Loading...
HomeMy WebLinkAbout09/04/1990.A Incorporated April 18, 1989 City of Diamond Bar, California CITY COUNCIL AG-ENDA REGULAR MEETING Mayor - Gary H. Werner Mayor Pro Tem - John Forbing Councilwoman - Phyllis Papen Councilman - Paul Horcher Councilman - Jay Kim City Council Chambers are located at: Walnut Valley Unified School District Board Room 880 South Lemon Avenue IPlease refrain from smokin& eating or drinking in the Council Chambers MEETING DATE: September 4, 1990 MEETING TIME: 6:00 p.m. Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney Lynda Burgess City Clerk fCo .esiist;�fi;re�torts or�ithervuritten doc�eritat[on relatmQeh .rr ed.oon. -trgt tla Ii? Dn Elle li' #11e office of thi i itji Clerlt a[id2r av ilat l ftlr attic .h,V"Oeti0(1 you have quest�bns regarding ray. .........:.... agenda item contace tt e qty Clerk at (14) 860 2489[ dunn9 bustness hours City of Diamond Bar uses RECYCLED paper and encourages you to do the same. gY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM WO- DATE: O. DATE: TO: City Clerk FROM: ADDRESS: �LL ORGANIZATION: SUBJECT :/ /& �n' the Council on the subject agenda item. Please have the I expect to address name and dress as written above. Council Minutes reflect my Signature d meetings and address the City council. w wishing NOTE: All persons may atten form is intended to assist the Mayor in ensuring that all persons to address the Council are recognized and to ensure correct spelling of names in the Minutes. OLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO.__ q DATE: — TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenaa JLf--l«• -- Council Minutes reflect my name and address /a1s' written above. Signature This NOTE: All persons may attend meetings and address that all persons wishing Council.ty Th form is intended to assist the Mayor in ensuring spelling of to address the council are recognized and to ensure correct sp g names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO --- DATE: City Clerk < �� TO: ' FROM: ADDRESS: ORGANIZATION: SUBJECT: (� I expect to address the Cou am °a d Council Minutes reflect my n 1 r, dPlease have the subject agenda item. 9ress as written above -.1, s ignature " Council. This attend meetings and ad cess the Cityrsons wishing NOTE: All persons may or in ensuring that all persons of form is intended to assist the Mayor and to ensure correct spelling to address the Council are recognized names in the Minutes. THIS MEETING IS BE AIRING ON CHANNEL AND`WILL>'> BE UNA' CLOSED SESSION CON'. 5:00 p.m. Litigation - Government Code Section 54956.9 Next Resolution No. 71 Next Ordinance No. 10 CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: COUNCILMEMBERS PAPEN, KIM, HORCHER, MAYOR PRO TEM FORBING, MAYOR WERNER COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 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 complete a 0-1- 1 fl --A -A . .... .4.. 4-1-- -,- - - when addressing the City Council. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 1. SCHEDULE FUTURE MEETINGS A. Traffic and Transportation Committee - September 5, 1990 - 6:30 p.m. - Community Room, 1061 S. Grand Avenue. B. Planning Commission Meeting - September 10, 1990 - 6:00 p.m. W.V.U.S.D. Board Room - 880 S. Lemon Ave. C. Congressman David Dreier Office Hours - September 12, 1990 - 9:00 a.m. to 12:00 p.m. - City Hall D. Parks and Recreation Meeting - September 13, 1990 - 6:00 p.m., City Hall CITY COUNCIL AGENDA PAGE 2 SEPTEMBER 4,1990 E. Los Angeles County Fair - Diamond Bar Day at the Races (4th Race) - September 17, 1990 - Time to be announced - L.A. County Fair Grounds - Pomona F. Diamond Bar City Council Meeting - September 18, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon Ave. G. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, Ramada Inn - 9:00 a.m. to 5:00 p.m. H. Planning Commission Meeting - September 24, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. I. Area "D" Civil Defense - September 26, 1990 - 7:30 p.m. - Walnut Sheriff's Station Assembly Room J. Parks and Recreation Commission Meeting - September 27, 1990 - 6:00 p.m. - Community Room - 1061 S. Grand Ave. K. Strategic Planning Workshop - Tentatively scheduled for September 27, 1990 - 3:00 p.m., Ramada Inn 2. MINUTES - A) Approve Minutes of Regular Adjourned Meeting of July 31, 1990, B) Joint Meeting of Walnut Valley Water District and Diamond Bar City Council August 6, 1990, C) Regular Meeting of August 7, 1990 and D) Special Meeting of August 14, 1990. 3. WARRANT REGISTER - Approve the Warrant Registers A) dated August 21, 1990 in the amount of $202,568.22 and B) dated September 4, 1990 in the amount of $3,994,258.54. 4. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUB - GRANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION FUNDS RELATED TO STATE PROJECT NO. BB -19-152. Based on procedures by the State regarding the Roberti-Z'Berg Grant, the County is prohibited from issuing any amendment or agreement after the issuance of the grant funds. Based on this, the County is unable to transfer the grant for Peterson Park to the City. In addition, a second Grant was issued by the 1986 State Conservation and Water Bond Act also for the construction of Peterson Park. The County transferred $25,000 to the City by mistake. The County has requested that the City return the money to the County. CITY COUNCIL AGENDA PAGE 3 SEPTEMBER 4, 1990 Recommended Action: Adopt Resolution No. 90 - XX authorizing the subgrant agreement with the County of Los Angeles related to Peterson Park and return $25,000 erroneously transferred to the City. 5. RESOLUTION NO. 90 - 45A ESTABLISHING SALARIES FOR POSITIONS OF PLANNING DIRECTOR AND ASSISTANT CITY MANAGER - Due to recent Council action authorizing new positions and amending existing positions, it is necessary to amend Resolution No. 90 - 45 establishing or modifying salary schedules for full time and part time positions. The existing positions requiring modification are Director of Planning and Assistant City Manager. New positions needed to be established are Associate Planner, Planning Technician, Parks and Maintenance Worker II and Account Clerk I. Recommended Action: Adopt Resolution No. 90 - 45A amending Resolution No. 90-45, more specifically, the Salary Schedule and Administrative/Executive Position Designations. 6. RESOLUTION NO. 90 - XX ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE LOS ANGELES CONGESTION MANAGEMENT PROGRAM (CMP) AGENCY FOR THE LOS ANGELES COUNTY. Passage of Proposition 111 and adoption of Assembly Bill No. 1791 mandates that local agencies work through a county -wide Congestion Management Agency. Recommended Action: Adopt 90 - XX acknowledging the designation of the Los Angeles County Transportation Commission as the Los Angeles Congestion Management Program (CMP) Agency for L.A. County. 7. BOND EXONERATION - Los Angeles County Department of Public Works has requested bond exonerations for the following: A) Road Improvements for Tract No. 42586, vicinity of Armitos Place and Diamond Bar Blvd.; and B) Road Improvements for Tract 42587, vicinity of Armitos Place and Top Court. City Engineer has made a cursory review of the improvements and is in agreement. Recommended Action: Approve work completed, exonerate Bond No. ASI 100077 and Bond Number ASI 100081 and direct City Clerk to send Council action to principals involved. 8. BOND EXONERATION - The City Engineer received a request from The Anden Group, developer of Tract Numbers 36813 and 42582 for exoneration of Geology Bond Numbers ASI 100095 and ASI 100210. The rough grading approval has been certified and the City Engineer has made a review of the improvements and is in agreement. CITY COUNCIL AGENDA PAGE 4 SEPTEMBER 4, 1990 Recommended Action: Release the surety bonds and instruct the City Clerk to send a copy of Council's actions to the principals. 9. BOND EXONERATION - The City Engineer received a request from Ahmanson Development, Inc., developer of Tract 36346 for exoneration of Surety Bond Nos. 4083256, 4083445 and 5343862. The City Engineer has reviewed the improvements and is in agreement. Recommended Action: Release surety bonds and instruct the City Clerk to send a copy of Council's actions to the principals. 10. BOND REDUCTION - City Engineer has received a request by Bramalea California, Inc., the developer of Tracts 31850, 42564 and 35576 for reduction of grading bonds based upon the satisfactory completion of 75% of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. Recommended Action: Reduce grading bond 83SB-100426695 in the amount of $304,500.00 and instruct the City Clerk to send a copy of Council's actions to the principals. 11. DENIAL OF CLAIMS - Claim for Damages filed by the following: A) Nicky Li Chan; B) Rosemarie De Pass; 01 Rose -Lee Harmon and D) Jeff Walters. Recommended Action: Deny claims 12. RESOLUTION NO. 90 - 28A: 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. Amending Resolution 90 - 28 adopted March 20, 1990 to reflect correction to proposed boundary as requested by L.A. County. Recommended Action: Adopt Resolution No. 90-28A 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. CITY COUNCIL AGENDA PAGE 5 SEPTEMBER 4, 1990 13. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1808 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Private Drain No. 1808 was constructed in 1988 as part of the improvements in Tract No. 43162. The drain has been inspected and approved by L.A. County Department of Public Works based upon satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. Recommended Action: Adopt Resolution No. 90 - XX requesting L.A. County Board of Supervisors to accept the transfer and conveyance of storm drain improvements known as Private Drain No. 1808 in the City of Diamond Bar. 14. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR , CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1842 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Private Drain No. 1842 was constructed in 1988 as part of the improvements in Tract No. 42534. The drain has been inspected and approved by L.A. County Department of Public Works based upon satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. Recommended Action: Adopt Resolution No. 90 - XX requesting L.A. County Board of Supervisors to accept the transfer and conveyance of storm drain improvements known as Private Drain No. 1842 in the City of Diamond Bar. 15. CANDLELIGHT VIGIL "WORLD SUMMIT FOR CHILDREN" - On Sunday, September 23, 1990 a candlelight vigil will be held at Northminster Presbyterian Church in support of the "World Summit for Children" week. Recommended Action: Support the candelight vigil by providing two four-hour deputies to control the flow of traffic during the event. CITY COUNCIL AGENDA PAGE 6 SEPTEMBER 4, 1990 16. "HOW WOULD YOU RID YOUR COMMUNITY OF DRUGS" - The Diamond Bar Improvement Association is coordinating a contest through the Walnut Valley and Pomona School Districts for children in the Elementary, Junior and High School levels. The three 1st place winners from each category will receive a $1000 bond. Recommended Action: Approve donation of $500.00 from Community Promotion Fund as additional prize for winners of the contest. SPECIAL PRESENTATIONS: 17. CAL TRANS - Mr. Yamaguchi to speak regarding sound walls and landscaping on the 57 and 60 freeways. 18. PROCLAMATION - Proclaiming the week of September 23 - 30, 1990 as World Summit For Children Week in the City of Diamond Bar. 19. PROCLAMATION - Proclaiming the Month of September, 1990 as "Adjustable Wrench For Gas Meter Shut -Off" in the City of Diamond Bar. 20. PROCLAMATION - Proclaiming the Month of October, 1990 as Cultural Diversity Month in the City of Diamond Bar. 21. PROCLAMATION - Proclaiming the Month of September, 1990 as "Cholesterol Education" Month in the City of Diamond Bar. OLD BUSINESS: 22. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMPENSATION FOR CITY COMMISSIONERS/ COMMITTEE MEMBERS. Continued from August 7, 1990. Pursuant to Council request, Commission/Committee members were polled regarding possible compensation for attending meetings. Recommended Action: Review poll taken of Commissioner/Committee members regarding possible compensation for attending meetings and direct staff as necessary. CITY COUNCIL AGENDA PAGE 7 SEPTEMBER 4, 1990 23. STREET SWEEPING CONTRACT - Review and approve contract for street sweeping services between Community Disposal and the City of Diamond Bar for a period of five (5) years. Recommended Action: Approve contract with Community Disposal for street sweeping services and authorize Mayor to execute. 24. COMPUTER RFP - In accordance with recommendations from various computer consultants, it is desirable for the City to obtain proposals for installation of a "network" allowing all staff to share data currently available only to individuals. The Request for Proposals attached to the staff report outlines the hardware, software and cabling required. Recommended Action: Authorize staff to request proposals for purchase, installation and service of a "Local Area Network" and related hardware and software. 25. DIAMOND BAR RANCH FESTIVAL - Pursuant to Council direction at their July 31, 1990 meeting, staff was directed to assist in securing equipment (audio/sound and lighting) for the Diamond Bar Ranch Festival in the amount not to exceed $15,000. Recommended Action: Authorize $12,968 in "seed money" to the 1990 Ranch Festival to assist in obtaining the stage with audio/sound and lighting capability. 26. CITY ENGINEER PROGRESS REPORT - The Traffic and Transportation Committee received public testimony at their meeting of August 23, 1990 regarding the possible closure of Quail Summit Dr. at Rolling Knoll. Following said testimony and review of the subject matter, the Committee agreed to recommend that the City Council consider possible street closures and/or other mitigation measures. Recommended Action: Review report and direct staff as necessary. 27. AWARD OF PETERSON PARR PLAYGROUND EQUIPMENT BID - Bids for play equipment for Carlton J. Peterson Park were opened on August 27, 1990. Bids ranged from a low of $33,747.00 to a high of $34,800.00. Recommended Action: Award contract to purchase and install park equipment to Keith Vint and Associates in the amount of $34,800.00 pursuant to specifications. CITY COUNCIL AGENDA PAGE 8 SEPTEMBER 4, 1990 NEW BUSINESS: 28. RESOLUTION NO 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT FOR THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AGREEMENT - The East San Gabriel Valley Integrated Waste Management Joint Powers Agreement was created for the purpose of enabling cities to jointly characterize the solid waste generated within their jurisdictions and to develop reduction and recycling elements in compliance with the California Integrated Waste Management Act of 1989 (AB939). Recommended Action: 1) Adopt Resolution No. 90 - XX Approving the Agreement for the East San Gabriel Valley Integrated Waste Management Joint Powers Authority and/or direct staff as necessary; 2) Approve the Request for Proposal for a Source Reduction and Recycling Element Preparation and Implementation Consulting Services. 29. TRANSIT ROUTE GRANT - LACTC has approved $13 million, two-year Transit Service Expansion for the purpose of providing additional bus service to congested travel corridors during commute hours; which, would also feed to light rail, commuter rail stations or feed to a regional bus service. Based on this, staff has met with Foothill Transit District to discuss the possibility of applying for transit grants to provide transportation alternatives for Diamond Bar. Recommended Action: Support Foothill Transit in applying for the discretionaly transit grant for both proposed transit routes; and, make a request to Foothill Transit to increase the coverage of the Community Transit System by running more frequently as well as investigate the possibility of using smaller vehicles. 30. ROAD MAINTENANCE AREAS - In order to adequately address street maintenance needs and related programs in the City, the City Engineer will propose dividing the City into 7 areas in order to provide an orderly procession and implementation of programs such as (i.e., slurry seal, parkway tree maintenance, pavement striping, etc.). Recommended Action: Adopt the seven -area plan in the City providing orderly maintenance of streets and implementation of programs. CITY COUNCIL AGENDA PAGE 9 SEPTEMBER 4, 1990 31. ORDINANCE NO. XX (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 17.04.330 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE HOURS OF OPERATION OF CITY PARKS. The Parks and Recreation Commission has identified a need to establish a clear policy for the hours of operation for City Parks. Proposed hours are from dawn to dusk for parks without lighted athletic facilities; and from dawn to 10:00 p.m. for parks with lighted athletic facilities. Recommended Action: Approve for 1st reading by title only Ordinance No. XX (1990) amending Section 17.04.330 of the Los Angeles County Code, as heretofore adopted, pertaining to the hours of operation of City parks. 32. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT FOR GOLDEN SPRINGS ROAD AND SUNSET CROSSING ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Request by City Engineer to go out to bid for traffic signal equipment on Golden Springs Road at Sunset Crossing Road. Recommended Action: Adopt Resolution No. 90 -XX approving plans and specifications for the furnishing of Traffic Signal Equipment for the intersection of Golden Springs Road and Sunset Crossing Road and set date for receipt of bids for September 25, 1990. 33. DISASTER PREPAREDNESS COMMITTEE - Pursuant to request by Mayor Werner. Recommended Action: Direct staff as necessary. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the matters can be heard. 34. ZONE CHANGE FROM M-1 to C-1 AND DEVELOPMENT AGREEMENT - A request for a Zone Change from M-1 (Light Manufacturing) to C-1 (Restricted Commercial) and a Development Agreement to allow a 135 room hotel with a conference room, a 5,000 sq. ft. restaurant, three retail structures totalling approximately 25,000 sq. ft. and five (5) freestanding signs. Recommended Action: Approve Mitigated Negative Declaration; Approve Zone Change 90-0036; Approve Development Agreement No. 1 (1990); and, Set aside signage action until new Sign Ordinance is adopted. CITY COUNCIL AGENDA PAGE 10 SEPTEMBER 4, 1990 35. APPEAL OF DENIAL OF REQUEST FOR A ZONE CHANGE FROM A-1- 15,000 TO C3 -DP -BE - The Planning Commission denied a request for a Zone Change from A-1-15,000 (Light Agricultural, 15,000 sq. ft. minimum lot size) to C3 - DP -BE (Unlimited Commercial, Development Program, Billboard Exclusion) with a Conditional Use Permit to allow 100 room motel on 2.3 acres. Appeal filed by applicant. Recommended Action: Deny Mitigated Negative Declaration; Deny Zone Change 88555; and, Deny Conditional Use Permit 88555. ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting. ADJOURNMENT MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING JULY 31, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.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 Councilman Horcher. ROLL CALL: Councilmembers Papen, Horcher, and Kim, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen advised that the L.A. County Traffic Commission has reduced the priority level of the 57/60 freeway HOV lane in favor of extending the Long Beach (710) freeway. This will eliminate the $25 million previously set aside for this project. CM/Van Nort announced that the signal at Diamond Bar Blvd. and Kiowa Crest is currently out to bid by the County with a closing date of August 28, 1990. Bid award should take place during the September 18th Council meeting. CM/Van Nort further advised that the Diamond Bar Sales Tax report will be available at City Hall on August 1, 1990. He also distributed copies of LAFCO's report on the City's Sphere of Influence application. PUBLIC COMMENTS: Mr. Don Lemley, 1387 Rolling Knoll, requested that the matter of the closure of Rolling Knoll Rd. and Winterwood Dr. to prevent cut -through traffic be referred to the Planning Commission. Mr. Michael Lowe, 1124 D Cleghorn, stated that due to Council ineffectiveness and interference by various members of the community in taking up valuable staff time for minor issues, the commuter lane on the 60 freeway has been bypassed by LACTC. Mr. Frank Dursa, 2533 Harmony Hill Dr., stated that he resented Mr. Lowe's comments. Following discussion, Mr. Jack Istic, representing the City Engineer, advised that a report regarding traffic congestion in the areas in and around Quail Summit Dr. would be provided to the Council. Council directed him to send a copy of the report to Mr. Lemley. JULY 31, 1990 PAGE 2 Staff was directed to schedule a public hearing for residents of the areas affected. CONSENT CALENDAR: C/Kim moved, MPT/Forbing seconded to approve the Consent Calendar with removal of Items 1- H, 4, 5 and 6. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Schedule Future A. Planning Commission Adjourned Regular Meetings Meeting - August 2, 1990 - 9:00 a.m., Days Hotel Conference Room B. Regular City Council Meeting - August 7, 1990 - 6:00 p.m., W.V.U.S.D. Board Room C. Parks and Recreation Commission Study Session - August 9, 1990 - 6:30 p.m., City Hall D. Planning Commission - August 13, 1990 - 7:00 p.m., W.V.U.S.D. Board Room E. General Planning Advisory Committee - August 16, 1990 - 7:00 p.m., Ramada Inn F. Traffic and Transportation Committee - August 23, 1990 - 6:30 p.m., Community Room, 1061 Grand Ave. G. Strategic Planning Workshop - Tenta- tively scheduled for September 27, 1990, location to be announced I. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, tentative location: Ramada Inn - time to be announced Approval of Minutes Approved Minutes of Adjourned Regular Meeting Of July 10, 1990 and Regular Meeting of July 17, 1990. Resolution 90-68 Adopted Resolution No. 90-68 entitled: A Authorization to RESOLUTION OF THE CITY COUNCIL OF THE CITY Solicit Bids - OF DIAMOND BAR APPROVING PLANS AND Carlton J. Peterson SPECIFICATIONS FOR THE PURCHASE AND Park INSTALLATION OF PLAYGROUND EQUIPMENT FOR CARLTON PETERSON PARK IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Preliminary Received and filed preliminary vacant land Vacant Land Map map prepared by Interim Planning Director. JULY 31, 1990 PAGE 3 Resolution 90-69 Adopted Resolution No. 90-69 entitled: A Approving Plans RESOLUTION OF THE COUNCIL OF THE CITY OF & Specs. for DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS Traffic Signals - FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT Grand Ave. at GRAND AVENUE AT MONTEFINO AVENUE IN SAID Montefino Ave. CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Agreement - Authorized City Manager to execute Letter Interim Planning of Agreement with Irwin M. Kaplan, Interim Director Planning Director. Acceptance of Approved four change orders, accepted Median Island work performed by Valley Crest Landscape, Landscape Inc., and directed City Clerk to file the Improvements/ proper Notice of Completion. Approval of Change Orders Commercial CM/Van Nort advised that he would speak with Vehicle Temporary with Mr. Red Calkins regarding the proposed Inspection Stn. Commercial Vehicle Temporary Inspection Station in the City. Mountains, C/Kim expressed concern regarding the recommend - Recreation & ation by the Parks and Recreation Commission Conservation not to support this Initiative. He further stated Authority that he would like to see Diamond Bar Parks as Initiative well as the "Nature Trail" from Summit Ridge Park to Peterson Park included in the bond issue. In addition, the Council should take a broader look at the initiative, and therefore, take no position one way or the other. MPT/Forbing requested that the Council oppose the Initiative. He stated that although the City would receive per capita funds of approximately $800,000 to $1.2 million, the City's share of the debt service would be $5.4 million. This would result in a net cost to the City of $4.25 million which would then be added to the tax bills of each resident for repayment. Following discussion, M/Werner moved, C/Horcher seconded to table the item indefinitely. With a 4 to 1 vote, (MPT/Forbing voting no) the motion carried. Computer Bids Asst. CM/Belanger advised that staff had met with computer experts in the community; however, the last expert was not able to meet until last Friday morning. He recommended that the matter be con- tinued for two weeks to allow staff to re -draft the proposal based on a smaller scale network JULY 31, 1990 PAGE 4 environment than originally envisioned. This will allow staff an opportunity to evaluate the system before proposing a network for all computers. Street Sweeping On the advice of the City Attorney, C/Horcher Services excused himself from participation in the following discussion due to a conflict of interest. Asst. CM/Belanger recommended that the con- tract be awarded to Community Disposal for street sweeping services in the amount of $70,000 for.bi-weekly service or $140,000 for weekly service. He further reported on two different types of sweeping systems: The Mobil system and the air -vac (Tymco) system and recommended that an integrated system be used. C/Papen requested that a stipulation added to the contract requiring that a "Recording Hour" meter be used so that the City cah monitor the service. She also requested that a monthly list of complaints be given in order to monitor the contract. Mr. Frank Dursa, 2533 Harmony Hill, stated that the current contractor, California Street Sweeping uses approximately 3,000 gallons of water each week. He suggested that since California Street Sweeping has been servicing the City for the past 8 years, Council should continue to contract with them. Mr. Jerry Costello, representing California Street Sweeping, spoke regarding his firm and the proposal. Dennis Chiapetta, Community Disposal, also spoke regarding his firm's proposal and qualifications. Mr. Mike Lowe, 1124 "D" Cleghorn, Diamond Bar spoke in favor of retaining California Street Sweeping. Mr. Ara Arakelian, Community Disposal, advised that whatever type of sweeper the City wants, his company will provide it. JULY 31, 1990 PAGE 5 C/Papen moved, C/Kim seconded to direct staff to negotiate a contract with Community Disposal for weekly street sweeping services. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, MPT/Forbing and Mayor Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher PRESENTATIONS: Traffic & Dr. Alba Moesser was sworn in as a member of the Transportation Traffic and Transportation Committee by C/Horcher. Committee Member Ranch Festival CM/Van Nort reported on the request by the Ranch Festival Assn. for funds not to exceed $15,000.00 for rental of a stage and sound system for this year's festivities. He recommended that Council consider this a fundraising activity by a non- profit organization for the City and community groups. In addition, Council could direct staff to meet with the Committee to authorize "seed" money for the festivities but that the money would be predicated on the distribution returned to the City with the understanding that it would go to the Parks and Recreation Commission to benefit City programs. Mr. Steven Webb, President of the Ranch Festival Assn., discussed the reasoning behind the request. C/Papen asked why the request did not go to the Parks and Recreation Commission for their review and recommendation. She recommended referring the request back to staff to assist in securing the items required at a lesser cost. Following discussion, Council directed staff to assist in securing the necessary equipment from another city at a lesser cost and to report back to Council on August 21st regarding their progress. RECESS: M/Werner recessed the meeting at 7:45 p.m RECONVENE: M/Werner reconvened the meeting at 7:58 p.m. City Truck Mr. Charles Janiel, Parks and Maintenance Bid Award Director, advised that the Council directed that staff re -bid for the two trucks and that the City again received only one bid --from Enterprise Chevrolet in the amount of $25,172.40. JULY 31, 1990 PAGE 6 Following discussion, MPT/Forbing moved, C/Kim seconded to award the bid to Enterprise Chevrolet for the purchase of two (2) trucks in the amount of $25,172.40. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Ordinance No. 8 CA/Arczynski presented Ordinance No. 8 (1990) (1990) for second reading and adoption by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 26 (BUILDING CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING CODE", 1988 EDITION," THE "UNIFORM PLUMBING CODE, 1988 EDITION" AND THE "UNIFORM MECHANICAL CODE, 1988 EDITION" INCLUDING ALL APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, INCLUDING FEES AND PENALTIES. C/Kim moved, C/Papen seconded to adopt Ordinance No. 8 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None CLOSED SESSION: M/Werner recessed the meeting to closed session at 8:02 p.m. RECONVENE: M/Werner reconvened the meeting at 8:40 p.m. All Councilmembers were present. Planning Services Asst. CM/Belanger advised that since the Planning Services contract with Pacesetter will expire on July 31, 1990, staff had requested proposals from other firms. After thoroughly analyzing the proposals received, it was staff's recommendation that a job classification and staffing chart for the retention of an Associate Planner, a Planning Technician and a Planning Consultant be prepared for Council's review and approval at a future meeting. JULY 31, 1990 PAGE 7 Following discussion, MPT/Forbing moved, C/Papen seconded to approve the positions of Associate Planner, Planning Technician and Planning Consultant for the Fiscal Year 1990-91 Budget effective August 1, 1990. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Solid Waste M/Werner announced that both C/Horcher and Franchise MPT/Forbing were excused from participation on this issue due to conflicts of interest. M/Werner advised that staff had been directed to prepare a supplemental analysis to allow Council the opportunity to compare the various proposals received. Mr. Michael Silva, with CR&R and Duran & Sons, complained about the manner in which the City is comparing the proposals. Mr. Red Calkins, 240 Eagle Nest Dr., stated that he would like the freedom of choice to decide which trash hauler he uses. Mr. Frank Dursa, 2533 Harmony Hill Dr., reminded Council that Mr. Al Rumpilla had presented a petition at the July 17, 1990 meeting with 360 signatures and requested that the Council take that into consideration. M/Werner moved that the City approve a "non- exclusive" franchise that would meet all obligations under AB 939 for a period of three (3) years. Motion died for lack of second. C/Kim moved, M/Werner seconded to table the matter indefinitely and to set a public hearing to receive public input. Following discussion, by a vote of 2 to 1 (C/Papen voting no), motion carried. Mr. Al Rumpilla, 23958 Golden Springs , stated that the petition indicates the people in the community do not want an exclusive franchise. Mr. Dave Cope, spoke in opposition to a franchise. JULY 31, 1990 PAGE 8 Mr. Ara Arakalian, 1636 Derringer, stated that Community Disposal would be willing to send out a questionnaire to the community asking for their input. Mr. Bill George, 378 N. Prospectors, spoke in favor of a franchise. Dr. Dan Buffington, 2605 Indian Creek, asked why another public hearing is needed to determine a franchise. Mr. Michael Lowe, 2215 An Arbor, also spoke in opposition. Staff was directed to set a hearing for August 14, 1990. ANNOUNCEMENTS: C/Papen requested that staff schedule a discussion regarding Site "D" at the next meeting to determine policy direction on how the Recreation Subcommittee should proceed with the W.V.U.S.D. C/Kim stated that he had received information from the California Department of Justice, Bureau of Criminal Statistics indicating that a survey of 158 cities had been taken regarding crime rates per population and that the City of Diamond Bar was ranked as the 2nd "safest city". C/ Kim further stated his disappointment in the HOV lane loss and asked the City Manager to update the Council at the next meeting on this matter. M/Werner also spoke on his disappointment regarding the HOV lane. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 9:55 p.m. ATTEST: Mayor Lynda Burgess, City Clerk MINUTES OF JOINT MEETING WALNUT VALLEY WATER DISTRICT AND DIAMOND BAR CITY COUNCIL AUGUST 6, 1990 CALL TO ORDER: Mayor Werner called the meeting to order at 6:00 P.M. at the Days Hotel, 21725 E. Gateway Drive. ROLL CALL: Councilmembers Papen, Kim, Horcher, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort; City Clerk Lynda Burgess; Edmund Biederman, General Manager, Walnut Valley Water District; the Board of Directors of the Walnut Valley Water District; Bill Everest, Boyle Engineering; David Snyder, County Sanitation Districts; David Perez, City of Industry Disposal Company and Jo Ann Angelico, Secretary to the Board of Directors. OLD BUSINESS: M/Werner opened the meeting with a synopsis of the events that have taken place regarding the water reuse feasibility for the City of Diamond Bar. Mr. Bill Everest of Boyle Engineering gave a brief presentation regarding the water reuse feasibility study prepared by his firm and indicated the systems necessary in order for the City to use reclaimed water. Discussion ensued regarding the costs that the City would have to bear for use of the County,s reclamation plant. General Manager Edmund Biederman suggested that a letter be sent to the City of Industry regarding the possible use of reclaimed water from their facility. RECESS: At approximately 7:30 p.m., M/Werner recessed the meeting for dinner. RECONVENE: M/Werner reconvened the meeting at 8:20 p.m. CLOSED SESSION: There being no further business, M/Werner recessed the Meeting to Closed Session for discussion of Personnel Matters. ADJOURNMENT: M/Werner reconvened Regular Session at 8:40 p declared that there was no reportable action taken and adjourned the meeting 8:30 at p.m. LYNDA BURGESS ATTEST: City Clerk Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 7, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.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 Werner. ROLL CALL: Councilmembers Papen, Kim, Horcher, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V..Arczynski, Assistant City Manager Terrence L. Belanger and City Clerk Lynda Burgess. COUNCIL COMMENTS: MPT/Forbing read a statement rebutting a letter sent by C/Papen to approximately 200 residents regarding Council progress on various issues. M/Werner advised that he and C/Kim, CM/Van Nort, and ACM/Belanger met with representatives of CalTrans and LACTC and had received a written commitment acknowledging that the priority for the HOV lane on the 57 and 60 freeways was placed on a lower level than before, but that the reason was due to a technical design problem they had encountered with the right -of -Way and freeway facilities. He further stated that Mr. Jerry Baxter with CalTrans had indicated that they would be initiating design studies and expect the plans completed by Spring of 1991. The priority listing on this project would be placed back in proper priority in the 1992 Stip. PUBLIC COMMENTS: Ms. Beverly D'Errico, 23631 Prospect Valley, spoke on behalf of a "grass roots" hunger lobby. She stated that on September 29-30, 1990 at the United Nations in New York, a Summit for Kids will be held to address issues of social, economic and Political importance. A Candlelight Vigil is being planned and the Council's support was requested. Ms. Sonya Larson invited the Council to participate in a media event on August 17, 1990 at approximately 9:00 a.m. at Northminister Presbyterian Church. She gave Council information regarding this issue. Deputy Larry Luter and M/Werner introduced Capt. Lee McCowen, replacement for Capt. Thomas Vetter at the Walnut Sheriff Station. Ms. Ada Gutowski spoke regarding property at 1833 Ano Nuevo which is now under construction. Due to the layout and instability of the land, AUGUST 7, 1990 PAGE 2 property owners in the area are concerned with safety of the project. She further advised that they had unsatisfactorily discussed the matter with other organiz- ations. She distributed photos of the prop- erty and requested that the City monitor the project closely. She requested a written response to the following: 1) why construc- tion should not be stopped; 2) determine the City's decision to authorize a grading permit and why a permit was even issued; 3) deter- mine the City's decision to authorize con- struction at 1833 Ano Nuevo and 4) why citations were not issued to the builder/ owner since they were grading for one week without a permit. She also requested that a soils analysis be completed and a written statement that the soil is safe to build on. CONSENT CALENDAR: C/Kim moved, C/Papen seconded to approve the Consent Calendar with removal of Item No. 6. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Schedule Future A. Parks and Recreation Commission Study Session - August 9, 1990 - 6:30 P.M., City Hall B. Planning Commission - August 13, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. C. Special Meeting - Solid Waste - August 14, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. D. City Council Regular Meeting - August 21, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. E. Area "D" Civil Defense - August 22, 1990 - 7:30 p.m., Walnut Sheriff's Station Assembly Room F. Planning Commission - August 27, 1990 - 6:30 p.m. - W.V.U.S.D. Board Room G. Traffic and Transportation Committee - August 23, 1990 - 6:30 p.m. - Community Room, 1061 Grand Ave. H. Congressman David Dreier Office Hours - September 12, 1990 - 9:00 a.m. to 12:00 P.m. - City Hall AUGUST 7, 1990 PAGE 3 I. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, tentative location: Ramada Inn - time to be announced. J. Strategic Planning Workshop - Tentatively scheduled for September 27, 1990 - 3:00 p.m. - Ramada Inn Warrant Register Approved Warrant Register dated August 7, 1990 in the amount of $691,645.72. Bond Exoneration Approved work completed, exonerated Surety Bond No. U762619 No. U762619 and directed City Clerk to send Tract 45345 Council action to principals involved. Surety Bond Approved work completed, reduced the surety bond Reduction by $260,000 and directed City Clerk to send Tract 45345 send Council action to principals involved. Resolution 90-70 Adopted Resolution No. 90 - 70 entitled: A Position & Range RESOLUTION OF THE CITY COUNCIL OF THE CITY of Account OF DIAMOND BAR ESTABLISHING THE POSITION AND Clerk I RANGE OF ACCOUNT CLERK I (PART TIME). Proposed CM/Van Nort stated that a member of the Traffic Resolution and Transportation Committee requested a study Compensation - regarding Commissioners/Committee members Commission/ compensation for attendance at meetings, etc. Committee Mr. Don Gravdahl, Traffic and Transportation Committee Member, advised that he was opposed to any compensation for Commissioners/Committee Members. He suggested that a possible solution would be to give each member the option of receiving compensation or signing a "waiver" of compensation for their service. Following discussion, M/Werner moved, C/Horcher seconded to continue the matter for two weeks in order for staff to poll all Commissions for their opinion. With a vote of 4 to 1 (C/Papen voting No), the motion carried. SPECIAL PRESENTATIONS: Certificate of M/Werner announced that a Certificate of Appreciation Appreciation would be presented to Norma Eustaquio for her service on the Traffic and Transportation Committee. Proclamation- M/Werner proclaimed the month of August, August, 1990 1990 as "Flashlight and Extra Batteries" Flashlight & Extra Month in the City of Diamond Bar. Batteries Month AUGUST 7, 1990 PAGE 4 Proclamation - M/Werner proclaimed Tuesday, August 7, 1990 August 7, 1990 as "National Night Out" in the City of "National Diamond Bar. Night Out" Proclamation - W/Werner proclaimed the month of October, October, 1990 1990 as Energy Awareness Month in the "Energy Awareness City of Diamond Bar. Month" Jones Intercable - M/Werner introduced Janet Spatz, General Televising of Manager of Jones Intercable, who made a Council Meetings presentation regarding televising of City Council meetings. She proposed televising on a "live to tape" basis, meaning that it would be unedited with the tape aired the following evening at 7:00 p.m. They would arrive at 6:00 p.m. and remain a minimum of three hours. She also announced that the Council could have a program on a monthly basis, if desired. Following discussion, C/Horcher moved, C/Kim seconded to allow Jones Intercable to tape all Council meetings (with advanced notice) beginning August 21, 1990. Motion carried unanimously. (It was later agreed that, in order to have a full contingent of Council Members present at the first taping, it would be necessary to change the beginning date to September 4, 1990. Circulation It was announced that Mr. Rebeiro was out of Element town and unable attend the meeting. CM/Van Nort indicated that both Orange and San Bernardino Counties will be constructing HOV lanes into L.A. County on the 57 and 60 freeways and LACTC and CalTrans were to con- struct an HOV lane through to the 57/60 interchange. Due to improvements needed to the interchange in order to accommodate the HOV lane, this lane was lowered on the priority list. He further stated that due to Council efforts, a letter was received committing both LACTC and Cal Trans to prepare the design and methodology to improve the 57/60 interchange and place it in the 1992 Stip. He then recommended that the Mayor be authorized to send a letter to the California Transportation Commission agreeing to their proposal and directing one or two staff members to attend the meeting to make a AUGUST 7, 1990 PAGE 5 presentation. In addition, direct staff and certain Council Members to contact neighboring communities to obtain their support. Following discussion, M/Werner recommended that a copy of the letter be sent to Senator Hill, Congressman Dreier, Assemblyman -elect and all LACTC Commissioners. C/Papen moved for approval to attend the August 14th LACTC meeting and request reinstatement to position 46. Motion died for lack of a second. C/Horcher moved for approval to attend the meeting and express Council's wishes. Following discus- sion, C/Horcher withdrew his motion. C/Kim moved, MPT/Forbing seconded to authorize the Mayor to sign the letter with copies as requested. Mr. Dave Cope, 316 N. Del Sol Ln., suggested that Council might want to look into "reverse traffic lanes." Dr. Dan Buffington, 2606 Indian Creek, stated that he believed the reason the 57/60 HOV lane was bumped was due to politics and not from lack of funding. He suggested the Council meet with neighboring cities to gain support for funding, Mr. Michael Lowe, 1124 "D" Cleghorn, spoke against taking the word of LACTC regarding their proposal. Following further discussion, the motion was amended to authorize the Mayor to sign the letter, send copies to the State Senator and Assemblyman - elect as well as to neighboring cities. With a vote of 4 to 1 (C/Papen voting No), the motion carried. Bid Award Mr. Bob Morganstern, City Engineer's Department, Traffic Signal advised that on August 6, 1990, bids were opened Construction - for construction of a traffic signal at Montefino Grand Ave. at and Grand Ave. There were a total of 8 bids, Montefino ranging from $78,890 to $102,984. The Engineer's estimate was $85,000. He stated that the low bidder has indicated that he can expedite the contract, depending on delivery of some materials. He recommended that Council award the contract to Raymor Electric. MPT/Forbing moved, C/Horcher seconded to award the bid to Raymor Electric in the amount of $78,890. With the following Roll Call vote, the motion carried: AUGUST 7, 1990 PAGE 6 AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Kim, Horcher, Papen, MPT/Forbing and M/Werner None None C/Papen expressed concern that no construc- tion has commenced on any intersections and asked about authorization for traffic control officers in the event construction is not complete by Sept. 1st. Mr. Ron Kranzer, City Engineer, advised that the intersections of Longview and Summitridge are presently under construction and that a pre -construction meeting for the project on Grand and Diamond Bar Blvd., was held August 7th and that the contractor is aware that the hope is to have the project on line Sept. 1st. He is willing to go work overtime to complete the project, if necessary, and the estimated cost for said overtime will be available in the next day or so. CM/Van Nort suggested that staff be directed to request the Sheriff's Department to assign an officer to the City in the event the signal has not been completed by Sept. 4th. Deputy Larry Luter addressed the issue of Grand Ave. and suggested the possibility of an additional overtime traffic car for Grand Ave. Further, monitor the speed on Grand for a few days to make sure drivers stay within the limit. Following discussion, the Sheriff's Department was asked to make a presentation at the August 21st meeting regarding alternatives to possible traffic problems on Grand in September. LAFCO Sphere of Mr. Irwin Kaplan, Interim Planning Director, Influence advised that there will be a suggested modif- ication of the original plan which will cut 277 acres in the southwest portion as well as property on the western boundary at the Brea Canyon Cut -Off and North of Belen Rd. The presentation will be made before LAFCO tomorrow. He distributed copies of a work map showing the proposed boundaries. C/Papen suggested that "Bill Blevins Park" be excluded since he was a long time resident of Rowland Heights. AUGUST 7, 1990 PAGE 7 MPT/Forbing suggested that the boundary line run on the Zip Code line (Brea Canyon Cut -Off and Belen Road, then due south, west of the two tracks indicated, continuing south of Pepperdale Dr. and west through the open area). This would delete the two tracts including the park and hopefully eliminate conflict. With consensus of Council, staff was directed to make the presentation to LAFCO with the changes suggested on the map. Site "D" CM/Van Nort advised that the Council had W.V.U.S.D. appointed a liaison committee to meet with the Policy Draft Walnut Valley Unified School District during which a difference of opinion has existed regarding the City's position over Site "D". He recommended that the Mayor write to the President of the Board requesting a meeting between the two liaison members of the Council and the two elected officials of the W.V.U.S.D. to discuss this and other problems without staff being included. C/Papen moved, MPT/Forbing seconded to approve proceeding with the proposal to obtain the Site "D" property. C/Kim asked how much the land was and how the City would finance the purchase. MPT/Forbing suggested that in lieu of proceeding with a proposal to obtain the property, that they work with the two School Board members to deter- mine whether a future use can be worked out that won't involve construction of homes. The Council liaisons should then report on the attitude of the School Board. M/Werner moved, C/Horcher seconded to amend the motion to adopt a land use policy that all publicly -owned properties carry an open space designation. Mr. Michael Lowe, 1224 "D" Cleghorn, stated that MPT/Forbing may have a conflict of interest on this issue based on the fact that he was on the School Board at the time of their decision. M/Werner asked the City Attorney for a determin- ation as to whether MPT/Forbing would have a conflict of interest. CA/Arczynski stated that there was no conflict of interest. AUGUST 7, 1990 PAGE 8 M/Werner called for a vote on the amendment to the motion to adopt a land use policy. With the consensus of the Council (4 to 1, MPT/Forbing voting No), the motion carried. M/Werner then called for a vote on the motion to direct staff to investigate the feasibil- ity of acquiring the Site "D" property and send a letter of intent to the School District. Following further discussion, with consensus of the Council (4 to 1, MPT/Forbing voting No), the motion carried. Use of Recyclable CE/Ronald Kranzer gave a presentation on the Materials for use of recyclable materials for roadway Roadway Maint. maintenance and indicated that the most successful program involves the use of recycled tires. C/Papen stated that she became aware of this process when she was traveling back east. She indicated that it also seems to cut down on noise. With consensus of Council, staff was directed to include wording in bid packages requesting bids for both recyclable and non -recyclable materials for roadway maintenance. ANNOUNCEMENTS: MPT/Forbing recommended that staff look into having block numbers added to bus shelters and benches so that drivers will know which way the numbers are going. M/Werner announced that the next publication of the City newsletter will be sent to residents in the near future. CLOSED SESSION: With no further business, M/Werner recessed to Closed Session at 8:50 p.m. for discussion of Litigation and Personnel Matters. ADJOURNMENT: M/Werner reconvened Regular Session at 9:20 P.m., declared that there was no reportable action taken and adjourned the meeting at 9:20 p.m. ATTEST: LYNDA BURGESS City Clerk Mayor MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR AUGUST 14, 1990 CALL TO ORDER: Mayor Werner called the meeting to order at 6:04 p.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 Werner. ROLL CALL: Councilmembers Papen, Kim, Horcher, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, Deputy City Attorney William P. Curley, III and Deputy City Clerk Tommye A. Nice. COUNCIL COMMENTS: M/Werner stated that C/Horcher, C/Papen, CM/Van Nort and he had attended the California Transportation Commission meeting this morning and received a written commitment from LACTC to recommend that the Commission initiate design work for the 57/60 interchange to enable development of a HOV lane through Diamond Bar. PUBLIC COMMENTS: Ms. Carol Braley, 106 N. Rock River Dr., reported that the fence on Prospectors Road belonging to the Ramada Inn is broken again and in terrible condition and that the parkway is not being maintained. Mr. Warren Sizemore, 22743 White Fir Ln., inquired into the reasons why "yard sale" signs are being taken down on weekends. Mr. Mike Rodriguez, 245 Cottonwood Cove, suggested that a stop sign be installed on the corner of Cottonwood Cove and Palo Cedro due to excessive speeds in this area. Mrs. Sunny Martindale, 1333 Rapidview Dr., stated that the W.V.U.S.D. has indicated that the City must hire a crossing guard if one is deemed necessary for the corner of Colima and Lemon. CM/Van Nort stated that her concern would be directed to the Traffic and Transportation Committee for their review. CONSENT CALENDAR: CM/Van Nort announced that the only item on the Consent Calendar was for information only, specifically, the Calendar of Events. He further stated that the Traffic and Transportation Committee would be meeting at the W.V.U.S.D. Board Room at 6:00 p.m. on August 23, 1990. Schedule Future A. City Council Regular Meeting - August Meetings 21, 1990 - 6:00 p.m., W.V.U.S.D., 880 S. Lemon Ave. 1, AUGUST 14, 1990 PAGE 2 B. Area "D" Civil Defense - August 22, 1990 - 7:30 p.m., Walnut Sheriff's Station Assembly Room. C. Traffic and Transportation Committee - August 23, 1990 - 6:00 p.m., W.V.U.S.D. Board Room D. Planning Commission - August 27, 1990 - 6:30 p.m., W.V.U.S.D. Board Room E. Congressman David Dreier Office Hours - September 12, 1990 - 9:00 a.m. to 12:00 p.m. - City Hall F. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, location: Ramada Inn, time to be announced. G. Strategic Planning Workshop - Scheduled for September 27, 1990 - 3:00 p.m. - Ramada Inn. HEARING: At 6:17 p.m., M/Werner excused C/Horcher and MPT/Forbing from participation in discussions regarding this matter due to conflicts of interest. Mr. Bill George, L.A. County Sanitation Districts, stated that AB 939 requires Cities to have plans drawn up that prove that they will be able to divert 25% of their solid waste by 1995 and 50% by the year 2000. He further stated that Cities must do a "waste characterization" study showing what is in the solid waste. Cities must determine what they have and how much is being thrown away; how much and what is being recycled and add those amounts together to determine the 25% diversion rate. 5 key things required by the Legislation include: source reduction, recycling, composting, how to handle special waste (sewage sludge, asbestos shingles, etc.) and household hazardous waste. After these determinations have been made, there are 3 other things needed to be determined: how to pay (funding mechanisms), where the waste will go for the next 15 years and how to get the public involved. He further stated that he had been in Sacramento and that the Bill is still being modified. He indicated that a plan must be approved by the Council with environmental documentation by 1991 and that a draft plan should be prepared by March 1, 1991 to meet requirements by July 1, 1991. If the plan is not prepared, two penalties can be levied on the City including an administrative fine of $10,000. If plans AUGUST 14, 1990 PAGE 3 have not been approved by the Council toward implementation, the City cannot move the waste outside City limits. M/Werner asked what benefit would be derived by using one firm as opposed to several. Mr. George replied that it is not required by AB939, but using one hauler is beneficial in order to monitor the recycling program. M/Werner then asked if there was any reason why the -City could not impose on the haulers the responsibility of ensuring that the City is in compliance with AB939. Mr. George explained that the way in which the City will be implementing the program must be in place by July 1, 1991. The plan must be updated between 12 and 18 months after July 1. The City's plan must be submitted to the L.A. County Public Works Department as part of the County's plan for submittal to the State by a certain date. M/Werner opened the Hearing for public comment. Mr. Alan Milner, Box 11217, Santa Rosa, stated that he was a consultant to Western Waste and would be willing to field questions regarding AB 939 and the firm he is representing. Mr. Ray Anderson, Webster's Disposal, 13940 E. Live Oak, Baldwin Park, brought in a survey conducted by his firm. He pointed out that they had received 1,855 cards out of 91,000 question- naires sent and that it concluded that each resident wanted to have a choice in which waste hauler they used, that they did not want a franchise fee, that they would be willing to participate in a recycling program, that they would be willing to separate green waste, and that they were satisfied with the waste hauler they are currently using. He suggested that the Council look at the RFP process and make it more fair. C/Papen asked if Webster's Disposal would be willing, if the City did not go with an exclusive franchise, to charge the community the same amount that was indicated in their proposal. Mr. Anderson stated that they would be willing to look into that prospect. AUGUST 14, 1990 PAGE 4 Mr. Robert Philibosian, 725 S. Figueroa St., Los Angeles, Counsel for Western Waste Ind., spoke in favor of an exclusive franchise due to the need to keep the City in compliance with AB 939. Mrs. O.G. Wycoff, 414 N. Del Sol Ln., stated that she has used Webster's Disposal for many years and is very happy with the service they provide. She further stated that she would be willing to pay more for their service and would like to see them stay in Diamond Bar. Mrs. Evelyn and Mr. Philip Kuida, 22635 Dry Creek Rd., spoke in favor of freedom of choice. Ms. Mae Benson, 24023 Willow Creek Rd., stated that she has used Webster's Disposal for many years and is happy with their service. She further stated that she would like to see the residents of the community able to vote on the hauler of their choice, but would be willing to have one hauler in the community. Mrs. Sunny Martindale, 1333 Rapidview Dr., stated that she likes the hauler she has, and does -not like to see more than one truck in her neighborhood. She expressed concern over the conflict of interest that 4 out of 5 Councilmembers may have. She further stated that due to the anti-trust suits that have been brought against both Western Waste and Athens Disposal, they should be excluded from bidding on the franchise. The remaining haulers should bid on specifics laid out by the Council and an impartial committee, knowledgeable on these matters, should be selected to make a determination. Mr. Frank Dursa, 2533 Harmony Hill Dr., stated that at one of the Council's last meetings, they had been presented with a petition with 360 signatures opposing an exclusive franchise fee and desiring the freedom to pick the hauler of their choice. He suggested that Council start looking at what the residents of Diamond Bar want. AUGUST 14, 1990 PAGE 5 Mr. Al Rumpilla, 23958 Golden Springs, commented on both AB 939 and the report that had been prepared by staff. He felt that there is no real hurry in implementing an exclusive franchise at this time. He stated that the State may fine a City, but before they do, a Public Hearing would be held. He further stated that at this time, the Board overseeing AB 939 is still being put together and that in September there is going to be a complete revision of the Bill. Mr. David Cope, 316 S. Del Sol Ln., spoke in favor of Webster's Disposal. He stated that he would like to see the Council keep a free market in trash hauling, which he believes will keep companies in tune to the needs of the City. Mr. Red Calkins, 240 Eagle Nest Dr., stated that 3,000 homes in the City are recycling and that Webster's Disposal is picking them up which will be included in the total amount that the State will look at. He further stated that he would like the freedom to decide who he uses. Mr. Joe McManus, 23561 Coyote Springs Dr., stated that all the companies that have submitted RFP's have been sued. He further stated that he did not want a lot of trucks running around the City picking up waste. He read a letter he had written to C/Kim which was published by the Highlander and the Windmill. Mr. Gene Jarvis, 1299 Diamond Bar Blvd., spoke on the article that Mr. McManus had written. Mr. Joe Kowalski, 1475 Deerfoot, suggested that the Council study the process a little more. He is opposed to an exclusive franchise. Mr. Saul Altadonna, 770 S. Lincoln, is opposed to a solid waste franchise. Ms. Lorna Houck, 212 Alvado Rd., felt that the City should strive to be an example for other cities, as in the recycling program and pointed out that Webster's Disposal has been handling the recycling program in North Diamond Bar. Ms. Joann Monthener, 1038 Summitridge Rd., asked Mr. George questions regarding AB 939. Mr. Michael Lowe, 1124 "D" Cleghorn, spoke in favor of franchising, asked Council to take a look at the long term effects, and do what is best for the community. AUGUST 14, 1990 RECESS: RECONVENE: PAGE 6 Ms. Diane Grosse, 2356 Canyon Park, an employee of Webster's Disposal, suggested that the Council re-evaluate the process and get a vote of the people. Mr. Bob Martindale, 1333 Rapidview Dr., suggested that Council seek help from an expert on the solid waste issue. Mr. Robert Philibosian, spoke regarding the Anti -Trust case against Western Waste. Ms. Helen Helke, 244 Palo Cedro, agreed with the concept of freedom of choice and that she has been recycling for years. M/Werner recessed the meeting at 8:05 p.m. M/Werner reconvened the meeting at 8:20 p.m. Mr. Bill George, 378 N. Prospectors Rd., stated that he was in favor of an exclusive franchise and felt that no matter who the City chooses, it will receive good service. Mr. Alan Milner, consultant for Western Waste, stated that he has been working with 20 cities on the issue of AB 939 and the development of their integrated waste management plan. He indicated that AB 939 is serious business and that plans must be in place by July 1, 1991. In order for the plans to be in place, they must be given to the County for adoption by that date. He urged the Council to look at the Legislation regarding the City's obligations. M/Werner asked Mr. Milner what the cost would be for hiring a consultant. Mr. Milner stated that the rule of thumb is $20,000 to $40,000 for a waste composition study and $40,000 to $60,000 to put together the plan. With no further testimony being offered, M/Werner closed the Hearing. M/Werner moved to table the proposal process and allow businesses for a time specific (1992) to continue doing business in the City pursuant to a regulatory license ordinance. I }. AUGUST 14, 1990 PAGE 7 Motion died for lack of a second. C/Kim moved, M/Werner seconded to postpone the solid waste issue for 90 days. M/Werner moved to amend C/Kim's motion to direct staff to solicit proposals from a consultant (Resource Reduction Recycling Element Consultant) for the purpose of initiating the process of preparing the plan. C/Kim seconded the amendment. CM/Van Nort stated that at the next Council meeting a proposal to join the East San Gabriel Valley Cities Consortium would be before them which has been organized to help cities prepare their plans. C/Papen suggested that the Council move forward, meet in two weeks, pick one firm of the two selected, have staff meet with them and see if an exclusive franchise could be negotiated. If the results are not satisfactory with Council, then reject the process and pick another firm to meet with. With a vote of 2 to 1 (C/Papen voting No), the motion carried. C/Papen asked staff to send letters to the waste haulers rescinding the 5 year "window of oppor- tunity" for 90 days. ANNOUNCEMENTS: C/Papen stated that she appreciated everyone's patience and respect during the meeting. C/Kim stated that this was another part of the democratic process and was pleased to be involved. M/Werner thanked the audience for their orderly presentations. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 9:00 p.m. ATTEST: Mayor TOMMYE A. NICE Deputy City Clerk I N T E R O F F I C E M E M O R A N D U M TO: Councilmembers Papen and Horcher FROM: Linda G. Magnuson Senior Accountant SUBJECT: Voucher Register, August 21, 1990 DATE: August 16, 1990 Attached is the Voucher Register dated August 21, 1990. As requested, the Finance Department is submitting the voucher register for the Finance committee's review and approval prior to it's entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated August 21, 1990 have been audited, approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Av. Const Fd 226 Chino Hills Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Mag uson Senior Accountant AMOUNT 108,517.38 66,948.64 8,416.17 4,721.47 13,057.06 907.50 $202,568.22 Phyl is E. Papen Councilmember t Robert L. Van Nort Pauli Horcher City Manager ; Councilmember I N T E R O F F I C E M E M O R A N D U M TO: Councilmembers Papen and Horcher FROM: Linda G. Magnuson, Senior Accountant SUBJECT: Voucher Register, September 4, 1990 DATE: August 30, 1990 Attached is the Voucher Register dated September 4, 1990. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to it's entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated September 4, 1990 have been audited, approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. 'FUND DESCRIPTION 001 General Fund 121 Park Grant Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD 441 Fund 225 Grand Av. Const Fd 226 Chino Hills Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Magr�Uson Senior Accountant AMOUNT 3,783,928.98 1,887.86 177.13 1,876.27 371.61 203,944.69 2,072.00 $3,994,258.54 Phyllis E. Papen -� Councilmember Robert L. Van Nort Paul V. Horcher City Manager Councilmember I N T E R O F F I C E M E M O R A N D U M TO: Robert L. Van Nort, City Manager 1-0 FROM: Linda G. Magnuson" enior Accountant SUBJECT: Voucher Register, September 4, 1990 DATE: September 4, 1990 Pursuant to a conversation with the Assistant City Manager on this date, it has been decided that the bills payable to Laidlaw Transportation should be removed from the warrant register dated September 4, 1990 and be returned to Walnut Valley School District. From this time on, all bills for excursion costs for the Walnut Valley Parks & Recreation Program will be paid by Walnut Valley and reimbursed by the City of Diamond Bar. The amount the Voucher Register is to be reduced by is $1,979.42, thus revising the total to $3,992,279.12. Attached is the corrected Voucher Register and approval form for signature. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated September 4, 1990 have been audited, approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund 3,781,949•.56 121 Park Grant Fund 1,887.86 138 LLAD #38 Fund 177.13 139 LLAD #39 Fund 1,876.27 141 LLAD #41 Fund 371.61 225 Grand Av. Const Fd 203,944.69 226 Chino Hills Const Fd 2.072.00 TOTAL ALL FUNDS $3,992,279.12 APPROVED BY: Linda G. M ghuson Phyllis E. Papen Senior Accountant Councilmember I Robert L. Van Nort Paul V. Horcher City Manager Councilmember . �f3� Cit v of I}ir;gond >"�a RIMTINF: M26e9/a'02 V0tJr4£N SFGTSfFPar A nn [}UI TMftd.............ih: S 192 VENDOR NAME ACCIQ11tf PR.1_IhWO. FURUDU II;V1Il'•t HomyPTItIN A"Jum DUE GhfCK Ar,fiersan A Ande-rgon R,�dsr<.t,riBA i00J-4P,•955342 J 109a4A f00i-k;S10-2210 J 109RA P� uu�:a, Glan};d ilto•na_,r}t B:;,ta.hn flop 489sq3st 1 Js,: NA ralifornia Tru -,f Ca. 13ir f20S-1�a1� S 1£97!.0 .331-12223 1 27.VO RQU917HI 1084D {-•1•St:r3n Tm:. {'d5ti.3f} }20J-4071 11 E8 1 10914A Nhy Trr45hm �S!}1.•!}541-2?1.4 ,{ 12^3:;A lt'tt f5!;5 4i'}5-7.11.0 1. 1S"v!,A k231-!}:319-2712 5 t0 ia';!t Won `mil f00i-46J?7-?27!3 ; IMA f201 -1030--2310 1 1;90'tA 1021 4312.131P1 1 54;0!!A H/32 PW W8 Au=.Ioul printa.nc{ 3.I4,b.96 TOTIL 08/30 09/04 3 'l•7h,� a Heys for vain; wkr T2, 5 Gi'i;•. ;" 2`WS: N'c!}4It r' 2. �'t�1,^•,r &!iii fc� , •;I s + '- S:is`<:ft:r,!1':t.:�k,i4:i1,., itlii% lit{f VE'{f}L!-._______ .',. 08/d:3 two r52mmm } :,t Pavat: e I}lYri' 1 ^ 1]:�+3�;i.`: nn f, i'ilt'il9% 99';99'19999 OU30 S!. "{ ./'f/ )6HAt , to r.2?].3y.,• iit of Trd+t h :3.x?7.74'1A.42 :. 4;91 �� 3 9n: r: OAMI 09004 ?9:'9i.2.}A1 Int."It ,,.,. + :,1.83 k,, F. ;194 @Wane 10TAI. ;JrUAID AMO:; 11, Ouse 491.}! J bs;D uh Off, TUIR DI;F Wil;)Im - - ..... 91.13 38133 }rbl1 e- Irrir�atinn e.: 7,S/25 e9/34 ?31395 Tf iCdtlUil !,cPY 91.15 !?8/3c 03,/0rc 1;87?c,A Irrirat;ole r5nck 1.!!h.22 HM FIVE '.'n• t9 94.11 ?c.7.71 08/34 09/0': Auto ruCM r 129.hF+ 08/37 291014 Baal city 19r 35.77 08!'S 2"/44 Fae1 Par -k tracks TVAI. D';;_ Vr:IUlm--------} ?59.9Z af�! Cit13y of Diae;nnd Bar ;�} RliyTlhE:19:2iD9i3'1193 VUC14ER R E 6 1 S T F .1 PAT' 7. DO[ THRt1.............2^/Bt!/92 V;'NDr)R �JAC VEVD!3R 1D. 1ll_F!11D } +r ACCtRi;T PRU1.Tt-1D BATCH PDA i0MV E`lTR"DUI IN'1DICiINItLIR Q11 6(Et took 4898'?13a 1 JBITIA 6nrsaty?s 1 5011, :Ica ;. i :m alv:;s Hoo 1616- 4811 1 12925. t:. r iloV&i 1:?t:'crrr 1110. 7,iY?;r X725-tfti"-lf-x'•.12 1 J292';?� +225152;.,,;Sa I1:11A R tir•.vnt Tfust ICR,T i@V1'?i1r-1.2rJr' 13r?i+'ik I! mid Why My Half W IVu3 Not 42112115 J. 12,24; r2R-4:s4t .211 S 1 1^72!;?'+. 2115 ? ie9OL; F.. Tr+in, M. K3!11an 1104210-42H ?:Moil- riVt- 21 to K.3�ila�� 1 1 b'•: 24 A i Jf9zf; i-1. i.,Z';'3Ih-Ir i f f +@w01 4411-5;21 1 R". -rail 557'31 -lilt t% :t}dt 1 VV)' ,,'+ii 11181-4413 Soil 1 10"=. R 2R/32 29/o 28/30 vW14 AMt 113) , ?9;2b a,Wb k3'381 1AIN Pwt,4 613Job 01 ^? 9910'. 0130 F l i'i'i 8038 M!31i t9/V+ ;:aria i;;`,/N 291I4 8:036 L.A.Cillrnty Pii6lic !k•arI i l:1!'.Fuh'k IQTAI. DiJE V0,0111? i 0myist - 14 -pt +8501.75?2 1 1591!,£ 0813VA two 19'.3 *2114020 2.109543 28/2169124 199+ *121-2828 3 IVIAB 28/32 29/l?4 its Wl-2522 !+ U x4:3 9A/2e 29/5'+ 191141 ®v�1 ?3?2 s 1r9vr;B HM* 0104 19=.7 TFiephnnin eauic"r,t resit 48 .01 IQTAI. DiJE V0,0111? i 0myist - 14 -pt 2,u+83.23 113 TPil Dlf i; ��:�J31iR ..____•.."i �.4a.�:. PrDg tart 1 r: i vii 51,70.6? T=i"•i, ,a _at •6r � 511�Di�.ri,s:.? 51.c';:5.'+5 Dc:f. Coop - e.ro amtrihtt, J62.22 Put, itru Piar,rrin; W11. tfrcl T13'ia1_ DI?.: VE s}!;1 -•- - - _ 17.1,23 it. olearn 7,?9-N? I IJT.1i_ DLJ.: Vit VD! R -- ; I zo3.23 ttbr rat 33. .4 TOTAL TPIV. -------- :3?;+.'+9 Snprlf3 S.vc-31tily is, Ift43.4P, S1lariff vc-:?uly Fajta.=.a S,eriff svc-3ol.y 175,E•6i.2t 10T.1. Di1 Brielq' Akint-Juni: f`•C!� 5t", si;dnr,-lm 1h,'i/9.9A leash sign inst.i.-June 132.17 Rd 20ijV.6.25 Curti/butter-Jane 10.28 citof Diaaar ;f ;:t RW IMP: 10:7609/0'-0/90 Vt1y ItCitER RF6vInSI! TFRR 1}111: MR11.............0973'+190 VEA'is(1R Ulii VENFOR Ip. f F"nf "FTir ACCGUN PRUR-M HTi;f P0.I.I4r/4R, RytAl10: INVIiTI;F_ DF$l;;ZiPII:1Y AMOUNT DATIF i_.A.CounTv Public: Works 1.11;PulAk 1101 -?072 6 1034F, sF00t-2021 7 104043 *eel -7072 8 10"04^ "?aI- U%i, 9 1091)43 X001-7170' 12 10;.-41 1..A.1:aurtty Public. 4ork.4 1.;yi;Prh k IN,, -7170 11 1l,:;14 I..A.Coisrty Public %)."ki, !-till) ir'tk +101-7072 12 ,i0i`4'r I.ai:ilaa Trarsit Lo_. 1.:aidlas MJ- 103515310 7 iv:ic3 P Qr2l -4353 - SIO 1 1 X91 B F11TA1. Dl,* VENDuR -- - - !93..2'1.9' Ouse +U04 iP`-;8,17BF haHm it miRt-,iir e 1' �i� . y . .i§h 0 04 .7 �,.. 9/ . 1.93, 14=07 • l;a�ac��' fir ri.ty P10 -amp 504 0 TI'JTAJS14.03 u% City of �Jiaeand Aar ��� R U t; TTG : Rob o b 0 9/ o 1: M V ii U C. F. F R it F B I. S T F R PAGE 4 Do MMT.,.........=14(47 PRt PPIta Us kUf►f; PfiPti Vf dT1t►f; Ip. AMOOV OAT OANH PQ,t.IKAQ. WoRPON INURE HSUIM111i -----------------..-...i.- Qaf-44:+„ 70I0 1 7;71,#. H;.. Bit BOW '17.5 Galli` ic�3it,:� aa6i. , �:iOC. i�dl?1}•i.tt) ,S Hm-40911 07 7 MAR i. 1; - Sni�i 1 f'=•; t"i, {:r1?_;Ct 'e?' �..CE E:C:e c^.' 9 .�7 P is N1 WI I.. I B'" OLi;Sl ;Ct!It vir 67ALt 1;'::•i• :r(94 ,.Pl:tld 101'i1, 'iii: .-.-..---- . i 1.%.:!t mr:`;!'�(.+'.' r.�,+Il►ilio aVt:G �t "i:'!: •1;;r i a'' x.-,�,,,.^r 3 k r 1 i1.;.i ] 3w ! t +idi3t ',t'; itt�plicat]:ur•;� Q . A'�7 i.; `J! t �' � ^r ii?j-; l; =9 / nt'•;t n.,O •J t,r. � l �tti f-. Til r I 1't-^• & Pt:t:.(s i al t t tt�: i� 1 so A, >? 6 MIN 09r24 Mpc i'td!?foij I buy 5`ii:`s-.3!1! T{':TAI R4 VEOM", Payr1,11 Tran>f* t avcotllr n�,. 17 a rn '+% t' �"/li./rJ,�vr Pi'i.-P+. Zu yr ;=' 77{`.,U{; =t' - n 7'(ui�/9$ �'*,}r7uv'7.17 ;7•1-7777 � ,.��;..y. I!iTft►. !�\I:i�A t1l :ti"il1:�i ----, ri,"3�'S.�%� MY CHI �.. �k°G1'7►li;-l�i;3 � fGir: t. MAC ,� t nn nt ��L . 4 tiii -i Pt ii-Pi�.F(4(?G• Ear;+:tk; j+?1'�.��. 1,167.69 �7 I ?1.11? 12uM1 r � 9f1:C $s'nt �t V: �.a rPtiiUr; � ,iI%z./J- 1 x'271 :A9�-t2- i t79'7r#i; .. IW? Mol# iU!,¢tt;>; ';1 A9 M7'ki.4t'71.?y 1 lft•`'u{: e-r•(ia e91°4 Pclstalv7 c.. a) -2:517 t I'MliC Wii3 Mx`•+ Fl:t_1 SM ON-k`s^2•P3?:t 1 MAC ff.I,,t 914770.; Mt Solid WaMe n Lids X771-1#210-IM't 1 1B7L#i. MID VO4 )•1!i!Jl?-a th76 feel- 1:37C••IMP i Ma':C: tit, i37 F;(7S Srall Tools -Pi ks ia,l'1 tt7rnt il!;= VEyllOi---------) 87.36 RanKrant?ri six C,E. Inc 2 011 of Uiaannd Par *a* RIJ?J T 1fS�: lA;? i 29i �t}/a� V n IJ C tf c, R R F G I S F f. R *001"ti?.1t: C?:J J Ji!'rtoC 9111-/M Vr, a9 , •, 'rnpinc;rrinc,,R;g? 4 PW 5 ?6/°,1 9,7 3 D01, It;Rli............. �;lG;4191 v:g );.� Il l7:.�1_ : ., ,// � M ]]3. 2BIJ3 Lal:)'+ RCCI!?lAf Pt;n;i,T:t 1" BM CH P% IN., /10'. F NW1 P, y OF INV11IC( DfSCRINIION J JHMC U/• [4k �al!'5 MOLD ? .h;/a ------------------------------------------------ R'!iiONT t)UF Cti;CK fi':1: iiPl i. W1£?y tiililme Cis:.. P'r ci �2S 1.i 1J . ; /:', t i 4 rra`Id t. C`i rtt)tri, *bC+l•t�11,�i-.'�l;a J. l i+!. C. (:/C"�tj 1jn.r1 !1 9z p 4?'..ti', 11;, ul "Oro snesh 6ra;7iJ .? {1: f.;lv,i 6,9U.24 *7151;5?1; (.;1 r E;i44 Grand @6iJttenS,rrge 4,?24 1225 .405 Wo 9 INAC 087 ;8 OVA tir•and I D8 Alva, 10D1. i)i,f V;.xDuR *225-t. 12 1V -1K POW Ego stwant PUS 7,92 S„ F 5.., SM Wo 1.1 1 i ow� n, t�/-,R X910+ 6ra}ui A Rat.li}irl Knob .. Y sal�1 CA1^F Ctiina tiilIs pkwy Y'ciJ-T 1? -1`a r 1�•?c's!; W2,1 . �/,,,;+ i'°1� i''A19;9 - givr l,lb7. 9 10TR tai( VO4-}s,,:..__... -- 1,4 0.7? RN 9 9111 Jui'1 t` �i�/ir G' �i:i i`. MCI forCic +4.r R-Aic i1i-ir;:i?'C?01 }an.Ar RacadtInn 6i 67 t fAi irr_ 1+lii -._.-... r,. Raymn Elabric Ca, R301;:'.. 122Y 152=1 v k 18 324) G i"r. U137 ice? WPM, Pant !J 1 ." t S„177l Q. ,- S2 t,.i4 09194 1037 o v ,� � ir,?5'o V'1* :=J fa W, ri:A1? main Cum,,.!+ i 7ttTi�: PRiPPIt) tit'It;Nj ----) 71UO ' 27 RanKrant?ri six C,E. Inc 2 011 *001"ti?.1t: C?:J J Ji!'rtoC 9111-/M Vr, a9 , •, 'rnpinc;rrinc,,R;g? 4 I-!' ?6/°,1 9,7 3 .5c, " v:g );.� Il l7:.�1_ : ., ,// � M ]]3. 2BIJ3 Lal:)'+ i1:7taYfS:?r';�IlUUSt 71 J JHMC U/• [4k �al!'5 MOLD ? .h;/a S;.,., �2S 1.i 1J 1. Jili tl, ; /:', t i 4 rra`Id t. C`i rtt)tri, t..; AS !}' ?5 7 J I ra4!',h)}(.� GQi�'1 � v. d+ 6ra;7iJ .? {1: f.;lv,i 6,9U.24 *7151;5?1; (.;1 r E;i44 Grand @6iJttenS,rrge 4,?24 1225 .405 Wo 9 INAC 087 ;8 OVA tir•and I D8 Alva, .F;S "mm m *225-t. 12 1V -1K B$/.",2 03/0 676anci p k;c,r;t£:fina 7,92 S„ F 5.., SM Wo 1.1 1 i ow� n, t�/-,R X910+ 6ra}ui A Rat.li}irl Knob 1 373.4 o2 I I o ellP,!; Ctiina tiilIs pkwy on, to tt ML HE Vat)}iti pit Cit y of P i a r, c, f, d 14 it r v 0 ij C ii !: R IREGISTFI. pRn,,!.TUNq DUCH MAIM ETRYM MOM usulp ON OWN KIII; Ift'r ct,11 4 INVA 18111 29/N SGVM142 Th lbqqa* Chwqe "Most 2us S 10NE V./M.- M04 S V I I Kib P IGIPli- U.", il+ Sir P ,- in. 1, i 71 9.11'.' "; r M 71 i I'll -Itj too! AM AM t MAE 0811 OW Tokyo cad miduq 7 L li? M 5 RAM cull. 90 91 DM5 Roo 695402 1022E OUSS RIP wMan 5. Wan j I UVOL, N. 1 UNA MIS 9W ENSIMSONY FK 296,17 4.1 / 0 z �., a, i i. r, 1 F .-. 1. '. i c a!, c W@9 I RI'-"I§J:i ci� IM N33t 1 W25 M4 iuhlll� RIM WAIIIIN4 -- --------- 177A MUL VA v8mg 134 4 53, 2126 FI-t.tricl 1 1.2 7 %nan A. Qmw c8mv ZW94 i'1 a t i U A % 31 _1i.1! t17.11 ]a T 1 2.11 09/?4M v 11 U C R F S 1 8 T f D01 Ti-IRIll ............. WN9IJ13 Nlllly ul. £2«Iq * I PROA0 F fl, y I h) I I A Ot IN T DAI E Rer 3"LlOwn Ca.Dim['a:, efl./I; Moll: BEREgeeE Sae! -- , gj ?. P 7 NTI,I. a EEoIL 7§ 17 GUS 17 i P t T;- i t L! t J; 0- ri S A i p fflt' JO A T Ul A! RF 7 17 eity a -d #!. Sf er:R§1,rz63a VnuteFR R F 6 1 S I F R P I E1)4a BliII!>2¥ 2Ea0R! 3f& ar DILUE Wek ....... EZAZR . 5236 Fi! # q n M R2 E# R& E # ± RR e[ . . RPh RE§E reaegEaa %JS9R% %' 87 Ft", a -d #!. 3 6 RnR D 2g Ja.@ IgJ2l 1 &a GSug 2 ha 'Rills; Em§ 3f& ar lU: .131, Fund Sag g2Ek2»tGQ 5236 %2& 5%556 371.6! 9; Ll 67 1sag KgK9 10.13 GRRy . .��.�_..�..� ..�... ..... ...��. ------ • - #lzas %9K3«R \ ,891 a.e wA2ER ROBERTI-Z'BERG FUNDS (PETERSON PARK Los Angeles County applied for and was approved for (May 22, 1986) funding, through the Roberti-Z'berg Urban Open Space and Recreation Program of 1985, in the amount of $215,000 for Sylvan Glen Park improvements (Carlton J. Peterson Park) . Los Angeles County received $21,500, a ten percent (10%) advance on said Grant on June 23, 1987. Additionally, the County drew down $55,955 for costs related to the development of plans and specifications for said project, leaving a bal- ance of $159,045. The City of Diamond Bar incorporated on April 18, 1989. Subsequent to incorpo- ration, Los Angeles County approved the conveyance of Peterson Park to the City (May 16, 1989); and, agreed to transfer the Roberti-Z'berg Grant fund balance of $137,545 to the City for use at Peterson Park. Also, Los Angeles County ap- proved the transfer of the $21,500 Roberti-Z'berg advance to the City. This was accomplished by special warrant #k7603782. This warrant totalled $46,500. Narrative continued on next page. Y18CAL IMPACT: $25,000 erroneously transferred to the City by Los Angeles Coun- ty. Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: s 'y1 -4W Robert L. Van Nort LLL���lll Andrew V. Arczynski Terrence L. Belang City Manager City Attorney Assistant City Man ger 1 AGENDA NO. � -------------------------------- CITY OF DIAMOND BAR AGENDA REPORT DATE: August 15, 1990 MEETING DATE: August 21 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: Charles Janiel, Director of Parks and Maintenance SUBJECT: Sub -Grant Agreement for Roberti-Z'Berg Park Grant Funds and State Con- servation and Water Bond Act BACKGROUND: ROBERTI-Z'BERG FUNDS (PETERSON PARK Los Angeles County applied for and was approved for (May 22, 1986) funding, through the Roberti-Z'berg Urban Open Space and Recreation Program of 1985, in the amount of $215,000 for Sylvan Glen Park improvements (Carlton J. Peterson Park) . Los Angeles County received $21,500, a ten percent (10%) advance on said Grant on June 23, 1987. Additionally, the County drew down $55,955 for costs related to the development of plans and specifications for said project, leaving a bal- ance of $159,045. The City of Diamond Bar incorporated on April 18, 1989. Subsequent to incorpo- ration, Los Angeles County approved the conveyance of Peterson Park to the City (May 16, 1989); and, agreed to transfer the Roberti-Z'berg Grant fund balance of $137,545 to the City for use at Peterson Park. Also, Los Angeles County ap- proved the transfer of the $21,500 Roberti-Z'berg advance to the City. This was accomplished by special warrant #k7603782. This warrant totalled $46,500. Narrative continued on next page. Y18CAL IMPACT: $25,000 erroneously transferred to the City by Los Angeles Coun- ty. Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: s 'y1 -4W Robert L. Van Nort LLL���lll Andrew V. Arczynski Terrence L. Belang City Manager City Attorney Assistant City Man ger 1 Agenda Item August 21, 1990 Meeting Page Two Los Angeles County attempted to amend the Roberti-Z'berg Grant with the State to accomplish the transfer of the $137,545 balance to the City. However, the County was informed that State procedures prohibited the issuance of any amendment or agreement after the issuance of any grant funds. Consequently, the City was asked to enter into a subgrant agreement with the County of Los Angeles. This subgrant agreement will authorize the County to administer said Grant, with documentation provided by the City, and upon receipt of said Grant Funds by Los Angeles County, those funds ($137,545) will be trans- ferred to the City. The total amount that will be received is $159,045. Conservation and Water Bond Funds (Peterson Park): A 1986 State Conservation and Water Bond Act Grant, in the amount of $250,000 was awarded to Los Angeles County for the construction of Carlton J. Peterson Park, Upon incorporation, the County conveyed Peterson Park to the City. The County agreed to transfer the Peterson Park Grant fund balance of $225,000 to the City. Los Angeles County had received $25,000, a ten percent (10%) advance on said Grant. The County transferred the advance amount to the City on June 26, 1989, as part of special warrant #7603782, totaling $46,500 ($25,000 for advance on 1986 State Water and Conservation Bond Act, and $21,500 advance for 1985 Roberti-Z'berg). At the time of this $25,000 transfer, the County assumed that the State of Cali- fornia Department of Parks and Recreation, administrator of the Conservation and Water Act funds, would allow an assignment of said Grant, to the City of Diamond Bar. The State determined that an assignment was inappropriate. Instead, the State rescinded the grant with the County; and then, issued a new grant to the City, in the amount of $250,000. As a result of the rescission, the county of Los Angeles is requesting the return of the $25,000 transferred to the City. RECOMMENDATION: It is recommended that the City Council: 1. Enter into the subgrant agreement with the County of Los Angeles; re- lated to Carlton J. Peterson Park. 2. Authorize staff to return $25,000 erroneously transferred to the City by the County of Los Angeles. RESOLUTION NO. 90 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUB -GRANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION FUNDS RELATED TO STATE PROJECT NO. BB -19-152 WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'Berg Urban Open Space and Recreation Program of 1985, which provides funds to certain political subdivisions of the State of California for acquiring lands and developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the County of Los Angeles applied for and received Roberti-Z'Berg monies, ( State Project No. BB -19-152) in the amount of $215,000 for the construction and improvements at Sylvan Glen Park (Carlton J. Peterson Park); and WHEREAS, the County of Los Angeles desires to transfer the balance of monies, in Project No. BB -19-152, in the amount of $159,045; and WHEREAS, the State of California has declined to allow an assignment of the Roberti-Z'Berg Grant, by the County of Los Angeles, to the City of Diamond Bar; and WHEREAS, the County of Los Angeles and the City of Diamond Bar have determined that a sub -grant agreement is the appropriate manner in which to transfer the balance of funds related to the Roberti-Z'Berg Grant for Sylvan Glen Park (Carlton J. Peterson Park) (Project No. BB -19-152). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar 'does hereby approve the sub -grant agreement between the County of Los Angeles and the City of Diamond Bar, for the transfer of Roberti-Z'Berg Grant Funds related to State Project No. BB -19-152. 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 SUBGRANT AGREEMENT ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM OF 1985 SENATE BILL 174 STATE PROJECT #BB -19-152 THIS AGREEMENT, made and entered into on this day of _________________9 1990, by and between Los Angeles County (hereinafter referred to as GRANTEE) and the City of Diamond Bar (hereinafter referred to as SUB -GRANTEE), shall serve as the Subgrant Agreement concerning Sylvan Glen Park, State Project #BB -19-152 (hereinafter referred to as GRANT). W I T N E S S E T H WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'berg Urban Open Space and Recreation Program of 1985, which provides funds to certain political subdivisions of the State of California for acquiring lands and developing ,facilities within urban areas to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation (hereinafter referred to as GRANTOR) has been delegated the responsibility for the administration of the program within the State; and WHEREAS, the GRANTEE applied for funding according to the guidelines of the aforementioned grant program; and WHEREAS, the GRANTOR approved $215,000 in funding for Sylvan Glen Park on May 22, 1986 and assigned it Project #BB -19-152; and WHEREAS, Sylvan Glen Park, also known as Carlton J. Peterson Park (according to the SUB -GRANTEE), shall be termed the subject property; and WHEREAS, the GRANTEE, received $21,500, a ten percent (10%) advance for the GRANT on June 23, 1987 and deposited this amount to Los Angeles County Trust Fund 08402; and WHEREAS, prior to the transfer of the real proeprty, costs of $55,955 were incurred by the GRANTEE for the development of plans and specifications for the subject property, leaving a grant balance of $159,045; and WHEREAS, the SUB -GRANTEE incorporated approximately two (2) years later, on April 18, 1989; and WHEREAS, the GRANTEE approved the conveyance of the real property, as well as personal property and fixed assets as identified by the GRANTEE's Director of Parks and Recreation, to the SUB -GRANTEE on May 16, 1989; and WHEREAS, the GRANTEE agreed to transfer $159,045, the balance of the GRANT to the SUB -GRANTEE, for use at the subject property; and WHEREAS, in pursuit of this GRANT transfer, the GRANTEE approved the transfer of $2 i 1,500 to the SUB -GRANTEE; this was accomplished by Special Warrant #7603782, (this warrant totalled $46,500 of which the ten percent (10%) advance equalling $21,500 for the GRANT was transferred); and WHEREAS, the SUB -GRANTEE was required by GRANT guidelines to deposit this money in an interest bearing account; and - 2 WHEREAS, the GRANTEE attempted to amend the GRANT with the GRANTOR to accommodate the transfer of $159,045 balance of the GRANT to the SUB -GRANTEE; and WHEREAS, the GRANTOR would not execute this amendment due to the previous disbursement of funds to the GRANTEE on June 23, 1987; and WHEREAS, the GRANTOR prohibits the issuance of any subsequent grant agreement after the issuance of any grant funds. THEREFORE, the GRANTOR and the SUBGRANTEE mutually agree as follows: 1. Nothing in this Agreement between the GRANTEE and the SUB -GRANTEE, relieves SUB -GRANTEE of it's obligation to assume all claims, liabilities, and obligations, including operation and maintenance of the subject property. SUB -GRANTEE agrees to indemnify, defend, and save harmless the GRANTEE, it's agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage arising from or connected with SUB-GRANTEE's operations or it's services hereunder, including any workers' compensation suits, liability or expense, arising from or connected with services performed on behalf of SUB -GRANTEE by any person pursuant to this Agreement. SUB-GRANTEE's duty to indemnify GRANTEE sha11 survive the expiration or other termination of this Agreement. - 3 - GRANTEE is relieved of responsibility for compliance requirements as designated by the GRANTOR in the Grant Agreement. 2.- The SUB -GRANTEE will certify the amount of interest earned on the $21,500, ten percent (10%) advance of the grant. 3. The SUB -GRANTEE shall issue receipts of expenditure of grant funds at the subject property and accompanying documentation to the GRANTEE, by September 15, 1990 to comply with the requirements of the GRANTOR. These receipts of expenditure may total but not exceed $159,045 plus the amount of interest earned on the advance of $21,500. The GRANTEE, upon receipt of this documentation from the SUB -GRANTEE, shall submit it to the GRANTOR for reimbursement by September 30, 1990. Provided this documentation is approved by the GRANTOR, the final balance of $137,545 shall be transferred from the GRANTEE to the SUB -GRANTEE after receipt from the GRANTOR. - 4 - 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By- eputy Agency: COUNTY OF LOS ANGELES By: Title: Director of Parks and Recreation Date: Agency: CITY OF DIAMOND BAR By: Title: Date: DOl:css4/Fxx9O:AGRMTS - 5 - K ter.' AGENDA NO. J CITY OF DIAMOND BAR AGENDA REPORT DATE: August 17, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the•City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager SUBJECT: Amendment to Personnel Rules and Regulations Resolution No. 90 - 45): Salary Schedule and Administrative/ Executive Position Designations. BACKGROUND: The City Council adopted Personnel Rules and Regulations, (Resolution No. 90-45) which in part established policies regarding salary schedules and administrative leave. Recently, the Council has taken several actions, to authorize new positions and to amend existing positions. These changes require the establishment *or modification of salary schedules for full time and part time positions. The existing positions that are being modified are the Director of Planning, and the Assistant City Manager. The new positions for which salaries are being established are Associate Planner, Planning Technician, Parks and Maintenance Worker II and Account Clerk I. Section 31 entitled Administrative Leave, in sub -section (B) sets forth these positions that are designated as Administrative/Executive. Three positions are being added to the list of Administrative/Executive positions. They are the Assistant City Manager, Administrative Analyst and Associate Planner positions. RECOMMENDATION• It is recommended that the City Council approve Resolution No. 90-45A, which amends Resolution No. 90-45,ispecifically the Salary Schedule and Administrative/Executive Position Designations. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: . $ Revenue Source: BY. rti� vc t; u --= �_----------------------- ---------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. BelandZr City Manager City Attorney Assistant City Manager RESOLUTION NO. 90 - 45A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 90 - 45 ESTABLISHING AND/OR MODIFYING SALARY SCHEDULES AND ADMINISTRATIVE/EXECUTIVE POSITION DESIGNATIONS WHEREAS, the City Council approved Resolution No. 90-45, that set forth Personnel Rules and Regulations, which include Salary Schedules and Administrative/Executive position designations; and WHEREAS, as a result of recent City Council actions, it is necessary to establish and/or modify salary and compensation schedules paid to officers and employees of the City, specifically the Assistant City Manager, Director of Planning, Associate Planner, Planning Technician, Account Clerk I and Parks/Maintenance Worker II; and WHEREAS, it is necessary to the efficient operation and management of the City that the regulations pertaining to the designations of Administrative/Executive positions be amended to include the positions of the Assistant City Manager, Administrative Analyst and Associate Planner. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby amend Resolution No. 90-45, by establishing and/or modifying Salary Schedules A and B, which are attached hereto and incorporated herein by reference. i BE IT FURTHER RESOLVED that the City Council of the City of Diamond Bar does hereby amend Section 31(B) of Resolution No. 90 - 45 as follows: SECTION 31. ADMINISTRATIVE LEAVE B. Following is a list of Administrative/Executive positions: Assistant City Manager Director of Planning City Clerk Director of Parks/Maintenance Superintendent of Parks/Maintenance Senior Accountant/Assistant Finance Director Associate Planner Administrative Analyst Secretary to City Manager City Engineer PASSED, APPROVED AND ADOPTED this day of 1990. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: City Clerk of the City of Diamond Bar SCHEDULE A CITY OF DIAMOND BAR SALARY RANGES BY POSITION 1990-91 JOB TITLE A B C D E Jr. Clerk Typist 8.81 9.25 9.71 10.20 10.71 1527.07 1603.42 1683.59 1767.78 1856.16 18324.80 19241.04 21203.08 21213.36 22273.92 Clerk Typist 9.47 9.94 10.44 10.96 11.51 1641.60 1723.68 1809.86 1900.36 1995.38 19699.20 20684.16 21718.32 22804.32 23944.56 Account Clerk I 9.47 9.94 10.44 10.96 11.51 1641.60 1723.68 1809.86 1900.36 1995.38 19699.20 20684.16 21718.32 22804.32 23944.56 Administrative 10.25 10.76 11.30 11.86 12.45 Analyst 1775.90 1864.70 1957.93 2055.83 2158.62 21310.80 22376.40 23495.16 24669.96 25903.44 Planning 10.25 10.76 11.30 11.86 12.45 Technician 1775.90 1864.70 1957.93 2055.83 2158.62 21310.80 22376.40 23495.16 24669.96 25903.44 Secretary 10.41 10.93 11.48 12.05 12.66 1805.00 1895.25 1990.01 2089.51 2193.99 21660.00 22743.00 23880.12 25074.12 26327.88 Code Enforcement 10.89 11.44 12.01 12.61 13.24 Officer 1888.00 1982.40 2081.52 2185.60 2294.88 22656.00 23788.80 24978.24 26227.20 27538.56 Parks Maintenance 10.97 11.52 12.10 12.71 13.35 Worker II 1900.00 1996.80 2097.34 2203.07 2314.00 22817.60 23961.60 25168.00 26436.80 27768.00 Deputy City Clerk 11.16 1 11.72 12.31 12.92 13.57 1935.00 2031.75 2133.34 2240.00 2352.00 23220.00 24381.00 25600.08 26880.00 28224.00 Secretary to City 14.92 15.67 16.45 17.27 18.14 Manager 2586.60 2715.93 2851.73 2994.31 3144.03 31039.20 32591.16 34220.76 35931.72 37728.36 Superintendent of 15.73 16.51 17.34 18.21 19.12 Parks/Maintenance 2726.06 2862.36 3005.48 3155.76 3313.54 32712.72 34348.32 36065.76 37869.12 39762.48 Senior Accountant 17.32 18.19 19.09 20.05 21.05 3002.00 3152.10 3309.71 3475.19 3648.95 36024.0-0 37825.20 39716.52 41702.28 43787.40 c:\wp51\files\90-91sal.cht SALARY RANGES BY POSITION PAGE TWO JOB TITLE A B C D E Associate 18.14 19.05 20.00 20.99 22.05 Planner 3144.36 3301.58 3466.67 3639.99 3821.99 37732.32 39618.96 41600.00 43679.88 45863.88 City Clerk 18.20 19.11 20.07 21.07 22.12 3155.00 3312.75 3478.39 3652.31 3834.92 37860.00 39753.00 41740.68 43827.72 46019.04 Director of Parks 19.75 20.74 21.77 22.86 24.00 & Maintenance 3423.00 3594.15 3773.86 3962.55 4160.68 41076.00 43129.80 45286.32 47550.60 49928.16 Director of 23.73 24.92 26.17 27.47 28.85 Planning 4114.06 4319.76 4535.75 4762.54 5000.66 49368.73 51837.17 54429.03 57150.48 60008.00 City Engineer 25.16 26.42 27.74 29.12 30.58 4360.76 4578.80 4807.74 5049.13 5300.53 52329.14 54945.60 57692.88 60577.52 63606.40 Assistant City 25.16 26.42 27.74 29`.12 30.58 Manager 4360.76 4578.80 4807.74 5049.13 5300.53 52329.14 54945.60 57692.88 60577.52 63606.40 c:\wp51\files\90-91sal.cht SCHEDULE B CITY OF DIAMOND BAR SALARY RANGES BY POSITION 1990-91 JOB TITLE A B C D E Intern/Part-Time 5.00 5.50 6.00 6.50 7.00 F G H I J 7.50 8.00 13.00 16.00 18.00 c:\wp5l\files\90-91sal.cht 11 r AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 17, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager SUBJECT: Amendment to Personnel Rules and Regulations Resolution No. 90 - 45): Salary Schedule and Administrative/ Executive Position Designations. BACKGROUND: The City Council adopted Personnel Rules and Regulations, (Resolution No. 90-45) which in part established policies regarding salary schedules and administrative leave. Recently, the Council has taken several actions, to authorize new positions and to amend existing positions. These changes require the establishment'or modification of salary schedules for full time and part time positions. The existing positions that are being modified are the Director of Planning, and the Assistant City Manager. The new positions for which salaries are being established are Associate Planner, Planning Technician, Parks and Maintenance Worker II and Account Clerk I. Section 31 entitled Administrative Leave, in sub -section (B) sets forth these positions that are designated as Administrative/Executive. Three positions are being added to the list of Administrative/Executive positions. They are the Assistant City Manager, Administrative Analyst and Associate Planner positions. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 90-45A, which amends Resolution No. 90-45, specifically the Salary Schedule and Administrative/Executive Position Designations. (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 Terrence L. Belan r City Manager City Attorney Assistant City Manager AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 17, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Assistant City Manager SUBJECT: Designation of Los Angeles Transportation Commission as the Congestion Management Program (CMP) Agency for Los Angeles County BACKGROUND: In June, 1990, the voters of California passed Proposition 111 providing for an increase in the gas tax, which is intended to fund programs that are to address existing and future congestion in the State, through the end of the century. The passage of Proposition 111 was followed by the adoption of Assembly Bill No. 1791, which mandates the development and implementation of a Congestion Manage- ment Program (CMP), in all the State's urbanized counties. The legislation.mandates that local agencies work through a county -wide Conges- tion Management Agency (CMA) and develop a program to prevent new congestion while fighting existing congestion. The CMA is required to adopt and annually update a Congestion Management Program, which will guide the funding of trans- portation projects, in the County of Los Angeles, and ensure that traffic levels of service meet established standards. Narrative continued on next page. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: 4er v"'t L. Van Nort Andrew V. Arczynski Terrence L. Belang City Manager City Attorney 'Assistant City Manager AR30O.FRM 3/90 1 Agenda Item August 21, 1990 Page Two The legislation mandates that the CMP be developed; in consultation with the regional transportation providers, local governments, Cal Trans and the SCAQMD; either, by the Los Angeles County Transportation Commission (LACTC) or another public agency. The CMA is to be designated by resolutions adopted by the County Board of Supervisors and the City Councils of a majority of the cities repre- senting a majority of the population, in the incorporated portion of Los Angeles County. RECOMMENDATION: It is recommended that the City Council support the designation of the Los An- geles County Transportation Commission (LACTC) as the Los Angeles County Conges- tion Management Program (CMP) Agency for the County of Los Angeles. RESOLUTION NO. 90 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE LOS ANGELES CONGESTION MANAGEMENT PROGRAM (CMP) AGENCY FOR LOS ANGELES COUNTY WHEREAS, Government Code Section 56089 requires the development of a Congestion Management Program for Los Angeles County which includes the County and every city in the County; and WHEREAS, Government Code Section 65089 provides that the Congestion Management Plan shall be developed either by the County Transportation Commission, or by another public agency, as designated by the County Board of Supervisors and the City Councils of a majority of the cities representing a majority of the population in the unincorporated area of the County; and WHEREAS, the Los Angeles County Transportation Commission is the appropriate public agency in the County of Los Angeles to be designated under the provisions of Government Code Section 65089; and WHEREAS, the Los Angeles County Transportation by action taken on July 25, 1990 has supported its designation as the Congestion Management Agency, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby acknowledge the designation of the Los Angeles County Transportation Commission as the Congestion Management Program (CMP) Agency for Los Angeles County. 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 passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the date of 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk of the City of Diamond Bar AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT August 13, 1990 AGENDA DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER` ��< SUBJECT: GEOLOGY BOND RELEASE FOR TRACT NUMBERS 36813 AND 42582 The Anden Group, developer of the subject tracts, has requested that the Geology Bonds for these tracts be released. The requirements, as set forth by the Engineering Geology Section of the Los Angeles County Department of Public Works, for rough grading approval for the subject tracts have been certified as complete by Pacific Soils Engineering, Inc. The City Engineer has made.a review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bonds; Bond Number: Amount: Surety: Principal: ASI 100095 & ASI 100210 $30,000.00 & $89,000.00 Integrity Insurance Co. 2101 W. Alameda Ave. Burbank, Ca 91506 The Anden Group . 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal and the surety. (Narrative continued on next page if necessary) Rl K-WFI •nh•cc-d6 'hnndr -I\ 681 &4 58 FISCAL IMPACT: NONE Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: I-X&d U-L(d aw --- ---------------------- ----------- --------- Robert L. Van Nort Andrew V. Arczynski Terrence Belanger City Manager City Attorney Assistant City Manager 7/24/90 11 6CRX4pvivo Coc/,�T Y MSP Azle n 6,CQiY.4tty/Na Coc/n/T Y :ALS SP INSP: MlSC : *** LABOR & MATERIAL FOR L/C, PB, C/D OR CASH *** IMP RECEIVED REDUCED RETAINED FORF EXON PLAN IMP SEC NO. AMOUNT DATE DATE AMOUNT DATE DATE _______ _____________ __________ ________ ________ __________ ________ -------- ROAD � St Tr ; DRAINGE: SEWER : WATER ; GEOLOGY: FNC/WAL: PAVING pARK : ST LG -1 � STATUS REPORT Pro#: 576 Tr# 42582 PM# OS# Area: C/O DIAMOND BAR �Job Location: 3900'+/- E/O INTER @ DIAMOND BAR BLVD & GOLDRUSH DR . BOND lHFORMATI0N File6: 05/17/84 Agmt _______________________________ Exp: 05/16/89 Ext LTR Date: 04/15/88 60 -Day: 02/28/89 Principal: SOUTH COUNTRY CORP' Phone: Addre35: 1074 PARKVIEW DR, STE. 201 City: COU[NA St: CA Zip: 91724 Surety: INTEGRITY INS' CO. (IN LIQUIDATION) Phone: Addreo5, City: St: zio: Financial Institution: Phone: Address: City-' Bt: zip/ Engineer: LIND & HlLLERUD, INC' Phone: 818-577-4300 Address: 44 S. CHESTER AVE. City: PASADENA Bt: CA Zip: 91186 Depositor: Phone: Address: City: St: Zip: Subdivider; SAME AS PRINCIPAL Phone: Address: City; Bt: Zip: Comment� lMPROVEMENT lNFORMATION TMP --------------------------------------------- RECEIVED REDUCED RETAINED FORF EXON PLAN BOND/IMP SEC# AMOUNT DATE DATE AMOUNT DATE DATE ROAD _____________ ASI100209 __________ $644,000 ________ 05/17/84 ________ 08/31/89 __________ ________ $161/000 -------- RD INSP: St Tr : ASI100208 *18,000 85/17/84 04/06/90 Tr lNSP: MONUMNT: DR24499 $71,000 11/28/83 05/11/90 ORAlNGE: SEWER ASl100207 *144,000 05/17/84 04/1I/89 WATER ASI100211 $256,000 05;/17/84 12/14/88 GEOLOGY: ASI 10O2lO $89'000 85/17/84 FNC/WAL: PAVING : PARK : ST LGT : GN lNSP; ASI 100 027 $10,000 SP INSP: MlSC : *** LABOR & MATERIAL FOR L/C, PB, C/D OR CASH *** IMP RECEIVED REDUCED RETAINED FORF EXON PLAN IMP SEC NO. AMOUNT DATE DATE AMOUNT DATE DATE _______ _____________ __________ ________ ________ __________ ________ -------- ROAD � St Tr ; DRAINGE: SEWER : WATER ; GEOLOGY: FNC/WAL: PAVING pARK : ST LG -1 � COMMENT� ' ROAD PLAN INFORMATIOW lNDEX# : N-39/112 PERIMIT#: 624000 DATE, I.O.# : L4258616 DATE/ 09/117/87 ROAD ST. TREES MAJOR : IMPROVEMENTS: ____ *644,000 _ ________ SECOND : INSPECTION ; $14.900 LOCAL : 4,206 FT. TOTAL : $658,908 CASH DEPOST T : DATE REC/D : EST DATE : B L, T FEE : DATE REC'D : EST DATE � PLAN SIGNED DATE : 10/20/83 pLAN# 61635-61641 PRINTS IN : SOILS TEST REO : RPT ENGBS EBT APP'D : COMMENT: STREET TREE $10.008 INSPECTION $ 1,1OO TOTAL $11,000 Pro #: 575 Tr# 36813 Job Location: STATUS REPORT Pm# DS# Area: C/O DIAMOND BAR � BOND INFORMATION _______________________________ File6; 05/17/84 Agmt Exp: 05/16/88 Ext LTR Date: Principal: SOUTH COUNTRY CORP. Address: 1874 PARKVIEW DR. STE 201 City: COVINA Surety: INTEGRITY INS' CO. Address: 2101 WEST ALAMEDA AVE City: BURBANK Financial Institution: *ANOEN GROUP Address: 16133 VENTURA BLVD. City: ENCINO Engineer: LlND & HlLLERUD' INC. Address: 44 S. CHESTER AVE. City: PASADENA Depositor: Addresst City: Subdivider: SAME AS PRINCIPAL Address: City: Comment: * DEPOSITOR lMP PLAN ------- ROAD ' RD INSP� St Tr � Tr INSP: MONUMNT: DRAINGE: SEWER � WATER � GEOLOGY: FNC/WAL: PAVING : PARK � ST LGT ; GN INSP: SP INSP: MISC ; COMMENT: 60-Doy: 02/16/88 Phone: St: CA Zip: 91724 Phone: St: CA Zip: 91506 Phone: St: CA Zip. Phone: 818-577-4300 St; CA Zip. 91106 Phone: st: Zip; Phone: St: Zip. IMPROVEMENT INFORMATlON --------------------------------------------- RECEIUED REDUCED RETAINED FORF EXON BOND/[MP SEC# AMOUNT DATE DATE AMOUNT DATE DATE _____________ __________ ________ ________ __________ ________ ________ ASIl0OO92 *567,000 05/17/84 02/16/88 *198`450 AS1100896 $14`400 05/17/84 OR24250 $13,000 10/14/83 ASI100094 $420,080 05/17/84 11/1l/11 ASI100093 $220,000 05/17/84 ASI100109 $222,000 05/17/84 ASI1O0095 $381000 05/17/84 $105,000 139/OV-/ *** LABOR & MATERIAL FOR L/C^ PB, C/D OR CASH *** 85/11/89 U4/01/88 O6/22/88 11/12/87 IMP RECEIVED REDUCED RETAINED FORF EXON PLAN IMP SEC NO. AMOUNT DATE DATE AMOUNT DATE DATE ------- ------------- ---------- -------- -------- ---------- -------- -------- ROAD : St Tr � DRAIHGE: SEWER � WATER � GEOLOGY: FNC/WAL: PAVING � PARK � ST LGT � ROAD PLAN INFORMATTO lNOEX4 PERMlT#: DATE, l.O.# : DATE/ ROAD ST. TREES ____ ---------- MAJOR ________MAJOR ; IMPROVEMENTS: SECOND : INSPECTION � LOCAL : TOTAL � CASH DEPOSIT DATE REC'D : EST DATE : B & T FEE DATE REC'D EST DATE ; PLAN SIGNED DATE : PIANO : PRINT IN � SOILS TEST REQ : RPT ENGRS EST APP'O � � . June 13, 1990 Los Angeles County Public Works Dept. P.O. Box 1460 Alhambra, Ca 91802-1460 ATTN: Luke Guggenheim RE: Tract Numbers 36813 and 42582 - Release of Geology Bonds Dear Mr. Guggenheim: The Anden Group, Developer of the subject tracts located in the City of Diamond Bar has requested that the Geology Bonds for these tracts be released. The requirements as set forth by the Engineering Geology Section, for rough grading approval for the subject tracts have been certified as complete by Pacific Soils Engineering, Inc. The City Engineer for the City of Diamond Bar, RKA, Civil Engineers, Inc., has reviewed the files and field inspected the subject tracts and recommend5the release of the Geology Bonds. Sincerely, Ronald L. Kranzer City Engineer R L K: W F L: n b: 2293: d b2: 36813 &42.582 - t�: _- .may ,am'g � 'g.°y' �"` WJ`�'�' �,,. ��'.✓�`."7.."a ....... rt a .F AGENDA NO. in CITY OF DIAMOND BAR AGENDA REPORT --------------------- COUNCIL DATE: AUGUST 24, 1990 COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER' SUBJECT: SURETY BOND RELEASES FOR TRACT 36346 Ahmanson Development, Inc., the developer of the subject tract is requesting the release of the surety bonds guaranteeing improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond; Bond Number: 4083256, 4083445, 5343862 Amount: $360,000.00 for Grading $ 5,000.00 for Inspection $ 5,311.00 - Sub Division Bond Surety: Home Savings and Loan Association 3731 Wilshire Blvd. Los Angeles, Ca 90010 Principal: Ahmanson Developments, Inc. 1370 S. Valley Vista Dr., Suite 100 Diamond Bar, Ca 91765 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the L.A. County Director of Public Works. RLK:BLV:nb:2481:cc-db2:bondrel\tr36346 (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 Terrence L. Belanger City Manager City Attorney Assistant City Manager 7/24/90 AHMANSON DEVELOPMENTS, INC. 1370 SOUTH VALLEY VISTA DR, #100, DIAMOND BAR, CALIFORNIA 91765 • (714) 860-5400 July 12, 1990 City of Diamond Bar 21660 East Conley Drive, Suite #190 Diamond Bar, CA 91765-4177 Attn: Mr. ,Tack Istik Dear Mr. Istik: Ahmanson Developments, Inc. respectfully requests release of the following surety bonds for Tract #36346 in the City of Diamond Bar, California. BOND NO. AMOUNT 534386 $ 5,311.00 4083256 $ 360,000.00 q t", 4083 $ 5,000.00 Thank, you, Jerr Groves Lard Development Engineer cc: B. Bent _. JG : slm } 0th .. 4 a SUB -DIVISION BOND GRADING BOND ROAD DEPARTMENT INSPECTION FEE RECEIVED JUL 16 1990 Rolf KRANZFR & ASSOC. 0 9 AHMANSON DEVELOPMENTS, INC. 1370 SO(JTH VALLEY VISTA DR, #100, DIAMOND BAR, CALIFORNIA 91765 - (714) 860-5400 June 28, 1990 Citv of Diamond Bar 21660 East Cooley Drive, Suite #190 Diamond Bar, CA 91765-4177 Attn.: Mr. Jack G. Istic Dear Mr. Istic: On June 28, 1990, Mr. Jack Ozderk reviewed corrections he had requested be made prior to release of surety bonds. Mr. Ozderk said the corrections were satisfactory. Ahmanson Developments respectfully requests release of surety bonds for Tracts #36346 and #40489, City of Diamond Bar, California. Number Amount 4083256 $ 360.00 Grading Permitvz 4083445 $5000.00 LA County Road Dept. Inspection Fees T Tha you, ha Jerr Groves Land Develooment Engineer JG: s1m RECEIVED RON KRAHZER & ASSOC. IPA7,10JECT, I S/TE IVA i AGENDA No. CITY OF DIAMOND BAR AGENDA REPORT August 22, 1990 COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEERI�� SUBJECT: GRADING BOND REDUCTIONS FOR TRACTS 31850, 42564, 35576 Bramalea California, Inc., the developer of the subject Tracts is requesting the reduction of the grading bonds guaranteeing the subject improvements based upon the satisfactory completion of 75% of the improvements per approved plans. The retention is necessary to insure completion of the remainder of the improvements. The City Engineer has reviewed the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council reduce the following grading bonds as shown: Tract 31850 Bond Number: Original Amount: Reduction Amount: Surety: Principal: FISCAL IMPACT: None Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: 83SB-100426695 $406,000.00 $304,500.00 The Aetna Surety & Casualty co. 100 W. Broadway Glendale, Ca 91210 Bramalea California, Inc. One Park Plaza, Suite 1100 Irvine, Ca 92714 (Narrative continued on next page if necessary) ---------------------- Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney 7/24/90 -- ------ ------- Terrence Belanger Assistant City Manager City Council - September 4, 1990 Bond Reductions - Tracts 31850, 42564, 35576 Tracts 42564 & 35576 Bond Number: Original Amount: Reduction Amount: Surety: Principal: 83SB-100410746 BCA $414,000.00 $310,500.00 The Aetna Surety & Casualty co. 100 W. Broadway Glendale, Ca 91210 Bramalea California, Inc. One Park Plaza, Suite 1100 Irvine, Ca 92714 Page 2 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the L.A. County Director of Public Works. RLK: W FL: n b:2471: db-cc2: bond re I\31850-42.564 kb�+c�.rGiY, rti. Na. aZ !e$a 1F�1'.�' a a- t t •e C�c r J • - ` - v i Y• . kv Al- 0 Ln f ,5•. YY•Y , G ' .fes .gra ' ,i �� � � . zzt ' o 'w,wr,. =; �'-•° �j d�ri �0 1, • ,ON •�1,. � y �`o `�• �`7 c9' ' p`9nZ yry wowwO -� r--•--- — e., q.1 rN.• r '1 ••• • .►; .1••x.1 ,� •, �..:1 Bramalea California, Inc. One Park Plaza, Suite 1100 Irvine, California 92714 (714) 851-3131 Executive Offices May 29, 1990 Mr. Ronald L. Kranzer City Engineer CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765-4177 Re: Grading Bond Reductipns Tracts 42564, 31850✓& 35576 Dear Mr. Kranzer: %.90 We would like to request a reduction to the grading bonds, which were posted with Los Angeles County, for the above referenced tracts. I'm enclosing a copy of a letter dated June 9, 1989 from our engineer to Mr. Steve Wright at L.A. County Building and Safety. Apparently, this reduction has not been processed. I talked with Mr. Wright and he stated his files had been turned over to the City and he didn't have information to research this reduction request. I've also talked to Barbara at the City of Diamond Bar and she couldn't find anything in the tract files. Please let me know if there is anything we need to submit for processing of our reduction request in accordance with the attached letter. Please note that Tract 42572 is also shown on the letter but has subs ccrj-- :tly been released ii: total. Sincerely, BRAMALEA CALIFORNIA, INC. Trudie Wilson Assistant Project Director TW: al Enclosures RECEIVED MAY 3 0 IM RON KRANZER & ASSOC. Commercial • Residential • Industrial Developers % W. R. LIND 44 South Chester Avenue Pasadena, California 91106 (818) 449-3161 June 9, 1989 Department of Public Works San Dimas Building and Safety Office 201 East Bonita Avenue San Dimas, California 91773 Attention: Mr. Steve Wright Dear Sir: Re: Grading Permit No.'s 7113, 4552 and 3966 Rough grading has been completed and rough grading certifications submitted to the Department by the supervising Grading Engineer and the Soils Engineer for the subject permits. The rough grading geotechnical reports have also been submitted by the Soils Engineer and approved by the Department. I would like to request that the bonds submitted as part of grading permits No.'s 7113, 4552 and 3966 be reduced according to the estimates below. Grading No. of Fine Grading Landscaping Total Original Permit No. Tract No. Lots Estimate Estimate Bond Amount 7113 42572 22 15,400 26,400 $41,800 $108,920 00��w 4552 31850 22 15,400 26,400 $41,800 $406,000.00�� 3966 42564, 89 62,300 106,800 $169,100 $414,400.00 35576 If there are any questions, please call. Very truly yrs, Shigl(,iam�ie SY:tc!!!!!!13 f, CONTRACT TUS REPORT THE ETNA AALTY AND SURETY COMPANY`�r • Hartford, Connecticut 06115 uFE &caswacry `�-1 / Va / Date this Notice Mailed October 13, 1989 Bond No. 835E 100410746 BCA Name of Principal BRUM LEA L: Address 315I AIRWAY AVENUE F '1/ !'U j 1'. Amount of Bond $ 4142000.00 Date of Bond 10/6/89 ADDRESS YOUR REPLY TO THE AETNA:CASUALTY AM SURETY COMPANY 100 L1= BROADWAY MF NC ALE, CA 91210 &I -Ory Ol"V, L,Q���,Ia�✓p Bw.e Description of Contract SUBDIVISION BCM — EXCEPT DELAWARE —jam ;TRACT 42564 & 35576 C,RADDU PER 41T SECURTrY According to our records, contract for which above bond was given should be completed about 10/6/90 Kindly fumish particulars indicated below. Yours truly, THE (ETNA CASUALTY AND SURETY COMPANY By Ione B. Duce, Attorney -in -Fact PARTICULARS RE T-�Ei- Original Contract Price . . . . . . . . . . . . . .414,000.00 Additions to Contract . . . . . . . . . . . . . . $ Total $ Deductions from Contract . . . . . . , . . . . . . $ Payments received to date . . . . . . . . . . . . . . $ Earned Estimates due . . . . . . . . . . . . . . . . $ Retained Percentage Withheld . . . . . . . . . . . . $ If Contract Not Completed, probable date of Completion is If Contract Completed, please state Date of Acceptance _ Remarks Date DD: 12/12/89 Total Contract Price $ Total $ Amount of Contract Uncompleted $ 19` It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely anexpression of opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the agent of the owner. Owner: By: Title: CAT. 449119 •1S-83E.M) 5-77 The language of this form is acceptable to the SAA. PRINTED IN U.S.A. RrCEIV50 AUG 0 8 1996 CLAIM FOR DAMAGES RESERVED FOR FILING STAMP Claims for death or for injury to person or personal property or growing crops must be filed within 6 manthsof the occurrence which caused the injury. All other claims must be filed within one year. See Government Code 911.2. Read the entire claim before filing. Attach copies of estimates, bills, re- ceipts, and all other documents in support of the claim. Attach separate sheets for diagrams and additional information, ff needed. SIGN EACH SHEET. CITY OF DIAMOND BAR, CALIFORNIA NAME OF CLAIMANT DATE OF BIRTH OCCUPATION Nicky Li Chan 11-12-1970 Student ADDRESS OF CLAIMANT HOME PHONE WORK PHONE 967 Silvertip Dr Diamond Bar, CA 91765-714/861-9666 N/A MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE 71.1 W. Valley Bl, #300 Alhambra, CA 91803 Atty Michael Lo 818/289-8837 DATE, TIME & PLACE OF OCCURRENCE 4-3-90 10:45A.M. Diamond Bar Bl intersects Grand .Avenue DESCRIPTION OF OCCURRENCE Claimant was westbound on Grand crossing Diamond Bar Blvd intersection, another car was eastbound on Grand making a left turn onto Diamord Bar Blvd and struck claimant. NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS City of Diamond Bar _ EXPLANATION OF WHY PUBLIC ENTITY IS RESPONSIBLE FOR INJURY, DAMAGE OR LOSS The signal light design was defective in that due to the volume of traffic and the slope on Grand, a left turn arrow signal light should be installed from Grand to Diamond Bar North, NAMES, ADDRESSES & PHONE NUMBERS OF WITNESSES & DOCTORS Witness: Kienvenido Fermin Pomuceno 21566 Running Branch Diamond8Bar8917765 Doctors: Dr. Tony Lam 2440 S. Hacienda Bl, #105 Hacienda Hts, CA 91745 Willow Pomona . Medical Group 189 W. Willow St, #A Pomona, CA 91768 818/961-306' DESCRIPTION OF INJURY, DAMAGE OR LOSS . Tel: 714/629-3930 Client suffered Hangman's Fracture, Cervical 2 -Fracture, left leg & back AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) over $200,000.00 August 6 '90 Nicky Li Chan SIGNATURE URE yr CLAIMUT OR REPRESENTATIVE _ DATE TYPED OR PRINTED NAME CLAIM MUST BE SIGNED WARNING Presentation of a false claim is a criminal offense, , and filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72, t72L-o- Jd- 9/1 7) � 0 (:39 �r. August 17, 1990 ATTN: Linda Burgess Diamond Bar City Clerk FROM: Rosemarie Teresa De Pass Claimant RE; Claim for Damages form Dear Linda, Thank you for sending this claim form to me. I have filled the form out completely'and I am submitting it back to you. Enclosed you will find four estimates I received within the last week regarding the damage obtained on August 6, 1990. I have given you the original forms and have retained copies of these estimates for my records. Please let me know once you have recieved these documents. I suspect I will be hearing from this office soon. Again, thank you for your time and concern. Sinoprely, Rosemarie De Pass CLAIM FOR DAMAGES RESERVED FOR FILING STAMP Claims for death or for injury to person or personal property or growing crops must be filed within 6 monthsof the occurrence which caused the injury. All other claims must be filed within one year. See Government Code 911.2. Read the entire claim before filing, Attach copies of estimates, bilis, re- ceipts, and all other documents in support of the claim. A ttach separate sheets for diagrams and additional information, if needed. SIGN EACH SHEET. CITY OF DIAMOND BAR, CALIFORNIA NAME OF CLAIMANT DATE OF BIRTH OCCUPATION Rosemarie Teresa De Pass 01/31/65 Student ADDRESS OF CLAIMANT HOME PHONE WORK PHONE 21157 Silver Cloud Drive Diamond Bar, 595-5204 Same MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE 21157 Silver Cloud Drive Diamond Bar, Ca 91765 Rosemarie DePass 595-5204 DATE, TIME 8 PLACE OF OCCURRENCE August 6, 1990 11:30 am to 2:00 pm 21'157 Silver Cloud Dr DESCRIPTION OF OCCURRENCE I had parked my car in front of the house just after 11:00. Between 11:30 am. and 2:00 pm I fell asleep and was awakened by my mother who told me a limb from the tree located on the parkway had fallen onto the car. When I awoke the whole car was covered with the branches of the limb. Once the branches were removed I could see the damage left by the tree. NAMES OFPUSLiC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS No public employee is res on ible / City TrpLm is r sponGihlP EXPLANATION OF'WHY PUBLIC ENTITY IS RESPONSIBLE FOR INJURY, DAMAGE OR LOSS The tree is located on the parkway between the sidewalk and the street. The'tree then is the responsibility of the city_ and not that of the property owner(s). NAMES, ADDRESSES hPaZNeE1NUA4eRSOdSiI NESSES&nnfT�iiver Cloud Drive 595-5204 uts MIM uvry UI- INJURY, DAMAGE OR LOSS The automobile has severe damage to the roof of the car as well as the hood. Also side panels on the right side of the vehicle have scratches. the trunk area has several scratch marks. Near the left door and windshield is added damage. ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) I have 4 estimates for the damage obtained on August 6, 1990 All of the estimations are the original documents recieved by the subsequent body shops. SEE ATTACHED ESTIMATES SIGNATURE OF CLAIMANT OR REPRESENTATIVE DATE TYPED OR PRINTED NAME August 17, 1990 Rosemarie De Pass CLAIM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense, and filed with the Clerk of the Public Entity. . punishable by fine and imprisonment. See Penal Code 72. DATE?�—/&­.'�; PUENTE HILLS AUTO BODY 1't,- ST�-!VTON /CITY OF INDUSTRY, CALIFORNIA91748 / (818)964-7100 CUSTOMER III Co. ADDRESS —7 PHOWIF C),5� 9 1 MAYEAR r BODY STYLE ..... LICENSE �O. �--; ........... VIN'3 MILEAGE ........... Soles Tax $ ............... �3-7-4�jC OPENITEMS ADVANCE CHARGES S ESTIMATE TOTAL S ................................................ The .6.—is an estimate based on our inspection and does not cover any additional parts or tabor which may be required after the work has been started. Oc. cas—all y of ter the .0 khas been started damaged or broken parts are discovered which are not evident on the first inspection. Because of this the obo,. guaranteed. Old parts removed from car will be soved unless. otherwise instructed in writing. No vel, 'c es —11 be released until Insurance Deductibles have been paid. we — 11 nor be , esPon s 1 b, e for loss or damage to your car or its contents by fire, theft, accident or any other cause beyond out control. LAW PRINTING CO., INC. (213) 387-7231 THIS ESTIMATE IS ACCEPTABLE FOR 30 DAYS FROM DATE ABOVE JT NO, 55576 Lobo, Paris 3......_ ..... �--; ........... Sublet$ .................................... ........... Soles Tax $ ............... �3-7-4�jC ADVANCE CHARGES S ESTIMATE TOTAL S ................................................ The .6.—is an estimate based on our inspection and does not cover any additional parts or tabor which may be required after the work has been started. Oc. cas—all y of ter the .0 khas been started damaged or broken parts are discovered which are not evident on the first inspection. Because of this the obo,. guaranteed. Old parts removed from car will be soved unless. otherwise instructed in writing. No vel, 'c es —11 be released until Insurance Deductibles have been paid. we — 11 nor be , esPon s 1 b, e for loss or damage to your car or its contents by fire, theft, accident or any other cause beyond out control. LAW PRINTING CO., INC. (213) 387-7231 THIS ESTIMATE IS ACCEPTABLE FOR 30 DAYS FROM DATE ABOVE JT NO, 55576 COMPUTERIZED .4 WHEEL ALIGNMENT DATE INSURANCE CO. ___ ADDRESS POLICY -CLAIM OR - ADDRESS MODEL -STYLE Aladdickox Coach & Carriage Works Since 1928 AUTO TRUCK & BUS Frame Axle & Refinishing 15120 E. Valley Blvd., City of Industry, Calif. 91744 Phone: (818) 968-6430 ADJUSTER CAR OWNER YR -MAKE SERIAL OR 10 NO. FOREIGN AND DOMESTIC UNIBODY SPECIALISTS NO PERSONAL CHECKS) ACCEPTED PHONE -� LICENSE NO. MILEAGE THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS STARTED, WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. INSURANCE DEDUCTIBLE MUST BE PAID BEFORE CAR IS RELEASED. INSURANCE DED. $ 3 ESTIMATED BY: BUREAU OTIVE REPAIRING CERTIFIC 29663 METAL LABOR- J •.� C $ T $_ r� MECHANICAL LABOR_ a $ _ $ REFINISHING LAB PARTS NET . . . ... ..... . $ PAINT MATERIAL & NET ITEMS ... .. . S f1 , ) SALES TAX . ...... ..... . ... $ ' -7, TOWING & ADVANCE CHARGES . ... $ GRAND TOTAL s I Repair Replace DESCRIPTION OF LABOR OR MATERIAL LABOR FARTS METAL MECH. I PAINT PAIN' MATERIAL 8 .NET ITEMS 1 2 3 5 c� - 6 .- - 8 9 10 12 13 14 15 16 17 -) 19 Ll 20 21 22 TOTAL THIS ESTIMATE IS BASED ON OUR INSPECTION AND DOES NOT COVER ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN STARTED. AFTER THE WORK HAS STARTED, WORN OR DAMAGED PARTS WHICH ARE NOT EVIDENT ON FIRST INSPECTION MAY BE DISCOVERED. NATURALLY THIS ESTIMATE CANNOT COVER SUCH CONTINGENCIES. PARTS PRICES SUBJECT TO CHANGE WITHOUT NOTICE. THIS ESTIMATE IS FOR IMMEDIATE ACCEPTANCE. INSURANCE DEDUCTIBLE MUST BE PAID BEFORE CAR IS RELEASED. INSURANCE DED. $ 3 ESTIMATED BY: BUREAU OTIVE REPAIRING CERTIFIC 29663 METAL LABOR- J •.� C $ T $_ r� MECHANICAL LABOR_ a $ _ $ REFINISHING LAB PARTS NET . . . ... ..... . $ PAINT MATERIAL & NET ITEMS ... .. . S f1 , ) SALES TAX . ...... ..... . ... $ ' -7, TOWING & ADVANCE CHARGES . ... $ GRAND TOTAL s I ms - Free Estimates MORAN'S RESTORATIONS AUTO BODY & PAINTING 2141 UNIT "O" EAST PHILADELPHIA ONTARIO, CA 91761 (714)923-2330 Auto Restorations Foreign/Domestic REMARKS OPEN ITEMS ADD71ONAL Work OK'd By _ ...... ........................ _....... TO.............................. (Svc Advisor) DATE...............................AM Time PM .................... AMOUNT....................... PARTS PRIDES based on Standard Catalogue, & Price CHANGES WITHOUT NOTICE. Service Charges may be added for special items not available locally. REPLACED PARTS JUNKED, unless Owner asks Return of Parts when order is placed. Above estimate based on this inspection. Additional Parts or Labor maybe required after the work has opened up damage previously obscured. ESTIMATE EXPIRES 30 DAYS AFTER DATE. My car will be driven by your employees to make required tests at my risk, An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. I hereby waive the Statute of Limitations and If any action on this account requires employmentof an attorney 1 agree to pay 1-12 % interest per month, which is annual percemage rate of 18% from date, reasonable attorneys tee and court costs. I have read the above, received a copy, and above work hereby authorized. (Owner/Agent) By .................