUBDIVISIONS IN UNINCORPORATED AREAS TENTATIVE KAP DATE I I This property is located within the area described by the Forester and Fire harden as Fire Zone 4 and future construction must comply with applicable"code requirements. I I Brush clearance shall comply with the Los Angeles County Fire Code, Division V, Section 11.501 through Sections 11.529. EL1Provide water mains, fire hydrants and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. N1 All required fire hydrants shall be installed, tested and accEnted prier to construction. Vehicular access must be provided and maintained serviceable throughout construction. C I If the installation of a fire hydrant is required where grading of natural slopes abut the hydrant, a retaining wall shall he constructed to ensure adequate access to the hydrant. C I The County Forester and Fire Warden i5 prohibited by the Subdivision Ordinance from setting requireaents for water mains, fire hydrants and fire flows as a condition of approval for this division of land as presently zoned and subcitted. C I There are no additional firs hydrants or fire flows required far this division of land. Requirements for fire protection, nater and access will be determines at time of building permit is_uance. C I Additional fire protection systems shall be installed in lieu of suitable accass and/or fire protection water. I I Access shall cgsply with the Los Angeles County Fire Code, Sectici 10.207 which require=_ all-Neather access. All-weather ac,:2_S may MMir2 paving. s rJ r`:rz Denartaent access shall extend to Within l° TEES distancEi of my arraign of strilLtSres to be built. C I Where drivExayS extend further than 300 feet and are of Single access de=ign, turnarounds suitable for fire protection equifl:ent use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to ensure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways Nhich extend over 150 fs_t. Ck The private driveway shall be indicated an the final oap as 'ME LAFEC° and shall be -maintained in accordance with the Los Ancelss County Fire Code, SQctian 10.207, Gs1"'Proride Fire Depart-ment approved -street signs and building address numbers prior to occupancy. C 1 Prior to rsczrda-iian of the final map, agolicaticn shall be made to t== Los Angeles County Fire Department requesting Oona an on into the Fire Pratectian Dist,-;ct. I I The Forester and Fire Barden has no additional requireperits for this division of land. For further infor:ation an the above conditions, please contact the C -Cunt',' or LOS k02125 Fire D20artnEni, Fire- Protection Engine -r ng Sic: =(n. 5E23 Rickenbacker Road, Comaerca, CA 90040 t21 -D, Form 265 5/86 C._ jNTY OF LOS ANGELES FIRE D. .RTMENT FIRE PROTECTION REQUIREMENTS -- UNINCORPORATED AREAS SUBDIVISION � e� - TENTATIVE MAP�7AT�� REVISED REPORT [ } The County Forester and Fire garden is prohibited from setting requirements for water mains, fire hvdrants and fire flows as a condition of approval for this division of land as presently zoned and submitted. However, water requirements may be neces- sary at tine of Building Permit issuance. [ l Eydrants'and fire flow are adequate to meet current Fire Depart- ment requirements. [j Theequired fire flow for public fire hydrants at this location is .�adQ gallons per minute 0 20 psi for' a duration of hours, over and above maximum daily domestic demand. [ I The required cn-site fire flow for private on-site hydrants is gallons per minute at 2'0 psi. Each private on-site hy- drant must be capable of flowing gallons per minute at 20 psi with any two hydrants flowing simultaneously. [ Fire hydrant requirements are as follows: Install_ Public Fire Hydrant(s) Install Private On -Site Fire Hvdrant(s) Upgrade Public Fire Hydrant(s). [(' All hydrants shall. measure 6"X4"X2 1/2" brass or bronze, con- forming to current AWWA standard 0503 or approved equal. All hydrants shall be installed a minimum of 25' from a structure or protected by a (2) two hour fire wall. Location: [� All required fire hydrants sH—a-71 be installed, tested and accepted prior to construction. Vehicular access nest be provided and maintained serviceable throughout construction. [ I Additional on-site hydrants may be requires during the building per -nit Process. [v?� Comments 02key e f� Z:A%A All hydrants shall be installed in conformance with Title 20, L.A. Countv Gove=ent Code. This shall include minimum six-inch diGreeter mains. Arrance*aents to neer these requirements must be made with the water purveyor serving the area. ZONE MAP BY Ami GRID /d - ?_V-1 F11RE PRC)` ECT T ON ENGI-NEE INN SECTION - ( 213 ) /20-5141 DFPP.FFt'ITIEidi' Cr MALT -i3 SMWICES PARCEL, YAP NO. � 2-�� TENTATIVE MAP PATE: VICINITY The Los Angeles Count Depaxtment of Health Services reccrmends the sanitary sewers be instaYled to serve proposed Parcel Map No.��. bye water will be supplie Although sanitar I sewers are not available and the tract. will be depander upon the use of individual seg.- a disposal systems,the County of Lc Angeles Department of Health Services has no objection to the approval c proposed Parcel Map No._ on condition that: . The private sewage disposal syystem will be installed in ecrrlianc with Los Angeles County Health Codes and Building and Safety Cores. b. If, because of future grading, or for any other reason, it is four that the requirements of the Plwnbing Cede cannot be met on any c the proposed lots, the Deparar�en't of Health Services will rec hz that no building peimat be issued for the construction of hcYres c such lots. C. Skye I-js S!3 ofthe be installed. by the size and type of sewac Drrsrestic water will be supplied by The installat=on and location of private sewage disposal systems will I Loos Angeles on CCoUn yeDerpas enr t ofsof Public Works e��g Geology Division of tt The Los Arceles Ccunt;y� pepartsrt of Health Services will a�rove ar permit . tri ins�,allat on of septic � tic tanks with the effluent discharging in: seepa a pits or, leaching lines o be used as the method of sewage dissa on al lbrs of Parcel Map No.-. We have bee_* advised , byy countyy Public Works Sanitary Sewer Unit th, sanity smears are ava-Ilable and that their use will be required for the Parcel !ap. Edi td�c-a1 Viers illt not e supplier but will be developed by t This report will not necessarily be applicable to any smaller pence: which may be created 'by future sZ=hdivisian of the lots shcsrn on t tentative rep under consideration at this time The Las Angeles County Department of Health Services has xo objection the tentative approval of this Parcel Nap_ However, it must be unaersta that the mtiZod of sewage disposal has not yet been determined or approved di bey' the Ca1i�f = the rda Reg on�al Watery ialityoControlcontingent B� a rd ant upon the app On Until. we have napproved the method of sewage disposal, we shall be =nab to approve the Tinal Parcel Map. The sub ivider shall obtain a pe7- nit and approvalfrom the Los Angel County Dena_-^=neZt of Health Sarvices for the destruction or constructz- af any water well on this pro -pert In the event the well is to main`,,li=- -a : for future use, the well si�a1I be protected from flccc in contam: na :ion or such protectaan which the Health officer dete=Lnes ?o adequate. Ccsrnients : AGENDA NO.aa, _-GITY OF DIAMOND BAR AGENDA REPORT DATE:— March 13,1990 — — _MEETING DATE: March 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis A. Tarango, Acting Planning Directsgu� PROJECT NO.: Parcel Map 15625 APPLICATION DATE: PROJECT NAME: APPLICANT: REQUEST: Oct. 27, 1889 Diamond Bar Honda M. J. Wyatt Parcel Map (PM) The application requests approval to sub -divide a parcel into four (4) lots. Property Location: 525 South Grand Avenue. The site is located Westerly of Grand Avenue, Southerly of Brea Canyon Road, Northerly of the.Orange (57) and Pomona (60) Freeways in the City of Diamond Bar. Zone Designation: C -3 -DP (Unlimited Commercial with a Development Program). LAND USE CHARACTERISTICi3: Currently the site is zoned C -3 -DP and is approximately 4.8 acres in size. It is bounded by the Orange and Pomona Freeways, a major highway Grand Avenue, to the East, Brea Canyon Road to the North, and the City of Industry to the North. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BYh / I Ribbert L. Van Nort City Manager AR300.FRM 3/90 Andrew V. Arczynski City Attorney 1 Linda Magnuson Sr. Accountant The site is currently developed. and Diamond Bar Honda is located on the Northern most part of the parcel. This site would be identified as Parcel No. 1. BACKGROUND: The application is a request to subdivide a 4.8 acre parcel into four (4) parcels. (Parcel No. 1 is approximately 2.3 acres, Parcel No. 2 is approximately 1.2 acres, Parcel No. 3 is approximately 1 acre, and Parcel No. 4 is approximately one-third acre). The parcels are then proposed to be commercially developed. The applicant is proposing a multi -use development which will include an addition to Diamond Bar Honda of a parking structure and accessory use structures on Parcel No. 1. Parcel No. 2 is the proposed site of a McDonald's Restaurant. A car wash is proposed on Parcel No. 3 and Parcel No. 4 is the proposed site of a future office building. DISCUSSION: The subdivision of this site is consistent with commercial zone Practices to divide a large parcel into smaller sites. The proposed development and the division of the parcel is not foreseen to be inconsistent with the General Plan, nor with the existing land use designations. The site is isolated from other land uses within the City and is served primarily by Grand Avenue which is scheduled to open in the Fall, 1990. A traffic report has been completed with all necessary mitigation conditions provided with these conditions implemented, traffic will not have a negative impact. ENVIRONMENTAL: A mitigated negative declaration is recommended as a result of traffic, visual, and biota reports. This environmental determination has been published in the San Gabriel Tribune. Notice of Public Hearing was mailed to all property owners as provided by the applicant, in a 700 foot radius of the project property line. RECOMMENDATION: THE PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PROJECT TO THE CITY COUNCIL. THE FOLLOWING ARE THE ACTIONS TO BE ADDRESSED: * ENVIRONMENTAL DETERMINATION: MITIGATED NEGATIVE DECLARATION * PARCEL,MAP 15625, SUBDIVIDING PARCEL INTO FOUR LOTS * CITY COUNCIL RESOLUTION NO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL DETERMINATION FOR PARCEL MAP 15625 AND A REQUEST TO SUBDIVIDE A PARCEL OF REAL PROPERTY INTO FOUR (4) LOTS... MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON." RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL DETERMINATION FOR PARCEL MAP 15825 AND A REQUEST TO SUBDIVIDE A PARCEL OF REAL PROPERTY INTO FOUR (4) LOTS. THIS PARCEL IS LOCATED AT 525 S. GRAND AVE., DIAMOND BAR, CALIFORNIA, MAKING FINDING IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. A. Recitals. (i ) Emad Hamdy, an agent for Russel Hand, heretofore filed an application.for approval to subdivide a parcel into four (4) lots, denominated as Parcel Map 15625, located at 525 S. Grand Ave., City of Diamond Bar, California. Hereinafter in this Resolution, the subject parcel map is referred to as "the Parcel Map.." (ii) The City Council of the City of Diamond Bar, on March 20, 1990, conducted a duly noticed public hearing on said application and concluded said public hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows; 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This City Council hereby finds and determines that the Parcel Map shall receive a Negative Declaration as provided in the California Environmental Quality Act of 1970, as amended, pursuant to the provisions of 2 California Code of Regulations Section 15301 (Class 1). 3. Based upon substantial evidence presented to this Council during the above -referenced March 20, 1990 hearing, and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Subdivision applies to property presently zoned C--3 located at 525 S. Grand Ave., City of Diamond Bar, California, and consists of approximately 4.8 acres of land; (b) The properties to the north are zoned residential and are located in the City of Industry. To the east, south, and west, the property is bounded by the Pomona Prwy and zone ©pen Space and is developed by the Diamond Bar Gol-f Course. (c) The property is projected to be depicted within the Commercial category of the General Plan; (d) The site is physically suitable for the Parcel Mao and is generally level to sloping and has access to City -maintained streets; (e) The Parcel Map will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area nor will the Parcel Map be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the Parcel Map, nor will the Subdivision jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; (f) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required pursuant to the ordinances of the City of Diamond..Bar; (g) The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic and other public or private service facilities as are required. 4. Based upon the findings and conclusions set forth herein above, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds as follows: 2 (a) There is a reasonable probability that the Parcel Map will be consistent with the proposed General Plan; (b) There is little or no probability that the Parcel Map will be of substantial detriment to, or interfere with, the proposed general plan for the area of the subject site; and (c) The Parcel Map, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 5. Based upon the findings and conclusions set forth above and the conditions set -Forth below in -this Resolution, this Council hereby approved the said Parcel Map subject to each and every condition set forth'herein. 6, The City Council hereby imposes the following reasonable conditions: (a) This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed at the City Planning Office their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. (b) The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. (c) This grant will expire unless exercised within one year from the date of approval. A one-year time extension may be requested before the expiration date. 3 (d) If any provision of this grant is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse. (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. (f) Notice is hereby given that any person violating a provision of this grant is gui.lty of a misdemeanor. Notice is further given that the City Council, after conducting a public hearing, revoke or modify this grant, if it finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public health or safety or so as to be a nuisance. (g) This grant allows the existing parcel to subdivide into four (4) lots with the following restrictions on use; (1) See attachments "Exhibit A" entitled Conditions of Approval For Parcel Map 15625. (h) The Parcel Map shall comply with all requirements of the State of California and the Subdivision Map Act. Before recording the Final Map, the City Engineer shall certify that the Final Map is in major compliance with the approved map and conditions. 4 (i) Three copies of a Final Map, similar to the Parcel Map as presented at the public hearing and conforming to such, shall be submitted for approval of the Director of Planning: (j) The subject property shall be developed .and maintained in substantial compliance with the plans on file. In the event that the subsequent revised plans are submitted, the written authorization of the property owner is necessary. (k) All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless otherwise set forth in these conditions or shown on the approyed plans. (1) The subject facility shall be maintained in compliance with requirements of the Los Angeles County Department of Health Services. Adequate water and sewage facilities shall be provided to the satisfaction of said Department. (m) Upon receipt of this Resolution, the permittee shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire warden to determine what facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided as may be rewired by said Department. (n) A11 structures shall conform with the requirements of the Department of Building and Safety as recommended by City Council. 5 7. This Council hereby provides notice to the Emad Hamdy and Russell Hand that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 9. The City Clerk is hereby directed to certify to the adoption of this Resolution and, by certified mail, return receipt requested, forward a copy to the Emad Hamdy and Russell Hand at its address of record as set forth in the application for said Parcel Map. PASSED, ADOPTED AND APPROVED this 20 day of March, 1990. Lynda Burgess, City Clerk 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 1950, 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 [01 CONDITIONS OF APPROVAL FOR PARCEL MAP 15625 1. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with re- quirements of ordinances, general conditions of approval, or Depart- ment policies must be specifically approved in other conditions, or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. 2. The distances from the proposed lot/parcel lines to the buildings which are to remain must be shown. If such distances will create non- conforming conditions under Building Code Chapters 5, 18, 19 and 21 or Zoning Ordinance requirements, such lot/parcel lines shall be relocat- ed or the non -complying conditions of the buildings shall be corrected prior to the division of land. 3. Easements are tentatively required, subject to review by the Di- rector of Public Works to determine the final locations and require- ments. 4. Easements shall not be granted or recorded within areas proposed to be granted, dedicated or offered for dedication for public streets, highways, access rights, building restriction rights, or other ease- ments until after the final map is filed with the County Recorder. If easements are granted after the date of tentative approval, a subordi- nation must be executed by the easement holder prior to the filing of the final map. 5. In lieu of establishing the final specific locations of struc- tures on each lot/parcel at this time, the owner, at the time of issu- ance of a grading or building permit, agrees to develop the property in conformance with the County Code and other appropriate ordinances such as the Building Code, Plumbing Code, Grading. ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. Improvements and other requirements may be imposed pursuant to such codes and ordinanc- es. 6. All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the loca- tion, owner, purpose and recording reference for all existing ease- ments. If an easement is blanket or indeterminate in nature, a state- ment to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a cor- rected tentative map to the Department of Regional Planning for ap- proval. 7. A f inal parcel map must be processed through the City Engineer prior to being filed with the County Recorder. 8. Prior to submitting the parcel map to the City Engineer for his examination pursuant to Section 66450 of the Government Code, obtain clearances from all affected Departments for the following mapping items. mathematical accuracy; survey analysis; and correctness of certificates, signatures, etc. 9. If signatures of record title interests appear on the final snap, a preliminary guarantee is needed. A final guarantee will be re- quired. If said signatures do not appear on the final reap, a title report\guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. 10. Provide standard property line return radii of thirteen (13) feet at all local street intersections, including intersection of local streets with General Plan Highways, and twenty-seven (27) feet where all General Plan Highways intersect, or to the satisfaction of the De- partment. 11. Driveways to be abandoned shall be replaced with standard curb, gutter, and sidewalk. 12. Repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the subdivision. 13. All utility lines shall be underground per Section 21.24.400, of Title 21 of Diamond Bar City Code. Contact Construction Division at (818) 458-3141 for new location of any above ground utility structure in parkway. 14. Prior to final approval, the subdivider shall enter into an ag- reement with the County franchised cable t.v. operator (if an area served) to permit the installation of cable in a common utility trench. 15. Dedicate right of way fifty (5o) feet from centerline on Brand Avenue (unless already dedicated). Dedicate right of way on Brea Can- yon Road to the Department's satisfaction. 16. Dedicate the right to restrict vehicular access on Grand Avenue. 17. Construct sidewalks on Brea Canyon Road. 18. Street lights are required on Brea Canyon Road and Grand Avenue to the satisfaction of the Department. Contact Street Lighting Sec- tion, (818) 458-5926. 19. Plant street trees an Grand Avenue and Brea Canyon Road. 20. A traffic study is required to the satisfaction of the Depart- ment. Comply with any additional requirements, if any, as a means of mitigating any traffic impacts as identified n the traffic study ap- proved by this Department. If a Bridge and Thoroughfare District is formed and if signals identified in the study are included as facili- ties specifically identified for inclusion in that approved District, then the amount and eligibility for a credit against your District obligation may be given if approved by the City Engineer. 21. Construct full width sidewalks on Grand Avenue along Parcels 2 and 4. 22. Easements are required, subject to review by the Director of Pub- lic Works to determine the final locations and requirements (on lot 3 in favor of lot 4). 23. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 24. The subdivider must obtain written permission from the Outlet Agency (City of Industry) to discharge sewerage into their facility. 25. Portions of the property are subject to sheet overflow. 26. Necessary support documents to comply with the following require- ments must be approved to the satisfaction of the City Engineer prior to filing of the final map: 1. Show on the final map the County's/Flood Control District's right of way for PD1782. A permit will be required for any construction affecting the right of way of facilities. 2. Provide for the proper distribution of drainage. 3. Provide for contributory drainage from adjoining properties. 27. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance. 28. A grading plan must be submitted and approved prior to approval of the final map. The report, based upon adequate test borings or excavations, shall: I. describe any soil or geologic condition(s) which, if not corrected might lead to structural damage slope failure, and 2. recommend action likely to prevent structural damage or slope failure. A soil expansion index test is required and shall be done in accordance with the procedures of UBC Std. No. 29-2. 29. A water system with appurtenant facilities to serve all lots/par- cels in the land division must be provided. The system shall include fire hydrants of the type and location as determined by the Forester and Fire Warden. The water mains shall be sized to accommodate the total domestic and fire flows. 30. There shall be filed with the Department a statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water ser- vice will be provided to each lot/parcel. 31. Easements shall be granted to the city, appropriate agency or entity for the purpose of ingress, egress, construction and main- tenance of all infrastructure constructed for this land division to the satisfaction of the Department. 32. Provide water mains, fire hydrants and fire flows as re- quired by the County Forester and Fire Warden for all land shown on the map to be recorded. 33. All required fire hydrants shall be installed, tested and accept- ed prior to construction. vehicular access must be provided and main- tained serviceable throughout construction. 34. Fire Department access shall extend to within one hundred fifty 150 feet distance of any portion of structures to be built. 35. The private driveway shall be indicated on the final map as "FIRE LANES" and shall be maintained in accordance with the Los Angeles County Fire Code, Section 10.207. 36. Provide Fire Department approved street signs and building ad- dress numbers prior to occupancy. 37. All on site roadway/ driveways serving these properties shall provide a minimum unobstructed width of twenty-six (26) feet clear to the sky to within one hundred fifty (150) feet of all portions of the exterior walls of the first story or any building previous. 38. The required fire flow for public fire hydrants at this location is five thousand (5,000) gallons per minute at twenty (20) psi for a duration of five (5) hours, over and above maximum daily domestic de- mand. 39. Fire hydrant requirements are as follows: Install four (4) Pub- lic Fire Hydrant(s). 40. Fire hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard 0503 or approved equal. All hy- drants shall be installed a minimum of twenty-five (25) feet from a structure or protected by a two (2) hour fire wall. Location as per map on file with this office. 41. All required fire hydrants shall be installed, tested and accept- ed prior to construction. Vehicular access must be provided and main- tained serviceable throughout construction. 42. Provide fire flow date. 43. The Los Angeles County Department of Health Services recommends the sanitary sewers be installed to serve proposed Parcel Map No. 15625. 44. The owner's statement indicates that domestic water will be sup- plied by walnut Valley water District. 45. The development program shall run concurrently on the parcels, exclusive of ownership, timing, phasing or development of the lots, for the duration of the parcel map. �d NOTICE OF PUBLIC HeARING The Diamond Bar City Council will conduct a public hearing on: A minor land division to create 4 parcels on 8.75 acres. Project location: 525 S. Grand Ave. Diamond Par, CA VICINITY MAP OF PROJECT: r4tr� This case does not af=_cz the zoning e= surrounding property. If you are unable to attend the public hearing, but wish to sena written comments , please write to the City Plannlng Department at the address given below, Attention: Rob Searcy You may also obtain additional information concerning this case .fly phoning the Planning Department at (714) 860-3195. Materials for this case are also available at: Diamond Ear County Library 1061 Scuth Grana Avenue Diamond Ear, CA 91765 DATE OF HEARING: Marcb 2Q r_ 1990 TIME OF HEARING: 6:00 P.M. LOCATION OF HEARING: _ WalnutVa31ey- School District - 880 S. Lemon Ave. Walnut, CA CASE MATERIALS AND ENVIRONMENTAL STUDY: Ara available for review during regular business hours at: City of Diamond Sar Planning Department 21660 East Copley Drive Ciamond Ear, CA 91765 Published in: San Gabriel Valley Tribure on3-12-00 Progress Bulletin 3-12--90 Project No,:_. TR/PM; (VI Lead Sac.: CAT Ex. _ Los Angeles County Department of Regional Planning ZONING AND SUBDIVISION APPLICATION As required by Chapters 22.15 22.56 & 21-40 of the Los Angeles county Code r The following information is necessary for the teviuw of ALL applications. Failure to furnish information will delay action. Attach extra sheets if necessary. Please read instructions carefully. FLECORD OWNER(S) APPLICANT APPLICANT'S AGENT (Engineer, Licensed Surveyor, Other and please indicate if engineer is also an Tedrus Properties agent) Name Russell. (land Name H.J. Wyatt Name Ernad Ilamdy Address 525 S. Grand Avenue Address 233 N. Euclid Avenue— Address 233 N. Euclid Avenue City Diamond liar City Ontario City Ontario Zip 91765 Phone (714) 594-6632 Zip 91762 Phone (711) .984-0406 Zip 91762 Phone 1714) 984-0406 (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.! CONSENT: Icor: to the submission of the application accompanying this request. % Signed Date ? /-T-/ 8-; (Alt record ownersl CERTIFICATION: 1 hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Signed Date (Applicant or Applicant's Agent) Location 525 S. Grand Avenue, Diaatond Bar California 91765 (Street address or distance from nearest cross street) between Grand Avenue and Brea Canyon Road (Street) (Street) in Zone C3DP San .lose Zoned District )1q_-337 11 -and Use, not postal zona) HNM/FS_II9-_34t CSl TBG `f7'I Assessor -i �CTj ` Planning Area Ck4USGS Contract City Diamond'Bar _ Supervisorial District L.A. County General Plan Category_ t2u- �'oart Local Plan Category (if applicabfe) %� % Local Plan r 1!'L Project Size (gross acres) 4.8 Project Density Previous Cases 2093 - 1) Present Use of Site Retail Automobile Dealership _ Addition to the Automobile Dealership Usaappliedfor._._____� Addip (80,000 sq. ft. Parkin Structure, 2,000 sq..ft. Parts Department;, 400 sq. ft. Office) 5,000 sq. ft, Fast Food Restaurant and Car Wash Facility. over Op(,J-JA-L. Domestic Water Suurce City _ Company(Distria walnut: Valley W/Wi strict Method at Sewage Di sposal Street Sanitation District Grading of Lots by Applicant? Yes--! No— Amount x.000 (Shaw necessary grading design an site plan or tent. map.) LEGAL DESCRIPTION (All ownership comprising the proposed lots/proj:ct) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change. APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TY;17 OF REQUEST — Che each request applied tar and complete appropriate sections, PLAN AMENDMENT REQUEST Countywide/local Pian or Area Plan Land Use Map Change: From To Acres From - To Acres Other Countywide (Gen. Dev., Housing & Spec, Mgmt.) Map Change: From To Acres From To Acres Identify Text Change(s) to CountywidelLocal or Area Plan Desired: Total Project Units Currently Allowed By: (a) C'Ar Plan (b) Local Plan Total Project Units Permitted If: (a) CW Plan Amr:.nded (b) Local Plan Amended Total Acres Involved: (a) (b) SERVICES: Existing and Proposed: Gas & E=lectric Education Fire Access Sheriff ZONE CHANGE REQUEST Zone: From Acres TO Acres CONDITIONAL USE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS Permit Type Ord, No. Project Site: Area devoted to: structures open space Gross Area No. of Lots Residential Project and Proposed density Gross Area NO, of f€oars Units/Acres Number and types of Units Residentia€ Parking: Type Required Provided Tota[ Required Total Provided (continued on next page) CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC. 22.56.040 In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Zoning Board and/or Commission, the following facts: 76CA31 u - l- A A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2.- Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. .Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The proposed development as detailed in the Application and the plans represent services that is needed in the community and there is nothing expected from this development to have any adverse affect on the well being of any property or persons in the vicinity of the site. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The site is adequate in size and shape and location to accommodate the proposed development, C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and, improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private se -rice facilities as are required. The site is served by Pomona Freeway Crand 4ventin and Brea Canyon Road and ideally located near an "on" and "off" ramps from Pomona Freeway. The site has adequate water, sewer and power supplies. L._ f+ WALNUT _ f _ _._M% f p4, z zoic 1 zasoa Fo 2C.o ,�p"o 11 � ti r_E Rp FUE�F W� NTrL 1 ��'`. .•?�-'.�°n, �' _ 6?'OLE ! 1 �: H ~'.•. .' '•y,,� ,,Coo 40 .i1 ••a F r • :_ tEG 7E -,+Jr �4 ,Fa OR 1BE•' REI • �../. / aRwRx i!�"'y%'9 a evPp"{��°_�•� Y ,yn.MpaCONui �. �`_ LA4uENZE a• r�� / _7C,NbSs�u =l'i�.:�.�f� ! PiC x �An� E4R RJ 4 t = c x•'•40 • �7: f! M„p �r��3' ; vv,a� r . o w u 'PC r - L: o % • o L f•��'' � �b �� k•� .� INT. 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Z,;;c J i �ut W;' ION RICLE ST Tr1N£a pL=vaa=aj4 �`�S �,y'!� ._9 j• .�_ � .v ,�.-J.�7 .� l7 �°47yck� �•ltigt', `" F rp7- y Q c pti� •r ✓ r a�r � HI' ti Op Yi r'CA%LEAFJAN. iO ``\ Y .4�H:LL ,'�, •,:� f 5``�f]• =Y� {r 1 TI `\ Z �� '� .E Q :QQ- `�� AGC i �( •••{Y' ; [ ��'•R G�.�T iF�" _T{ ¢ \Oar ql!A~� rr'r 4"4 �� \C '47 �^U[y `nom � �' r• Y INITIAL STUDY QUESTIONNAIRE COUN'T'Y OF LOS ANGELES j A. [ to ML INFORMATION oject Applicant (Owner): M.J. Wyatt Associates -- Architects Name 233 N. Euclid Avenue Ontario, California, 91762 (714) 984-0406 Phone Nunber 1. Action requested and project description: 2. Street location of prajent: Project Representatives Emad Hamdy ummme 233 N. Euclid Avenue Address Ontario. Cal forma 91762 (714) 984--0406 Phone Number Tentative Parcel Map 525 S. Grand Avenue, Diamond Bar 3a. Present use of site: Automobile Dealership 3b. Previous use of site or structures: 4. Please list all previous cases (if any) related to this project: 2093 - (1) S. Other related permit/approvals required. Specify type and granting agency. 6. Axe you planning future phases of this project? /N/ if yes explain.: Additional Building on Parcel 4 7. Project area: Covered by structures, paving: L.andscap ing, open sr -ace: Total area: 8. Numer of floors: 9. Present zoning: 10. Water and sewer service: Domestic Public Water Sewers Lis service exist at site? gliD /9/ A/ If yes, do purveyors have capacity to meet demand � 1!7 A of project and all other approved projects? If do estEc water or public sewers are not ava ab; _, :leer will these services be prc•' v3? M 3 tial prO7e�-- =s 1. Num. er -and typeof units L2. Schools: What school districr saYves the property? o 1 f ac i i"� es adequs Are existing schoto to meet project needs? If not, what provisions ,,gill be ride for additional classroc�s? Non Residential projects: 13. Distance to nearest resideni?al,uetc ) sensitive use (school, hose floor area of buildings: 14_aer and 15.Nuricer of e*nployees and shifts: operating hours 17 . ope , tjees r shi i t: 16. Maximum ploy 18. r"e 18. Identify any: End products - Waste products Means of disposal roduce hazardous suostances such as oil, pesticides, L _ Do project operations use., sore or p If yes, -explain: hemicals, paints, or radioactive materials? /Y/ / % c Ii yes, explain: operations re Your quire any pressurized tanks. 20- DO � able, reactive or explosive materials to he located on-site- �-�— 21_ Identify any fla"'l r� t_ac?cs travel through If es, eXpla4n, f----- �7ill delivery or s1'�i�e_=' C highway? f y G2 _ s to rear ==-e nearest residential area .-2- s 1. Environmental Setting 1L Project Site a. Existing use/structures b. Topography/slopes *c. Vegetation M. Animals *e. Watercourses f. Cultural/historical resp=ces g. Other 2. Environmental Setting --- Surrounding Area a. Existing uses/structures (types, densities): b. Topography/slopes *c. Vegetation *d. A.niraals *e, Watercourses f. Cultural/historical resources g. Other 3. Are there any major trees or _ the site, including oak trees? / If yes, type and number: 4. Will any natural watercourses, surface flow patterns., etc, be changed through project development?:407 /N/ If yes, explain: A box culvert was constructed on site as sown on plans. :ears are not rE u.v.-._. it : a - - not _ontai_. natuzal, •-nip _ _...,. B. ENVIRONMENTAL INFOPMATION (cont.) 5. Grading: Will the project If yes, how many Will it be _ require grading? i %N/ cubic yards? Zgi Q balanced. on site? /Y% /N/ If not balanced, where will dirt be obtained or deposited? Obtained 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncanpacted fill)? /Y/ & If yes, explain: ?. Is the property located within a :nigh fire hazard area (hillsides with moderately dense vegetation? /Y/ 99 Distance to nearest fire station: 8. Noise: Existing noise sources at site: Freeway Noise to be generated by project: None 9. Fumes: Odors generated by project: None Could toxic fames be generated? No - 10. What energy -conserving designs or naterial will be used? Comply with Title 24 CERTIFICA`iION- I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: 9/5/89 (Signature) For: Tedrus Properties APPLICANT Name: ALLachment ,demo 60. 10 cz FORM A FOR Dii FRM INA -HON OF ASSEMBLY --U-SF--------- -- PARKING REQUIREMENT PURPOSES - OCCUPANT LOAD Building and Safety Division Los Angeles County Department of Pudic Works AG aARPo 7_1_4y • Address: '� 3`7'D Grp• �.� tf��G,fs ��. %J��l Cfj: 9d.lo�a Telephone No.: S Ida X 7�9 AGENT Name: �/ Qty✓ �%/¢� Address: . !r Telephone No.: ATION -PROPOSED USE: CURRENT USE: This application must be completad and submit ad with 'three sets o c nc�p4ua1 T -- plans r�arke; Parking Exhibit A, in order to oetoin aeternination occupant, load from the County Engineer pursuant to Sections ZZ -E2 -109E and 2?.oc.l10Q of the Les Angeles County Code - Zoning Ordinance. The assembly areas are to be designatad A, B, C. ... and the proposed use and occun ant load of each area clearly indicatad bath on the plans and page Z o, this form. Proposed seating layouts should be Shawn where applicable - Far additional infor-mation for completing. tris rcrm and obtaining a de_ar;nined oC4lpant load, see "Instruction For Determining Parking Requirements - Asse-mbly -a5". Z5 " At La �hmen t: memo n fi0 . �.0 raposea ltin3murt� eLerra�neo= Arfla Use Occupant Occupant Load Occupant Load Load f i ' g0 - ^ - y Y Y Y Y Y v r Y•• 5 _ p+!]n �� AAAAAAAAA 1h hAAAAA i{ i��C``1 S}}'((��l}]q _ yVVVV YYY VVYY �rVYYXYYYYYYY VYY OC:,-.UPAN � LOAO XAAAAhhAAAAh AAAA AAAAAAAAAA - y� { {'},� (� f VVYY VVYYA VY ` Miximum 0 CUPAN T LOA � AAAAAAAAAAAAyAnh 1{Ir nQ C`L\it�lJJ XAnXXXXXAAAXAAA FOR DESIGN F[iK, Q� - �OtAt_ A+Sc:'�LY QErC!JFAXY LOAO OE i ERMINED 8Y COUN 7 ENGINEER* *To be Completed by County Engineer - The subnti ,.ad plans have been reviewed and the assembly accspant load determined as indicated above. This deter„tination is for proposed parking re ui re. ten ts. only and does not ex�tpt the Applicant from Camp Z an=_ with any plancheck, permit or inspection requirements under County Ordinance. Ut i r -AMI NA 1 lurt Ur' ASSEMBLY OCCUPANT LOA ; �ARKIIG TYPE OF OCCUPANCY ASSEMBLY OCCUPANT LOAD G P:7) 4 - .BY -•.BY (PRINT NAME) SIGNATURE :C Q ATE G z I G O�Si.:•��.L �l k Eco L�p County of Los Angeles Department of Pudlk Wo?Rs bldg. Piancheck -.3rd Foor F.Q. Box 1487 A2mrnbra, CA 81872-1480 it A tc Regional Planning Return one copy or this signed fort and one Er111b L� DEPARTMENT OF PUBLIC WO - LAND DEVELOPMENT DIVISI, TRACT/PARCEL MAP NO. TENTATIVE MAP DATED I0 - 14 - 541 Q It is recommended that this tentative map not be approved at this time under the provisions of Section 66474 of the Subdivision. Map Act_ [Q However, if the Advisory Agency determines that the site is physically suitable for this project and decides that the recommendation of denial by the Director of Public Works is not appropriate, then the following recommendations should be included in the conditions of tentative approval. Q If the Advisory Agency will have assumed responsibility for the geologic and soils condition of the site they should insert any conditions that they will need in order to issue a compliance letter on the final map with respect to geologic and soils requirements. It is recommended that this tentative map not be approved at this time. This recommendation is based upon information or lack of information that is available concerning the subject property. The removal of this recommendation is contingent .upon the submission and satisfactory review of the following: Q A drainage concept. D An engineering geologic report. .JK -A soils —eper : S6aT #or4 srt iii. it -4 1 NI F [l Sufficient evidence to show that the sustained use of a private sewage disposal system is possible without inducing a geologic hazard. The Health Services Department and developer are advised that geologic conditions within this land division may severely limit or prohibit the use of a private sewage disposal system that will Lntroduce water into the subsurface. Q Provide all materials necessary to substantiate that there is an adequate water supply and a firm commitment from the water purveyor that the necessary quantities of water will be available to the proposed development. From the information available to this office, there are only limited water supplies available to the area. = A tentative map clearly delineating all designated remainder parcels- -2:r C:�>6 �G 9-oAo c:�� o1-4 GU L4 til e- t -41'S t -IE X T -N`8- E F --� FMM = Coarments/Additional Requirements: Q If this recommendation is changed to a recommendation of approval based on 2ddition21 information, the following would be recommended for inclusion in the conditions of tentative approval: [dame M PLK— Phone(e i8)4 -5e "4%�;ate i ( - �i - Vi DEPiRTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION /PARCEL MAP NO - 15 6 2 5 61P9 1 TENTATIVE MAP DATED 10-16- S9 _— [� It is recomended that this tentative map not be approved at this time under the provisions of Section 66474 of the Subdivision Map Act. However, if the Advisory Agency determines that the site is physically suitable for this project and decides that the recommendation of. denial by the Director of Public Works is not appropriate, then the following reccanendations should be included in the conditions of tentative approval. M If the Advisory Agency will have assumed responsibility for the geologic and soils condition of the site they should insert any conditions that they will need in order to issue a compliance letter on the final map with respect to geologic and soils requirements. ® It is recommended that this tentative map not be approved at this time. This ,recommendation is based upon information or lack of information that is available concerning the subject property. The removal of this recommendation is. contingent upon the submission and satisfactory review of the following: D If this recouniendation is changed to a recommendation of approval based on additional information, the following would be recommended for inclusion in the conditions of tentative approval: n�� Name Tor -)Tor -)Yon 9 %a/?p/ Pho*:e B� S�- ` %fQ Date DEPARTMENT OF PUBLIC 1 (J LAND DEVELOPMENT DIVIS_,)N TRACT/PARCEL MAP NO. G 2V • TENTA'T'IVE MAP DATED The following report consisting of pages are. the recommendations of the Depart- ment of Public Works. The following comments/requirements for this tentative map are in- dicated by an.X in the appropriate box along the left margin of the page. Details and notes shown on the tentative map are not necessarily approved. Any details or notes which may be inconsistent with requirements of ordinances, general conditions of approval, or Department policies must be specifically approved in other conditions, or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. jg The distances from the proposed lot/parcel lines to the buildings which are to remain must be shown. If such distances will create nonconforming conditions under Building Code Chapters 5, '18, 19 and 21 or Zoning Ordinance requirements, such lot/parcel lines shall be relocated or the non --complying conditions of the buildings shall be corrected prior to the division of land. _ [] The relationship of existing buildings/sewage disposal component to the new lot/ parcel lines will create conditions that do not comply with the Building Code/Plumb- ing Code/Zoning Ordinance. These non -complying conditions shall be corrected or the lot/parcel lines relocated prior to the division of land. Easements are tentatively required, subject to review by the Director of Public Works to determine the final locations and requirements. jig Easements shall not be granted or recorded within areas proposed to be granted, dedi- cated, or offered for dedication for public streets, highways, access rights, build- ing restriction rights, or other easements until after the final, map is filed with the County Recorder. If easements are granted after the date of tentative approval, a subordination must be executed by the easement holder prior -to the filing of the final map. In lieu of establishing the final specific locations of structures on each lot/parcel at this time, the owner, at the time of issuance of a grading or building permit, agrees to develop the property in conformance with the County Code and other ap- propriate ordinances such as the Building Code, Plumbing Code, Grading Ordinance, Highway Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of Utili- ties Ordinance, Water Ordinance, Sanitary Sewer and Industrial Waste Ordinance, Elec- trical Code, and Fire Code. Improvements and other requirements may be imposed pur- suant to such codes and.ordinances. [] Prior to final approval., arrangements will be made for the County to accept as offered on filed Ln DEPARTME34T OF PUBLIC V Z LAND DEVELOPME14T DIYIS,,ic( - SUBDIVISION SECTION TRACT /PARCEL MAP NO. f rV& 2 * f V -. TENTATIVE MAP DATED 1y-f(P-$9 Q Thirty days prior to.requesting final approval of the tract/parcel map submit gL=ed mailing -labels for each tenant in the structure to be converted, a notarized af- fidavit signed by all of the owners listing all vacant units, a minimum deposit of twenty-five .