__.................................... ............. Date HRS. @ BODY. OR C HRS. ESTIMATE OF REPAIRS J BODY FRAME-MECH. MOTOR a (net) PARTS, a responsible for loss or damage to cars, or articles left in cars. In case of tire, theft, accident or any other cause beyond LABOR LABOR SUBLET -NET a Lu % ¢ R.0.2 DATE J NAME \ '-%� f`� 7 % i� f% f 'r!�I1�— BUS. ^ RES. ADDRESS :;�% �J i : _ 71 J G l�y ✓`�K r' PHONE? ; , _ v1I ) I ` PHONE �/ ZIP 1� CiTY'`>� r , 1 CODE % ,- INS. CO. OWNER PAYS $ ' ADJ.- YR. & MAKE moi/ 1ODEL J ii / ; BODY STYLE _ LICENSE MILES PHONE SERIAL "21 ` { _ `' ��� li % rel ✓'s*'/ �' ,�` � / � .i a r i - REMARKS OPEN ITEMS ADD71ONAL Work OK'd By _ ...... ........................ _....... TO.............................. (Svc Advisor) DATE...............................AM Time PM .................... AMOUNT....................... PARTS PRIDES based on Standard Catalogue, & Price CHANGES WITHOUT NOTICE. Service Charges may be added for special items not available locally. REPLACED PARTS JUNKED, unless Owner asks Return of Parts when order is placed. Above estimate based on this inspection. Additional Parts or Labor maybe required after the work has opened up damage previously obscured. ESTIMATE EXPIRES 30 DAYS AFTER DATE. My car will be driven by your employees to make required tests at my risk, An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. I hereby waive the Statute of Limitations and If any action on this account requires employmentof an attorney 1 agree to pay 1-12 % interest per month, which is annual percemage rate of 18% from date, reasonable attorneys tee and court costs. I have read the above, received a copy, and above work hereby authorized. (Owner/Agent) By .................__.................................... ............. Date HRS. @ BODY. OR C HRS. - - Storage will be charged 48 hours after vehicle enters our premises, or after completed repairs. We are not J BODY FRAME-MECH. MOTOR a (net) PARTS, a responsible for loss or damage to cars, or articles left in cars. In case of tire, theft, accident or any other cause beyond LABOR LABOR SUBLET -NET a Lu 1 ¢ our control. assumes nor authorizes any other person to assume for it any PARTS LIST & PAINT SUB TOTAL . INSURANCE DEDUCTWE MUST BE SALES TAX _ PAID BEFORE C/ IS RELE,, ED. Adv. Charge _ TOTAL $ _ Estimated By ' - 5 8 r'✓ „? �' — '� n /071 12 13 14 ": 15 / ✓ /` U r , ,��,__ -:� 16 ✓ it 17 Jj 18 j i 19 20 21 22 REMARKS OPEN ITEMS ADD71ONAL Work OK'd By _ ...... ........................ _....... TO.............................. (Svc Advisor) DATE...............................AM Time PM .................... AMOUNT....................... PARTS PRIDES based on Standard Catalogue, & Price CHANGES WITHOUT NOTICE. Service Charges may be added for special items not available locally. REPLACED PARTS JUNKED, unless Owner asks Return of Parts when order is placed. Above estimate based on this inspection. Additional Parts or Labor maybe required after the work has opened up damage previously obscured. ESTIMATE EXPIRES 30 DAYS AFTER DATE. My car will be driven by your employees to make required tests at my risk, An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. I hereby waive the Statute of Limitations and If any action on this account requires employmentof an attorney 1 agree to pay 1-12 % interest per month, which is annual percemage rate of 18% from date, reasonable attorneys tee and court costs. I have read the above, received a copy, and above work hereby authorized. (Owner/Agent) By .................__.................................... ............. Date HRS. @ BODY. OR C HRS. @ _FRAME MECH. . (net) PARTS, DISCLAIMER OF WARRANTIES PAINT MAT'L The seller, hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty, of SUBLET NET merchantabil tyor fitness fora particular purpose, and neither BODY MIAT'L assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products. SUB TOTAL . INSURANCE DEDUCTWE MUST BE SALES TAX _ PAID BEFORE C/ IS RELE,, ED. Adv. Charge _ TOTAL $ _ Estimated By .D IIoY ODY 22064 Valley Blvd. T® WINGj714, Walnut, Calif. 91l789 595-9448 174► 595-3584 CAR OWNER ADDRESS PHONE NO. DATE MAKE YEAR SERIAL NO. PROD. DATE BODY STYLE J LICENSE NO, `MILEAGE -{' 4 ,! W- INSURANCE CO. CLAIM NO, .> ADJUSTER a s i a DESCRIPTION LABOR HOURS PARTS MATERIAL SUBLET 4+ �.'._ r y '�.-. s�-_F...._�' 7'�-it•.-_i �c�''1 jr ,;�? _r�1t.,^{ p� •S 3 :tet• Al 'r I -'-..', ! :✓ '?f fel :,; % ✓ �+ "X f ` tri ESTIMATE OF REPAIRS BAR If AA 137231 TOTALS: 1 hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees permission to oper- LABOR �- ate the car, truck or vehicle herein described on streets, highways or else- where for the purpose of testing and/or inspection. An express mechanic's lien is hereby HOURS r`r i-4/ acknowledged on above car, truck or vehicle to secure the amount of repairs thereto. You will not be held responsible for loss or dam- age to PARTS t r " t r! vehicle or articles left in vehicle in case of fire, theft, accident or any MATERIAL Other Cause beyond your control, PARTS PRICES SUBJECT TO INVOICE SUBLET ` TAX WORK AUTHORIZED BY: PRIOR TO AND STORAGE - - + ESTIMATE PREPARED BY: TOTAL: S --.z ' CLAIM FOR DAMAGES RESERVED FOR FILING STAMP Claims for death or for injury to person or personal property or growing crops mustbe filed within. 6. months'of the occurrence which caused the injury. RECEIVED, All other claims must be filed within one year. See Government Code 911.2. '��'� Read the entire claim before filing. Attach copies of estimates, bills, re- ceipts, and all other documents in support of the claim. Attach separate sheets (• D9 for diagrams and additional information, if needed. SIGN EACH SHEET. TO CITY OF DIAMOND BAR, CALIFORNIA NAME OF CLAIMANT DATE OF BIRTH OCCUPATION _ \7 qtr mCrn 4i- \-t- 1q 3 arae mcLkk,r- ADrD��AESS OFC IMANT /� HOME PHONE WORK PHONE `�'�� d n o .A -A a. ,n n -A MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE nn rte (�t�c3 r i n \ Q \ o.` c_ �Y `'n CILT r'll aV � ��`R�m.'c ^�t NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJUR , DAMAGE OR LOSS EXPLANATION OF WHY PUBLIC ENTITY IS RESPONSIBLEFOP INJURY, DAMAGE OR LOSS QCGi7JS C2 T @r� A L Ci'�. O. C C' f CQ+f S' & o R NAMES, ADDRESSES & PHONE NUMBERS OF WITNESSES & DOCTORS r�� r o ve/C+:��- DESCRIPTION OF INJURY, DAMAGE OR LOSS ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) SIGNATURE OF CLAIMANT OR REPRESENTATIVE DATE TYPED OR PRINTED NAME qo CLAIM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense, and filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72. iRECEIVED AUC CLAIM FOR DAMAGES RESERVED FOR FILING STAMP Claims for death or for injury to person or personal property or growing crops must be filed within 6 months,of the occurrence which caused the injury. All other claims must be filed within one year. See Government Code 911.2. Read the entire claim before filing. Attach copies of estimates, bills, re- ceipts, and all other documents in support of the claim. Attach separate sheets for diagrams and additional information, if needed. SIGN EACH SHEET. CITY OF DIAMOND BAR, CALIFORNIA NAME OF GLAIMAN I DATE OF BIRTH OCCUPATION ,F. FF WR&-rrP_s 9/09/5-7 SAGS F�1C��N�El2 ADDRESS OF CLAIMANT NOME PHONE WORK PHONE / 581 01A1n'AA10 SAe B_ tlD, &gffiDMD 2482 619 71 y- g, /- 56 15 Sa- c76 t - 7I 8 MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE 158I .DllirnbA1.? &9F_ 8LU.D, 01'q"- o B,tJQ1 Gtr q)765 .JEFF GrJAc.,:�TCQS 7y-Fpl--SMS )qPP2vX 3=36a.m,TaW4ofxe*,ogv'57_ S GJAS ,�2r�;.,urr nl� "�/ �! G/iCYYNT.�`li C�fi'.e •G�-U.O. . fJ,�P,2r3r�X.-h�:nllx Ti�/E :�Ti�>�:;cG%�diJ AT!.�4.:F0 A;JEiJiJE, JUST Pfo_-r THS z U64'y sunk°}.vim e_E/J7r"e � ,e a j i u -;a ':�'WC.2�TE CUPB /YIn 2/e9L 7i/�9? .HA�i �EEnJ �E"r>?d✓Edi TSE �'EA -- ISGRrt/✓� P(/,ePDSFs. THIS CAUSEO �9sv /r�//Y'EO>>4TE �%dl1l�iT D��YIY LEFT /�AfT T12EivCLu'Ji,�Xr G�4mNl TD 7;4f GEi� F2dNT wNEE� ei✓>9. 1J61ET,UES� .PDQ esli�'lR7�/,-Q Gy S I=l��rn 7!/E C6u f�1�>� Cv2.eE.�3TLY UU �lzv�/1Cr C1�uS72��c1�t/ 771 T i�i4� �t�JLCED c�JT Bey ^J '0 T/4) j42E61 1YIA� eF® NAMES OFPUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS 11)1A EXPLANATION OF WHY PUBLIC ENTITY IS RESPONS19LE FOR INJURY, DAMAGE OR LOSS �, hN4 �.��Ti�IAIIN ZArEl 2DG e � ✓9� �isT,P�c.�r�ni ee�,.Js ,o:.a :s;J /.vr9�"�klr9TE" Tab a� d�>4/Jim u Cvn!'c,.FEfi� .OESers fes" �i� c�rJ"�Lsl�uG*c CD.�/ST.PlJ(;T/C�'J R7' ?%✓E r.�rTE•e�G i �crJ d,�' �j�r>?a�vo c'x� P BL-v.o �.v,� CcP}IN17 f /E. /�fD 1L :1 S OEBE'r5 LtJi95 tj35EA'tll-fl STy?Ce�O U!' �i2 7fr'�T i>?/r �E �"-r� c �eoa� 4/4� /n/ TIC A�-�yDr�NL� S'iiG.L H,t�G /ci6T +�E.� A?F./�?d'✓EO di'2 i9AT��..� Ca�if'>�1E.0„ NAMES. ADDRESSES & PHONE NUMBERS OF WITNESSES & DOC TORS 7?VO �4'500L csF r a� p E;�2 f1PA 7rylEnrf i9T Ti�.'E /9Lr�.�Pd 'P�E3c (D�'PG iTG THE '�x� Svo'd>v IcE �i�JTC2 } nt�� TL> THE .cls; SE d ?�/E i m,�'AcrstD 8zcr�trJ'f; /Y�TuJEv� kD �i9mE5E� T.9.EE"e+/ A'. _ . �rimE. DESCRIPTION OF INJURY, DAMAGE OR LOSS L C- FT P•P�7�JT T1 E'Lt�c �Z+�1�vT A.�tD ESE�Er� �2.:1T AZ U �'1 /•VUsYj/�IL E t- .2J/Y/� /1Fi�l%i2/nJlz .P�P�r9� 1",u OF TJaPE ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) T.2.6 — �j05.51 SCS Ai1��'E�v G SIGNATURE OF CLAIMANT OR REPRESENTATIVE DATE TYPED OR PRINTED NAME ��z ze� fiVrMUST BE SIGNED I WARNING: Presentation of a false claim is a criminal offense, filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72. I I DIV. O7Y. STOCK NO. UN AMOUNT OF SALE I PRICE (CASH PRICE, DESCRIPTION OF PARTS ALI PARTS NEW UNLESS OTHERWISE SPECIFIED ' I i IIDG 79. 95 49999 Vi VES " - OttRO 3. � I 2 DBRD 12. i9 ..:. 19006 I � OURD . S. FILL IN PARTS BELOW I WHEN TIRFS ARE INCLUDED IN THIS SALE vo- J0.x © xI MOUNT TIRES MERCHANDISE TOTAL AS SHOWN lin<luding tax) I INFLATE TO TOTAL AMOUNT y ]�� Rf PSIi OF SALE + V RATE 7C DEPOSIT I LF Ps, BALANCE I W/ W 1 OUT ❑ No. (� (/ INFLATE TO R\ R PSI i INFLATE TO l LR Psl WHEEL LOCKS DYES OR ET' S r' I TO S PSI SA TIRES a SEARS, ROEBUCK AND CO. (wFxs` COMPLETE AUTO INSPECTION ELECTRICAL EXHAUST SYSTEM PREVENTIVE MAINTENANCE SYSTEM -� (Assembly shown an back) SCHEDUIFD -- SCHEDULED 150 LA PALMA AVE A t4 w - ISON- WITH 11ONTHLY 41TEMENT:OR FOR RETURN OR EXCHANGE ,3317 0512681028 2964 50095 ' 77860 TIRE IIDG 79. 95 49999 Vi VES " - OttRO 3. ..: 19007 igt3 TIr"c: iajCHNG.. DBRD 12. i9 ..:. 19006 ROAD HAZARD OURD . S. _0E9.856001989210 8138190 2 SC TT SA!_ESCHECK -0- 5_1268$02,033 5-1268$ J 033 37 V\ 6A O— i NOTIeE TO OUR CALIFORNIA CUSTOMERS A buyer of this product in California has the right to have this product serviced or " epa3 g the warranty period. The warranty per!60 will be extended for the number of wh a days that the product has been out o e buyer's hands for warranty repair f a defect exists within the war- ra period, the warranty period will not xpire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been per- formed due to delays caused by circum- stances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed. the buyer may return this product for a re- placement or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect the protections or remedies the buyer has under other laws. CAR LOCATION CHECKED BTRUNG BY i Sold:3'1 ,(2j,4 -TO CREDIT 4' 0 317 8 . Address City SALES CA H CH E l DAT ORDER NO. QUAN PART NUMBER DESCRIPTION LIST NET PRICE PRICE TOTAL AMOUNT ��iSZ �Jo -c eZ U �I = O Z NCO to o o) a =o0 �Q o Zao 5� 02C) U CC: Wc C f - L N LL OD C w 3 G >C Q CG Q Lo c p ii aLL�- 0 Z � o m Dec 0 ir X� RECEIVED BY - X WHOLESALE. RESALE °m NOTICE: 10% SERVICE CHARGE ON ALL MERCHANDISE RETURNED. NO REFUND AFTER 10 DAYS. • NO REFUNDS WITHOUT THIS INVOICE. ELECTRICAL PARTS AND SPECIALr ORDERED ITEMS NOT RETURNABLE. SEE REVERSE SIDE FOR WARRANTY WHOLESALE TAXABLE RETAIL rnx TOTAL�� -Z (, o LL 02 a N w m = O Z NCO to o o) a =o0 �Q o Zao 5� 02C) U CC: Wc C f - L N LL OD C w 3 G >C Q CG Q Lo c p ii aLL�- 0 Z � o m Dec 0 ir X� y~� °m u V0 o LL an`� a0 n: S s AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT August 29, 1990 COUNCIL DATE: September 4, 1990 TO: THE HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER , FROM: RONALD L. KRANZER, CITY ENGINEERi- SUBJECT: AMENDMENT - ANNEXATION TO COUNTY LIGHTING DISTRICTS - PROJECT 129-64, TRACT 31941 This is an amendment to said annexation to the County Lighting District, which was approved at Council's regularly scheduled meeting of March 20, 1990. (Exhibit "B") L.A. County Department of Public Works amended the boundaries of this project as indicated on Exhibit "A". The monetary consideration to the City of Diamond Bar in having this area annexed to the County Districts is zero. This annexation will have no effect on the present evaluation of the City's street lighting program. RECOMMENDATION: It is recommended that the City. Council adopt the attached resolution, as prepared by Los Angeles County, 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. RLK: n b:2444: db-oc2:tr31941.1t2 (Narrative continued on next page if necessary) FISCAL IMPACT: None Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: RE ----ED Y' - ----- -------------------------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange City Manager City Attorney Assistant City Manager 7/24/90 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 of County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Department of Public Works. C C P T T AM 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 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. SECTION VI The City Clerk shall certify 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. 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 W . EXHIBIT "A" uj O � ` ' W V, p � Q Y • a � y 1r 4, O o V z 0 W � Q O j CQ tiP W . EXHIBIT "A" uj � ` ' W V, p � Q Y • a � y 1r .n O o V z W � tiP -y\yd• jd 1 tJ S N `QZQA :s It, O W 3n07� W . EXHIBIT "A" W fo C. T ' La p Cp Or AD 1.3 N, lSfNilfts%��m % X, -,T 7K vpq LL lift: r CX -Ij a f �.N In— EXHJBIT '%Bo e. MARCH 20, 1990 PAGE 3 Resolution 90-26 Adopted Resolution No. 90-26 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 134-57 MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA=1 CITY OF DIAMOND BAR ZONE PROJECT 134-57. Resolution 90-27 Adopted Resolution No. 90-27 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 132-57 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 132-57. Resolution 90-28 Adopted Resolution No. 90-28 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 129-64 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64. Resolution 90-29 Adopted Resolution No. 9.0-29 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 136-57 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 136-57. Resolution 90-30 Adopted Resolution No. 90-30 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS.ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 108-47 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 108-47. Resolution 90-31 Adopted Resolution No. 90-31 entitled: RESOLUTION County Lighting GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF Maint. District LOS ANGELES IN THE MATTER OF COUNTY LIGHTING Zone Proj. 266-97 DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 266-97. Resolution 90-32 Adopted Resolution No. 90-32 entitled: RESOLUTION State Highway OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR Electrical APPROVING THE AGREEMENT FOR COST-SHARING OF STATE Cost -Sharing HIGHWAY ELECTRICAL FACILITIES IN THE CITY OF DIAMOND BAR. Bond Reduction Approved reduction of $175,000 Surety Bond by Private Drain $131,300 for Storm Drain/Drainage Improvements, 1820, Unit 1, Private Drain No. 1820, Unit 1, Tract No. 31941. Tract 31941 Resolution 90-33 Adopted Resolution No. 90-33 entitled: A Exchange of Prop A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Local Return DIAMOND BAR, CALIFORNIA, AUTHORIZING AND Transit Funds APPROVING THE EXCHANGE OF PROPOSITION A LOCAL for FAU Funds RETURN TRANSIT FUNDS TO THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION FOR REGIONAL FEDERAL -AID URBAN HIGHWAY FUNDS. J?�y O" pS,NCi" t 4UFORN�p THOMAS A. TIDEMANSON, Director July 18, 1990 COUNTY OF LOS ANGELES RICEI ED DEPARTMENT OF PUB�IkIl.;QI3iS 900 SOUTH FREMONT AVENU I i I ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-510.0 ®- f= G 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 129-64 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: T-3 850.22 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 this area to the subject lighting districts. 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, T. A. TIDEMANSON Director of Public Works VRS:dh/P12964 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 22, 1990 COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: TRANSFER OF PRIVATE DRAIN NO. 1808 TO FLOOD CONTROL Private Drain No. 1808 was constructed in 1988 as partof the improvements in Tract No. 43162. Subsequently, the drain was inspected and approved by the Los Angeles County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. RECOMMENDATION. It is recommended that City Council adopt a resolution requesting the Los Angeles County Department of Public Works Flood Control Element to accept the transfer and conveyance of Private Drain No. 1808 for future operation, maintenance, repair and improvement. R LK, W FL: n b: d b-cc3: d r 1808, rpt (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: REV.- WE ---- ------------------------ i --------- Robert L. Van Nort Andrew V. Arczynski Terrence Belanger City Manager City Attorney Assistant City Manager 7/24/90 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1808 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there have been dedicated to, or the City has otherwise acquired, the storm drain improvements and drainage system known as PRIVATE DRAIN NO. 1808, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operations, maintenance, repair and improvement; and WHEREAS, the City and the Los Angeles County Flood Control District entered into an agreement dated June 20, 1989, and recorded March 20,1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles, whereby the City made certain warranties about its future transfers and conveyances of Flood Control facilities to the District; and WHEREAS, the best public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof of the Board of Supervisors of the Los Angeles County Flood Control District, the City Engineer is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance, and that the Mayor is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements, and drainage until all rights of way for said drain now vested in the City and all other necessary rights of way therefore have been conveyed to and accepted by District. Reference is hereby made to District Drawings No. 313-F96.1-96.5, the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. BE IT FURTHER RESOLVED that the transfer and conveyance hereby requested are subject to each of the warranties described in the Agreement between the City and the District dated June 20, 1989, and recorded March 20, 1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles. Such warranties by the City are incorporated here by this reference. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ATTEST: CITY CLERK day of ,1990. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: day of , 1990, by the following LYNDA BURGESS, City Clerk City of Diamond Bar OhADINGPERMIT SECURITY COUNTY OF LOS ANGELES DEPARTMENT OF PLIOLIC WORKS-�ND_N0: 831B-100426695 pUILDIN4 AND SAFETY DIVISION PREMIUM: $4,872.00 91109 ALL HEN AT IMES( PRCSCHISS SCCURlIT NUMUCR Bramalea Limited, an Ontario, Canada Corporation 3151 Airway Avenue, Suite N .! Cotta Mesa. Calif. 92626 Cslifoyt146, .. prsrclpal, and THE AETNA CASUALTY AND SURETY COMPANY w�iiurety, see bold sud "(poly bound ul'lo the County of LCIS ANCIt(S s boo al to of the $1st► of Csltforuln, In the nu• of FOUR HUNDRED StX TASAND p - - F' t !ss'!ul manse 0f Sl1s Unlltd SIel46, fur like psytole,lt oiiich sell and Italy to bt sads'ae ,kt�tiX�p+Ind ourselves, Jointly •lid severally, (,writ 4r rheas prssentsr M nod `sealed snd'T" 28TH g � d•t`w -fit►! � day of DECEMBER ly $7 -` uuC1iCAS, an annllcelton by 111a shove"named "prirtc.:i.p,!l, has been &ods to lilt OCPAIIIIICN) Of PUOtIC.uuRKS, COUNIT Of LOS ANCCICS, Divta,oet of 0uild`i`iry--..aekd Safely for tilt issusnes, la Asia principal, of a per&ll to perform eacevatlou or fill work"'"ovA•.bolh wilhit toe Anyelss &are apsc4licsil> described in the, p lcsllun for srt,g,P rsWas'," ocaliah wned y 44)4 principal kllowil 6e lot 1 blo'ck tri t lacsl,ty�: M e4at so street address of in scc dto pfuwf6tune of Chapttt 70 of the los Angles County Uuelding Cods, and IIN(N(A$, los Angeles County Ouilding Code, Chaplet 70, requires as s condition prs- Cedenl to lite lssuvoct of $Aid patoll 41141 lilt p(lnclps) $pall (veil Is 6 ateutilr In the 6u♦ ♦bows nosed to the Couhty of los Angeles, condit4onad as I4atalhsfl6r set follh4 NOW, I IIs 0C1 UAC to 111 If the principsl ,brill well slid truly torply vlt11 all 1114 sppllcsblw rtqultsoshlt of los Angeles County Building Code, ClispLet 70, and 12) If all of the Work tequltod to be dols# complies with all of tie (cess end tondl- Ilo,.$ of the ecf"It for saeavallou or fill at bolh to (he sstlsfactlun a( 111& Oulldsng Official Men title obligation .hall be voldl othstaJoe it (hall rga61at In full force and attack. It Is understood lilot the lloblllly of the princlpel slid suroty uppu (his security 01,611 be la ef(CCt (tow the dote hereof u1d teAe111 !h offset until list rooplello„ Of the work In compllsucs with all lerals slid cuuditlons of 4644 Cr N trip htr•it slid until final approval 1hffo0( by Lite Uulldiug U(flcttl. It is Nether underatouA tial lite Couuly of toa A„ycles, of ti,e euttly, of Louth, or site suthorlted tepreseulotive of ellhef, 61,411 have tie 1`1104 to enttf lilt .Lova dcacribc4 ptuyerly (or the purpUne of >t,si+ect4ng the work, sud should 1114 princlp6l delllull In list perfut.utce of any of the ler•• land eonaiLloua of the CfadJnq Pttoll, Ute •told County, of sufaly, or 110111, at eggs,& of either, shell Jt.vc list rlgnt of access to lbs properly '-no &oy complete lits eatk necessary for co&pli6nce with 964ulreoonts of sold Uulldrng Cods, Cis#pler 10. Yhers the walk requlrlug thlo bond to IOC*twd 0111114 an /ncarPofsled city aria the County of los AhgtIts 1e the euforcerenl n901ser0 the ohligalto„ of tilts Iscurlly shall Include Litt incorporated city w11er4 4114 work le to be pa((atl.ed. In ouch case the wordo "Ueparl&out of Public waIkO, Coul,ly of los Auyelao. Uuild- lag sold Sefcly Division" slid "Ouildlny Olflcial" shall &sail such Uepatt.4nl slid Official respectively will!# acting, respect Awe ly, ss lls# sppfuprtsts dcpetlaanl and official of such city. like words "los Anyotles County Uu11d4t.g Code* &sou lie bulldlu9 Code or olhet ordlnauce 1louing provislut.a it.s w1»# 646 at 6ubslatl- Llslly 61.114( to Chapter 10 of said too Angeles County Ilullding Code. IN YIINCSS wicnror the prinlcpsl and. surety Caused title sscurily-to be caccultd tib. 44y 4014 yes( first "bows written. Bramalea Limited, an Ontario, Canada Corporation (5661) Ptlnclp6lBv: Surety THE AItNX,QA0ALTY AND, SURETY COMPANY (.11114 security Aust be 6eknowledged both 42 to principal s suftty b#farl t No(�r Yubllet) total 11411.:ny Addr4:S of Su(etyl lon U",±- '111—Agy.l­TC��Y� @�QA___n_.�y3n r' AGENDA NO. -------------------------- CITY OF DIAMOND BAR AGENDA REPORT ----------------- DATE: August 22, 1990 COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: TRANSFER OF PRIVATE DRAIN NO. 1842 TO FLOOD CONTROL Private Drain No. 1842 was constructed in 1988 as part of the improvements in Tract No. 42534. Subsequently, the drain was inspected. and approved by the Los Angeles County Department of Public Works based upon the satisfactory completion of the improvements per approved plans. The City Engineer has reviewed the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council adopt a resolution requesting the Los Angeles County Department of Public Works Flood Control Element to accept the transfer and conveyance of Private Drain No. 1842 for future operation, maintenance, repair and improvement. RLK:WFL: nb:db-cc3:drl 842.rpt FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: - $ Revenue Source: (Narrative continued on next page if necessary) `= -------------------------- -- - -------- Robert L. Van Nort Andrew V. Arczynski Terrence Belanger City Manager City Attorney Assistant City Manager 7/24/90 4 RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1842 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there have been dedicated to, or the City has otherwise acquired, the storm drain improvements and drainage system known as PRIVATE DRAIN NO. 1842, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operations, maintenance, repair and improvement; and WHEREAS, the City and the Los Angeles County Flood Control District entered into an agreement dated June 20, 1989, and recorded March 20, 1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles, whereby the City made certain warranties about its future transfers and conveyances of Flood Control facilities to the District; and WHEREAS, the best public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the acceptance thereof of the Board of Supervisors of the Los Angeles County Flood Control District, the City Engineer is directed and ordered to prepare all necessary instruments and documents, including deed, to effectuate said transfer and conveyance, and that the Mayor is authorized and instructed to execute said deed and other instruments and documents. District shall have no obligation or responsibility to maintain said storm drain, improvements, and drainage until all rights of way for said drain now vested in the City and all other necessary rights of way therefore have been conveyed to and accepted by District. Reference is hereby made to District Drawings No. 313-F94.1-94.2, the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. BE rr FURTHER RESOLVED that the transfer and conveyance hereby requested are subject to each of the warranties described in the Agreement between the City and the District dated June 20, 1989, and recorded March 20, 1990, as Document Number 90-545570, of the Official Records in the office of the County Recorder for the County of Los Angeles. Such warranties by the City are incorporated here by this reference. w The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVEDAND ADOPTED this ATTEST: CITY CLERK day of '1990. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 1990, by the following LYNDA BURGESS, City Clerk City of Diamond Bar AGENDA NO. 14, CITY OF DIAMOND BAR AGENDA REPORT DATE: August 24, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Tseday Aberra, Administrative Analyst SUBJECT: Candlelight Vigil- "WORLD SUMMIT FOR CHILDREN" BACKGROUND: On September 29-30, 1990, the first "WORLD SUMMIT FOR CHILDREN" will be held in'I New York City. In order to bring worldwide attention to the commitment of children and the elimination of hunger, candlelight vigils are being organized in cities all over the world. The City of Diamond Bar will be holding a candlelight vigil on Sunday, September 23, 1990 at dusk in support of the "WORLD SUMMIT FOR CHILDREN" week. RECOMMENDATION: It is recommended that the City of Diamond Bar support the candlelight vigil by providing two four-hour deputies to control traffic flow during the event. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: Elia --------------------------------------------UU�-t_-r----- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange City Manager City Attorney Assistant City anager AGENDA NO.� CITY OF DIAMOND BAR AGENDA REPORT DATE: August 24, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Tseday Aberra, Administrative Analyst SUBJECT: Contest - "HOW WOULD YOU RID YOUR COMMUNITY OF DRUGS" BACKGROUND: The Diamond Bar Improvement Association (DBIA) is coordinating a contest through the Walnut Valley School District and Pomona School District for children in the Elementary, Junior High, and High School levels. The theme of the contest will be "HOW WOULD YOU RID YOUR COMMUNITY OF DRUGS". The contest will run from September 10 through September 28, 1990. Led by Della Sewell, Special Resources Teacher as head judge, approximately 30 individuals will assist in the determination of .a winner. Each contestant will be judged according to compliance with theme, clarity and feasibility of solution, and originality. The DBIA will award $1000 bonds for three 1st place winners from each category. At this time, the City of Diamond Bar has not developed a policy concerning donations to community organizations. However, the City Council has earmarked $3000.00 which is to be distributed to community organizations, pursuant to a yet to be determined community organization support policy. The Council may wish to consider the formulation of a community organization support policy and such policy's implementation, through the establishment of a Human Resources Commission. In absence of such a policy, the City Council may wish to consider the request of DBIA (or any other community organization) on a case by case basis. RECOMMENDATION• It is recommended that the City of Diamond Bar contribute $500.00 from Community Promotion Fund as additional prize for winners of the contest. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ 500.00 Budgeted Amount $ In Account Number: 001-4095-2355 Deficit: $ Revenue Source: k:y4l ------------- ------------------- Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney W V-/PU V � c l Terrence L. Belan r Assistant City Manager AGENDA ITEM NO. 17 ORAL PRESENTATION Appendix H. Sample Local Proclamation Whereas 40,000 children die worldwide every day from malnutrition and disease, and over 50 million of the deaths during the decade of the 1990s are easily preventable with today's technology; Whereas U.S. child poverty, infant mortality and school achievement are among the worst of all industrialized countries, with 40,000 children dying in this country every year; Whereas leaders of six countries have called for a World Summit for Children in New York City on September 29-30, 1990, to address the pressing needs of children; Whereas our citizens are concerned about the health, education and welfare of children everywhere; Whereas adults and children of this community- are holding a Candlelight Vigil on Sunday, September 23, 1990, to mobilize our leaders to participate fully in the World Summit for Children; Now, therefore, I do proclaim this to be World Summit for Children Week. 58 265 Vigils scheduled in 28 countries As of 18 July, Barbados, The Gambia, Jamaica, Mexico, New Zealand, Pakistan, Sweden, and Venezuela have joined the following 20 countries in organizing 265 Vigils worldwide: Argentina, Australia, Bangladesh, Brazil, Cameroon, Canada, the Czech and Slovak Federal Republic, France, Great Britain, India, Japan, Kenya, Mali, Nigeria, Peru, the Philippines, South Korea, the United States, the U.S.S.R., and West Germany. Over 40 editorial writers on 19th July conference calls 42 editorial writers from the United States and Canada will participate in two conference calls with UNICEF Executive Director, James Grant, on 19 July. Participating newspapers include The New York Times, New York Daily News, Dallas Morning News, Atlanta Journal/Constitution, and the Toronto Globe & Mail. For audio tapes of the calls, please send $2, payable to "Children's Vigils," to the Children's Vigils office. Mark "Editorial Call Tape" on your letters please. Summit and Vigils featured on V.O.A. and Arsenio Hall On 7 August, Sam Harris, Global Vigil Coordinator, will be featured on a Voice of America radio interview to discuss the Vigils and Summit. Actress Carol Kane will appear on the Arsenio Hall Show later this month. National Public Radio, the Discovery Channel, and the Christian Science Monitor TV program are the latest to commit to airing pieces on the Candlelight Vigils and Summit. Vigil song translations In Argentina, Piero, a well known Latin-American singer, has offered to record "In Our Hands" in Spanish. If you are planning to translate the song, please contact International Vigils Coordinator, Kylie Langdon, at the Children's Vigils office. Official U.S. Vigil candles sent Official U.S. Vigil candles have been sent to all U.S. Vigil sites. Produced by Newviile 88 Corporation, each "torch candle" includes a plastic cup, stamped with the Vigils logo, to protect the flame from the wind and to protect against dripping wax. Candles may be ordered from Newville 88 in lots of 500 by calling 1-800-387-1044. Bi -national Vigils planned A Vigil is being organized for 16 September on the Mexican -U.S. border south of San Diego, California, as a prelude to worldwide Vigils the following week. A joint Canadian -U.S. Vigil will be held on the border between Detroit, Michigan, and Windsor, Ontario. Olympic torch lit again for Vigil The torch lit for the 1988 Winter Olympics in Calgary will be lit again during the Calgary Vigil. This will mark only the second lighting of this torch since the 1988 Olympics. The prior lighting was in honor of the Queen's visit. Also in Canada, Former Cabinet Minister, Lloyd Axworthy, is organizing a Vigil in Winnipeg, Manitoba. Children's Vigils, 236 Massachusetts Ave., NE, Ste. 300, Washington, D. C. 20002 Phone (202) 546-1900 - Far (202) 546-3228 German media coverage The text of the 1 June New York Times advertisement is being translated into German. The ad will appear with European and American celebrity names as a full page ad in Der Spiegel Magazine (circulation over 1 million) and a one quarter page ad in Suddeutsche Zeitung, a national newspaper. RIAS Television, seen in Berlin and East Germany, recently telecast a 4 112 minute segment on last month's World Summit for Children press conference in Washington, D.C. The segment included a special section that focused on what could be accomplished if children were to become a world-wide priority. Actor Raul Julia promotes Vigils On 7-8 July, actor Raul Julia spoke with 90 TV and newspaper journalists about the World Summit for Children and Candlelight Vigils. Mr. Julia was promoting his upcoming film, Presumed Innocent, when he spoke with journalists from the U.S., Canada, Sweden, West Germany, and the U.K. Washington, D.C. event office opened The organizing office for the Washington, D.C. Vigil was opened early this week in downtown D.C. Anyone interested in volunteering for this event, please contact Kelly Paisley and Rick Leach, Washington D.C. Event Coordinators, at (202) 828-8376. Trade, Union Federation endorses UK Vigils Britain's federation of 78 Trade Unions, TUC, representing 8.5 million members, has become one of that country's 15 organizations endorsing the Vigils. The United Kingdom now has 24 Vigil sites. Harry Belafonte featured at 4 September press conference Harry Belafonte will host a press conference on 4 September in Washington_ , D.C. Details of the event will be available in the next newsletter. U.S. postcard campaign launched The U.S. postcard mobilization campaign was launched during a 14 July conference call. Over 300 volunteers at more than 70 U.S. Vigil sites participated in the call. The campaign has a goal of gathering 100,000 postcards to President Bush in the weeks prior to the Vigils. The cities of Denver, Colorado; Miami, Florida, and Washington, D.C. each committed to collecting 5000 or more postcards. For more information or to get involved in this campaign in the U.S., contact Alex Counts at the Children's Vigils office. Two other U.S. conference calls are planned for 11 August and 8 September. Vigil hosts who would like to be included on these calls should contact Peter Rickett at the Children's Vigils office. Some international countries may be having a postcard or petition campaign. Either contact your national coordinator or Kylie Langdon at the Children's Vigils office for further information. U.S. media response and global media kits A celebrity press conference will be held on 2 August in Los Angeles, California. The event will kick off a week of local press conferences and postcard signing events at more than fifty sites across the U.S. between 4 and 11 August. The events will serve to launch local Vigils and to draw awareness to the World Summit for Children. Children will be involved in a variety of creative ways, signed postcards and children's letters will be delivered to the White House in Washington, D.C. Local media "how to" packets are being sent to all U.S. Vigil sites to assist hosts with future activities. For more information, call Chris Kappaz at the Children's Vigils office. Summit could be largest in history As of 18 July, at least 45 heads of state or government have agreed to attend the World Summit for Children, making it potentially the largest gathering of its kind in history. Summit preparatory meeting in Ottawa The fourth World Summit for Children preparatory meeting will take place in Ottawa, Canada on 27 July. Personal Representatives of all heads of state or government expected to participate in the Summit will be present. The World Summit Planning Committee now numbers 30 countries. World Summit for Children Candlelight Vigils I will assist the organizers in my city. If there are no organizers in my city, I will organize a vigil. I want to support the vigils with a tax-deductible contribution. My check in the amount of $ payable to Children's Vigils/RESULTS Educational Fund is attached. Name (Print) Address City State Zip Phone(h) (w) Mail to: Children's Vigils, 236 Massachusetts Ave. NE, Ste. 300, Washington, D.C. 20002 Come and shine a light on the needs of children SEPTEMBER 23 ■ 1990 in observance of I\ World Summit for Children Children's Vigils 236 Massachusetts Ave., NE Suite 300 Washington, DC 20002 International Summit advertising campaign in September The International Herald Tribune, published by the Washington Post and The New York Times, will run a four-page supplement on the Summit in its 29-30 September weekend issue. The weekend supplement will highlight issues that the Summit will address. The international newspaper anticipates extensive pre - Summit coverage as well. BSB Dorland Advertising, Ltd., headquartered in London, in partnership with UNICEF Greeting Cards Operation, is organizing a free promotional campaign on issues affecting children. The firm has affiliates in 41 countries. The campaign will begin with a late -September print advertisement, and will continue through December with full-page advertisements and television spots. Space commitments already include Time, Newsweek, and the International Herald Tribune. Ads will be available for use in NGO and other publications following the Summit. For more information, contact: Ms. Bonnie Berlinghof, UNICEF/GCO, 333 East 38th St., New York, NY 10016, USA; Fax 212/503- 0374, Phone 212/503-0315. Summit information kit expected at end of month The printed Summit Information Kit, provided by UNICEF, will be available in English by the end of July. French and Spanish versions will be available by the first week of August. Photocopied texts (in English only) have been sent to all UNICEF regional and country offices and National Committees for local language versions and adaptation. The printed Kit will contain an overview by Peter Adamson; seven articles on malnutrition, childhood disease, children and AIDS, clean water, the environment,.: education, and children's rights; and photo sheets and graphics of the Summit brochure, "Giving Children a Future." South -South talks Heads of state or government and ministers from 15 developing countries -- 11 of them members of the World Summit for Children Planning Committee -- met in Kuala Lampur, Malaysia on 1-3 June to discuss the importance of the Summit and the need to place "children first" as a basis for future economic development. The 0-15 countries are Algeria, Argentina, Brazil, Egypt, India, Indonesia, Jamaica, Malaysia, Mexico, Nigeria, Peru, Senegal, Venezuela, Yugoslavia, and Zimbabwe. A note from the Editor Many thanks to all who have contributed items to Vigil Voice, and to UNICEF for ideas on the content of this newsletter. To help update and inspire everyone on the status and planning of the Vigils, please submit items about local events around the Summit and Vigils to: Editor, Vigil Voice, 236 Massachusetts Ave., NE, Ste. 300, Washington, DC 20002 (phone and fax at bottom of page 1). When reporting, please include where and when the event took place and who participated in it, including full names and titles of participants and notables. Also include direct quotes from speeches and interviews. With thanks, the Editor. The degree to which we respond to the needs of children today, will determine the state of the world tomorrow. C. Payne Lucas Executive Director Africare ,seerEnmcu rs • ivco • �� it it r � i► I1 World summit for Children 236 Massachusetts Ave. NE, Suite 300 Washington DC 20002 Phone: 202/546-1900 FAX: 202/546-3228 us Honorary co-chairs Hon. Jimmy Carter Hon. Gerald Ford US Celebrity Co•Chmts Harry Bekdonte Jeff Bridges Valerie Harper US. Advisory Committee Ahiorue CARE Child Welfare League of America Children's Defense Fund Christian Childreris Fund Did Hunger Network Foster Parents Plan The Hunger Project National Council for International Health National Student Campaign Against Hunger and Homelessness RESUMS & RESULTS Educational Fund Save the Children U.S. Committee for UNICEF World Runners World Vision VWH Coordinator Sam Harris "Giij/it a candle fir the fi tire of children eveipilhere" July 16, 1990 A GLOBAL CALL TO ACTION It is estimated that 40,000 children die each day throughout the world from malnutrition and disease with 40,000 child deaths each year in the U.S. The vast majority of these deaths are preventable. On February 8, U.N. Secretary General Javier Perez de Cuellar announced a World Summit for Children to be held September 29-30, 1990, in New York City. The summit is intended to enhance political commitment for the benefit of children both nationally and internationally. To help focus attention on the summit, candlelight vigils are being organized, beginning in Australia and sweeping around the globe, with a public education and mobilization campaign leading up to the vigils. Currently, over 230 vigils are being organized in 26 countries - Argentina, Australia, Bangladesh, Barbados, Brazil, Cameroon, Canada, Czechoslovakia, France, Gambia, Great Britain, India, Jamaica, Japan, Kenya, Mali, New Zealand, Nigeria, Pakistan, Peru, the Philippines, South Korea, United States, USSR, Venezuela, and West Germany. The vigils will begin late Sunday afternoon, September 23, with games and entertainment, and culminate with speeches, singing and candle -lighting at nightfall. An international campaign is under way to have hundreds of thousands of people send postcards or sign petitions asking that their leaders participate fully in the World Summit for Children. The objective of the candlelight vigils is to mobilize the world's children and adults so that our leaders participate fully in the World Summit for Children and make the following commitments: 1) having children's well- being be a priority on the country's political, economic and social agenda; 2) working for ratification and implementation of the Convention on the Rights of the Child; and 3) saving the lives of 50 million children worldwide this decade, and ensuring their future health, education and opportunity to live a life free of poverty within a sustainable environment. Country -specific addendums will be encouraged. In the U.S., for example, we will be urging President Bush and other officials to commit to making our nation a world leader in children's well-being, so that U.S. child poverty, infant mortality, and school achievement are no longer among the worst of all industrialized countries. For further information or to organize a vigil in your city, write to the Candlelight Vigils office in Washington, DC. "a... our national character can be measured by how we carr far our children " President George Bush 4xlCi&lltto Leaders of the world's two most powerful nations have let themselves be counted. It is now time for real action. Like so many of us, our national leaders are numbed by the enormity of the problem — 40,000 children dying each day from malnutrition and disease. Yet we have within our grasp the means to save almost half of the children under five who die daily — almost 20,000. We have new medical technologies, such as a 10M packet of saline nutrients to combat deadly dehydration; we have low-cost vaccines and vitamins, new ways of delivering medicine, and new communication and educational tools to eradicate the ignorance that helps these diseases thrive. So what can we do? Thankfully, we have at this moment an unprecedented opportunity to influence those at the levers of power. The leaders of six nations (Canada, Egypt, Mali, Mexico, Pakistan and Sweden) have called for a World Summit for Children this September 29-30. Twenty-two other governments have joined them in a Planning Committee to prepare for this first North -South -East-West global summit, which will be chaired by Canada's Prime Minister Brian Mulroney and Pakistan s Prime Minister Benazir Bhutto. "--mankind can no longer put up urith the fact that millions of children die every year...." y� I'resid<•ot Mikhail Gorbachev At this meeting leaders from around the world will be asked to do something bold and courageous — divert more of their attention and resources from current priorities, such as military security, and adopt a policy of "first call for children" A successful World Summit for Children can make the 1990s the decade in which the shameful large-scale deaths and widespread malnutrition of the world's children and the deteriorating quality of life for children in industrialized nations are consigned to history, providing apermanent gift from the last decade of the 20th century to the people of the new century. It may come as a surprise to many that there is now evidence that, by saving young lives, we also reduce the population growth rate. Experience shows that as parents become confident their first children will survive, the birth rate declines. In fact, no country in the world has reduced its population without reducing infant mortality. In the new climate of openness and disarmament, the time is certainly ripe for such a summit. But the truth is that, unless the most influential countries participate fully, the potential of the summit to achieve real positive change will be lost. It's time to back words with action. Steve Allen Woody Allen Jane Curtin Danza George Hamilton France Nu en Under 18 Years OldTon Bess Armstrong Billy Davis, Jr. Kadeem Hardinson Valerie Ha erChad Fdzoard James Ohros Gregory —" Allen Beatrice Arthur Clifton Danis Tr i Hedrea PP Peck Rhea Perlman °My roe oads" Edward Amer Gema Davis Audrey Hepburn Lou Diamond PhillipsMe'Bdav4rv' Bryce Beckham Armand Assante Carol & Dom DeLuise Whitney Houston Stefanie Powers Mayfm Bfalfk Dan Aykroyd Peter DeLuise Raul Julia Rain Pryor ria h Ed y Jr. Robert DeNiro Cara! Kane Sarah Purcell Brian BcMsall nes Harryy BelaBelaf Shari fiaafonte Rosanna DeSoto Danny De Vito Jean & Casey Kasem Nancy & John Ritter body Soleil MoonFrye "Panty Milton Berk Joyce DelMtt Diane Keaton Kevin Kline Kenny Rogers B_Wr. Sara Gilbert Lisa Bonet John Denver Cath & Ken Kragen Cathy 8 Cesar Romero Mark Ragat .�aeg. Sonia Broga Susan Dry Lenny Kravitz Katty Saga/ Beni G o 1 re8 rJ •a4" Beau Bridges Dorothy 6 Lloyd Bridges Jeramie & Richard Dreyfuss Linda Evans Lisa & Kris Kristafferson Vidal Sassoon Staci Keanan My A. oaa:^ /elf Bridges Morgan Fairchild Ste anie Kramer Pf Harvey Korman David Shire Jason Marsden Jackson Browne Peter Falk Martin Landau Frank Sinatra Lari Tee Manarrr stay Carol Barrett Carla. & Lou Ferrigno Abbe Lane Singer Dr. Benjamin Spark Keflir Martin Ellen Burstyn John Forsythe Jack Lemmon Dean Stockwell Ch�stal McKellar Leuar Burton Estelle Getty Los Lobos Sti ria Danica Lynda Carter Sandy Chapin Melissa Gilbertg Danny Glover Bob806 Mackie Patrick Swayze b Lisa Nieni c McKellar -D" n"'d" *..- Cesar Chavez Whoopf Goldberg Melissa Manchester Paul Mwzursk Elizabeth Taylor y Randy Jemmy Miller -Gesr'ng alms' Che /elf Goldblum !+ MarilynMcCoo Travis Lana Turner Daner�r Pintauro ^who,arsos:?- Roy Clark Natalie Cole Cyndi & Louis Gossett, Jr. Grant Kelly McGi/tis Liv Ullmann Chance Quinn Gary Collins Dick Gmgory Jayne Meadows George MichaelJared Jon Wight u ar war Rushton Judy Collins Robert Guillaume Bene Midler Nancy Walker Lesley Ann Warren •'Nosy I sh. ,d the rd,' Josh Saviano Didi Conn Rita Coolidge Steve'Guttenberg Sherry & Buddy Hackett Alyssa Milano Mary Dionne Warwick Thr N6ndr'rt'n" Bill Cosby DridreHall Ann Mobley Mary Tyler Gerry & Dennis Weave Jodie Sweetin Lee CroHJ Veronica Hamel Esaf Morales Daphne Zuniga sCathy Unit yo the rrdy r»•r- V* ask all our fellow citizens to join us in highlighting this opportunity by participating in World Summit for Children Candlelight Vigils on September 23. The vigils win demonstrate to our leaders the widespread public support of dramatic action for children. Candleaght Vrgus ra. mo „p,wrs...ydr: 1 -800 -WE AGREE 4 • Children s Vigils, 236 Massachusetts Avenue NE, Suite 300, Washington DC 20002. (202) 546-19M »r FULL PACE AD APPEARED IN THE NEW YORK TIMES, JUNE 1, 19%. 07he New Nork o7intes WEDNESDAY, JULY 25, ' 1990 A3 U.N. Says Bush Will Attend .Summit Meeting on Children By PAUL LEWIS Special to The New York Tinges UNITED NATIONS, July 24 — Presi, dent Bush and the leaders of six other major industrial democracies agreec at their summit meeting in Houston this month that they would all do their best to attend a "world summit for children" to be held here on Sept. 29 and 30, diplomats and United Nations officials said today. That agreement means that the United Nations is likely to become the site of a major gathering of world lead- ers on those dates, since even before the so-called Group of Seven countries agreed to come a total of 53 other heads of "state and government had said they planned to be there. Two of the leaders ` attending the Houston summit talks, Prime Minister Brian .Mulroney of Canada and Prime Minister Toshiki Kaifu ,of Japan, had also already agreed to attend. But Mr. Mulroney, who will chair the summit meeting on children with Prime Minis- ter Benazir Bhutto of Pakistan, got a personal commitment from the other five leaders during private talks out- side the formal summit sessions in Houston, diplomats and United Nations officials said. Another 15 heads of state or govern- ment have informally told the United Nations Children's Fund, or Unicef, which is organizing the summit confer- ence on children, that they will try to be there. . The fact that President Bush and the government leaders of America's prin- cipal allies now plan to attend the sum- mit conference, diplomats say, makes it increasingly likely that President Mi- khail S. Gorbachev of the Soviet Union will also be there, although he has not yet given a firm commitment. If he does come, the meeting will pro- vide an opportunity for his second face- to-face meeting with President Bush this year. At the summit meeting, world lead- ers are expected to make a broad polit- ical commitment that saving the lives of the 40,000 children who die every day from malnutrition and preventable dis- eases should have "first'. Call",on the world's resources. They are also to adopt a plan setting out specific goals that they hope to achieve by the end of the century. Those targets include the eradication of`polio, a halving of the maternal mor- tality rate, a halving of child deaths caused by diarrhea and a 90 percent re- duction in measles cases. The White House press office refused today to confirm President Bush's plan to attend the summit talks, saying it does not usually announce Presidential appointments so far in advance. The leaders of Britain, France,. West Ger- many and Italy, the other Houston summit participants who have not al- ready said they will come, have also not announced the agreement they made at Houston. But the White House told the United Nations this week that President Bush would deliver his annual address to the General Assembly on Oct. 1, o I N L AN D VImii� Y eti Turning spotlight on kids' problems The World Summit for 'Children will be held Sept. 29-30 in New York. The summit will address severe problems facing our nation's children: 0 Child mortality — Some 46,000 children under five die each year. The under -five child mortality rate in 1988 was 13 per 1,000 live births. Goal: The national under -five - child mortality rate should be reduced to no more than nine deaths per 1,000 live births. • Child poverty — In 1987, one in four babies nationwide, a total of nearly 900,000, was born to a mother who did not receive early prenatal care. Goal: Ninety percent of all pregnant women should begin prenatal care within the first three months of pregnancy. • Homelessness — Every night an estimated 100,000 children go to sleep homeless in the U.S. Goal: Eliminate homelessness in the U.S. by the year 2000. 0 Pre-school education — There is inadequate access to quality daycare and preschool programs which improve children's ability to achieve in school. Goal: Make accessible and provide affordable, quality childcare to all children by the year 2000. • High school completion — One-half million children drop out of school in the United States each year. Goal: By the year 2000, every adult American will be literate and be able to compete in a global economy. a Vulnerable children — in 1986, 2.2 million American children of all socio-economic levels were reported abused, neglected or both, and at least B6 Daily Bulletin, Friday, July 6, 1990 . Opinion 1,200 died. 135,000 children take a gun to school every day. 77,000 children are arrested for drug offenses every year. Goal: Reduce violence against children 50 percent by the year 2000. - Candlelight vigils are being held on Sept. 23 to highlight the summit. Several vigils are being planned locally. Want to become involved? Call me at 861-6363. BEVERLY WERRICO Diamond Bar "IN OUR HANDS" Music & Lyrics David Shire & David Pomeranz Like a little child I've done lots of wishing Hoping it would make the world okay I have wished upon a star Then watched it moving farther away Till today - Nothing comes from waiting for tomorrow Hoping someone else will make it bright It's because of you and me I see a future flooded with light In our hands There's a world in our care In our hands Lies the power we share In our hands It can grow Even more than we know If we all understand All that is in our hands Sometimes when I read the morning paper Something in my heart just wants to scream Thought the world a better place Till one dying child's face makes that seem Still a dream Then I hear my children's morning laughter And I know there's still a choice that's mine Under all the blinding smoke The fires of tomorrow still shine In our hands There's a-worldin our care In our hands Lies the power we share In our hands It can'grow Even more than we know If we all understand All that is in our hands... In our hands In our hands In our hands In our hands of LOS �p • CgCtFORN�P RECEIVED AUG 17 COUNTY OF LOS ANGELES COMMISSION ON HUMAN RELATIONS August 15, 1990 Eleanor R. Montano President Minnie-LopezBaffo Office of the Mayor Vice President City Of Diamond Bar Patricia Russell Vice President 21660 E. Copley Dr., #330 Hay Yang Dic-mn . Bar, CA 91765 Vice President Vito Cannella Secretary Dear Mayor: Gerald J. Alcantar Rev. Msgr. William J. Barry The County Board of Supervisors and the Hunan Relations ConTlisslon Ray Bartlett Albert DeBlanc extends an invitation to your city to participate in the Countywide Morris Kight celebration of CULTURAL DIVERSITY MDNTH in October 1990 by passing a Dr. John Phalen James M. Riewer resolution t0 Support aryl encourage the Concept and spirit Of its Rabbi Martin B. Ryback intent. Catherine G. Stern John Anson Ford (1883-1983) Philip R. Valera This official observance that highlights and values the diversity Rabbi Alfred Wolf within our canTTd7nities is in its 6th year. It celebrates the rich Honorary Members Eugene S. Mornell racial, ethnic, religious and Cultural diversity of our population. Executive Director It continues to be an easy way for groups, organizations, museums, and government to focus on the uniqueness each ethnic group contributes to our carunity. The leadership you demonstrate by passing a resolution will convey a positive message to your constituents. One of the main objectives of Cultural Diversity Month is to reduce prejudice and intergroup tension which often acccrgDanies change, and to focus on the positive aspects of a multicultural ccmTaanity. Enclosed is 1) a copy of the Los Angeles County resolution declaring Cultural Diversity Month, 2) a copy of our Canmdssion newsletter with sane of the 1990 activities and participants, and 3) suggested language for media releases and use in your brochures, newsletters, flyers, etc. (Please send us copies) We look forward to including your city in the Countywide observance with a Proclamation and/or with caniuni.ty events that reinforce the Proclamation. If you have any questions, please call Ccau ssion staff consultants Celia Zager or Mary Louise Longoria at (213) 974-7621. Sincerely, / r Eleanor Montano ERM:AG Encls. 