($25) dollars for each occupied unit, and recorded copies of all cove- nants and agreements applicable to this conversion project to the Director of Public Works. Copies of the covenants and agreements must be mailed to all tenants by the applicant at least thirty days prior to final approval. Q Prior to final approval of the tract/parcel map submit a notarized affidavit to the Director of Public Works, signed by all owners of record at the time of filing of the map with the County Recorder,. stating that any proposed condominium building has not been constructed or that all buildings have not been occupied or rented and that said building will not- be occupied or 'rented until after the filing of the map with the County Recorder. . All easements existing at the time of final map approval must be accounted for on the approved tentative map. This includes the location, owner, purpose, and recording .reference for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. If all easements have not been accounted for, submit a corrected tentative map to the Department of Regional Planning for approval. [Q Furnish this Department's Street Name Unit with a list of street names acceptable to the subdivider. These names must not be duplicated within a radius of 20 miles. [] A Mapping -and Property Management Division house numbering clearance is required prior to approval of the final map. Q The following note shall be placed on all tract and parcel maps with lot/parcel sizes of five acres or more: "Further division of this property to lot/parcel sizes below five acres will require standard improvements be completed as a condition of approv— al . The improvements will include but not be limited to providing access, insalla- tion of water mains, appurtenances and fire hydrants, and conformance to Los Angeles County development standards." C1 Place standard condominium/residential planned development/commercial planned development/Landscape Maintenance District notes on the final map to the satisfaction of the Department. Q Place standard lease purpose only/division of land for lease purpose only notes on the final map to the satisfaction of the Department. Q Label driveways and multiple access strips as "Private Driveway and Fire Lane" and delineate on the final map to the satisfaction of the Department. Q If unit filing occurs, reserve reciprocal ingress and egress easements in documents over the private driveways and delineate on the final map -to the satisfaction of the Department. [� Place a note on the final map to the satisfaction of the Department to convey as a unit both portions of ownership within lot/parcel , separated by , and connect said portions with a standard land hook. DEPARTMENT OF PUBLIC Wr "S LAND DEVELOPIENT DIVIS., _. - SLMDIVISION SECTION TRACT/PARCEL MAP NO. I r.,G 2 rJ" XSV, TEI4TATIVE MAP DATED C Remove existing structures prior to final approval. [� Provide proof of access prior to final approval and delineate on the final map. �1 'Quitclaim or relocate easements running through proposed structures. 1�5 A finalr parcel map must be processed through the Director of Public Works prior to being filed with the County Recorder.*%, _ � - ;L�t, Prior to submitting the __ parcel map to the Director of Public Works for his examination pursuant to Section$ -mT 66450 of the Government Code, ob- t2in clearances from all affected Departments and Divisions, including a clearance from the Subdivision Section of the Land Development Division of this Department for the following mapping items: mathematical accuracy; survey analysis; and correctness Of certificates, signatures, etc. D If the subdivider intends to file multiple final maps, he must so inform the Advisory Agency at the time the tentative map is filed. The boundaries of the unit final maps shall be designed to thb satisfaction of the Director of Public Works and the Depart- ment of Regional Planning. Show the remainder of the last legally created parcel as a "Remainder Parcel" on any final map to the satisfaction of the Director of Public Works. 0 .Extend lot/parcel lines tc, the center of private and future streets. 2. If signatures of record title interests appear on the final map, a preliminary guarantee is needed. A final guarantee will be required. if said signatures do not appear on the final map, a title report/guarantee is needed showing all fee owners and interest holders and this account must remain open until the final parcel map is filed with the County Recorder. = Additional Comments/Requirements: Naive MAS�=srt—az_.L_4 Phon e5i S'4r� Date It - 41 " gP� DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION -ROAD UNIT MORI ) �/PARCEL MAP NO. 15 ZS UJ _ TENTATIVE MAP DATED 1a -i C0 - g9 ❑ The subdivider shall prepare signing and striping plans for all multi -lane streets and highways within or abutting this land division to the satisfac- tion of the Department. ❑ The centerlines of all local streets shall be aligned without creating jogs. of less than 150 feet. A one foot jog may be used where a street changes width from 60 feet to a 58 feet right of way. ❑ The minimum centerline radius is 350 feet on all local streets with 40 feet between curbs and on all streets where grades exceed 10%. ❑ The minimum centerline radius on a local street with an intersecting street on the concave side should comply with design speeds per Road/Sewer/Dater Section's "Requirements for Street Plans" and sight distances per the current AASHTO. ❑ Design local streets to have minimum centerline curve radii which will pro- vide centerline curves of 100 feet minimum length. Reversing curves need not exceed a radius of 1,500 feet and any curve need not exceed a radius of 3,000 feet. The length of curve outside of the BCR is used to satisfy the 100 foot minimum requirement. ❑ Compound curves are preferred over broken -back curves. Broken -back curves must be separated by a minimum of 200 feet of tangent (1,000 feet for multi -lane highways). ❑ The central angles of the right of way radius returns shall not differ by more than 10 degrees on local streets. ® 'Provide standard property line return radii of 13 feet at all local street intersections, including intersection of local streets with General Plan Highways, and 27 feet where all General Plan Highways intersect, or to the satisfaction of the Department. ❑ Construct drainage improvements and offer easements needed for street drainage or slopes. ® Driveways to be abandoned shall be replaced with standard curb, gutter, and sidewalk. Repair any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the subdivision. ❑ Construct additional pavement on partially improved highways to provide a striped (left-turn/right-turn) lane at entrance street intersection(s). ❑ Driveways will not be permitted within 25 feet upstream of any catch basins when street grades exceed 6%. ❑ Construct full width sidewalk at all walk returns. ❑ Construct a slough wall outside the street right of way when the height of slope is greater than five feet above the sidewalk and the sidewalk is adja- cent to the street right of way. ❑ Provide and install street name signs prior to occupancy of building(s). DEPARTMENT OF PUBLIC WOR. (LDDR3) LAND DEVELOPMENT DIVISION - ROAD UNIT '/ PARCEL MAP NO. 15 ?x . TENTATIVE MAP DATED i4-ICo -$9 [] Offsite improvements are tentatively required. (� Existing trees in dedicated right of way or right of way to be dedicated shall be removed if they are not acceptable as street trees. M All utility lines shall be underground per Section 21.24.400, of Title 21 of Los Angeles County Code. Contact Construction Division at (818) 458-3141 for new location of any above ground utility structure in parkway. C] Prior to final approval, enter into a written agreement with the County of Los Angeles, whereby the subdivider agrees to pay to the County of Los Angeles, Department of Public Works, -a sum of $ or the Bridge and Thoroughfare District fee in effect at recor- dation, whichever is greater times the factor per development unit times the applicable number of units/number of acres. These funds are for the purpose of contributing to a proposed Bridge and Major Thoroughfare Benefit District to implement the highway element of the General Plan as a means of mitigating the traffic impacts of this and other subdivisions in the area. The form of security for performance of said agreement shall be negotiable. The agreement shall include the following provisions: Upon establishment of the District and the area of benefit, the fee shall be paid to a special Department of Public Works fund. In.the event funds are required for work prior to formation of the District, the Director of Public Works may demand a sum up to a maximum of $1,000 times the factor" per development unit to be credited toward the final fee established under the District. The subdivider may construct improvements of equivalent value in lieu of paying fees established for the District subject to approval of the Director of Public Works. The Director. of Public Works may require the developer to submit a traffic report periodically that addresses traffic congestion and the need to mitigate the problems prior to issuing building permits. Factors for development units are as follows: Development Unit Factor Single family residential 1.0 Townhouses (condominiums) per residential unit (4 or more residential units per structure) 0.8 Apartments per residential unit 0.7 Industrial per acre 3.0 Commercial per acre 5.0 [] Postal delivery receptacles shall be located behind the sidewalk and installed in groups to serve two or more residential units. DEPARTMENT OF PUSLI [ORKS (LDDR2) LAND DEVELOPMENT Dlv,SION - ROAD UNIT �/PARCEL MAP NO. S CPZSC. �- TENTATIVE' MAP DATED [5;Rj Prior to final approval, the subdivider shall enter into an agreement with the County franchised cable t.v. operator (if an area served) to permit the installation of cable in a common utility trench.. [] Whenever there is an offer of a future street or a private and future street,.provide a drainage statement/letter. [� Whenever the centerline of the existing pavement does not coincide with the record centerline, provide a new centerline to the satisfaction of the Department of Public Works. [� If offsite street improvements are required, it shall be the sole responsibility of the developer to acquire the necessary right of way and/or easements. [� Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. r7 Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. p Provide a horizontal and vertical alignment of mph on per the current Caltrans Highway Design Manual. Q Design the intersections of local streets with General Plan Highways to provide a mph sight distance from the local street. Additional right of way dedication and/or grading may be required. 0 gear the cost of any traffic signal relocation or modification at the intersection of and ® Dedicate right of way SO feet from centerline on Gran ve. tunless alrec�dr dadic4ted� Dedicate right of way on Br&Q n. ,Dd. c Dept's Sir tis faction . Dedicate right of way feet from centerline on Dedicate right of way feet from centerline on [� Make an offer of private and future right of way feet from centerline on Make an offer of private and future right of way feet from centerline on DEPARTMENT OF PUBLIC WORKS LDDR4 LAND DEVELOPMENT DIVISION - ROAD UNIT �/PARCEL MAP NO. 1S&Z5 Mey)TENTATIVE MAP DATED 10—I Cc —89 ❑ Make an offer of future right of way feet from centerline on Make an offer of future right of way Make an offer of future right of way feet from centerline on feet from centerline on ❑ Dedicate slope easements feet wide on Dedicate slope easements feet wide on Dedicate slope easements feet wide on ❑ Dedicate slope easements to the satisfaction of the Department of Public Works on I$1 Dedicate the right to restrict vehicular access on G,,z,,d AYe• ❑ Dedicate vehicular access rights on unless the Department of Regional Planning requires the construction of a wall. In such cases, complete access rights shall be dedicated. ❑ Construct curb and gutter feet from centerline on Construct curb and gutter feet from centerline on ❑ Construct wheelchair ramp at the intersection of and ❑ Construct base and pavement on ❑ Construct drainage facilities on ® Construct sidewalks on ,n ,Pd. ❑ Construct grading and drainage facilities on ® Street lights are/ required on dsecz Cyn. Rd. 4Tra"d Ave _ to the satisfaction of the Department. Contact Street Lighting Section, (818) 458-5926. DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION -ROAD UNIT (LDDR5) �/PARCEL MAP NO. 1 S Z5ec-�.TENTATIVE MAP DATED /(J — ICP -89 C] Construct inverted shoulder pavement feet (lane width) and feet (shoulder width) Construct inverted shoulder pavement feet (lane width) and feet (shoulder width) M Plant s treet trees on 6;,2 d Arse . � 8��.�. R� • _-- -- C] Construct curb, gutter, base, pavement, sidewalks and street lights on [] Permission granted for street grades up to % as shown on map. C] Permission granted.to vacate .Easements shall be provided for all utility companies that have facilities remaining within the vacated area. C] Prior to final approval, pay the fees established by the Board of Supervisors for the Bridge and Major Thoroughfare Construction Fee District in effect at the time of recordation. The current applicable fee is $ per and is subject to change. A traffic study is required to the satisfaction of the Department. Comply with any additional requirements, if any, as a means of mitigating any traf- fic impacts as identified in the traffic study approved by this Department. If a Bridge and Thoroughfare District is formed and if signals identified in the study are included as facilities specifically identified for inclus- ion in that approved District, then the amount and eligibility for a credit against your District obligation may be given if approved by the Department of Public Works. Comments/Additional Requ-irements: . Cansfiruc# walfx on rand Aye a o e e Is 2 an d Name Tom Hoagland Phone 818) 458-4910 Date_ 11-_o 9 - 89 CITY ENGINEER/SUPERINT }ENT OF STREETS -Y OF/1_Jr� f LAND DEVELOPMENT DIVISiuN - SANITARY SEWER UNIT /PARCEL MAP N0. A�e_'5_ TENTATIVE MAP DATED C] The distances from all sewage disposal components to the proposed lot/parcel lines must be shown. If any such sewage disposal component is not on the same lot/parcel as the building it serves, or if it does not meet the horizontal clearance require- ment of the Plumbing Code (Table 11-1), the proposed lot/parcel line shall be relo- cated to so provide, or a replacement sewage disposal system complying with Plumbing Code requirements shall be provided prior to division of land . [] The subdivider shall install and dedicate main line sewers and serve each lot/parcel with a separate house lateral or have approved and bonded sewer plans on file with the Department of Public Works. [] The subdivider shall install separate house laterals to serve each building/lot/parcel in the land division_ Installation and dedication of main line sewers may be neces- sary to meet this requirement. [] The subdivider shall submit an area study to the Director of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the Director of Public Works. [] The subdivider shall send a print of the land division map .to the County Sanitation District, with a request for annexation. Such annexation must be assured in writing. [] Sewer reimbursement charges as determined by the Director of Public Works shall be paid to the County of Los Angeles before the filing of this land division map. [] Ordinance frontage charges as determined by the Director of Public Works shall be paid before filing this land division map. [] The subdivider shall determine from the Las Virgenes Municipal Water District where the connection to the trunk sewer system and disposal facilities of the District shall be made, and shall meet the requirements of the Water District for the use of the sewerage facilities. Acceptance by the District must be assured in writing. [] Off-site improvements are tentatively required. Easements are tE:0J@g@ftJ+ required, subject to review by the Director of Public Works to determine the final locations and requirements (0,07 /07� [ A deposit is required to review documents and plans for final map clearance in accor- dance with Section 21.36.010(c) of the Subdivision Ordinance. [] The discharge of Sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pur- suant to Division 7 (commencing with Section 13000) of the Water Code. [] Approved without conditions, Comments/Additional Requirements: lT.fid tN na �"�Gbr jam/ SCtv�t /j'JD7��r~ /* Name/I e'ii / !� Phone No. (818) 458-4904 Date �C� DEAM0 rNID S A ki MEMORANDUM CITY CLERK; r N rl A �aE - 44 DATE: March 19, 1990; TO: Planning Department' FROM: Ronald L. Kranzer, Traffic Engineer SUBJECT: TRAFFIC IMPACT ANALYSIS DIAMOND BAR HONDA EXPANSION (McDONALDS, 'gr CARWASH & OFFICE BUILDING) - TENTATIVE PARCEL MAP 15625 As previously reported to your department, I find the subject report to be representative with regard to existing and proposed volumes, both total and peak hours. My major concern with the original report is that it proposed removing the existing raised median on Grand Ave. opposite the "McDonalds" entrance and allowing double left turns or ingress and egress across this median area to serve the McDonald's site. I then expressed my concern regarding this issue to the Traffic Engineer Consultant for the project and have subsequently received a revised plan for the median area which proposes an opening in the median opposite the McDonald's entrance off of Grand Ave. and to have this opening so designed to allow left turns into McDonalds but not out and across the median. I find this proposal acceptable but again as indicated, on occasions, I would rather not have an opening in the median at this location from a purely technical approach. At the Planning Commission meeting of 3-14-901 reiterated my position regarding the Traffic Impact Analysis for the subject project and further indicated that the matter of opening the median would have to be presented to the City of Industry for approval as this portion of Grand Avenue is within their jurisdiction. With regard to the applicability of the Traffic Impact Analysis to the PM - any possible proposed use of the property as proposed for division would seem appropriate to discuss and most certainly when it is considered to restrict vehicular access by a map condition. Once again my position, as Traffic Engineer for the City of Diamond Bar, is to accept the Traffic Impact Analysis for the Diamond Bar Honda expansion as prepared by Weston Pringle & Associates dated 1-10-90 with the revised opinion in the raised median opposite the proposed driveway for McDonald's and that said report and improvements on Grand Ave. are subject to the following: City of Industry approval of modifications on Grand Ave. 2. The proposed extension of Grand Ave, northerly of Diamond Bar Honda include a Traffic Signal for the intersection of Grand Ave. at Brea Canyon Rd. and the 60 Freeway on-off ramps. RKA CIVIL ENGINEERS 398 Lomon Creelc Dr., Walnut CA (714) 594-9702 Cgt[11] 331.8323 To: Planning Department Traffic Impact Analysis Diamond Bar Honda Expansion Page 2 NOTE: As a reminder, I have scheduled a meeting with City of Industry's City Engineer, Dennis Trango and myself for 3/21/90 at 11:00 a.m. to discuss this project as well as future jurisdiction of this portion of Grand Ave. and general street circulation in the subject vicinity. RLK:n b:2103:db-pin: pm15b25 Attachments: Revision to original report showing proposed opening in median opposite proposed McDonald's driveway on Grand -Ave. - � u i I 444 ✓i r 0 r DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - QRAINAGE AND GRACTION T-EvisED i�r1PARCEL MAP NO ATENTATIVE MAP DATED 10 0 The property is reasonable free of flood hazard. Portions of the property lying in and adjacent to the natural drainage courses are subject to flood hazard because of tidal/wave action, overflow, inundation+ and debris flows. Portions of the property are subject to sheet overflow, and pCM6�E-r-ted M cessary support documents to comply with the following requirements must be approved to the satisfaction of the Director of Public Works prior to filing of the final map: -� facilities to and/orve the rights#ofowayaonrthenfinaidedicate ma an 0 Place a note of flood hazard (allowed andnthe delineateothegareas lots/parcels subject to only) on the final map flood hazard. Dedicate to the County the right to restrict the erec- tion of buildings in the flood hazard areas. ' Show an the final map the County'slFlood Control District's right of way for PD J78Z. A permit will be -required for any construc- tion affecting the right of way or facilities. If a Grant of Waiver is allowed, the flood hazard note (and area) shall be shown on (a plat which is made part of) the waiver. ® Provide for the proper distribution of drainage- Q Shaw and label all natural drainage courses on lots where a note of flood.hazard is allowed. �] No building permits will be issued for lots/parcels subject to flood hazard until the buildings are adequately protected_ Provide for contributory drainage form adjoining properties. QPrior to approval .of the final map, the subdivider shall be required to enter into an agreement with the County to pay to the County a sum of - for the purpose of contributing to the proposed regional drainage .improvements in the Antelope Valley prior to occupancy or upon demand of payment by the Director of Public Works. The performance of said agreement shall be guaranteed by only a cash deposit. QPrior to approval of the final map, the subdivider shall be required to enter into an agreement with the County to establish a Drainage Benefit Assessment Area for the maintenance of the drainage facilities_ Notify the Sate Department of Fish and Game prior to comBencement of work within any natural drainage course - Contact the Corps of Engineers to determine if 404 permit is required for any proposed work within the major watercourse, DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION - DRAINAGTRA�ANls� GRADING SECTION -r/PARCEL MAP NO. 136 5 _``{TENTATIVE MAP DATE{ 141-14-91 This site is located in zone "A" per the Federal Flood Insurance Rate Map.. Upon construction of the storm drain facilities, contact the Planning Division (818) 458-4322 to obtain procedures for revising the flood insurance rate map. ® A deposit is required to review documents and plans for final map clearance In accordance with Section 21.36.010(c) of the Subdivision Ordinance. Q Comply with the requirements of the drainage concept approved to the satisfaction of the Department of Public Works. Approval of this map pertaining to drainage is recommended. Drainage `. requirements for this -site will be established upon review of the building_ permit. [� Comments/Additional Requirements: A grading plan must be submitted and approved prior to approval of .the final map. ,® A preliminary soil report must be submitted prior to approval of the final map. The report, based upon adequate test borings or excavations, shall (1) describe any soil or geologic condition(s) which, if not corrected might lead to structural damage slope failure, and (2) recommend action likely to prevent structural damage or slope failure. A soil expansion index test is required and shal-i be done in accordance with the procedures of UBC Std. No. 29-2. The tentative map shows that proposed slopes will cross lot/parcel lines. For approval of grading plans, these slope or lot/parcel lines shall be adjusted so that lotlparcel lines are located at or near the top of the slopes, along drainage terraces, or at similar locations acceptable for establishment of slope maintenance responsibilities. ® A deposit is required to review documents and plans .for final map clearance in accordance with Section 21.36.010(c) of the Subdivision -Ordinance. [� Approval of this map pertaining to grading is recommended. Comments/Additional Requirements: Name Date 16-31,84i _ Phone 818) 458-4921 -DEPARTMENT OF PUBi WORKS LAND DEVELOPMENT Di.ISION - WATER ORDINANCE SUBUNI- T4ALFTIPARCEL MAP NO. 45-W 2 S TENTATIVE MAP DATED lD--16 C] Provide all materials necessary to substantiate that there is an adequate water supply and a firm commitment from the water purveyor.that the necessary quanties of water, will be available to the proposed development. From -the information available to this- office, there are only limited water supplies available to the area_ , A water system with appurtenant facilities to serve �.alI lots/parcels in the. land division must be provided. The system sha]I incltade_fire hydrants of the type and location as determined by the Forester -2nd Fire Warden.. The water mains shall be sized to accommodate the total domestic and fire flows. C] Construct the necessary improvements to the existing water system to accommodate the total domestic and fire flows. According to our records, the water mains serving this proposed land division do not have adequate capacity. 1 G� There shall be filed with the Department a .statement from the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land division, and that water service will be provided to each lot/parcel. [] This proposed land division is not within the service area of a water utility. A water utility to provide service to all lots/parcels within the land division must be formed and -registered. [] A water Utility Certificate of Registration shall be filed with the Department_ C] A warning note shall be placed on the final map and/or in the CC & R's indicating that the area has a limited ground water supply and water may not be available during periods of severe drought. _C] Off-site improvements are tentatively required. X Easements shall be granted to the County, appropriate agency or entity for the purpose of ingress, egress, construction and maintenance of all infrastructure constructed for this land division to the satisfaction of the Department. W A deposit is required to review documents -and•plans for final map clearance in accordance with Section 21.36_010(c) of .the Subdivision Ordinance.' C] Approved without conditions. Comments/Additional Requirements: Namek 7�0l'• S S,�,l��j Phone (818) 458-49I0 Dake lD---3� — 89 Forc 267 8185 f FORESTER AND FIRE WARDEN TRACT MAP NO. PARCEL MAP NO.1 SG aS VICINITY 14r"MA A CONDITIONS OF APPROVAL FOR SUBDIVISIONS IN UNINCORPORATED AREAS TENTATIVE MAP DATE le�,JOW E I This property is located within the area described by the Farester and Fire harden as Fire Zone 4 and -suture construction oust caaply with applicable code requirements. E I Brush clearance shall cooply with the Los Angeles County Fire Code, Division V, Section 11.501 through Sections 11.529. Evolprovide water tains, fire hydrants and fire flaws as required by the County Forester and Fire Warden for all land shown an the tau to be recorded. EN All required fire hydrants shall be installed, tested and acc.gted Prior to construction. Vehicular access must be provided and aaintained serviceable thrnuahout construction. E I If the installation of a fire hydrant is required where grading of natural slanes abut the hydrant, a retainina wall shall be constructed to ensure adequate access to the hydrant. E 1 The County Forester and Fire Warden is prohibited by the Subdivision Ordinance frac settina requiremits far water gains, fire hydrants and fire flows as a condition of approval for this division of land as presently zoned and submitted. E 1 There are no additional fir-- hydrants or fire flaws required for this division of land. Requirements for fire protection, water and acs=ss will be detertiaed at tine of building per;it issuance. I I Additional fire pratEction systess shall be installed in lieu of suitable access andfor fire protection water. E I Access Shall co_ply with the Las Angeles County Fire Cade, SEcr cn 10.207 which requires all-weather access. All-weather access zay require paving. (UT"'Fire Depart;erat access snail extend to within i` fee C distance cf Q 0� Crtlinn Of structures t0 be built. E I Where driveways extend further than 300 feet and are of single access desian, turnarounds suitable for #ire protection equipment use shall be provided and shown an the final cap. Turnarounds shall be designed, COnstruCted and aaintained to ensure their integrity for Fire Depart;Qnt use. Where topoariphy dictates, turnarounds shall be provided for driveway=_ which Extend over 1SU feet. Ck"'Tre private driveway shall be indicated on the final gap as 'FIFE LAINEE' and shall be aaintained in accordance with the Los Anaele=_ County Fire Code, Section 10.207. I1r3*'Fravide Firs Departaent approved -street signs and building address numbers prior to occupanCy. E I Prior to r_c_rdatian of the final cab, application shall be made to the Las Anoeie=_ County Firm Depzrtaent requesting anrz3catian into the Fire PrateCti On E 1 The Forester and Fire Warden has no additional rehuirements far this division of land. rut rur�ner inter.atton oo LTL aOaVL concitiOns, please Contact the co',!;tY a; Las Anueles Fire departaelt, Fire Pratection En04re_ring Satticl, 5223 Ric<enbaczer Road, CcssercE. CA 40040 (21s) 7201-3-1-11 �, tial_. Form 265 5/86 L_ jNTY OF LOS ANGELES FIRE D. RTMENT FIRE PROTECTION REQUIREMENTS - UNINCORPORATED AREAS SUBDIVISION # TENTATIVE MAP DATYI'41117 REVISED REPORT [ ] The County Forester and Fire Warden is prohibited from setting r4quirements for water mains, fire hydrants and fire flows as a condition of approval for this division of land as presently zoned and submitted. However, water requirements may be neces- sary at time of Building Permit issuance. [ ] Eydrants*and fire flow are adequate to meet current Fire Depart- ment requirements. - Theequlred fire flow for public fire hydrants at this location is 0011 Q gallons per minute @ 20 psi fof a duration of S hours, over and above maximum daily domestic demand. [ ] The required cn-site fire flow for private on-site hydrants is gallons per minute at Z6 psi. Each private on-site hy- drant must be capable of flowing gallons per minute at 20 psi with any two hydrants flowing simultaneously. [ Fire hydrant requirements are as follows: Install� Public Fire Hydrant(s) Install Private Cn-Site Fire �iydrant(s) Upgrade Public Fire Hydrant(s). [CZ All hydr4nts shall measure 6"X4"X2 1/2" brass or bronze, con -- forming to current P_iv-WA standard 0503 or approved equal. ' All hydrants shall be installed a minimum of 25' from a structure or protected by a (2) two hour fire wall. Location: C All required fire hydrants shall be installed, tested and accepted" prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. [ 1 Additional on-site hydrants may be required during the building permit process. Jay' Comments � Q ✓//� �lIJL�J �A�A All hydrants shall be installed in conformance with Title 20, L.A. County Government Code. This shall include minimuzq six-inch diameter mains. Arrancements to meet these reMuicements must be made with the water purveyor serving the area ZONE MAP GRID FIRE PROTECTICN ENGINEERING SECTION - (213) 720-5141 DEPARxM� OF F A.L7H SERVICES r r PARCEL 2"IAP NO. :? 7 !ATNF, MAP PATE: VICINITY The Los Angeles County Detrtment of Health Services recarm_nds tha sanitary sewers be installed o serve proposed Parcel Slap No.�-. The e e ' Staten= in 'Cates t tic water will be supplie Althou h sanitary sewers are not available and the tract will he derznder upon the use of individual seta a c?ispasal systems, the County of Lc Angeles Department of Health Services has no objection to the approval e proposed Parcel Map No. on condition that: a. The private sewage disposals stesrLs will be installe-J in c=mlianc with Zos Angeles County Health Codes and Building and Safety Codes. b. If, because of future grading, or for any other reason, it is four that the reotiirements of the PIL ribin Code cannot he :stet on a..nv c the propos6dlots, the Depa*,�n�nt of Health Services will reca.., - that no building permit be issued for the construction of hcsres c such lots. C. ssyyste'ns that can legally beams celled -ed by the size and type of sewac Domestic water will be supplied by The installation and location of private sewage disposal systems will i contincent on the reguirenen^.ts of the Fngineer-long Geology Division of ti Los Angeles County DeparMert of Public Works. The Los Arceles Count Deva De pt of Health Services will a=rove ar pern't . the installation of se tic tar�cs with the effluent Basch ging int seegaae pits or leaching lines o be used as the rrethcd of sewage dists�st on all lors of Parcel Map No. We have bean advised by County Public Works Sanitary Sewer Unit th< sanitary s�:ers are available and that their use will be re�airec _L for t Parcel F.ap: Dcsrestic nater will not be supplied, but will be develop ec-- by t individual Viers of the lots. This report will not necessarily be applicable to any szi lle<r paxcw- which nay be created 'byfuture su ivision of the lots shcs�„ on t] tentative map under consideration at this time. The Los Angeles County Depart ent of Health Services he -s no objection the tentative approval of this Parcel Neap. Hcaever, it must be understoa that the method of sewage disposal has not yet born deteriraned or approved Approval off the method of sewage disposal is contingent upon the approv by -the California Regional Water lity Control Board, Region Until we have roved the method of sewage disposal, we shall be unab to approve the sinal Parcel Map. The sri divider shall obtain a pe_ -mit and approval fran the los Angel County Depar,ment of Health S-svices for the destruction or construati of any water well on this propertIn the event the well is to ma..in��*:�: for future use, the well shad be protected from flccdin contamination or such protection which the Health Officer determines �o adequate. Camp—rits : �Zf� ) 7V�e-- 3 Z- "a, P .Weston Pringle & Associates ;ESA TRAFFIC & TRAKSPORTATION ENGiINEERING January 10, 1990 Mr. Emad Hamdy M.J. Wyatt Associates 233 N. Euclid Avenue Ontario, CA 81762 Dear Mr. Hamdy: This report summarizes the analyses of the. proposed Diamond Bar Honda project located on the southwest side of Grand Avenue, northwest of the Orange/Pomona Freeway (S.R. 57/S.R. 60 combined section.) in the City of Diamond -Bar. This study is based on information provided by you, conversation with the City traffic consultant, field studies of the area, previously completed analyses, and standard reference materials. PROJECT DESCRIPTION The proposed project includes an'. expansion (3,575 square feet) of the existing Ronda dealership, a 5,000 square foot McDonald's restaurant, a car wash facility, and potential for a 2,500 square foot office building. The Honda dealership has access to both Grand Avenue and Brea Canyon Road while the car wash facility will have entrance/exit only at Brea Canyon. The proposed McDonald's restaurant will have access to both Grand Avenue and Brea Canyon Road_ The existing median on Grand, along the project frontage is proposed. to be removed and replaced by a two way left turn lane. The potential office building would also be expected to utilize the McDonald's driveways. Figure 1 shows the project location in relationship to the surrounding street system 2651 East Chan man Avenue - Suite 1I0 * Fullerton. California 92651 • {7177 871-2931 (c PROJECT LOCATION WESTON PRINGLE & ASSOCIATES FIGURE -3 - EXISTING CONDITIONS Grand Avenue has a northwest -southeast alignment with a portion which exists northwest of the City of Industry and a section between the City of Industry and the San Bernardino County line. Grand Avenue is planned to be extended through the City of Industry in the near future which connect the City of Diamond Bar and City of Walnut portions of Grand. In conjunction with the Chino Hills project, Grand would be extended to the east providing access to the City of Chino. -Full freeway access is provided at both the San Bernardino Freeway (I-10) and the S.R. 57/S.R. 60 Freeway. Along the project.frontage, Grand provides three lanes northwest bound and two southeast bound separated by a raised median. Southeast of the S.R. 57/S.R. 60 Freeway, a raised median separates four travel lanes. A 45 mile per hour speed limit is posted. A traffic signal is currently being designed by the County of Los Angeles for the Grand/SB Ramps intersection. Brea Canyon Road in the project vicinity is a two lane undivided street with parking allowed on both sides. Brea Canyon aligns with the S.R. 57/S.R. 60 southbound/westbound ramps at Grand Avenue. South of this intersection, Brea Canyon follows the project frontage then the road is closed just beyond the proposed project site. The two most critical intersections expected to be impacted by the proposed project are Grand Avenue at the Northbound Ramps and Grazed at the Southbound Ramps. In order to .analyze these study intersections, AM- and Mand PM peak hour counts were conducted by Weston Pringle and Associates. Field data were also collected regarding the existing intersection geometrics. ..The field data were utilized in the Intersection Capacity Utilization (ICU) methodology of intersection analyses. An ICU value is calculated in this methodology based on the peak hour intersection volume and the -4 - available intersection roadway capacity. These volumes are then related to levels of Service (LOS) which are qualitative descriptions of intersection operations and range from "A" (the best) to -"F" (the worst). It is generally recognized that LOS A through D represent acceptable operations while LOS E and F indicate an over 'capacity situation- Appendix A contains a more detailed explanation of ICU and its relationship to LOS. Table 1 exhibits the ICU- and LOS values for existing volumes and geometries. Both of the study intersections currently operate at LOS A during the AM and PM peak hours, which is the best level of operations. PRE -PROJECT CONDITIONS An important consideration in the analyses of the proposed project is the impact of the completion of Grand Avenue through the City of Industry. Once the Grand Avenue connection from Diamond Bar to Walnut is completed a redistribution of existing traffic is expected. Some of the vehicles which currently use Brea Canyon Road between the Pomona Freeway (S.R. 50) and Valley Boulevard, in conjunction with Valley Boulevard between Brea Canyon and Grand, were assumed to use the Grand Avenue connection. In addition to the redistribution of existing traffic, it was necessary to include the impacts of other approved projects in the area. A traffic study (1) was recently completed for a development in the project site area. For this study the County of Los Angeles, City of Walnut, and City of Industry were contacted to obtain a list of approved but nor- constructed otconstructed projects. We were also requested to include the impacts of the Chino Hills project based on a traffic study (2) for that development. Table 2 provides the location and a description of the other area projects included in this study. Figure 2 illustrates the locations of these "other" projects. The volume impacts on the study intersection, of the (1) "Munson Properties"; prepared by Weston Pringle & Associates; September 13, 1989 (2) "Analysis or Chino Hills Traffic Impact on Grand Avenue in Diamond Bar"; prepared by Kunzman Associates; December, 1983 -5 - TABLE I INTERSECTION ANALYSES ICU/LOS Existing Pre Project _ Post Project INTERSECTION AM PEAK PM Peak AM PEAK PM PEAK AM PEAK PM PEAK Grand/NB Freeway Ramps 0.21/A 0.22/A 0.72/C 0.72/C 0.79/C 0.76/C Grand/5B Freeway Ramps 0.17/A. 0.23/A 0.57/A 0.73/C 0.60/A 0.76/C ICU — Intersection Capacity Utilization LOS — Level of Service } TABLE 2 OTHER AREA PROJECTS PROJECT LOCATION DESCRIPTION 1. Munson Properties Valley Boulevard & Brea Light Industrial Canyon Road 306,904 SF 2. Lyon Homes Grand Avenue & Mountaineer Road Residential - 40 DU 3. Industrial Currier Road & Lemon Avenue 675,000 SF 4. Industrial Brea Canyon Road & Old Ranch Road 110,877 SF 5. Commercial/Office Brea Canyon Road & Lycoming Street. 