1184 HALL OF RECORDS • 320 W. TEMPLE STREET 9 LOS ANGELES, CA 90012 • (213) 974-7611 • FAX 687-4251 tFEMALE NETWORK SPORTSCASTER (continued from page 1) America's achievers, and has a scholarship foundation to aid high school seniors in the arts. She is well-known as the first female sportscaster and co-anchor on CBS' "NFL Today." Kennedy -Overton will share her view of human relations from her perspective and experiences as a woman of color in the entertainment industry and in the sports world. To make early reservations phone (213) 974-7611. $25 reservations include parking. Updated Directory Now Available The Commission's "Directory of Human Relations and Civil Rights Ser- vices", first issued in 1984, has recently been updated. The publication is designed to be used as a "ready reference" guide. For inclusion in the directory, an organization must pro- vide specific human relations or civil rights services. Such services are those related to hate crime; intergroup tension and con- flict; discrimination based on race, eth- nicity, religion, national origin, sex, sexual orientation, marital status, age, disability or medical condition; and prejudice based on these factors. Services provided by the agencies listed in the publication range from investigation of discrimination complaints to production of cultural awareness programs. Agency phone numbers, addresses, hours of operation, and service limitations are list- ed. The directory also notes service fees, if applicable. The publication, designed for use by persons and organizations which provide CULTURAL DIVERSITY MONTH ANTICIPATED COUNTYWIDE With the month of October rapidly becoming one of the most multiculturally aware times of the year, Cultural Diver- sity Month will again be the time for organizations, museums, businesses and school districts to highlight the ethnic diversity of Los Angeles County's expand- ing population. For the sixth year, the Board of Super- visors and the Human Relations Commis- sion are encouraging city governments, private agencies and discussion clubs to sponsor an event, seminar, speaker or exhibit that focuses on the intergroup exchanges and opportunities for commu- nity enrichment through diversity. A preview of the activities at various stages of planning include: • An international children's art exhibition at the County Hall of Administration through Barnsdall Art Center • Ethnically diverse activities for children at the Kidspace Museum • Special programming by numerous television stations, including KCET and KSCI • Conferences highlighting Cultural Diversity issues A Calendar of Events will be compiled by the Commission and space reserva tions are being accepted now. It will be -widely distributed and publicized. You can receive a packet filled with ideas and sug- gestions on how to become an official part of this countywide Cultural Diversity Month observance by calling the Commis- sion at (213) 974-0816. Cultural Diversity Poster Contest Winner Chosen KCET has announced that Dinorah Martin, a 17 -year-old learning disabled student from McAlister High School in Los Angeles has won the Cultural Diversity Month Poster Contest, held in conjunction with the junior Arts Center, a program of the Cultural Affairs Department of the City of Los Angeles. KCET is joining the Los Angeles County Commission on Human Relations and the Board of Supervisors in the countywide October celebration of "Cultural Diversity Month" to focus on the rich cultural diver- sity and contributions of the various com- munities and groups of the County. The contest was open to entrants 12 to 18 years of age with learning or physical disabilities. The them was "The People in My Neighborhood". The winning artwork is titled "Multi -Ethnic Los Angeles". It is a paper collage technique representing diverse people, During October, KCET will offer pro- grams highlighting the rich cultural heritage of the station's viewing area, according.to Cayleen Nakamura, Community Out- reach Coordinator. A calendar of Diversity Month programs on KCET will be dis- tributed with the poster to several thousand organizations. Partial funding for KCET Cultural Diver- sity Month activities is provided by Kaiser Permanente and Ann Peppers Foundation. LOS ANGELES COUNTY COMMISSION ON HUMAN RELATIONS 11 84 Nall of Records, 320 West Temple Street Los Angeles, California 90012 974-7611 WHY A CULTURAL DIVERSITY MONTH There has been enormous change in the racial, religious, and cultural population of Los Angeles County over the past decade, and we now have larger numbers of more different peoples than any place in the world. This presents us with great opportunities for continuing economic growth and cultural enrichment, but it also creates great problems of increasing prejudice and intergroup tension. Cultural Diversity Month provides an occasion for all of us in the County to celebrate the experiences, traditions, and creative talents of the diverse peoples who live here. More importantly, it provides an occasion to focus on the ways in which we can learn from each other and come to a common understanding of ourselves as a multicultural community with shared goals and values. Eugene S. Mornell , Executive Director PLACE Music Center Grand Hall LOS ANGELES COUNTY COMMISSION ON HUMAN RELATIONS 11 84 Nall of Records, 320 West Temple Street Los Angeles, California 90012 974-7611 LOS ANGELES COUNTY CULTURAL DIVERSITY MONTH Calendar of Events (Partial List) October 1990 EVENT John Anson Ford Awards Luncheon October 11, 12:00 noon KCET/TV - Month-long theme programming Channel 28 and publicity campaign - Public service announcements featuring Archbishop Desmond Tutu - Development of theme poster See October program guide for specific show dates and times `Southwest Museum - Exhibition: Native American Artists, Works on Paper October 7 - 1/6/91 - Museum's Fundraising Gala October 6 Children's Workshop: "Day of the Dead" masks October 20 - Robert Bluestone, Classical Guitarist October 27 - Exhibition: Mexican & Guatemalan Textiles: Selections from the Southwest Museum Collection During October (Over) INFORMATION County Commission on Human Relations 213/974-7611 Cayleen Nakamura 213/667-9526 Cheryl Barton 213/221-2164 Kidspace Museum - Feasts & Festivals (children will design headdresses.) - Story Tales & Puppets --Black Folktales October 3, 2:30 & 3:00 pm October 20, 1:30 & 3:30 pm Hancock County Park - International Festival of Masks - Parade down Wilshire Blvd. 11:00 am - dusk Goethe -Institute Jewelry Exhibition from Germany of Los Angeles California Museum of Science & Industry September 27 - December 31 10 am - 5 pm daily Barnsdall Park Exhibit, "Rediscovery" International Child County Hall of Administration Art Collection (ICAC) 2nd Floor Los Angeles Unified School District L•os Angeles County Superintendent of Schools Los Angeles City Library City of Pasadena City of Glendale Proclamation by Mayor - Display of banners - Cultural film presentations - Multicultural food & entertainment Glendale City Hall Parcher Plaza 613 E. Broadway 12 - 1:00 pm, Mon. - Fri. 2 Lynn Nauman 390 So. E1 Molino Ave, Pasadena 818/449-9144 Teri Knoll Craft & Folk Art Museum Los Angeles 213/937-5544 Margit Kleinman Diane Perlov 2 13 /854 -09 93 213/744-7400 Sandy Fene 4 814 Hollywood Bl Los Angeles 213/485-4474 Bernardine Lyles Multicultural Unit Jo Bonita Perez County Office of Education Downey 213/922-6323 Elizabeth Martinez Smith Ray Ragan 213/612-3332 John Gibbs Human Relations Commission 818/405-4222 Madalyn Blake 520 E. Broadway Glendale 818/548-2060 Avon Products UCLA Faculty Center "Finding a Common Ground," a Community Relations Annual Dinner Conference of Hollywood Roosevelt Hotel Southern California October 25 ( CRCS C ) designed to include 1/3 women Plaza de La Raza Margo Albert Festival of the Arts celebrates twenty years of service to the community October 5, 6 :30' - 12 midnight Los Angeles October 6 & October 7 Theatre Center 12:00 noon - 5:00 pm Watts Health Center Watts Third World Art Festival Theatre - McGowen --A Tribute to All of Our Hall Cultures October 6, 10:00 am - 6:00 pm UCLA, Schoenberg October 7, 1:00 pm - 6:00 pm Avon Products UCLA Faculty Center "Finding a Common Ground," a 2 -day conference on diversity of concerns in feminism with emphasis on cultural diversity; designed to include 1/3 women of color on all levels of planning & implementation October 20 & 21 8:30 am - 6:00 pm both days Los Angeles Play: "August 29th" Theatre Center October 1 - October 14 UCLA, Little Performance Artist: Theatre - McGowen Culture Clash Hall October 11 7:00 pm - 9:00 pm UCLA, Schoenberg - Performance Artist: Hall Ruben Guevara, The Modern Mesoamerican Ensemble October 7, 3:00 pm - Performance: Los Alacranes, Lalo Guerrero October 26 7:00 pm - 9:00 pm 3 Vicki Tamoush 213/484-1810 Gema Sandoval 3540 N. Mission Rd. Los Angeles, CA 90031 213/223-2475 Donald Kincey Watts Health Foundation, Inc. Inglewood 671-3465 x 534 Laura Estrada Pasadena 818/578-8340 Lise Patt Jean Towgood 213 /838-2711 213/221-4998 Ava Avalos Wight Art Gallery Westwood 213/825-5517 Ava Avalos Wight Art Gallery Westwood 213/825-5517 Cindi Dale Ava Avalos Wight Art Gallery Westwood 213 /82 5-5517 UCLA, Melnitz Film Series Theatre in Melnitz - Chicano Feature Filmmaking Hall October 14 2:00 pm - 7:00 pm - Zoot Suit & Alambrista October 21 2:00 pm - 6:30 pm - Gregorio Cortez & Please Don't Bury Me October 28 2:00 pm - 6:30 pm UCLA, Wight Art Gallery Talk: Gallery - To Be Announced Second Floor October 24, 5:00 pm - Classical Guitar Music Joseph Julian Gonzales October 17, 5:00 pm - Performance Artist Luis October 4 7:00 pm 9:00 pm - Chicano Poets #1 October 16 7:00 - 9:00 pm - Chicano Poets #2 October 18 7:00 pm - 9:00 pm - Film Series Teatro Campesino: A Visual Retrospective October 2 5:00 pm - 8:00 pm - Chicano Music on Film October 9 5:00 pm - 8:00 pm Carlos Avila Wight Art Gallery Westwood 213/825-5517 Ramona Barreto Ava Avalos Carlos Avila by Westwood 213/825-5517 Perez - The Films of Jesus Trevino October 23 5:00 pm - 7:30 pm - Chicanas October 25 5:00 pm - 7:30 pm - Chicano History on Film, Labor October 30 5:00 pm - 7:30 pm Los Angeles 10th Anniversary Fiesta Ed Herrera Athletic Club October 13 Hispanic Advisory Council Los Angeles 818/444-1838 VII Christopher Columbus. Quincentenary Jubilee celebration October 8 Guadalajara, Mexico XIVth Biennal Congress September 29 - October 5 KPFK-FM Radio Month-long Cultural Station Diversity programming 4:00 p.m. Tuesdays Wilmington Library Vermont Square Activities around the cultures Library of Africa, China, India, korea, Mexico, etc. Ginger Barnard County Office of Protocol Los Angeles 213/41307 Elaine Gordon International Senior Citizens Assoc., Inc. Los Angeles 213/877-6434 Ken Brown North Hollywood 818/985-2711 Rathna Jacob 5401 S. Figueroa Los Angeles 213/759-3030 ". _ r • • Y Y • 14 LOS r / A 1 9i f' �gCtFORN�P � � �ou�y of �srAt�ies i o_�K Air+ —OCTOBER 199a THERE HAS BEEN ENORMOUS CHANGE IN THE RACIAL, RELIGIOUS, AND CULTURAL PO LATION OF LOS ANGELES COUNTY OVER THE PAST DECADE; AND WE NOW HAVE LARGER N1TM,.BERc OF -,&ORE r cn_rrT nEOpt E-ETHAN ANY P3 -ACE 1N THE WORLD; AND % r � s THIS PRESENTS US WITH GREAT OPPORTUNITIES FOR CONTINUING ECONOMIC 6RCWTH ANDQQCULTURAL ENRICHMENT; AND •JrrIH1S DIVERSITY PROVIDES AN OCCASION TO FOCUS ON WAYS IN WHICH WE CAN LEARN FROM EACH OTHER AND COME TO A COMMON UNDERSTANDING OF OURSELVES AS A MULTICULTURAL COMMUNITY WITH SHARED GOALS AND VALUES: i -s i 7r Sfiatil. f oRE� rfAtSCAVl3Y THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES THAT OCTOBER, 1989 BE DECLARED AS CULTURAL DIVERSITY MONTH AND ALL RESIDENTS ARE CALLED UPON TO REFLECT UPON THE RICHNESS AND UNIQUENESS OF OPPORTUNITY THAT IS AVAILABLE TO US THROUGH THE MULTIPLICITY OF CULTURES IN OUR MIDST. ADOPTED BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES. STATE OF CALIFORNIA Chairman of the Board Supervisor, 3rd District I/_ X Examples of wording for Diversity Month: participating organizations in Cultural i. is joining the Los Angeles County Commission on Human Relations and the Board of Supervisors in the October celebration of Cultural Diversity Month. 2. This event is in celebration of Los Angeles County's CULTURAL DIVERSITY MONTH. DR. AHMAD SARK Dr. Ahmad Sakr was born in Beirut, Lebanon. He received his academic education at the American University of Beirut, and the University of Illinois where he got his Ph.D. in 1966. While in Lebanon, he had his Islamic education through tutoring from the present Grand Mufti of Lebanon as well from a large number of Muslim scholars from many Arab countries. He served as Director of the Islamic Center of Beirut. While in America, he was a founding member and president of the Muslim Students' Association of the U.S. and Canada, currently known as ISNA, or the Islamic Society of North America, a mother organization of many Muslim organizations in North America. D r . Sakr was a founding member of the World Council of Mosques whose headquarters is in Jedda, Saudi Arabia. He was the first Director and the representative of the Muslim World League to the U.N. in New York. Dr. Sakr is an educator and has taught in several American Universities and served in numerous administrative capabilities, the last of which was the Acting President of the American Islamic College in Chicago. He was selected as Outstanding Educator in America in 1973, and in 1976/77 was selected as a Community Leader and a Noteworthy American. He also got an honorary citizenship from the Governor of the State of Alabama, and the golden key from both the Mayors of Mobile and Prichard, Alabama. Dr. Sakr is also a Muslim scholar, a field worker, a scout leader, and a public speaker. He has traveled to deliver lectures in 42 states in the U.S. six provinces in Canada, and 25 foreign countries. He appeared on ABC's "Nightline", and has made numerous radio and television appearances as well. He has organized and coordinated many national and international conferences. He has written a series of books and booklets on Islam, food, health, behavior, fundamentalism, and orations. Their number exceeds 32. t,eruer of Nun Gabriel Valley NIDA-UL-IS'LAM Page 9 Real Issues & Concerns of Muslims of Southern California Ahmad H. Sakr, Ph. D. The Los Angeles County Commission on Human Rela- tions held a Public Hearing on "Emerging Ethnic Groups in the Los Angeles County" on Febru- ary 1. 1990. At the request and invitation extended by the Com- missioner to the Islamic Cen- ter of San Gabriel Valley, our Educational Administrative Consultant Dr. Ahmad H. Sakr represented the community and delivered the following paper to the Commission. INTRODUCTION: Muslims in the world are about 1.2 billion and in North Amer- ica there are not less than 6 million. In Southern California, their number exceeds 3/4 mil- lion. Muslims are not to be confused with Arabs. The number of the latter group in the world does not exceed 200 million, while the rest of the Muslims are non -Arabs. Among the Arabs there are Muslims, Christians and Jews. The lat- ter two groups do not exceed 10% Muslims of America in gen- eral and those of Southern California are composed of every ethnic group in the world. The majority of those who live in Southern California are: Afri- can American Caucasians and those who came from India, Pakistan, Bangla Desh, Egypt, Palestine, Lebanon, Lybia, Syria, Iraq, Iran, Turkey, China, Korea, Vietnam, Cambodia, Albania, Yugoslavia and some African countries such as Su- dan, Eriteria, Somalia, Nigeria, Ghana, etc. Muslims of Southern Califor- nia do live in LA County as well as Orange, Riverside and in San Bernardino counties. They did not isolate themselves in ghettos and as such they are facing many problems. In the following presentation we wish to submit some informa- tion about them, their contribu- tions and their concerns. We hope you will be able to recognize their identity, their services and their worries. In so doing a better fu - DR. AHMAD H. SAKR - Born in Beirut, Lebanon. Received his academic education at the American University of Beirut, and the University of Illinois where he got his Ph.D. in 1966. He acquired his Islamic edu- cation through tutoring from the present Grand Mufti of Lebanon as well as from a large number of Muslim Scholars from many Arab countries. He served as Director of the Islamic Center of Beirut. While in America he was a founding mem- ber and president of the Muslim Student's Association of the U.S. and Canada. Dr. Sakr was a founding member of the World Coun- cil of the Mosques whose headqurters is in 7edda, Saudi Arabia. He was the first Direc- tor and representative of the Muslim World League to the U.N. in New York. At present Dr. Sakr is the consultant of the Islamic Center of San Gabriel Valley. Dr. Sakr is an educator and has taught in several American Universities and served in numerous administrative capacities, the last of which was the Acting President of Ameri- can Islamic College in Chicago. He was elected as Outstanding Educator in America in 1973, and in 1976177 was selected as a Community Leader and a noteworthy American. He also got an honorary citizen- ship from the Governor of the State of Ala- bama, and the golden key from both the Mayors of Mobile and Prichard, Alabama. Dr. Sakr has travelled to deliver lecture in 42 states in the U.S., six provinces in Can- ada, and 25 foreign countries. He appeared on ABC's "Nightline", and has made numer- ous radio and television appearances as well. He has organized and coordinated many national and international conferences. Dr. Sakr has written 32 books and book- lets on Islam, food, health, behavior, funda- mentalism, and orations. ture would be established between Muslims and non -Muslims of America. America will not be able to survive and to flourish unless all its citizens are working together for the welfare for all its inhabi- tants irrespective of color, race, national origin, language, relig- ion, position, gender, etc. A. CHARACTERISTICS Muslims of Southern Cali- fornia are not different from their brethern in N. America in their characteristics. The only difference could be the percent of various nationalities or of national origin. The main fea- tures of these Muslims are: 1. Melting Pot: Muslims do constitute the Rainbow and the hues of colors in their commu- nities. They have melted them- selves into one group into local areas irrespective of their vast varieties of ethnic backgrounds. One may visit their community centers and their places of wor- ship to recognize their composi- tions. 2. Universality: Muslims have transcended their geography, territory and national origin. Even in their faith, they have transcended their faith in a way to include all Prophets and Messengers of God Almighty to mankind. In as much as they believe in Muhammad (peace be upon him), they do be- lieve in Jesus, Moses, David, Jacob, Is sac, Solomon, Abra- ham, Ishmail, Noah and oth- ers (peace be on all of them) as messengers of Allah. Muslims do respect and honor those Prophets and their followers. The Christians and the Jews are considered the People of the Book, and Islam demanded from Muslims to live in peace and harmony with everyone and especially with the people of the Book. 3 Education: Most of the Mus- lims in North America are highly educated, and those of S. Cali- fornia are not different. They believe that education is sacred and their religion has recognized knowledge from day one where God demanded from Prophet (continued on page 10) March 1990 P'tge�10 NIDA -UL -ISLAM Islamic Cvntor of Cnn (nhriol V,11 ­ Muslims of S.California (continued from page 9) and all Muslims to read with the name of the Creator, namely Allah. Rarely one can find drop- out Muslims off their schools, rather they try to pursue col- lege and graduate education in almost all fields. 4. Profession: Most of the Mus- lims of North America are in Medicine, in the scientific fields, in technology, industry, teach- ing, and research. Recently they got involved in business related to technology and international export-import. The immigrant Muslims are the least involved in the fields of humanities, social studies, religious, and political sciences. 5. Families: Muslims do believe that the family is the corner stone of a stable society. They believe that there is no sex before marriage or extra- marital relationship. Homo- sexuality and incest are condemned in Islam. Muslims believe that the extended fam- ily is the true family where all the parents, children, grandpar- ents, grand children, cousins, nephews, nieces, aunts and uncles do constitute one solid family. Muslims are asked to respect parents and the elderly. They are to have love, affection to the children too. They are to help one another in matters of dis- pute, financing, jobs, education, and living a happy life. The rate of divorce is minimum and juve- nile deliquency is also minimum. For these reasons, one rarely can find Muslims who are home- less on the streets. At the same time, families are against drugs, alcohol, gangs, robery, etc. B. CONTRIBUTION: 1. American Moorish: Moor- ish Muslims were the ones who brought Columbus to America. Morocco and the Emirates were among the first were to recog- nize the independence of USA. 2. African Americans: African Americans brought from Africa were mostly Muslims. They served the Americans as slaves, work- ers, farmers, and servants for the success of American civilization. 3. New Immigrants: New waves of immigrants have already ar- rived. They are highly educated and they helped the American civilization through their profes- sion. 4. Foreign Students: Foreign students from Muslim countries are about 1/2 million in US and they brought money for their education during their stay. 5. Sears Tower: Sears Tower and John Hancock Buildings were designed by a Muslim architect from Bangla Desh. 6. Families: Muslims are family oriented and they have the least number of crimes, drugs, batter- ing, divorce, deliquency, or school drop-out. They are against all types of vices. In other cities of U.S., Muslims have cleaned their neighborhood from gangs and drug pushers. Officials in LA can learn from the Muslims how to clean their local societies. 7. Integration: Muslisms have the least discrimination. They try to rehabilitate those who need to be rehabilitated. They hate to see homeless, jobless, or needy. They extend their financial help to one another regardless of their eth- nic backgrounds. They have a special system of Zakat for such purposes. 8. Family Counselling: Muslim families, religious leaders, and professors have rendered their help to many disputed families. They were able to resolve such problems amicably without too much trouble and without dis- turbing the court judges, lawyers and police officers. 9. Community Volunteering Services: Many Muslims have already extended their commu- nity volunteering services to Muslims and non -Muslims. They are trained from childhood to extend free services to every person who is in need of them. 10. Health and Morality: Mus- lims have code of ethics regard- ing foods, health, behavior, and morality. Veneral diseases, AIDS, premarital sex and extra marital relationship are the least among the immigrant Muslims. This means less fed- eral money to be spent on such people. 11. Saving City Budget: Most of the American Muslims try to raise money from themselves rather than asking the city, the state or the federal agencies. Whenever they have a public project, they either get it from themselves and/or they seek the help of third world countries. They are an asset to America rather than a liability. 12. Loyalty: Whenever Muslims migrate or accept the citizen- ship of a foreign country, their Ioyalty to that country is deeply rooted in their minds and souls. Muslim of America are very much loyal to their country and they will do their best to protect it, to respect it, to honor it, and to improve its image. 13. Language: There are 10,000 English words originated from Arabic language; and there are not less than 30,000 Spanish words originated from Arabic. :Many of the names of towns, cities and streets in California have originated from Arabic. Even the name of this state (California) itself has come from the Arabic language. C. CONCERNS: 1. Stereotypes: Muslims and Arabs are being abused on TV, Radio, and other mass media. They are associated with PLO, Hostage, Libya, Iran, and so on. Anything that goes wrong in the Middle East, the Muslims of America are to be blamed for that; while other religious and ethnic groups are saved whether Irish, the South African, Latin Americans, or other nationali- ties. 2. Advisory Council: Muslims (continued on page 23) tvtcenic (.,en:er o3 fan Gabriel Valley iVfDA-UL-1SI,bf Page 23 Muslims of S. California (continued from page 10) representation in the city. It is recommended that some have to be recruited to be advisor to the Mayor, and to other official people, if we wish to improve the image of the city, the state and the country. 3. Bilingual Program: All other ethnic groups are making use of the Bilingual Educational Program in the Public school system. They have enough official personal to guide them how to benefit from such program. An advisory com- mittee to the city from the Mus- lims will help all in the right direc- tion. 4. Employment and Promotion: As long as an American citizen becomes a Muslim and/or bears a Muslim name, he/she is defamed directly or indirectly. Their rights are not been given. Jobs in govern- ment are turned away from them. For those who are already employed they will not be promoted easily. It will be next to impossible. 5. Translators: Many of those who migrate legally to this country don't speak English. All ethnic groups have facilities for translators in the Department of Immigration and Naturalization Service except Muslims and Arabs. Somethinghas to be done about it. 6. Textbooks: Many textbooks in the Public schools have wrong information about Islam and Muslims. An Educational Commit- tee is to be appointed to revise these books and corrections have to be made. 7. Festivities: Muslim students in public schools are denied their religious festivities twice a year. Phe same thing is true about .quslim employees in the city and ;overnment jobs. Yet, other relig- ous groups are given permission or their respective festivities. In ether cities in the US, permission Las been granted for Muslims to ake off for their yearly festivities. Weekly Congregation: Mus- ims are to congregate every Fri - ay at noon for their weekly relig- )us sermons and prayers. Jews nd Christians have Saturday and Sunday as holidays and they enjoy their commitment to their faith. Muslims should be granted Friday noon hour to attend their religious services. 9. Zoning Permits: Many Islamic centers were denied the zoning permit for their religious centers, even if they have satisfied all the legal requirements. Sometimes some members of the city council of some local areas used bad words of accusation to the Muslims. ❑ AGENDA NO. 22 - CITY -OF DIAMOND BAR AGENDA REPORT `DATE: August 16, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Kellee Fritzal BACKGROUND: Council directed staff to poll the Planning Commission, the Parks and Recreation Commission and the Traffic and Transportation Committee; regarding the proposal to compensate Commission/Committee members for attending meetings. The response of Commission/Committee members indicates that there is some ambivalence regarding receiving compensation (6 yes, 4 no, 2 no response, and 3 on vacation). In. light of this information, it does not appear to be compelling interest in receiving compensation, for Commission/Committee meetings. RECOMMENDATION• Council consider the ambivalent response, by Commission/ Committee members, in making a final determination as to the compensation of Commission/Committee members. FISCAL IMPACT: (Narrative continued on next page if necessary) Planning Parks & Recreation Traffic & Transportation Amount Requested $9,000 1 $6,000 $6,000 Budgeted Amount $ 0 0 0 In Account Number: 4210 4310. 4230 Deficit: $9,000 $6,000 $6,000 Revenue Source: General Fund General Fund General Fund Robert L. Van Nort City Manager 7/24/90 ----------------------------------- Andrew V. Arczynski Terrence L. Be nger City Attorney Assistant City Manager AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 3, 1990 MEETING DATE: August 7, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrance L. Belanger, Assistant City Manager via Kellee Fritzal BACKGROUND: The City' Council established the policy and authority to compensate members of certain of its Commissions/Committees. Ordinance 25a (1990) provides for compensation to be set for the Planning Commissioners, by City Council resolution. Ordinance 24 (1989) provides for compensation to be set for Parks and Recreation Commissioners, by City Council resolution. Ordinance 28 (1990) provides for compensation to be set for Traffic and Transportation Committee members. Council directed staff to survey cities of similar size concerning compensation of Planning Commission, Parks and Recreation Commission and Traffic and Transportation Committee members. A survey was conducted among 11 cities with populations of 50,000 to 75,000. The cities range in their compensation of commission members, from no compensation to $70.00. The compensation of commission members is based on a per month salary or a per meeting payment. The per meeting compensation plan sets a maximum number of meetings that Commissioners can be paid for in a month; typically three meetings. RECOMMENDATION: It is recommended that the City Council adopt, by resolution, the compensation for the following commissions: 1. Planning Commission members shall receive a compensation of $60.00 per meeting, with a maximum of three meetings per month; 2. Parks and Recreation Commission members share a compensation of $40.00 per meeting, with a maximum of three meetings per month; 3. Traffic and Transportation Committee members shall receive $40.00 per meeting, with a maximum of three meetings per month. It should be noted that each Commission/Committee is scheduled to hold 2 meetings per month. (Narrative continued on next page if necessary) FISCAL IMPACT: Planning Parks & Recreation Traffic & Transportation Amount Requested $9,000 $6,000 $6,000 Budgeted Amount $ 0 0 0 In Account Number: 4210 4310 4230 Deficit: $9,000 $6,000 $6,000 Revenue Source: .General Fund General Fund General Fund cRR EW D BY _ ----�-��L---------------- Robert L. Van Nort Andrew V. Arczynski Terrence LVBelanger City Manager City Attorney Assistant City Manager 8/3/90 +. . RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMPENSATION FOR CITY COMMISSIONERS/ COMMITTEE MEMBERS A. Recitals. (i) This City Council has heretofore adopted its Ordinance Nos. 24 (1989), 25A (1990), as amended, and 28 (1989) providing for, among other things, the establishment of compensation payable to City Commissioners/Committee Members for attendance at Commission/committee meetings. (ii) Said Ordinance provides that compensation for City Commissioners/Committee Members shall be established by resolution. (iii) This City Council now desires to establish compensation for City Commissioners/Committee Members. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby determine and resolve as follows: 1. All aspects as set forth in the recitals, Part A of this Resolution. 2. Compensation for attendance at Commission/Committee Meetings for City Commissioners/Committee Members shall be as follows: a. Planning Commissioners - sixty ($60.00) dollars per meeting for each Planning Commission Meeting actually attended during any calendar month, to a maximum of One Hundred Eighty ($180.00) dollars per month. b. Parks and Recreation Commissioners - Forty ($40.00) dollars per meeting for each Parks and Recreation Commission Meeting actually attended during any calendar month to a maximum of One Hundred Twenty ($120.00) dollars per month. C. Traffic and Transportation Committee Members - Forty ($40.00) dollars per meeting for each Traffic and Transportation Committee Meeting actually attended during any calendar month to a maximum of One Hundred Twenty ($120.00) per month. 3. Commissioners/Committee Members shall be considered at an official meeting and thus eligible for compensation when participating in subcommittee work, as follows: a. The subcommittee is appointed by the chair of the Commission/Committee at a ' regular meeting of the Commission/Committee. b. The subcommittee is charged to study a specific issue, problem or project for the purpose of returning to the entire Commission/Committee with a recommended course of action. C. A City staff member is in attendance at the subcommittee meeting. d. Reports on efforts of the subcommittee are made to the full Commission/Committee. 4. The compensation specified herein shall be effective s the first day of September, 1990. 5. The City Clerk shall certify to the adoption of this Resolution. 