70,000 Sr (Ass=ed) 6. Hotel Golden Springs & Gateway 184 Rooms 7. Marlborough Homes Grand Avenue & Amar Road. Residential - 40 DU 8. Chino Hills Grand Avenue in the Chino Residential -13,474 Hills DU Commercial/Retail 153 Acres Regional/Commercial 96 Acres Industrial 48 Acres Office 15 Acres OTHER AREA - PROJ ECTS LOCATIONS FIGURE 2 WESTON PRINCAl & ASSOCIATES OF 2 existing traffic redistribution combined with the other area projects are documented on the ICU worksheets contained in Appendix B. It should be noted that adjustments were made to the Chino Hills study to account for the Grand Avenue connection through the City of Industry. To provide a worst case situation, 10 percent of the total Chino Hills external traffic- was assumed to use this portion of Grand. Those trips assigned to the S.R. 57/S.R. 50 Freeway via the Grand Avenue ramps, in the Chino Hills study, were also included in the study. The pre -project volumes were' added to the existing volume and the intersection analyses were again' calculated. The analyses assumed the existing intersection lane geometrics except the eastbound -approach at the Grand/SB Ramps intersection. At this approach a left turn lane plus two through lane's, were assumed to be provided upon completion of the Grand Avenue extension through the City of Industry. Table 1 shows the ICU and LOS results for the pre -project conditions. The study intersections are projected to experience significant increases in ICU value, however, acceptable (LOS D or better) intersection operations are expected to be maintained. The Grand/NB Ramps intersection will have LOS C operations during both peak hours while the Grand/SB Ramps intersection will be at LOS A and LOS C during the AH, and PH peak hours, respectively_ These analyses provide a base condition from which the proposed project impacts can be determined. PROJECT CONDITIONS TriD Generation It was necessary to determine the trip generation potential of the proposed project so the project impacts could be: evaluated. Trip generation rates applicable to the proposed land uses, were referenced in San Diego Traffic Generators (3) and Trip Generation (4). (3) San Diego Traffic Generators: San Diego Association of Governments (SANDAL); updated September, 1989 (4) Trip Generation, Fourth Edition; Institute of Transportation Engineers (ITE); September, 1987 Table 3 lists the trip generation rates used in the analyses and their source. Given the proposed project land use sizes and utilizing the above mentioned rates, the trip generation potential was calculated. It is estimated that the total project will generate 4,350 daily trip ends of which 340 (175 In, 165 Out) occur during the AM peak hour and 270 (130 In, 140 Out) during the PM peak. These totals are reflected on Table 4. Trip Assignment Trip distribution percentages for the proposed project were developed, given the location of trip attractors, type of land use, the surrounding street system, and proximity of freeway access. Figure 3 presents the resulting distribution pattern used in the analyses. The "Project Description" section of this report indicated that the proposed land uses had different access locations. The access locations were taken into consideration when the project trips were assigned to the surrounding street system (and study intersections) based on the general distribution percentages. A two way Left turn lane is proposed on Grand Avenue in conjunction with the project. This would allow left turns into and out of the project site at Grand Avenue. This proposed traffic control was also accounted for in the trip assignment_ ANALYSES The. project generated trips were added to the pre -project conditions at the study intersections so the potential impacts could be evaluated. The ICU analyses were performed again at the study intersections for post project conditions and acceptable intersection operations are expected to be maintained. Table l presented earlier in this study shows that the intersectionswill maintain the pre -project IAS values under post project conditions. The ICU worksheet contained in Appendix B show the proposed project turn volumes as well as the ICU analyses documentation. SF -- Square Feet T — Trip Ends A - Area (in 1,000 SF) SOURCE: * San Dieso Traffic Generators: San.Diego Association of Governments (SANDAG), updated September, 1989 * Trip Generation, Fourth Edition; Institute of Transportation Engineers (ITE); September, 1989 TABLE 3 TRIP GENERATION RATES TRIP ENDS PER DESCRIPTOR AM PEAK HOUR FM PEAK HOUR LAND USE DESCRIPTOR DAILY IN OUT IN OUT Car Wash* Facility 900 18 18 40 40 Restaurant (w/ Drive Thru)** 1,000 SF 632.1 27.9 27.9 17.0 15.3 New Car Sales* 1,000 SF 40.0- 1.9 1.3 1.5 2.4 TRIP EQUATIONS: Office** - Daily Ln (T) 0.75 Ln (A) + 3.77 - AM Peak hour In (T) - 0.85 Lu (A) + 1.34 (In 87%, Out 13X) . PM Peak Hour Ln (T) - 0.83 Ln (A) + 1.46 (In 16%, Out 84X) SF -- Square Feet T — Trip Ends A - Area (in 1,000 SF) SOURCE: * San Dieso Traffic Generators: San.Diego Association of Governments (SANDAG), updated September, 1989 * Trip Generation, Fourth Edition; Institute of Transportation Engineers (ITE); September, 1989 -11 - TABLE 4 - TRIP TRIP GENERATION SF — Square Feet TRIP ENDS - AM PEAK HOUR PM PEAK HOUR LAND USE SIZE DAILY IN OUT IN OUT Car Wash One Facility 900 2D 20 40 40 Restaurant 5,000 SF 3,200 140 140 85 80 New Car Sales (Increase) 3,575 SF 150 5 5 5 10 Office 2,500 SF 100 10 NOM NOM 10 TOTAL 4,350 175 165 130 140 SF — Square Feet DISTRIBUTION PERCENTAGES WFSTON PRINGLE. & ASSOCIATES FIGURE 3 The proposed two-way left turn lane on Grand Avenue, along the project frontage is within the jurisdiction of the City of Industry. Approval from the City of Industry will be required to implement this street improvement. The two-way left turn lane appears to be an acceptable alternative based on the projected trip generations and access locations. The improvement also reducesthe impacts at the Grand/SB Ramps intersection since McDonald's and Honda patrons from the east could turn left into the project without going through this intersection. If the two-way left turn lane is implemented, the McDonald's outbound driveway at Grand Avenue should be widened to provide separate right and left turn lanes. SUMMARY This study has reviewed traffic factors -related to the proposed Diamond Bar Honda project located on the southwest side of Grand Avenue, northwest of the S.R. 57/5.R. 60 Freeway in the City of Diamond Bar. Existing conditions were quantified. A pre -project base condition was evaluated which considered the impacts of other area projects and the construction of Grand Avenue through the City of Industry. Proposed project trip generation and assignment analyses were completed so the project impacts could be evaluated. The principal findings of the study: 1. The proposed project is estimated to generate a total of 4,350 daily trip ends of :which 340 (175 In, 165 Out) and 270 (130 In, 140 Out) will occur during the AM and PM peak hours respectively, 2. For existing, pre -project, and post project conditions the two study intersections are expected to maintain acceptable (IAS D or better) intersection operations. -14- 3. A two-way left turn lane is proposed to be implemented on Grand Avenue along the project frontage. Based on the projected trip generation and access locations this alternative should be feasible. It would also serve to reduce impacts on the Grand/SB Ramps intersection. 4. If the two-way left turn lane is implemented, the outbound portion of the Me Donald's driveway should be widened to provide a left turn lane and a right turn lane. We trust this study will be of assistance to 'ypu and the involved agencies. If you have any questions or comments please do not hesitate to call us. Respectfully submitted, WESTON FR'INGLE & ASSOCIATES Weston S. Pringle, P.E. Registered Professional Engineer WSP.cm #891830 APPENDIX A EXPLANATION OF INTERSECTION CAPACITY UTILIZATION LEVEL OF SERVICE APPENDIX 'A EXPLANATION OF INTERSECTION CAPACITY UTILIZATION The capacity of a street is nearly always greater between intersections and less at intersections. The reason for this is that the traffic ,flows continuously between intersections and only part of the time at intersections. To study intersection capacity, a.technique known as Intersection Capacity Utilization (ICU) has been developed. ICU analysis consists of (a) determining the proportion of signal time needed to serve each conflicting movement; (b) summing the times for the movements; and (c) comparing the total time required to the time available. For example, if for north -south traffic the northbound traffic is 1,000.vehicles per hour, the southbound traffic is 800 vehicles per hour, and the capacity of either approach is 2,000 vehicles -per hour of green, then the northbound traffic is critical and requires 1,000/2,000 or 50 percent Of the signal time. If for the east -west traffic, 40 percent of the signal time is required, then it can be seen that the ICU is 50 plus 40, or 90 percent. When left -turn phases exist, they are incorporated into the analysis. As ICU's approach 100 percent, the quality of traffic service approaches Level of Service (LOS) E, as defined- in the Highway Capacity Manual, Special Report 87, Highway Reasearch Board, 1965. Level of Service is used to describe quality of traffic flow. Levels of Service A to C operate quite well. Level of Service D is typically the Level of Service for which an urban street is. designed. Level of Service E is the maximum volume a facility can accommodate and will result in possible stoppages of momentary duration. Level ai Service F occurs when a facility is overloaded and is characterized by stop -and -go traffic with stoppages of long duration. A description of the various levels of service appears on the following page. The ICU calculations assume that an intersection is signalized and that the signal is ideally timed. Although calculating ICU for an unsignalized intersection is not valid, the presumption is that a signal can be installed and the calculation shows whether the geometries are capable of accommodating the expected volumes. It is possible to have an 1CU well below 1.0, yet have severe traffic congestion. This would occur because one or more movements is not getting enough ;'time. to satisfy its demand with excess time existing on other moves. Capacity is often defined in terms of roadway width. However, standard lanes have approximately the same capacity whether they are 11 foot or 14 foot lanes. Our data indicates a typical lane, whether a through lane or left -turn lane has a capacity of approximately 1600 vehicles per lane per hour of green time. The Highway Capacity Manual found capacity to be about 1500 vehicles per lane per our of green for through lanes and 1200 vehicles per lane per hour of green for left -turn lanes. However, the capacity manual is based on pre -1965 data, and recent studies and observations show higher capacities in the southern California area. For this study a capacity of 1600 vehicles per lane has been assumed for through traffic, and 1600 vehicles per lane for turning lanes. APPENDIX A LEVE; OF SERVICE DESCRIPTIONS Level of Servi ce Nominal Range Of ICU (a) A Lore volumes; high speeds; speed not restricted 0.00-- 0.60 by other vehicles; all signal cycles clear with no vehicles waiting through more than one signal cycle. 8 Operating speeds beginning to be affected by 0.61 - 0.70 other traffic; between one and ten'percent of the signal cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods. C Operating speeds and maneuverability closely 0.71 - 0.80 controlled by other traffic; between 11 and 30 percent of the signal cycles have one or more vehicles which wait through mare than one signal cycle during peak traffic periods; recommended ideal design standard. D Tolerable operating speeds; 31 to 70 percent 0.81 - 0.90 of the signal cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods; often used as design standard in urban areas. E Capacity; the maximum traffic volumes an inter- 0.91-- 1.00 section can accommodate; restricted speeds; 71 to 100 percent of the signal cycles have one or more vehicles which wait through more than one signal cycle during peak traffic periods. F Long queues of traffic; unstable flow; stop- Not meaningful pages of long duration; traffic volume and traffic speed can drop to zero; traffic volume will be less than the volume which occurs at Level of Service E. (a) ICU (Intersection Capacity Utilization) at various Levels of Service versus Level of Service E for urban arterial streets. APPENDIX B INTERSECTION CAPACITY UTILIZATION ANALYSES C C = ------.---------------- -----------------------------------_-t---_1___ 11 It X �Jc 11G x 11 [ ��---,--- 1 3F F ------"------------- ----- It 7&F -EZ -ii [ ] Fi E 13 11 w, IC---) I t li ! X11 CR IRL'i � O *moi 31 ii I, i it i• Q I Si o 1 0 l o t! o. 11 t'•? 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X 11 13 ! 1 f II e 3 11 [ E LJ -1 t• 11 it ! 1 I! [ . [ 11 M yC 71[• M ii 3 [ li I 11 � Q O C-7 1 O• - O O p 0 ti4 1 ! U II B 1 X II R 1 t !! 1 I, —^ ------------------------------ ------------- ! ---------------------------------l—!'---- CO tt 1 G => 1{ CJ1 1 tl t V7, 11 ` ; 1 a = i.t2'-- N CT] N N C 1 L•,�� t II Q. M 1 !- L3 .... .. - ij II .i t -u w - ! _ :.i - -- - ----------------------------- _ _------------------------. F+ o L C cm r - Lam• ..r � C - t.: -, - - - _-------------------+_------- r _ _ -- - -------------------- - - - - -- •. _ - -- --------------------- - - -- `-- - J-------_- --..--------- -------------------------------- -i �' Lu 1� _ _ � _ i C C W •� -- ---- -------------------- - - - --- 0 21 AGENDA NO.r CITY OF DIAMOND BAR AGENDA REPORT DATE: March 14, 1990 MEETING DATE March 20, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis A. Tarango, sting Planning Director APPLICATION DATE: 4-26--89 HEARING DATE: 2-12-90 PROJECT NAME: Diamond Bar Friends Church & private church school addition LOCATION: 1220 South Brea Canyon Road REQUESTED BY: Diamond Bar Friends Church APPLICATION REQUEST__ CONDITIONAL USE PERMIT VARIANCE • FILE NO: 89257 PROJECT PLANNER: STAFF BACKGROUND: The site is 87,162 square feet on a flat irregularly shaped parcel which is bordered to the south and east by the Orange Freeway and vacant land. There is residential development to the north, east, and west. Presently, a church and private school (160 students) operate at this location. Hours of operation are from 7:00 a.m. to 6:00 p.m. (Narrative continued an next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: Robert L. Van Nort Andrew V. Arczynski Linda Magnuson City Manager City Attorney Sr. Accountant SUMMARY: The applicant proposes to amend the existing Conditional Use Permit (approved August 1981) by adding a pre-school facility for an additional 75 children, an increase of 47 percent in student population. Additionally, a variance is requested to construct a building addition of 4,200 square feet that would extend into the 20 foot setback thereby reducing the rear yard setback to 5 feet. A sharp embankment acts as a buffer between the proposed building and South Via Sorella. Sound proofing will be constructed into the structure to ensure that interior sound levels will not exceed 45 dba per CEQA standards approved as part of the Conditional Use Permit. A fence to separate the recreation area from the tree lined embankment running east to west along the northern boundary will also be installed. This fence will serve to separate the children from any potential hazards and to further ensure the privacy of surrounding property owners. The development will continue to provide adequate outdoor recreation space while allowing controlled supervision of the current school enrollment and separate safe supervision of the additional 75 pre-schoolers. ENVIRONMENTAL DETERMINATION: Categorically Exempt under CEQA Article 8 Section 15102 RECOMMENDATION: THE PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PROJECT TO THE CITY COUNCIL. THE FOLLOWING ARE THE ACTIONS TO BE ADDRESSED:. * ENVIRONMENTAL DETERMINATION: CATEGORICAL EXEMPTION UNDER CEQA ARTICLE 8 SECTION 151€32 * CONDITIONAL USE PERMIT TO ALLOW CONTINUATION EXISTING SCHOOL AND TO EXPAND SERVICE TO A PRE-SCHOOL FACILITY AND 75 ADDITIONAL STUDENTS. ALSO THE CONSTRUCTION OF A TWO FLOOR 4,200 SQUARE FOOT BUILDING. * VARIANCE TO PERMIT A TWO FLOOR BUILDING TO EXTEND INTO REAR YARD SETBACK TO WITHIN FIVE FEET OF THE PROPERTY LINE. * RESOLUTION NO "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT AND VARIANCE APPLICATION NO.89257, A REQUEST TO CONTINUE OPERATION OF A SCHOOL, TO ADD A PRE-SCHOOL FACILITY FOR AN ADDITIONAL 75 CHILDREN, TO CONSTRUCT A STRUCTURE INTO THE REAR YARD SETBACK, AND FOR AN ENVIRONMENTAL DETERMINATION. THE SCHOOL IS SPONSORED BY DIAMOND BAR FRIENDS CHURCH AT 1220 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON." RS:da RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT AND VARIANCE APPLICATION NO. 89257, A REQUEST TO CONTINUE OPERATION OF A SCHOOL, TO ADD A PRE-SCHOOL FACILITY FOR AN ADDITIONAL 75 CHILDREN, TO CONSTRUCT A STRUCTURE INTO THE REAR YARD SETBACK, AND FOR AN ENVIRONMENTAL DETERMINATION. THE SCHOOL IS SPONSORED BY DIAMOND BAR FRIENDS CHURCH AT 1220 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. A. Recitals. (i) The Diamond Bar Friends Church heretofore filed an application for approval to continue the operation of a school, add a pre-school facility for and additional 75 children, and to locate a structure five feet from the rear lot line, denominated as Project No. 89257, located at 1220 South Brea Canyon Road, City of Diamond Bar, California. Hereinafter in this Resolution, the subject conditional use permit and variance application is referred to as "the Project." The City Council of the City of Diamond Bar, on March 20, 1990, conducted a duly noticed public hearing on said application and concluded said public hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. This City Council hereby finds and determines that the Project is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to the provisions of 2 California Code of Regulations Section 15301 (Class 1). will be of substantial detriment to, or interfere with, the proposed general plan for the area of the subject site; and (c) The Project, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 5. Based upon the findings and conclusions set forth above and the conditions set forth below in this Resolution, this Council may approve the said Project subject to each and every condition set forth herein. 6. The City Council hereby imposes the following reasonable conditions: (a) This grant shall not be effective for any purpose until the permittee and the owner of the property .involved (if other than the permittee) have filed at the City Planning Office their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. (b) The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. (c) This grant will expire unless exercised within one year from the date of approval. A one-year time extension may be requested before the expiration date. (d) If any provision of this grant is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse. 3 (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. (f) Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the City Council after conducting a public hearing, may revoke or modify this grant, if it finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public health or safety or so as to be a nuisance. (g) This grant allows the continued operation of a church and school facility with extended day care services for 235 children subject to the following restrictions as to use: (1) All parking spaces shall be designed and striped according to City standards. (2) The maximum number of students attending the day nursery shall not exceed 75 children at any given time. (3) The hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m. (4) This grant shall supersede Variance No. 473 and Conditional Use Permit Case 1832(1). (5) The school shall comply with all licensing requirements of the State of California. Copies of these requirements shall be provided by applicant to the City. 4 (h) Three copies of a revised plot plan, similar to Exhibit "A" as presented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be submitted .for approval of the Director of Planning: (1) Show and dimension all required parking. The property shall be developed and maintained in substantial conformance with the approved Exhibit "A". All revised plot plans must be accompanied by the written authorization of the property owner. (i) The subject property shall be developed and maintained in substantial compliance with the plans on file marked Exhibit "A". In the event that the subsequent revised pians are submitted, the written authorization of the property owner is necessary. (j ) A] l requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless otherwise set forth in these conditions or shown on the approved plans. (k) The subject facility shall be maintained in compliance with requirements of the Los Angeles County Department of Health Services, Adequate water and sewage facilities shall be provided to the satisfaction of said Department. (1) Upon receipt of this Resolution, the permittee shall contact the Fire, Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine what facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided as may be required by said Department. (m) Dedicate to the City of Diamond Bar the right to restrict access to Brea Canyon Road. (n) reseal driveway and parking lot, including restriping of parking lot to City standards. (o) All structures shall conform with the requirements of the Division of Building and Safety. 5 (p) When the existing sign for the church facilities is replaced with a new sign, the replacement sign shall be subject to approval by the Planning Commission, and shall not exceed six feet in height measured from the adjacent grade. (q) Refer to attachment Exhibit "A" marked "CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS" for additional conditions. 7. This Council hereby provides notice to the Diamond Bar Friends Church that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure. Section 1094.8. 8. The City Clerk is hereby directed to certify to the adoption of this Resolution and, by certified mail, return receipt requested, forward a copy to the Diamond Bar Friends Church at its address of record as set forth in the application for said Project. PASSED, ADOPTED AND APPROVED this 20th of March, 1990, Mayor I, Lynda Burgess, City Clerk to 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 9 �-Y--HEft[T "'Alf CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS 1. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of said Diamond Bar Planning Commission his affidavit stating that he is aware of, and accepts all the conditions of this permit; 2. It is hereby declared to be the intent- that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse; 3. .It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse, provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days; 4. That all requirements of the Zoning Ordinance and of the specific zoning of subject property must be complied with unless set forth in the permit or shown on the approved plot plan; b. That the property shall be developed and maintained in substantial conformance with the plot plan on file marked site plan. 6. That all structures conform with the recauirements of the Division of Building and Safety of the Department of City Engineer; - 7. That provisions be made for all natural drainage to the satisfaction of City Engineer. Drainage plans and two signed grading plans shall be submitted to the City Engineer, Design Division, for approval prior to grading or construction; 8. That subject facility be developed and maintained in compliance with requirements of the Los Angeles County Health Officer. Adequate water and sewage facilities shall be provided to satisfaction of said Health Officer; 9. That upon receipt of this letter, applicant shall contact the Eire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine facilities that may be necessary to protect the property from fire hazard. Water mains, fire hydrants, and -Fire flow shall be provided as may be required by said department; CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS PAGE NO. 2 10. Parking on the subject property shall be provided at a ratio of one parking space for each five (5) fixed seats in the church facility plus one parking space for each classroom of the parochial school; 11. Parking on the subject property shall be developed in accordance with Sections 703.21 and 703.23 of the Zoning ordinance; 12. That unless this grant is used within a year from the date of City of Diamond Bar Planning Commission approval, the grant will expire. (A one-year time extension may be requested prior to such expiration date.) 13. This grant allows a maximum of 235 students; 14. This grant permits the continuation of the existing church and a private school limited to pre-school and to grades Kindergarten through 8th grade; 15. The loading and unloading of the school children shall be supervised by an adult staff member of the school at all times; 16. That the play area shall be fenced from the parking area and shall be fenced in such a manner to prevent children from wandering into the parking area or restricted open space areas. 17. The hours of operation of the school shall be between 7:00 a.m. and 6:00 p.m.; 18. The indoor noise level may not exceed 45 dba; and 19. Conform to all other conditions approved as a part of CUP 1832-1. 20. A one year limit is [placed on the use of the temporary structure. 21. Construct curb and gutter 20' from centerline on Via Sorella. 22. Construct base and pavement on Via Sorella. 23. Plant and maintain street trees on Via Sorella. 24. The Applicant shall construct or enter into a secured agreement with the City Engineer to construct the aforementioned conditioned improvements prior to the issuance of a building permit or this permit shall be subject to revocation. NOTICE OF PUBLIC HEARING The City Cduncil will conduct a public hearing on.: - CUP 89257 A request to continue operation of a school and add a pre-school facility for an additional 75 children. The school is sponsored by Diamond Bar Friends Church at 1220 S. Brea Cyn. Rd, Diamond Bar. The subject property is currently operating under an existing approved conditional use permit. This project is categorically exempt. VICINITY MAP OF PROJECT: This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing, but wish to send written comments, please write to the City Planning Department at the address given below, Attention: Rob Searcy You may also obtain additional information concerning this case by phoning the Planning Department at (714) 860-3195. Materials for this case are also available at: D.iamond Bar County Library 1061 South Grand Avenue Diamond Bar, CA 91765 DATE OF HEARING: March 20, 1990 TIME OF HEARING: 6:00 p.m. LOCATION OF HEARING: Walnut Valley School Dist. Board Room 880 S. Lemon Avenue Diamond Bar, CA 91765 CASE MATERIALS AND ENVIRONMENTAL STUDY: Are available for review during regular business hours at: City of Diamond Bar Planning Department 21660 East Copley Drive Diamond Bar, CA 91765 Published in: San Gabriel. Valley Tribune on March 9, 1990 Progress Bulletin March 9, 1990 Lead See.: "/�r2�lt'i�Tf_ ] Los Angeles County CAT Ex.:, [ Department of Regional Planning ZONING AND SUBDIVISION APPLICATION As required by Chapters 22. 16 22.56 & 27.40 of the Los Angeles County Code The following information is necessary for the review of ALL applications. Failure to furnish information will delay action. Attach extra sheets if necessary. Please read instructions carefully. RECORD OWNER(S) APPLICANT APPLICANT'S AGENT f,cngineer, Licensed Surveyor, Other and please indicate if engineer is also an agen d Name Ca€if. Yr. Meeting of Name Diamond Bar Friends ChurctNameFrole Renavides (Trustee) ren s urc nc. 620 S. Lope Ln. Address 15915 Russell St. Address1220 S. Brea Canyon Rd. Address P City Whittier CA. City Wa I nut, CA. City Glendora, CA. Zip 90609 Phone (213) 947-2883 Zip 91789 Phone (714 595-8113 Zip91740 Phone 181 81 335-1051 (Attach separate sheet if necessary, including names,' addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) CANS@NT ! consent io the subm ion of the application accompanying this request. Signed � f - �Lc.�i•�-� � �+"�'�� -17- �`i (All record owners) Date cERTIFlCATfON: I he c r y ur�gr penalty o erjury that the information herein provided is correct to the best of my knowledge. Date Signed �4 ��' "^► )Appli nt plicant's Agent) Location 1220 S. Brea Canyon Rd. Walnut, CA. 91789 (Street address or distance from nearest cross street) between Colima Ave and Pathfinder Rd. (Street) (Street} in Zone R-1, C-3 (R--1-8000) Zoned District (Land Use, not postal zone) - r+ HN S ' QTY CS) TBG , ��=� t' Assessor CT Planning Area Q ✓ J, I USGS YOT-'- Lf-Zl�- Contract City Diamond Bar Supervisorial District General Plan Category L J Local Plan Category (if applicable) L-) Local Plan. Project Size (gross acres) PrevieusCases Variance #473, CUP #1832-C1) Project Density Present Use of Site Church and Private Church School Use applied for Extension of Church and School Buildings and Addition of Preschool. Building addition of 9,760 sf. Preschool addition for 75 rhildrpn Domestic Water Source Yes Company;Disrrict Method of Sewage Disposal s, nS saweYs Sanitation District ND1owA. Grading of Lots by Applicant? Yes ,_ No_ Amount (Show necessary grading design on site plan or tent. map.) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change. Parcel 1 Parcel Map No. 15965 P.M. 166-94/96 APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TYPE OF REQUEST — Check each request applied for and complete appropriate sections. FIPLAN AMENDMENT REQUEST Countywide/local Plan or Area Plan Land Use Map Change: From To Acres From To Acres Other Countywide (Gen_ Oev., Housing & Spec. Mgmt.) Map Change: From To Acres From To Acres Identify Text Changes) to CountywidelLocal or Area Plan Desired: Total Project Units Currently Allowed 6y: (a) CLN Plan Total Project Units Permitted If: (al CW Plan Amended _ Total Acres Involved: (a) SERVICES: Existing and Proposed: Gas & Electric Education Fire Access _ Sheriff ZONE CHANGE REQUEST Zone: From Acres To (b) Local Plan {b) Local Plan Amended (b) Acres nX CONDITIONAL USE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS Permit Type Conditional Use Permit Ord. No. 22.28.110 & Project Site: Area devoted to: structures open space Gross Area No. of Lots Residential Project 6.46 Ac. and l—level Proposed density NAL Gross Area No. of floors Units/Acres Number and types of Units N/A� Residential Parking: Type Required Provided - Total Required N/k iota! Provided rnnnn•t=�+ nn �vr oars=� ftS i Non Residential Project: No. of bldgs. 5 No. of floors 2 Gross floor area 23, OO�perating hours�am to bpm No. of employees 20 Na, of shifts 2 Maxium number of employees per shift 12 Assembly and Dining Uses: Church Sancturary Capacity of 255 persons (Occupant load for buildings per Building & Safety) Non Residential Parking: Type 0 Required100 Providedi06 Total Required: 100 Total Provided: Additional Information: New Addition to need a variance on the rear yard requirement of 20 ft. to 5 ft. Also Items # 14 and 15 of conditional use permit # 1832—(1) To oe nmenaea as TOIiOWS. Increase TO 7714 To 15U students and #15 to include a pre—SCh. The following must be completed for HOUSING PERMITS: Units allowed without bonus: Units Density Bonus Required: % Units Total Units including bonus: Units SUBDIVISION REQUEST TOTAL GROSS ACRES TENTATIVE MAP NUMBER LOTS: Existing Proposed STAGE: T—RV—AM_RN RA_—__FN_WR _ MAP: T_ RR(FD)— RR(LD)_ RV_'AO— LL_ VESTING: (Y)—(N)— LOT Y)(N)LOT TYPE-OWN'SHIP (Circle);NO. LOTS,NO. UNITS -,AC LOT TYPE OWN'SHIP {Circle) NO. LOTS NO. UNITS ACRES SF MH I NC CC L DUP I NC CC L MF I NC CC L OS I NC CC L R PF I NC CC L C I NC CC L I I NC CC L STAFF PURPOSES ONLY Sch. Dist(s) UN HS LS SCM Date Cities: LA_ BH_LC_PM.,_,Other— Counties: `LA_VT_,SB_OA_ K_Other AgencieslCommnies: MWP_DWP_CWP_SCE_SCG—PT_GT„_,ATS,SPT_UPR,_,MSHC_SCRC— ANG_PNF_ Other CALTRANS: Y_N_Name(s): PCH_ TCR_ OCR_„ Other— Route(s): HIGHWAYS M I SC.: PROJECT NO,: CASES: — PLAN AMENDMENT HOUSING PERMIT OTHER ,Q FILED— _ 2 NE CHANGE PARKING PERMIT Z PARCEL MAP No. Brawn Line FEE _CUP OAK TREE No. Blue Line RECEIPT NO. VARIANCE TRACT No. Brown Line —NON CONFORMING REVIEW No. Blue Line CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SES;. 1z.5❑.U4u In addition to the information required in the application, the applicant shall substantiate to the atisfaction of the Zoning Board and/or Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Se fT3te-i2lly detrimental to the use. enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The proposed uses of the property will not be a datr lment in any of the Vbove ways because: I). There wllI be no major grading or moving of dirt as the property Is presently graded and compacted according to L.A. county specifications and under County approval and permit #3835 issued 6/18/70. 2). Ail drainage Is allowed for and properly Installed drain pipes and gutters are presently In position. 3). Any buildings proposed are at least 25 feet from the property line and on the Westerly and.Northerly boundries they are at least 85 feet from the property .fine, as Indicated on the plot plan. The Westerly and Northerly propertles are those presently dev- eloped (R -t, SOW) or which would most likely be developed with a residential purpose. The Property to the South Is zoned C-3._ . B. That the proposed site is adequate in size and shape to accommodate the yards, Wallis, "renes, parkiry and. kaading fad!E -.ias, ':ane -2p-nS 'rid -thee development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. the propdrty Ind lcated 19adequate to meet the above 2.1 a buffer zone of at least 6 feet of landscaped • raquiremeats and: area and evergreen plant barrier is. Provided 1.) Adequata parking Is provided for the proposed use and to comply with the L.A. for on the Westerly zone adjacent to the parking loll area. A lmdscapod buffer zone is provided County requirements of 1 space for every on the Southerly and Northerly boundries of the 5 seats In the sanctuary. With a requirement of Joe spaces for the P-Perty- 3.) Ail Ilghting bf parking areas Is Installed facing proposed sanctuary slie there is provided away from adjo€aing properties. '4.3 Alt that is presently In existance is Installed pa _ and built In accordance Iwth County requirements ��- and according to zone excaptlon case 8700-1 - granted February 6, 1968. C. That the proposed site is adeclu"y'served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. ^The proposed plans comply with these requirements in that: 11 two driveway ramps are provided and presently in use on the Easterly side of the property and wide enough to ailow for simultanious ingress and egress _ to Via Sorelia. 2) a 30 foot improved drlveway easement a[ lows for -� simultanlous Ingress and egress to Brea Canyon Road on the West. 33 Via Soreila Is an Improved local street of 69 toot right of way. _ and Brea Canyon Road Is presently and improved highway and proposed to be an 80 `loot hlghwav,. good is going 5p Diamond Bar Friends Church City of Diamond Bate Ptann ing DepaAtment 21660 E. Coptey D&. Diamond Bate, CA. 97765 Attn: Rob Se ftcy Dean Six; 1220 S. Brea Canyon Rd. Walnut, CA 91789 Church (714) 595-8113 School (714) 594-4509 pal to 'Gp hap¢er' Febvr a y 7,.1990 We he)te at Diamond Bax Ftr i.end6 ChuAeh took 6oAwaAd to wot king with the City o6 Diamond Bart in the upgAading o f outs p LopeAty. We wish a6 a Chutcch and Sehoot to pnovide Joi. the community a pta.ce were Worship and Leatcni.ng can occuA. It ha.6 come to ouA attention that the School that iz cutAent2y .in apenat.ion .is in need o f a bu J J erc to the s m.,mou.nding xe6,iden; .ia2 aAea. We s ha.LE a4 a pact o4 ouA project #CLIP 89257 r-vrov-i..de a 6' chain ti.nk fence =nn ing along the noAth went pttoperrty .Zine at the edge oA ou,% cutment ptay yard aAea to the east ptopeActy .Zine. We hope that tfv�z neat 6enaing wi.E',2. pnov-i de the addeqw t batvr i. ,-X needed to ptcv-i:de ptr ivacy to the adjacent Aez dencm . We as a Chuhch hope to. be a continued abhet to the commuvuty. o� Diamond bypov.idikg Day Cane and Etementati.y education Jolt the Sam.i:Zt:es o� the suAtcunding a�Lea. Sincene.2y; _� debt J. B A m o e,i.ate Paatotc P.O. Box 4043 Diamond Bar, CA 91765 —Jesus said. "...1 have called you friends..." (john 15:15)— AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: March 15, 1990 MEETING DATE: March 20,^1990 --�-- TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Dennis A. Tarango, Acting Planning Director BACKGROUND: This is a request to extend an existing Conditional Use Permit for a Veterinary Clinic (89417). The Conditional Use Permit was reviewed and approved by the Planning Commission at their meeting of February 12, 1990. This item was noticed as a Public Hearing to be heard at the City Council's regular meeting of March 20th, 1990. However, since that time the applicant has submitted a letter stating that he will be unable to attend and has reauested to hold this matter to the regular meeting of April 3, 1990. RECOMMENDATION: To open Public Hearing and continue to the regular meeting of April 3, 1990. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: Revenue Source: R X WE � E Robert L. Van Norr. City Manager %arr3Lly° LGfIL3`Iuea fl exr. aage 7 f iecassary'. Andrew V. Arczynski Linda Magr,uscn City Attorney Sr. Acccuntart r COMPLETE PE's` CARE CENTER Dr. James fiaubert, D.V.M. 21323 Cold Spring Lane Diamond Bar, CA 91765 (Country Hills 'Town Center) (71.4) 53$-2339 Dr. K. Mohiuddin, D.V.M. 15153 Foothill Blvd. Fontana, CA 92335 (Cox. Foots M & Citrus) (7714) 355-5600 fy) r IN Fzr7 11<-, r. "L49SC4.-' .:' ��i PHYLLIS PAPEN Mayor PAUL V. HORCHER Mayor Pro Tem GARY MILLER GARY WERNER JOHN FORBING Counciimembers .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 PAX TRANSMISSION # of Pages:'3 (juc]_udiug this page) FROM: Y? Cha r �cC COMMENTS: v DATE: 5' -- e -- YO T0: PI4YLLIS PAPEN Mayor PAUL V. HORCHER Mayor Pro Tem GARY MILLER GARY WERNER JOHN FORB[NG 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 FAX TRANSMISSION # of Pages :,3 Onc7.uding this page) FROM:' COMMENTS: b)jsh DATE: 3-- 7 -510 TO: AFFIDAVIT OF POSTING STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. CITY OF DIAMOND BAR } I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar, California, hereby certify that on March 9, 1990, I caused to be posted Notice of Public Hearing for purpose of CUP 89257, CUP 89417 and PARCEL MAP 15625 a copy of which is attached hereto and by reference made a part of this certificate. I certify under penalty of perjury that the foregoing is true and correct. Executed at Diamond Bar, California this 9th day of March, 1990. Jcv" ay" Tommye- A. Nice — Deputy City Clerk City of Diamond Bar NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE CITY OF DIAMOND BAR The City Council of the City of Diamond Bar will conduct a public hearing on: 1. PARCEL MAP 15625: Heretofore known as Parcel 4 of Parcel Map No. 8024 as per Map filed in Book 99 Pages, 3 and 4 of Parcel Map, Records of Los Angeles County and a portion of Section 9, T.2 S., R.9 W, S.B.M. this 4.3 acre lot is located southwest of Grand Avenue and Brea Canyon Road and north of the 57 fwy. The current zoning is C -3 -DP -BE and will remain unchanged. A NEGATIVE DECLARATION has been determined for this proposed action. This change does not affect the zoning of surrounding properties. If you are unable to attend the public hearing but wish to send written comments, please write to the Diamond Bar City Planning Department at the address below, Attention: Robert Searcy. You may also obtain additional information concerning the case by phoning (714) 860-3195. DATE OF HEARING: Tuesday, March 20, 1990 TIME OF HEARING: 7:00 p.m. LOCATION OF HEARING: Walnut Valley Unified School District Board Room 880 S. Lemon Ave. Diamond Bar, CA 91765 CASE MATERIALS: Are available for review during regular office hours, at Department of City Planning 21660 E. Copley Drive, Suite 225 Materials are available at the Diamond Bar County Library . 1061 S. Grand Avenue Diamond Bar, CA 91765 Published: March 9, 1990 /s/ Lynda Burgess Lynda Burgess, City Clerk CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT CASE NOS. 89257 AND 89417 The City Council of the City of Diamond Bar will conduct a public hearing on: 1) CUP 89257 - A request to continue operation of a school and add a pre-school facility for an additional 75 children. The school is sponsored by Diamond Bar Friends Church at 1220 S. Brea Canyon Road, Diamond Bar. The Subject property is currently operating under an existing approved conditional use permit. 2) CUP 89417 - A request to operate and maintain an existing veterinarian facility in addition to expanding 1200 square feet. The vet facility sells pet supplies and performs some grooming services. The operation is located in the Country Hills Towne Center 21323 Cold Springs Lane in the C-1 (Restricted Business) Zone. If the final decision on these proposals are challenged in court, testimony may be limited to issues raised at the public hearing described in this notice, or by written correspondence, delivered to the City Planning Commission of Diamond Bar, at or prior to, the public hearing. DATE OF HEARING: Tuesday, March 20, 1990 TIME OF HEARING: 7:00 p.m. LOCATION OF HEARING: W.V.U.S.D. Board Room 880 S. Lemon Ave. Diamond Bar, Ca 91765 CASE MATERIALS: Are available for review during regular office hours, at Department of City Planning 21660 E. Copley Drive, Suite 190 Diamond Bar, Ca 91765 Diamond Bar County Library 1061 S. Grand Avenue Diamond Bar, CA 91765 Published: March 9, 1990 Isl Lynda Burgess Lynda Burgess, City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) I, TOMMYE NICE, Deputy City Clerk of the City of Diamond Bar, California, hereby certify that on March 9, 1990, I caused to be posted Notice of Public Hearing for purpose of CUP 89257, CUP 89417 and PARCEL MAP 15625 a copy of which is attached hereto and by reference made a part of this certificate. I certify under penalty of perjury that the foregoing is true and correct. Executed at Diamond Bar, California this 9th day of March, 1990. Is/ Tommye A. Nice Tommye A. Nice Deputy City Clerk City of Diamond Bar PHYLLIS PAPEN mayor PAUL Y. HORCdER Mayor Pro Tem GARY miLLER GARY WERNER IOHIN FORBING Counc7mcabers 30SERT L. VAN NORT Cary Maaa$rs CITY OF DIAMOND BAR ?1660 E. COPLEY DRIVE, Si. = 330 DIAMOND BAR, CA 91765 714 -86C -CITY 714860-2489 FAX TRANSMISSION # of Pages: 2� (Including this page) r L1' COI-MENTS : DATE: 1r ,so/efo I' eta. A i 0, Traffic and Transportation Minutes 3 February 1, 1990 ----------------------------------------------------------------- DISCUSSION: TI 106 - Continued from 1-19-90. CE/Kranzer gave staff PATHFINDER ROAD AT report of request for traffic signal or three- BREA CANYON ROAD: way stop at the intersection of Pathfinder Road and Brea Canyon Road and to evaluate the concept to provide a "free right -turn" for westbound Pathfinder to northbound Brea Canyon Road. He presented a plan of the existing striping and signage. The Committee would like to further study the movement at the intersection by installing temporary "construction zone" stops, and video tape the response of motorists for a few hours to determine an interim solution to the problem. TI 105 - ROLLING CE/Kranzer gave staff report. and background on KNOLL/QUAIL SUMMIT problem where motorists cut -through Quail CUT -THROUGH: Summit Drive and Rolling Knoll Drive to avoid traffic congestion at the intersection of Grand Avenue and Diamond Bar Boulevard. Possibly with the cooperation of residents to initiate strategies in an effort to deter the cut - through traffic. Strategies discussed were: "moving barricades", speed bumps and street closures. CE/Kranzer will set up a meeting with the residents to discuss which method to try. Monday, February 26 at 7:00 p.m. at Quail Summit Elementary School was suggested. TI 113 - GONA CE/Kranzer gave staff report of request from COURT AT COLIMA residents of Cross Keys Development to install ROAD: "Do Not Block Intersection" sign as motorists on Colima Road block Gona Court when traffic backs up from traffic signal at Colima Road and the Route 60 Freeway on-off ramps. Staff recommendation is to prohibit parking on soutside of Colima Road from 200 feet west of Gona Court to westerly entrance to Albertson's Shopping Center, install Right -Turn Only in curb lane (#3 lane) in said 200 feet west of Gona Court with appropriate pavement markings and signs and prohibit parking on both sides of Colima Road from the Route 60 Freeway on- off ramps to Brea Canyon Road. Commitee instructed staff to bring striping and signage plan with proposed changes and parking restrictions to next meeting. Traffic and Transportation Minutes 4 February 1, 1990 -------....--------------------------------------------------------- LISTING OF ALL CE/Kranzer is having a location map and TRAFFIC background data of each traffic investigation INVESTIGATIONS: received developed for each committee member. Lemon Avenue at Colima Road: CE/Kranzer will have centerline pavement markings installed within tract. TI 110: Silver Hawk Road and Diamond Bar Boulevard -traffic signal: Committee Member Eustaquio will have church submit formal. request. TI 112: Large commercial trucks parking: Place on March 1, 1990, agenda. TI 11.4: Overnight/Preferential Parking (City- wide): Place on March 1, 1990, agenda.. TI 115: Restrict. Parking in area surrounding Diamond Bar High School: Place on March 1, 1990, agenda. . TI 116: Cars parked on Evergreen Springs Drive and Lost River Drive on street sweeping day Deputy Clark will have enforced. TI 118: Noise level associated with Pathfinder Road Bridge Project - have project agency address. LATE BUSINESS: Committee Member Rebeiro asked what is committee's protection in regard to law suits being filed against them if someone feels action taken by the committee caused them problems.. CE/Kranzer will have. City Attorney Andrew Arczynski address this for the Committee. Traffic and Transportation Minutes 5 February 1, 1990 ----------------------------------------------------------------- ADJOURNMENT: There being no further business, meeting was adjourned at 7:54 p.m. ATTEST: THOMAS ORTIZ, Chairperson Respectfully submitted, BARBARA DEDEAUX Secretary I COUNTY OF LOS ANGELES ¢ +RE 1,;E n f TMENT OF PUBLIC WORKS x 900 SOUTH FREMONT AVENUE CITY *^ K ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDFMANSON, Dir «. � Telephone: (81$) 458-5100 .53 y ¢ E9 d February 23, 1990 Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Mr. Van Nort: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: T-3 850.22 ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64, 132-57, 134-57, 136-57, AND 9-18 The areas shown on the enclosed maps are being processed for annexation to the subject lighting district in order to provide funds for the operation and maintenance of street lights to be installed by the developers. Since these areas are within the boundaries of the City of Diamond Bar, we will need permission from the City Council before the annexation procedures may be consummated. Enclosed are three copies each of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing these areas to the subject lighting district. Please present these Resolutions to the Council at its meeting. If the Council adopts the Resolutions, please have two copies of each executed and returned to this Department. Very truly yours, /L�L T. A. TIDEMANSON Director of Public Works VRS:dh/P Enc. RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 9-18 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA --1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy C I-,GriTnM TT That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SrriT()KI TTT That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents.to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. S SO X47 Ar k3 X C) x o flMSERLINE o m LN m v U) '1 !9 9 58 fi So S� 56 55 54 53 52 j Ln 5 66 67 68 2{ w �. ro w � m ;. m n C� o .372 71 VAR= 4to $► sz 450 to � 6� 14 i 85 C 93 i0 45192 �~ 44 - � 3 7. i 10 $ 7 6 5 a s .c*u,s 79 � Qnar PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10000 AND COUNTY LIGHTING DISTR ICT- LLA- I CITY OF . -DIAMOND BAR ZDNE pv�lo.J 9-i8 Til IS LAP 15 BASED UPCM IMrORMATION AVA{LA$LE FROM ri,Rn a``U� ANY INACCyRAC IES 1q1 ICH MAY BE PRESENT IN T 4 S v►?. LOS ANGELES COUNTY DEPT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION REF CRA"8Y CMECEED BY RECOL+UENDLD ST APPROVED •' DRAWING NUUBER - T.G. °�%- C5 TDR v9,5 SCEAL�r - Lol1R aaTEr_rJ�-8,91 Dxr DATE � ~ ` I RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 134-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar: and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the Maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SFrTTnN TT That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District I0006 and County Lighting District LLA -I by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Publiw Works of the County of Los Angeles. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 6 PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT bT�QOOCo ANI} COUNTY LIGHTING -TRMT LLA -1 CITY of ��,�ManrZ7 .BAS zo.V f ISO 134-57 "S' 'Ss 1 s \0 �O � 15 � as22 s 21 14 23° 13 ° Z 4 �p L ° , GO 42 12 '�� 25 rs, 26 /0 43 zr, `Jr 27 4 28 se 10 33, 45 27, _ 38 4& � 31a <30 Q 47 t$ _ 39a 47J <38 31 47 50 32 a� 48 < 44 -/ 5 7 49s a O Ler Cl z ISO _33 � , ss 49 �6 ¢ ss 3 4 _p s� s 4. Sz-35 �p 37 3 t 51 . \4 2 57 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING 01 -VISION Drawn by Scal�la 2O0' q-8 Recommended V S DatwL• 7�'G- 97A -,5 2 L& -C-3. 1085-.33-43 5� PR-C>f'O5ED ANNEXA710,1V PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT /OOOGAND COUNTY LIGHTING DISTRICT LLA --1 CITY OF_ D1ANi4ND BAR ZONE P=-4 L13.4.57 METERS 2 5c TS rrET THIS UAP m g,t¢p UP0 IMFgO�RUA7E?CO{N�R�]V5AILpA�8LE PROW 5 c�uUk y LF fA6 fL, OA L lL15 --5H7-'2 OF?, ANY IMACCURAC IES VsHILK MAY 6E PRESENT lR THIS YAP. LOS ANGELES COUNTY DEPARTMENT OF f UBLIC WORKS TRAFFIC AND LIGHTING DIVISION -.7-0 R. _ .. SCALE: f = 87 RECammCNt]ED ^ . DATE d -87 87 APFR DYED � F LL�iE p "G 'l7Lf '32 RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 132-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as f0114w5: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA --1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. CM1-rT %k1 11T The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy N r rn t PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE. DISTRICT 1000G AN -D COUNTY LIGHTING DISTRICT LLA -1 CI77 -;Dfr� Z)1AW,0Ar.9= BAR ZOAIE 'F/?O / 1.32_ 57 fFh, nrlrnrATgD � >ti0 Jr0 iSOI sur I rwtx YA>• [5 -SEC upon ExrURwATIa>. AVAII-AaLE "CM SFA*f°"$4�€ AoV inA['=LRaC wAICM WAY GE PRESENT In THIS HAP. LOS ANGELES COUNTY DEPT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISIOEN TREi DRAWN 8Y C%IECXED BT RECOMMENDED 8Y .6.07A_BZ -- p O / C APPROYE0 �. _ DRAWING NUMB" SCALE 1' = 200" "A01 -6 V - , 7- Z/ 67 D""87- 23-87 DATE , DATE ,. RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SPrTTOM TTT That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. CFrTTnM TV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County bighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 16 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. SECTION VI That the City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held , 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is a full, true and correct COPY of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy • ',,r r t , S rF r � •.S �� !� f �L t• i t ��`tirr�'d"i' a {Y�' i`i lit n Q ' }�},�: o e� �iyy�gj ,�, � • ftp - �h� - 1'�, -� L'° � �* . r +.t4•;j H '#_. 'Nd 9 i y �_ 7a" 1} F •�.�� Fv, t`,� _ �: � f' A` t cif r: ", �s ,4<'.�. _ 3 I. � M s}I� z J - v. -. J•, F Kr ; - -: 2. r V 'D" tr S �• S i F� 7 yr W � � . ' 1 l 4 151 y" Y .; "�lil \ 'ti � � `'.�;•'� J�• l� � j � ` - 1 :�_ �• t � �; ^9♦ a6 � ` �,,�s"1,a iia ;�W-° � '£;• "�'� Fs�;��'+ 51 IVA-. E'-.. — r:� 3`•2 5 J.i � ,� r. �� _fir �•� ��;� ' ��'-� ��'�� ` s• L' 4lk4, mow. —NOW 3 a•� . _ s j 11 � V �" � C I 9J' I • 4 Y ' "lY a ♦ • UI - — fn > o: "I q,"Col v la �? m Q �"` j{�yfy � " .L" F � a ,Mj��3< f v 'f YJ �,,i'"s�L 5 A• �'#'� 6 � 1 a� \_ 3r 1.= y �N e n 'tel �J. -.?t; 1` � "rk •.s+c � r '4s wk: rt i RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 136-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 1.0006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the landincluded in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenafnce of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. crrTrn.i r.. That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting -Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 64 27 As 2� 28 _ A 'L\ 5 29t ti tip a s 31 Eu 7 0 l GR !0)�-.r4 R R � 4t Ala 4S 5o pQ 1 51 $0 52 a 75 70t $3 i t 69 1 74 r j 68 > 54 73 55 CTo 5 5 63 ' 57 G2y�'r 66 62 58 �OG� 65 t M B 8 5 .. 4 ;4 1 59 VAR 1. MAINT.- EASE 60 � ~� t -VARI. _ MAINT. EAS LOS-AgbE ES CflUH7Y T flEp EHT OF PUBLIG WORKS LIGHTING MAINTENANCE DISTRICT PROPOSED ANNEXATION TO COUNTY TRAFFIC AND LIGHTING DIVISION 1000C' 'AND COUNTY LIGHTING UrSTRrCfi LLA-1 _CITY DIF . IAI4 voAID CRAWN RECOMMENDEr v'Y IR 5 /• n+rs $-Cp'S7 APPROVED -+ DATE .. FCC-, of 4.QUNTY OF LOS ANGELES + + ul }� rM r+ kY >4{ n ; w'1TMENT OF PUBLIC WORKS ' - 4C+ o MtP� sr 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDFMANSON, Director Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P -0 -BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 - R - IN REPLY PLEASE March 7, 1990 REFER TO FILE: T-3 850.22 Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Dear Mr. Van Nort: ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47 The area shown on the enclosed map is being processed for annexation to the subject lighting district in order to,provide..funds for the operation and maintenance of. street lights to be installed by the developer. Since this area is within the boundaries of the:City of Diamond Bar, we will need permission from the'City Council before the annexation procedures may be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing the area within the City to the subject lighting district. Please present this Resolution to the Council at its meeting. If the Council adopts the Resolution, please have two copies executed and returned to this Department. Very truly yours, t64 -T. A. TIDEMANSON Director of Public Works VRS:dh/c Enc. RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 16 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Sar, as follows: SECTION I That the public interest, convenience and necessity require the maintenance Of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Department of Public Works, SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Department of Public Works of the County of Los Angeles. Cr!'TTrM irr The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 9 Due to size and shape of map, we are unable to duplicate. The map is available for review in the City Clerk's office and will be posted at the March 20, 1990 Council meeting. u + k - y o4upoaN�s THOMAS A. TIDEMANSON, Director March 7, 1990 COUNTY OF LOS ANGELESRECEI` E -b- DIA,M110,ND BAR DEPARTMENT OF PUBLIC WORKS -�- Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Dear Mr. Van Nort: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (8 IS) 458-5100 ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 1866 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97 _ -Ails ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 918024460 IN REPLY PLFASE TT -3 REFER TO FILE' 850.22 The area shown on the enclosed map is being processed for annexation to the subject lighting district in order to prow-ide funds for the operation and maintenance of street lights to be installed by the developer. Since this area is within the boundaries of the City of Diamond Bar, we will need permission from the City Council before the annexation procedures may be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing the area within the City to the subject lighting district. Please present this Resolution to the Council at its meeting. If the Council adopts the Resolution, please have two copies executed and returned to this Department. Very truly yours,. ILI, T. A. TiDEMANSON Director of Public Works VRS:dh/P Enc. RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 1866 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 1866 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 1866 and County Lighting District LLA -1 on file in the office of the Department of public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 1866 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Department of Public Works of the County of Los Angeles. crnTrnir rrT The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy E LICOMIAIG .5 7 - Fr -FROP08ED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT .18 AND COUNTY LIG11TING DISTRICT LLA -1 CITY OF DIAMOND BAR ZolvZ pPROJ 26G--97 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIONTING DIVISION rawn_Q 3calvp� -L Toco--*.d*d 5174 Approved rr at* 7r-- D7- RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AGREEMENT FOR COST-SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for cost sharing of electrical facilities for state highways in the City of Diamond Bar effective as of amended or terminated. and to remain in effect until WHEREAS, the City Council has heard/read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of Diamond Bar that said Agreement for Cost Sharing of electrical facilities for state highways in the City of Diamond Bar is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. PASSED, APPROVED AND ADOPTED this day of , 1990. Mayor 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AGREEMENT FOR COST-SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for cost sharing of electrical facilities for state highways in the City of Diamond Bar effective as of and to remain in effect until amended or terminated. WHEREAS, the City Council has heard/read said agreement in full and is familiar with the contents thereof: THEREFORE, be it resolved by the City Council of the City of Diamond Bar that said Agreement for Cost Sharing of electrical facilities for state highways in the City of Diamond Bar is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. PASSED, APPROVED AND ADOPTED this day of . 1990. Mayor 1, 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar AGREEMENT FOR SHARING COST OF STATE HGIHMY ELECTRICAL FACILITIES WITH CITY OF DIAMOND. BAR THIS ArRF:EMENT, made and executed in duplicate this day of , 19 , by an between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Diamond Bar hereinafter referred as to CITY. WITNESSETH; ._ C SIIT� This agreement shall supersede and previous agreement and/or amendments thereto for sharing State incurred costs in the CITY with the CITY. ELECTRICAL FACILITIES Electrical facilities include flashing beacons, traffic signals, traffic --signal systems, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals; traffic -signal systems, safety lighting, and sign lighting now in place at the intersection of any state highway route and any city street shall be shared as shown in Exhibit A. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals, and traffic -signal systems shall be based on actual intersection cost which are as follows: Maintenance - Labor including overhead assessment - Other expenses . Equipment . Materials . Miscellaneous expenses Electrical energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit costs derived by averaging Districtwide cost each month. Costs are as follows: 2/90 CM ° Maintenance - Labor including overhead assessment - other expenses . Equipment . Materials . Miscellaneous expenses Electrical energy It is agreed that monthly billings for utility -owned and maintained lighting will be based on calculated unit costs derived from, utility company billings. Exhibit A will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30)days' notice to the other party. 2 INN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALTFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST QTY OF DIAMOND BAR Director of Transportation 0 !A 3 Mayor City Clerk City Attorney E MIT rrAn CITY OF DIAMOND BAR El =CAL FACILITIES OPERATION AND COST DISTRIBOTION Billed and Maintained by the STATE "Err Number Type of Post Mi. Rte Location Facility E-0920 57 57 Fwy SB, 3.260 Pathfinder E-0921 57 57 Fwy NB, 3.300 Pathfinder E-0713 60R 60 Fwy M, 25.700 Diamond Bar SIGNAL r111;pe "pit Effective Unit Cost Distr (Acct) Sta!eCity SAFETY LIGBTS 4 lights (200 W - BPS) 2.0 SIGNAL rsiy loe r1prr SAFETY LIGHTS 2 lights (200 W - BPS) 1.0 SIGNAL I,yVe nPn SAFETY LIGHTS 50 50 50 50 50 50 50 50 50 50 2 lights (310 W - HPS) 2.0 50 50 4 EXHIBIT "A" CITY OF DIAMOND BAR Effective ELECTRICAL FACILITIES OPERATION AND MAINTEWKE COST DISTRIBUTION Billed and Maintained by the STATE "Ell Nuirdoer Post Mi. Rte Location E--1229 60R 60 Fwy E/B, 25.701 Diamond Bar Type of Facility SIGNAL riYi MPH Unit Cost Distr (Acct) State/City SAFETY LIGHTS 4 lights (310 W - BPS) 4.0 5 50 50 50 50 AGREEMENT FOR SHARIlJG COST OF STATE HGIHWAY ELECTRICAL FACILITIES WITH � CITY OF DIAMOND BAR THIS AGREEMEW, made and executed in duplicate this day of 19 , by an between the State of California,. acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Diamond Bar hereinafter referred as to CITY. WITNESSETH: P13REEMEW This agreement shall supersede and previous agreement and/or amendments thereto for sharing State incurred costs in the CITY with the CITY. ELECTRICAL FACILITIES Electrical facilities include flashing beacons, traffic signals, traffic -signal systems, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals; traffic -signal systems, safety lighting, and sign lighting now in place at the intersection of any state highway route and any city street shall be shared as shown in Exhibit A. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals, and traffic -signal systems shall be based on actual intersection cost which are as follows: ° Maintenance - Labor including overhead assess meant - Other expenses . Equipment Materials . Miscellaneous expenses ° Electrical energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit costs derived by averaging Districtwide cost each month. Costs are as follows: 2/90 CM ° Maintenance - Labor including overhead assessment - Other expenses . Equipment . Materials . Miscellaneous expenses ° Electrical energy It is agreed that monthly billings for utility -owned and maintained lighting will be based on calculated unit costs derived from utility company billings. Exhibit A will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective and shall remain in full force and effect until az-ended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30) days' notice to the other party. 6 r Y� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALIFORNIA DEPARTMM OF TRANSPORTATION ROBERT R. BEST CITY OF DIAMOND BAR Director of Transportation ]BY 3 By Mayor City Clerk City Attorney Traffic and Transportation Minutes 3 February 1, 1990 ----------------------------------------------------------------- DISCUSSION: TI 106 - Continued from 1-19-90. CE/Kranzer gave staff PATHFINDER ROAD AT report of request for traffic signal or three- BREA CANYON ROAD: way stop at the intersection of Pathfinder Road and Brea Canyon Road and to evaluate the concept to provide a "free right -turn" for westbound Pathfinder to northbound Brea Canyon Road. He presented a plan of the existing striping and signage. The Committee would like to further study the movement at the intersection by installing temporary "construction zone" stops, and video tape the response of motorists for a few hours to determine an interim solution to the problem. TI 105 - ROLLING CE/Kranzer gave staff report. and background on KNOLL/QUAIL SUMMIT problem where motorists cut -through Quail CUT -THROUGH: Summit Drive and Rolling Knoll Drive to avoid traffic congestion at the intersection of Grand Avenue and Diamond Bar Boulevard. Possibly with the cooperation of residents to initiate strategies in an effort to deter the cut - through traffic. Strategies discussed were: "moving barricades", speed bumps and street closures. CE/Kranzer will set up a meeting with the residents to discuss which method to try. Monday, February 26 at 7:00 p.m. at Quail Summit Elementary School was suggested. TI 113 - GONA CE/Kranzer gave staff report of request from COURT AT COLIMA residents of Cross Keys Development to install ROAD: "Do Not Block Intersection" sign as motorists on Colima Road block Gona Court when traffic backs up from traffic signal at Colima Road and the Route 60 Freeway on-off ramps. Staff recommendation is to prohibit parking on soutside of Colima Road from 200 feet west of Gona Court to westerly entrance to Albertson's Shopping Center, install Right -Turn Only in curb lane (#3 lane) in said 200 feet west of Gona Court with appropriate pavement markings and signs and prohibit parking on both sides of Colima Road from the Route 60 Freeway on- off ramps to Brea Canyon Road. Commitee instructed staff to bring striping and signage plan with proposed changes and parking restrictions to next meeting. Traffic and Transportation Minutes 4 February 1, 1990 -------....--------------------------------------------------------- LISTING OF ALL CE/Kranzer is having a location map and TRAFFIC background data of each traffic investigation INVESTIGATIONS: received developed for each committee member. Lemon Avenue at Colima Road: CE/Kranzer will have centerline pavement markings installed within tract. TI 110: Silver Hawk Road and Diamond Bar Boulevard -traffic signal: Committee Member Eustaquio will have church submit formal. request. TI 112: Large commercial trucks parking: Place on March 1, 1990, agenda. TI 11.4: Overnight/Preferential Parking (City- wide): Place on March 1, 1990, agenda.. TI 115: Restrict. Parking in area surrounding Diamond Bar High School: Place on March 1, 1990, agenda. . TI 116: Cars parked on Evergreen Springs Drive and Lost River Drive on street sweeping day Deputy Clark will have enforced. TI 118: Noise level associated with Pathfinder Road Bridge Project - have project agency address. LATE BUSINESS: Committee Member Rebeiro asked what is committee's protection in regard to law suits being filed against them if someone feels action taken by the committee caused them problems.. CE/Kranzer will have. City Attorney Andrew Arczynski address this for the Committee. Traffic and Transportation Minutes 5 February 1, 1990 ----------------------------------------------------------------- ADJOURNMENT: There being no further business, meeting was adjourned at 7:54 p.m. ATTEST: THOMAS ORTIZ, Chairperson Respectfully submitted, BARBARA DEDEAUX Secretary I COUNTY OF LOS ANGELES ¢ +RE 1,;E n f TMENT OF PUBLIC WORKS x 900 SOUTH FREMONT AVENUE CITY *^ K ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDFMANSON, Dir «. � Telephone: (81$) 458-5100 .53 y ¢ E9 d February 23, 1990 Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Mr. Van Nort: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: T-3 850.22 ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64, 132-57, 134-57, 136-57, AND 9-18 The areas shown on the enclosed maps are being processed for annexation to the subject lighting district in order to provide funds for the operation and maintenance of street lights to be installed by the developers. Since these areas are within the boundaries of the City of Diamond Bar, we will need permission from the City Council before the annexation procedures may be consummated. Enclosed are three copies each of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing these areas to the subject lighting district. Please present these Resolutions to the Council at its meeting. If the Council adopts the Resolutions, please have two copies of each executed and returned to this Department. Very truly yours, /L�L T. A. TIDEMANSON Director of Public Works VRS:dh/P Enc. RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 9-18 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA --1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy C I-,GriTnM TT That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SrriT()KI TTT That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents.to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. S SO X47 Ar k3 X C) x o flMSERLINE o m LN m v U) '1 !9 9 58 fi So S� 56 55 54 53 52 j Ln 5 66 67 68 2{ w �. ro w � m ;. m n C� o .372 71 VAR= 4to $► sz 450 to � 6� 14 i 85 C 93 i0 45192 �~ 44 - � 3 7. i 10 $ 7 6 5 a s .c*u,s 79 � Qnar PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10000 AND COUNTY LIGHTING DISTR ICT- LLA- I CITY OF . -DIAMOND BAR ZDNE pv�lo.J 9-i8 Til IS LAP 15 BASED UPCM IMrORMATION AVA{LA$LE FROM ri,Rn a``U� ANY INACCyRAC IES 1q1 ICH MAY BE PRESENT IN T 4 S v►?. LOS ANGELES COUNTY DEPT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION REF CRA"8Y CMECEED BY RECOL+UENDLD ST APPROVED •' DRAWING NUUBER - T.G. °�%- C5 TDR v9,5 SCEAL�r - Lol1R aaTEr_rJ�-8,91 Dxr DATE � ~ ` I RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 134-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar: and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the Maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SFrTTnN TT That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District I0006 and County Lighting District LLA -I by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Publiw Works of the County of Los Angeles. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 6 PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT bT�QOOCo ANI} COUNTY LIGHTING -TRMT LLA -1 CITY of ��,�ManrZ7 .BAS zo.V f ISO 134-57 "S' 'Ss 1 s \0 �O � 15 � as22 s 21 14 23° 13 ° Z 4 �p L ° , GO 42 12 '�� 25 rs, 26 /0 43 zr, `Jr 27 4 28 se 10 33, 45 27, _ 38 4& � 31a <30 Q 47 t$ _ 39a 47J <38 31 47 50 32 a� 48 < 44 -/ 5 7 49s a O Ler Cl z ISO _33 � , ss 49 �6 ¢ ss 3 4 _p s� s 4. Sz-35 �p 37 3 t 51 . \4 2 57 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING 01 -VISION Drawn by Scal�la 2O0' q-8 Recommended V S DatwL• 7�'G- 97A -,5 2 L& -C-3. 1085-.33-43 5� PR-C>f'O5ED ANNEXA710,1V PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT /OOOGAND COUNTY LIGHTING DISTRICT LLA --1 CITY OF_ D1ANi4ND BAR ZONE P=-4 L13.4.57 METERS 2 5c TS rrET THIS UAP m g,t¢p UP0 IMFgO�RUA7E?CO{N�R�]V5AILpA�8LE PROW 5 c�uUk y LF fA6 fL, OA L lL15 --5H7-'2 OF?, ANY IMACCURAC IES VsHILK MAY 6E PRESENT lR THIS YAP. LOS ANGELES COUNTY DEPARTMENT OF f UBLIC WORKS TRAFFIC AND LIGHTING DIVISION -.7-0 R. _ .. SCALE: f = 87 RECammCNt]ED ^ . DATE d -87 87 APFR DYED � F LL�iE p "G 'l7Lf '32 RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 132-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as f0114w5: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA --1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. CM1-rT %k1 11T The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy N r rn t PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE. DISTRICT 1000G AN -D COUNTY LIGHTING DISTRICT LLA -1 CI77 -;Dfr� Z)1AW,0Ar.9= BAR ZOAIE 'F/?O / 1.32_ 57 fFh, nrlrnrATgD � >ti0 Jr0 iSOI sur I rwtx YA>• [5 -SEC upon ExrURwATIa>. AVAII-AaLE "CM SFA*f°"$4�€ AoV inA['=LRaC wAICM WAY GE PRESENT In THIS HAP. LOS ANGELES COUNTY DEPT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISIOEN TREi DRAWN 8Y C%IECXED BT RECOMMENDED 8Y .6.07A_BZ -- p O / C APPROYE0 �. _ DRAWING NUMB" SCALE 1' = 200" "A01 -6 V - , 7- Z/ 67 D""87- 23-87 DATE , DATE ,. RESOLUTION NO. 90 - RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SPrTTOM TTT That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. CFrTTnM TV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County bighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 16 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. SECTION VI That the City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held , 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is a full, true and correct COPY of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy • ',,r r t , S rF r � •.S �� !� f �L t• i t ��`tirr�'d"i' a {Y�' i`i lit n Q ' }�},�: o e� �iyy�gj ,�, � • ftp - �h� - 1'�, -� L'° � �* . r +.t4•;j H '#_. 'Nd 9 i y �_ 7a" 1} F •�.�� Fv, t`,� _ �: � f' A` t cif r: ", �s ,4<'.�. _ 3 I. � M s}I� z J - v. -. J•, F Kr ; - -: 2. r V 'D" tr S �• S i F� 7 yr W � � . ' 1 l 4 151 y" Y .; "�lil \ 'ti � � `'.�;•'� J�• l� � j � ` - 1 :�_ �• t � �; ^9♦ a6 � ` �,,�s"1,a iia ;�W-° � '£;• "�'� Fs�;��'+ 51 IVA-. E'-.. — r:� 3`•2 5 J.i � ,� r. �� _fir �•� ��;� ' ��'-� ��'�� ` s• L' 4lk4, mow. —NOW 3 a•� . _ s j 11 � V �" � C I 9J' I • 4 Y ' "lY a ♦ • UI - — fn > o: "I q,"Col v la �? m Q �"` j{�yfy � " .L" F � a ,Mj��3< f v 'f YJ �,,i'"s�L 5 A• �'#'� 6 � 1 a� \_ 3r 1.= y �N e n 'tel �J. -.?t; 1` � "rk •.s+c � r '4s wk: rt i RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 136-57 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under division 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 1.0006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the landincluded in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION I That the public interest, convenience and necessity require the maintenafnce of a street lighting system located within said territory as shown on the maps of the annexation of the County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Director of Public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. crrTrn.i r.. That the consent of this City is hereby given to the commencement of the proceedings for said annexation to the County Lighting -Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Director of Public Works of the County of Los Angeles. SECTION VI The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adapted by the City Council of the City of Diamond Bar at its meeting held 19 by the following voter: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 64 27 As 2� 28 _ A 'L\ 5 29t ti tip a s 31 Eu 7 0 l GR !0)�-.r4 R R � 4t Ala 4S 5o pQ 1 51 $0 52 a 75 70t $3 i t 69 1 74 r j 68 > 54 73 55 CTo 5 5 63 ' 57 G2y�'r 66 62 58 �OG� 65 t M B 8 5 .. 4 ;4 1 59 VAR 1. MAINT.- EASE 60 � ~� t -VARI. _ MAINT. EAS LOS-AgbE ES CflUH7Y T flEp EHT OF PUBLIG WORKS LIGHTING MAINTENANCE DISTRICT PROPOSED ANNEXATION TO COUNTY TRAFFIC AND LIGHTING DIVISION 1000C' 'AND COUNTY LIGHTING UrSTRrCfi LLA-1 _CITY DIF . IAI4 voAID CRAWN RECOMMENDEr v'Y IR 5 /• n+rs $-Cp'S7 APPROVED -+ DATE .. FCC-, of 4.QUNTY OF LOS ANGELES + + ul }� rM r+ kY >4{ n ; w'1TMENT OF PUBLIC WORKS ' - 4C+ o MtP� sr 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDFMANSON, Director Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P -0 -BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 - R - IN REPLY PLEASE March 7, 1990 REFER TO FILE: T-3 850.22 Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Dear Mr. Van Nort: ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47 The area shown on the enclosed map is being processed for annexation to the subject lighting district in order to,provide..funds for the operation and maintenance of. street lights to be installed by the developer. Since this area is within the boundaries of the:City of Diamond Bar, we will need permission from the'City Council before the annexation procedures may be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing the area within the City to the subject lighting district. Please present this Resolution to the Council at its meeting. If the Council adopts the Resolution, please have two copies executed and returned to this Department. Very truly yours, t64 -T. A. TIDEMANSON Director of Public Works VRS:dh/c Enc. RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 16 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Sar, as follows: SECTION I That the public interest, convenience and necessity require the maintenance Of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Department of Public Works, SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Department of Public Works of the County of Los Angeles. Cr!'TTrM irr The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy 9 Due to size and shape of map, we are unable to duplicate. The map is available for review in the City Clerk's office and will be posted at the March 20, 1990 Council meeting. u + k - y o4upoaN�s THOMAS A. TIDEMANSON, Director March 7, 1990 COUNTY OF LOS ANGELESRECEI` E -b- DIA,M110,ND BAR DEPARTMENT OF PUBLIC WORKS -�- Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Dear Mr. Van Nort: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (8 IS) 458-5100 ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 1866 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97 _ -Ails ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 918024460 IN REPLY PLFASE TT -3 REFER TO FILE' 850.22 The area shown on the enclosed map is being processed for annexation to the subject lighting district in order to prow-ide funds for the operation and maintenance of street lights to be installed by the developer. Since this area is within the boundaries of the City of Diamond Bar, we will need permission from the City Council before the annexation procedures may be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing the area within the City to the subject lighting district. Please present this Resolution to the Council at its meeting. If the Council adopts the Resolution, please have two copies executed and returned to this Department. Very truly yours,. ILI, T. A. TiDEMANSON Director of Public Works VRS:dh/P Enc. RESOLUTION NO. 90— RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 1866 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 1866 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 1866 and County Lighting District LLA -1 on file in the office of the Department of public Works. SECTION II That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. SECTION III That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. SECTION IV That the consent of this City is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 1866 and County Lighting District LLA -1 by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Department of Public Works of the County of Los Angeles. crnTrnir rrT The City Clerk shall certify to the passage of this resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Diamond Bar at its meeting held 19 , by the following vote: By City Clerk I hereby certify that the foregoing document is full, true and correct copy of Resolution No. on file in the office of the City Clerk of the City of Diamond Bar, California City Clerk By Deputy E LICOMIAIG .5 7 - Fr -FROP08ED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT .18 AND COUNTY LIG11TING DISTRICT LLA -1 CITY OF DIAMOND BAR ZolvZ pPROJ 26G--97 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIONTING DIVISION rawn_Q 3calvp� -L Toco--*.d*d 5174 Approved rr at* 7r-- D7- RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AGREEMENT FOR COST-SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for cost sharing of electrical facilities for state highways in the City of Diamond Bar effective as of amended or terminated. and to remain in effect until WHEREAS, the City Council has heard/read said agreement in full and is familiar with the contents thereof; THEREFORE, be it resolved by the City Council of the City of Diamond Bar that said Agreement for Cost Sharing of electrical facilities for state highways in the City of Diamond Bar is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. PASSED, APPROVED AND ADOPTED this day of , 1990. Mayor 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AGREEMENT FOR COST-SHARING OF STATE HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR WHEREAS, the State of California, through its Department of Transportation has presented an Agreement for cost sharing of electrical facilities for state highways in the City of Diamond Bar effective as of and to remain in effect until amended or terminated. WHEREAS, the City Council has heard/read said agreement in full and is familiar with the contents thereof: THEREFORE, be it resolved by the City Council of the City of Diamond Bar that said Agreement for Cost Sharing of electrical facilities for state highways in the City of Diamond Bar is hereby approved and the Mayor and City Clerk are directed to sign the same on behalf of said City. PASSED, APPROVED AND ADOPTED this day of . 1990. Mayor 1, 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 , 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar AGREEMENT FOR SHARING COST OF STATE HGIHMY ELECTRICAL FACILITIES WITH CITY OF DIAMOND. BAR THIS ArRF:EMENT, made and executed in duplicate this day of , 19 , by an between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Diamond Bar hereinafter referred as to CITY. WITNESSETH; ._ C SIIT� This agreement shall supersede and previous agreement and/or amendments thereto for sharing State incurred costs in the CITY with the CITY. ELECTRICAL FACILITIES Electrical facilities include flashing beacons, traffic signals, traffic --signal systems, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals; traffic -signal systems, safety lighting, and sign lighting now in place at the intersection of any state highway route and any city street shall be shared as shown in Exhibit A. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals, and traffic -signal systems shall be based on actual intersection cost which are as follows: Maintenance - Labor including overhead assessment - Other expenses . Equipment . Materials . Miscellaneous expenses Electrical energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit costs derived by averaging Districtwide cost each month. Costs are as follows: 2/90 CM ° Maintenance - Labor including overhead assessment - other expenses . Equipment . Materials . Miscellaneous expenses Electrical energy It is agreed that monthly billings for utility -owned and maintained lighting will be based on calculated unit costs derived from, utility company billings. Exhibit A will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective and shall remain in full force and effect until amended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30)days' notice to the other party. 2 INN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALTFORNIA DEPARTMENT OF TRANSPORTATION ROBERT K. BEST QTY OF DIAMOND BAR Director of Transportation 0 !A 3 Mayor City Clerk City Attorney E MIT rrAn CITY OF DIAMOND BAR El =CAL FACILITIES OPERATION AND COST DISTRIBOTION Billed and Maintained by the STATE "Err Number Type of Post Mi. Rte Location Facility E-0920 57 57 Fwy SB, 3.260 Pathfinder E-0921 57 57 Fwy NB, 3.300 Pathfinder E-0713 60R 60 Fwy M, 25.700 Diamond Bar SIGNAL r111;pe "pit Effective Unit Cost Distr (Acct) Sta!eCity SAFETY LIGBTS 4 lights (200 W - BPS) 2.0 SIGNAL rsiy loe r1prr SAFETY LIGHTS 2 lights (200 W - BPS) 1.0 SIGNAL I,yVe nPn SAFETY LIGHTS 50 50 50 50 50 50 50 50 50 50 2 lights (310 W - HPS) 2.0 50 50 4 EXHIBIT "A" CITY OF DIAMOND BAR Effective ELECTRICAL FACILITIES OPERATION AND MAINTEWKE COST DISTRIBUTION Billed and Maintained by the STATE "Ell Nuirdoer Post Mi. Rte Location E--1229 60R 60 Fwy E/B, 25.701 Diamond Bar Type of Facility SIGNAL riYi MPH Unit Cost Distr (Acct) State/City SAFETY LIGHTS 4 lights (310 W - BPS) 4.0 5 50 50 50 50 AGREEMENT FOR SHARIlJG COST OF STATE HGIHWAY ELECTRICAL FACILITIES WITH � CITY OF DIAMOND BAR THIS AGREEMEW, made and executed in duplicate this day of 19 , by an between the State of California,. acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Diamond Bar hereinafter referred as to CITY. WITNESSETH: P13REEMEW This agreement shall supersede and previous agreement and/or amendments thereto for sharing State incurred costs in the CITY with the CITY. ELECTRICAL FACILITIES Electrical facilities include flashing beacons, traffic signals, traffic -signal systems, safety lighting, and sign lighting on the State Highway System. The cost of operating and maintaining flashing beacons, traffic signals; traffic -signal systems, safety lighting, and sign lighting now in place at the intersection of any state highway route and any city street shall be shared as shown in Exhibit A. Basis for billing: It is agreed that monthly billings for flashing beacons, traffic signals, and traffic -signal systems shall be based on actual intersection cost which are as follows: ° Maintenance - Labor including overhead assess meant - Other expenses . Equipment Materials . Miscellaneous expenses ° Electrical energy It is agreed that monthly billings for safety lighting and sign lighting shall be based on calculated unit costs derived by averaging Districtwide cost each month. Costs are as follows: 2/90 CM ° Maintenance - Labor including overhead assessment - Other expenses . Equipment . Materials . Miscellaneous expenses ° Electrical energy It is agreed that monthly billings for utility -owned and maintained lighting will be based on calculated unit costs derived from utility company billings. Exhibit A will be amended as necessary by written concurrence of both parties to reflect changes to the system. This Agreement shall become effective and shall remain in full force and effect until az-ended or terminated. The Agreement as above may be amended or terminated at any time upon mutual consent of the parties thereto. This Agreement may also be terminated by either party upon thirty (30) days' notice to the other party. 6 r Y� IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF CALIFORNIA DEPARTMM OF TRANSPORTATION ROBERT R. BEST CITY OF DIAMOND BAR Director of Transportation ]BY 3 By Mayor City Clerk City Attorney