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 m � Q Z Q a ao> _ U OC ZM LL Q Cl) 0 Fn U) U � O U W J N O N O 0 W a) C t S O L C N a) L N a) L N ¢ M 0 0 O O 0 0 O N O O N O Q Z OE a) E E E p p Z z w E a>a� :3 CL a a, m a a`� CL E a� =3 a a`> a= E a`) M E E E E act - z z O U F - FL cr Q �. (O M Q O M d ¢ d ¢ U) N d �- Q Q d Z �3 z EH z Z Z Z FA Z Z cc toz F— ¢ W H Z O ¢ p p 0 LU Cncn U) N W Q m d M Ili m N LO N M Q Cc E 'GO E M EA WF 6% 6% 6% 61} E 06 U U U (D Y CC Z z z d CL p O U as z ZN CO M O O O O O M LO O co y d E 69,60 61)6% 6% ie � E J CL U V a O z d O Z z ¢ co m o o o LO n UO (o LO M (O v n r v Q7 (D v co v J M O N M P"L O O N O d �} O (D (D (D co LO (D LO r co O LO r LO M LO O LO CO co O a. ::.::::,:::.:::: ..:::....:........:•::::.:::::..:..:.......................................................................Y ..................,....................,..... W ¢ W C/) ¢ Q a p 0 ¢ m 0 a F- Z z w O O m Z LL O F- W d z } Z a. z:)O CL m Z Z Y r PLANNING: COUNCIL COMPENSATION POLL 3 supported 1 against 1 out of town PARKS AND RECREATION: Q 4 supported 1 against TRAFFIC AND TRANSPORTATION: TOTAL: 2 supported 2 against 1 out of town 9 supporting 4 against 2 out of town AGENDA ITEM NO. 23 NO DOCUMENTATION AVAILABLE (STAFF TO REQUEST CONTINUANCE TO SEPTEMBER 18, 1990) AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Lynda Burgess, City Clerk and Terry Belanger, Assistant City Manager BACKGROUND: During discussions with various computer consultants over the past year, all have recommended that the City consider installing a "network" so that staff members would have the ability to share data. At that time, it was felt that we were not yet in a position to encumber the expense involved and that the number of personal computers involved did not warrant such a sophisticated system. However, with the growth in staff authorized by the City Council for Fiscal Year 1990-91, five more computers are necessary, bringing the total number of persons needing systems to thirteen. Rather than purchasing separate computers and printers for each new staff member to be added, it was determined that the time is now appropriate for installation of a computer station network environment which would create a system of linked, communicative personal computers and printers. However, there has been some concern expressed regarding the extent and cost of technical and support assistance of both the equipment and programs. The issue is whether a 15 to 20 station network requires a full time technical staff person to service and support the network equipment and programs. As a result of the questions raised, the original network proposal has been scaled-down to a two (2) station system (City Clerk's Office). with this smaller network in place, staff can fully evaluate the capabilities of the system and the technical support and service demands. Staff will be evaluating the need for full time technical staff report vis a vis contracted technical service and support on an as needed basis (hourly). Two versions of local area networks are currently available --one which allows only up to eight users on one system which would require the City to purchase two separate systems thus virtually dividing the staff "in half." The other, more flexible version allows for growth up to 100 users should the City require that capability at some point in the future. (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 Terrence L. Belange City Manager City Attorney Assistant City Manager The Request for Proposals is requesting software to provide us the ability to perform word processing (Word Perfect 5.1), spreadsheet capability (Lotus 1-2-3), inter -station communication (electronic mail) desktop publishing or graphics which could eliminate the need for some of the printing that is currently being done by professional printers. In addition, relational databases will be used in preparing indexes of city council actions which could be accessed by all staff in conducting research. RECOMMENDED ACTION: Authorize staff to solicit proposals for the networked computer system described on Exhibit "A." It is estimated that costs will run between $13,000 and $16,000. REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT: Networked Computer Hardware and Software AND SUPPORT SERVICES: Maintenance and Repair The City of Diamond Bar, ("CITY" hereinafter) seeks to acquire the equipment described in Exhibit 1 which is attached hereto and incorporated herein by this reference. Further, CITY seeks to acquire with that equipment certain support services which are described in Exhibit 2 which is attached hereto and incorporated herein by this reference. Proposals are requested, subject to the following: 1.0 PROCEDURE 1.1 DEFINITIONS A. The CONTRACT OFFICER for this proposal process is the CITY's City Clerk. B. The REQUEST FOR PROPOSALS documents are: 1. The Notice; 2. This REQUEST FOR PROPOSALS to be signed and dated by the Provider; 3. A blank PROPOSAL COVER SHEET to be completed, signed and dated by the Provider; 4. A blank Statement of Provider's Experience and Financial Condition to be completed, supplemented, signed, and dated by Provider; and 5. A blank proposed contract with attachments to be completed, signed, and dated by the Provider. C. A Provider's PROPOSAL shall be made up by the following documents: 1. A REQUEST FOR PROPOSALS signed and dated by an individual clearly authorized to bind the Provider; 2. A PROPOSAL COVER SHEET prepared on the CITY's form that is signed and dated by an individual clearly authorized to bind the Provider; 3. A Statement of Experience and Financial Condition with supporting documents on the CITY's form, signed and dated by an individual clearly authorized to bind the Provider; Lb\8-90- Lan. rf p\8-2-90 2 4. A proposed contract with attachments prepared on the CITY's form, signed and dated by an individual clearly authorized to bind the Provider; and 1.2 INTERPRETATION OR CORRECTION PRIOR TO PROPOSAL OPENING A. Prior to the opening of proposals, a person may submit, in writing, to the CONTRACT OFFICER, a request for interpretation or correction of the REQUEST FOR PROPOSALS documents. B. Any interpretation or correction rendered by the CONTRACT OFFICER of the REQUEST FOR PROPOSALS documents shall be made immediately available to all other persons who obtained REQUEST FOR PROPOSALS documents from the CITY. 1.3 TIME AND PLACE TO OPEN PROPOSALS A. To be considered, a PROPOSAL must be received at the office of the City Clerk prior to the hour of 11:00 a.m. on September 20, 1990; at which time the proposals will be opened. B. Any PROPOSAL received by the City Clerk after the time specified herein shall be returned unopened to the Provider. C. The Provider shall be bound to the terms of the PROPOSAL for a period of sixty (60) days following the opening of the PROPOSAL. 1.4 OPENING AND PRELIMINARY REVIEW OF PROPOSALS A. Upon the opening of the proposals, all proposals shall be reviewed by the CONTRACT OFFICER to determine the accuracy of any totals in the PROPOSAL. A Provider's error in adding up numerical items contained in the PROPOSAL shall not constitute a material error. Rather, the CITY will rely upon the amount assigned to each item of the PROPOSAL. B. Proposals will be reviewed for completeness and responsiveness. 1.5 REJECTION OF PROPOSALS A. The CITY may reject all proposals and either initiate a new Request for Proposals or abandon the acquisition of the equipment and support services. 1b\8-90-1an.rfp\8-29-90 3 B. A reasonable belief by the CITY that an individual, firm, partnership, corporation, or association is financially interested in more than one proposal may cause the rejection of all proposals in which such financial interest exists. C. A materially incomplete or non-responsive PROPOSAL shall be rejected. 1.6 RESPONSIBILITY OF PROVIDER A. Each Provider shall submit, as part of the PROPOSAL, a "Statement of Experience and Financial Condition" in accordance with the guidance and format provided by the CONTRACT OFFICER. B. The Provider must present positive evidence in the PROPOSAL that the Provider has a demonstrated trustworthiness and is capable of performing the proposed contract in a manner that is satisfactory to the CITY. The Provider should have a demonstrated ability to deal fairly and effectively with a public agency and a record of satisfying public agencies. The PROPOSAL should present the Provider's financial resources, surety and insurance experience, equipment experience, completion ability, personnel, current workload, experience in dealing with private owners and experience in dealing with public agencies. C. By submitting a PROPOSAL to the CITY, Provider agrees that the CITY is authorized to conduct investigations into the Provider's background. 1.7 ERROR IN PROPOSAL A. If, prior to the opening of proposals, a Provider discovers an error in the Provider's PROPOSAL, the Provider may submit a replacement PROPOSAL prior to the time and date set as the deadline for submitting proposals. The replacement PROPOSAL shall clearly indicate that it supersedes the prior PROPOSAL. B. Once the proposals have been opened, an erroneous PROPOSAL may not be reformed or modified by the Provider; but the Provider may request that the CITY release the Provider due to an error in the PROPOSAL. The CITY may release the Provider so long as the integrity of the proposal process is not jeopardized, the error was a result of excusable neglect, and the Provider is not advantaged. If the CITY releases the Provider, the PROPOSAL will be deemed to have been rejected and the Provider shall be prohibited from performing all or any portion of the proposed contract. lb\8-90-1an.rfp\8-29-90 4 C. If the Provider submits an erroneous PROPOSAL and is not released by the CITY, and thereafter refuses to proceed with the contract awarded to the Provider, then the Provider's PROPOSAL security shall be forfeited. The CITY may award the contract to another Provider. 1.8 AWARD OF CONTRACT A. The CITY is not required to select the lowest monetary proposal. B. If the contract is awarded, the contract shall be awarded to the Provider who proposes to provide the equipment and support services to the best advantage to the CITY. C. The CITY may award the contract for only a portion of the equipment and services identified in the request for proposal. D. After the award of the contract, the successful Provider has 20 days to accomplish the following: 1. Deliver and install the equipment and software as specified in Exhibit 1. 2. Provide the support services as specified in Exhibit 2. E. If the first -selected Provider fails to accomplish the precontract requirements specified above, then a second -selected Provider may be awarded the contract and be given 20 days thereafter to accomplish the requirements set forth above. F. Upon the selected Provider's satisfactory completion of the above requirements, the CITY will execute the contract with the selected Provider. 2.0 REQUIREMENTS 2.1 PROVIDER'S DUTY TO OBTAIN INFORMATION A. The Provider shall carefully study the REQUEST FOR PROPOSALS documents and shall at once report to the CONTRACT OFFICER any errors, inconsistencies, or omissions discovered. B. The Provider shall take field measurements and verify field conditions and shall carefully compare the field measurements and conditions and other information known to the Provider with the REQUEST FOR PROPOSALS documents before Lb\8-90-Lan.rfp\8-29-90 5 submitting the PROPOSAL. Errors, inconsistencies and omissions discovered by the Provider shall be reported at once to the CONTRACT OFFICER. 2.2 CHANGES IN PROPOSED CONTRACT Except as expressly authorized, no changes to the proposed contract shall be offered by the Provider. 2.3 EQUIPMENT AND SERVICES TO BE PROVIDED (ATTACHMENT A) The Provider shall set forth in Attachment A to the proposed contract the equipment which the Provider intends to provide. Also, the Provider shall set forth in Attachment A the support services that the Provider intends to provide. 2.4 PAYMENT FOR EQUIPMENT AND SERVICES (ATTACHMENT B) The Provider shall set forth in Attachment B to the proposed contract the price, by proposal item, for which the Provider proposes to provide the equipment and the support services. 2.5 LISTING OF SUBCONTRACTORS (ATTACHMENT C) The Provider shall set forth in Attachment C of the proposed contract: A. The name and business address of each subcontractor who will perform work or labor or render equipment to the Provider in performing the proposed contract. B. The specific portion of the work which will be done by each listed subcontractor. 2.6 EQUAL BRANDS/TRADE NAMES (ATTACHMENT D) The CITY's description of the requested equipment designates specific brands or trade names. If the Provider proposes to provide an "equal" item, the item should be indicated in Attachment D of the proposed contract. SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. The Provider agrees to be bound by the provisions of this REQUEST FOR PROPOSALS. lb\8-90-1an.rfp\8-29-90 M PROVIDER: ADDRESS: PHONE: by SIGN DATE TITLE lb\8-90-lan.rfp\8-29-90 EXHIBIT 1 TO REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT AND SUPPORT SERVICES The CITY desires to acquire the following described equipment: 1 80386-25 Mhz Computer System (0 -Wait State). 64K CACHE RAM (Exp. 256K); 4096K RAM (80 Nanoseconds); expandable to 16MB RAM; 1.2 5.25" Floppy Drive; 320 MB ESDI Hard Drive (17ms); 16 -Bit ESDI Hard Drive (17ms); 16 -Bit ESDI Controller Card; Multi I/O (2 Parallel/2 Serials); Monochrome Video Card; 12" Monochrome Monitor (Tilt & Swivel); desktop case with 220W power supply; enhanced 101 keyboard 2 Novell NE -2000 Ethernet Card (or Arknet equivalent) 16 -Bit Ethernet Card 2 80286-12Mhz Computer System (0 -Wait State). 1024K RAM (100 Nanoseconds); expandable to 4096K RAM; 1.2 5.25" Floppy Drive; Multi I/O (1 Parallel/2 Serials); 16 -Bit VGA Card (256K RAM); 14" VGA Monitor with Tilt and Swivel); desktop case with 20OW power supply; enhanced 101 keyboard 1 800VA Uninterruptible Power Supply with unattended power down card and software 1 Novell Advanced Netware including Asynchronous Remote Bridge Software. Supports Internetworking (more than 2 servers. Supports 100 Concurrent Connections. 1 Electronic Mail (LAN Version) 1 Lotus 1-2-3- v3.0 (LAN Version) 1 Word Perfect v5.1 (LAN Version) 1 FOX Base Pro Database (LAN Version) 2 Scanner interface cards All necessary cabling (must conform to current NEC -- check with City of Diamond Bar, Department of Building & Safety). Proposer should be aware that Arknet cabling currently exists on site. All necessary cabling to provide for sharing of up to 5 laser printers lb\8-90-1an.rfp\8-2-90 8 EXHIBIT 2 TO REQUEST TO SUBMIT PROPOSALS TO PROVIDE EQUIPMENT AND SUPPORT SERVICES The CITY desires to acquire the following support services: Provide installation of operating system and application software including appropriate on-site training. Provide delivery and assemble of proposed hardware and software. - One year maintenance contract on the system including hardware and software following expiration of manufacturer's warranty. - Proposal for system support services for both hardware and software including but not limited to orientation, training, on-call troubleshooting. lb\8-90-1an.rfp\8-29-90 0 PROPOSAL COVER SHEET PROVIDER'S PROPOSAL TO PROVIDE EQUIPMENT AND SUPPORT SERVICES In compliance with the REQUEST FOR PROPOSALS, the undersigned hereby agrees to furnish all labor, materials, and equipment to perform the proposed contract which is enclosed herewith; and to do so in strict accordance with the provisions of the proposed contract. ENCLOSURES 1. A Request for Proposals, dated and signed by the Provider; 2. A Statement of Experience and Financial Condition on CITY's form, dated and signed by the Provider with supporting documents; 3. The proposed contract with attachments prepared on CITY's form, dated and signed by the Provider; and SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. PROVIDER: ADDRESS: PHONE: BY SIGN TITLE 1b\8-90-1an.rfp\8-29-90 10 DATE STATEMENT OF EXPERIENCE AND FINANCIAL CONDITION In submitting this PROPOSAL, the Provider represents that Provider has a demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the proposed contract in a manner that is satisfactory to the CITY. The Provider represents that Provider's financial resources, surety and insurance experience, equipment experience, completion ability, personnel, current workload, experience in dealing with private owners, and experience in dealing with public agencies all suggest that the Provider is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. In support of these representations, Provider presents herewith letter of commendation/recommendation; reports; titles of lawsuits involving Provider during the preceding ten years; personnel strength reports, current and anticipated projects that Provider will be expending effort upon in the State of California during the performance of the proposed contract; a list of all public contracts performed by Provider during the preceding five years that identifies the governmental agencies involved; and such other documents that the Provider deems necessary to support Provider's PROPOSAL. The supporting documents are enclosed herewith. SIGNATURE OF PROVIDER This document is signed by an individual clearly authorized to bind the Provider. PROVIDER: ADDRESS: PHONE: by SIGN DATE . TITLE 1b\8-90-1an.rfp\8-29-90 low AGREEMENT TO PROVIDE EQUIPMENT AND SUPPORT SERVICES THIS AGREEMENT is made and entered into as of execution by the City of Diamond Bar, a municipal hereinafter referred to as "CITY", and hereinafter referred to as "PROVIDER". RECITALS the date of corporation, The CITY requires outside assistance to provide the following equipment: Networked computer system; software; external floppy drives; all cabling and printers. PROVIDER represents itself as possessing the necessary skills and qualifications to provide the equipment required by the CITY; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the CITY and PROVIDER agree as follows: 1.0 TERM OF AGREEMENT 1.1 This AGREEMENT shall be effective on and from the day, month and year of the execution of this document by the CITY. 1.2 PROVIDER shall commence the delivery of the equipment on and the equipment shall be fully delivered and installed by , and instruction and support services shall continue for approximately one year or until the AGREEMENT is terminated. 2.0 PROVIDER°S OBLIGATION 2.1 PROVIDER shall provide the CITY with the specific equipment and support services that are described in Attachment A which is attached hereto, and incorporated herein by this reference, as though fully set forth at length, collectively hereinafter referred to as "DESCRIBED EQUIPMENT/SUPPORT SERVICES." 2.2 PROVIDER shall perform all work required to provide the DESCRIBED EQUIPMENT/SUPPORT SERVICES in.conformity with applicable requirements of law: Federal, State and local. lb\8-90-1an.rfp\8-29-90 12 2.3 PROVIDER shall maintain professional certifica- tions as required in order to properly comply with all the CITY, State and Federal laws. 3.0 PAYMENT FOR EQUIPMENT AND SERVICES (ATTACHMENT B) Payment to PROVIDER to deliver the DESCRIBED EQUIPMENT/ SUPPORT SERVICES hereunder shall be as set forth in Attachment B which is attached hereto and incorporated herein as though fully set forth at length. 4.0 SUBCONTRACTING (ATTACHMENT C) 4.1 If PROVIDER subcontracts for any of the equipment or support services that are to be provided under this AGREEMENT, PROVIDER shall be as fully responsible to the CITY for the acts and omissions of PROVIDER's subcontractors and for the persons either directly or indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of persons directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER shall bind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER's work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 4.2 The name and location of the place of business of each subcontractor who will perform work or labor or provide equipment to the PROVIDER in performing this AGREEMENT are con- tained in Attachment "C" which is attached hereto and incorpor- ated herein as though fully set forth at length. 5.0 EQUIVALENT ITEMS (ATTACHMENT D) The CITY's description of equipment designates specific brands or trade names. PROVIDER proposes an "equal" item indicated in Attachment "D" which is attached hereto and incorporated herein as though fully set forth at length. 6.0 EXTRA WORK PROVIDER shall not provide equipment or perform support services in excess of the DESCRIBED EQUIPMENT/SUPPORT SERVICES without the prior, written approval of the CITY. All requests for extra work shall be by written Change Order submitted to the CITY prior to the delivery of such equipment or the commencement of such work. lb\8-90-1an.rfp\8-29-90 13 7.0 VERBAL. AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this AGREEMENT, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle PROVIDER to any additional payment whatsoever. 8.0 TERMINATION OF AGREEMENT 8.1 In the event of PROVIDER's failure to prosecute, deliver, or perform the DESCRIBED EQUIPMENT/SUPPORT SERVICES, the CITY may terminate this AGREEMENT by notifying PROVIDER by certified mail of said termination. The City Manager of the CITY shall determine any final payment due to PROVIDER. 8.2 This AGREEMENT may be terminated by either party, without cause, upon the giving of thirty (30) days written notice to the other party. The City Manager of the CITY shall make a determination of the percentage of work which PROVIDER has performed which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 9.0 COVENANTS AGAINST CONTINGENT FEES PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working for PROVIDER, to solicit or secure this agreement, and that PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CITY shall have the right to terminate this AGREEMENT without liability, or, at the CITY's discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10.0 STATUS OF PROVIDER PROVIDER shall provide and perform the described EQUIPMENT/SUPPORT SERVICES REQUIRED herein as an independent contractor and in pursuit of PROVIDER's independent calling, and not as an employee of the CITY. Lb\8-90-Lan.rfp\8-29-90 14 11.0 HOLD HARMLESS PROVIDER agrees to defend, indemnify, and save free and hold harmless the CITY and the CITY's agents, officers, and employees from and against all claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, and from personal injury or death caused by, or resulting from, or claimed to have been caused by, or resulting from, any acts or omissions of PROVIDER or PROVIDER's agents, employees, subcontractors or representatives. PROVIDER's obligation herein includes, but is not limited to, alleged defects in the work of PROVIDER; but does not extend to liabilities or claims that are alleged to arise out of the CITY's sole act of negligence or deliberate wrongdoing. 12.0 ASSIGNMENT OF CONTRACT PROVIDER is without AGREEMENT or any part thereof the prior written consent of unreasonably withheld. 13.0 INSURANCE right to and shall not assign this or any monies due hereunder without the CITY which shall not be 13.1 PROVIDER shall obtain, and during the term of this AGREEMENT shall maintain, policies of liability, automobile liability, public liability, general liability and property damage insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000) for each occurrence or aggregate. The insurance policies shall provide that the policies shall remain in full force during the life of this AGREEMENT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the CITY from the insurance company. 13.2 The CITY shall be named as an additional insured on these policies. 13.3 Before PROVIDER shall employ any person or persons in the performance of the AGREEMENT, PROVIDER shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California. 13.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to commencement of work under this AGREEMENT. Lb\8-90-Lan.rfp\8-29-90 15 14.0 DISPUTES 14.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the AGREEMENT, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter. 14.2 If the dispute is not resolved, the aggrieved party shall send to the CITY's Manager a letter outlining the dispute for Manager's resolution. 14.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law. 15.0 NOTICES 15.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. 15.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of the CITY and the proper person to receive any notice on the CITY's behalf is: CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 15.3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of PROVIDER and the proper person to receive any notice on the PROVIDER's behalf is: lb\8-90-1an.rfp\8-29-90 16 16.0 ATTORNEYSI FEES In the event that one party incurs expenses, including attorneys' fees and costs, in enforcing the provisions of this AGREEMENT, such party shall be entitled to recover from the other party reimbursement for those costs including a reasonable attorney's fees. 17.0 PROVIDER'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 PROVIDER certifies that PROVIDER is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC, §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement. PROVIDER by (signature) Date (Title) lb\8-90-1an.rfp\8-29-90 17 CITY City of Diamond Bar by Robert L. Van Nort City Manager Date ATTACHMENT "All DESCRIBED EQUIPMENT/SUPPORT SERVICES EQUIPMENT: SUPPORT SERVICES: lb\8-90-1an.rfp\8-29-90 18 ATTACHMENT "B" (Payment For Equipment/Support Services) The CITY shall pay PROVIDER for the EQUIPMENT as follows: TOTAL SYSTEM COSTS 1. EQUIPMENT Hardware Purchase Cost $ Software Cost $ 2. FREIGHT AND INSTALLATION COSTS $ 3. SUBTOTAL PURCHASE AND DELIVERY $ 4. SUPPORT SERVICES COSTS Equipment Maintenance Costs $ Software Maintenance Costs $ Other Ongoing Costs $ 5. SUBTOTAL $ Tax $ TOTAL EQUIPMENT COST NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL M ATTACHMENT "B" (Payment For Equipment/Support Services) EQUIPMENT PURCHASE COSTS ATTACHMENT "B11 (Payment For Equipment/Support Services) SOFTWARE LICENSE COSTS MODEL NUMBER DESCRIPTION QTY UNIT COST EXTENSION TOTAL SOFTWARE LICENSE COST NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT RIB" (Payment For Equipment/Support Services) EQUIPMENT MAINTENANCE COSTS •TOTAL ANNUAL EQUIPMENT MAINTENANCE COST FOR ONE YEAR $ NOTE: COST FOR EACH COMPONENT MUST INCLUDE ALL REQUIRED FEATURES NOTE: THE CITY MAY AWARD THE CONTRACT FOR ONLY A PORTION OF THE EQUIPMENT AND SERVICES IDENTIFIED IN THE REQUEST FOR PROPOSAL ATTACHMENT "B" (Payment For Equipment/Support Services) SOFTWARE MAINTENANCE COSTS ATTACHMENT ugn (Payment For Equipment/Support Services) FREIGHT AND INSTALLATION COSTS ATTACHMENT "C" (Subcontractors) Name Business Address Relationship ATTACHMENT "D" (Equal Items) Specified Brand/Trade Name Proposed Equal PROVIDER: ADDRESS: PHONE: by SIGN DATE TITLE Ad. 9u St 3'{. y 1990 of Diamond Bar, Traffic &.. Transpoir,tation Committee 21HO E. Copley Drive, Suite 100 Diamond Bar, CA 91765 RE: GRAND/ROLLING KNOLL INTERSECTION Dear Traffic Committee: After attending the August 23, 1890 meeting and hearing the opinions presented, we are in favor of closing off tooth Rolling Knoll Rd. and Country View Rd a at Grand Ave., provided a traffic: light b,. installed .W t the Quail Summit and Diamond B a I Blvd. i n 1..e is �`c t i obi a Ms would 'r'e'am the cut -through traffic problem, as well as adC€t`w:s„, the safety concerns at Rolling Knoll/Grand. Should this not prove feasible, we feel a traffic light :at Rolling Knoll Rd. and Grand Ave. should be installed as moon as po°M_l'blea This intersection i heavily used by residents, and is used as a bus stop for many C1' the neighborhood children. The morning sun shines very brightly from the east, making it very difficult to n_,'ee oncoming traffic on Grand nd A, w. from Rolling Kral 1 _ Thei`e have been at l -a four occasions when war'_ have caused pr'oper"t',t damage to poles and retaining tr.1:#i1s dose to this intersection, Your favorable response to this request would be greatly appreciated. w n ere Norman and Rosev Koehler 235,,,10 Coyote Springs Dr-ive Diamond Bar, CA 91765 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 COUNCIL DATE: September 4, 1990 TO: THE HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER;�f SUBJECT: QUAIL SUMMIT/ROLLING KNOLL TRAFFIC CIRCULATION AND STREET CLOSURES The Traffic and Transportation Committee after reviewing the subject matter and taking public testimony at the meeting of August 23, 1990 voted (3-0) to recommend that the City Council consider the following: 1. Closure of Quail Summit Drive at Rolling Knoll Drive. 2. Closure of Winterwood Lane - location to be determined upon further study by staff. 3. Proceed with signal installation on Grand Ave. at Rolling Knoll Dr. (this will also include consideration of closing Countryview at Grand Ave). 40 Install park advisory signs on Forest Canyon Dr. and evaluate use of speed humps along Forest Canyon as a measure to control speeding. Ct) Request study and report regarding a traffic signal on Diamond Bar Blvd. at Quail Summit Drive. Install stop signs at the intersection of Coyote Springs Dr., Highbluff and Forest Canyon (3 -way) and further study the remainder of Coyote Springs Dr. for additional traffic control. 7, Install stop signs on Silver Rain Dr. and Meadowglen Rd. (4 -way). 8. " Review entire area again in six months. Street closures require �he public hearing process therefore ftu'the necessary resolution setting a public hearing in this matter has beenr� pretpared formconsider on. (Na ra necessary) k`15CAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: IC / ----- --,-y - - - - - - - - - - - - - - - - - - - - - - �_--------- -=---- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belan r City Manager City Attorney Assistant City Manager 7/24/90 City Council - September 4, 1990 Quail Summit Dr./Rolling Knoll Dr. Traffic Circulation Page 2 In our past meetings with the Transportation and Traffic Committee (T&TC) we have attempted to advise all 400 plus homeowners in the area of these meetings, but there are reports that some homeowners/residents are not receiving the notices. If the Council proceeds with a public hearing we will add to our mailing procedure, the posting of the area (on existing street light poles) and signing at locations of proposed closures. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. setting the time and place of a public hearing in this matter of closing Quail Summit Dr. at Rolling Knoll Dr., the closing of Winterwood Lane at Quail Summit Dr. or some other location between Quail Summit and Rolling Knoll and other related traffic control matters within the Quail Summit/Rolling Knoll Area as shown on Exhibit "A". RLK: nb:2490:db-cc2:q uailro1. c1r _�� �� 1.1 \�\♦`� i� i / �ol �f \ CIRCULA '.1 CLOSURES Changes, to page #8 of RFP 1. Quantity 1. - 80386-25Mhz Computer system (0 -wait state); 64KB Cache Memeory (exp to 256KB). 2MB RAM installed (expandable to 8MB); 1.2MB - 5.25" Disk Drive; 40MB Hard disk drive - NOTE: If the CITY proceeds with a Full Network system, selected vendor will allow full credit on this Hard drive against purchase of 320MB Hard Disk; 2 serial/2 parallel I/O ports; Monochrome graphics card; Monochrome monitor; minimum 220W Power supply; 101 key enhanced keyboard (tactile feedback). System must conform to either EISA or MCA standards. System must have Novell Certification. 2. Quantity 1. - 80286-12Mhz Computer work station (0 -wait state);1Mb RAM (expandable to 4MB); 1.2MB - 5.25"Disk Drive; 1 serial/1 parallel I/O port; 16bit VGA Graphics card w/256RAm; 14" VGA color monitor with tilt swivel; minimum 175W power supply; 101 key enhanced keyboard (tactile feedback). 3. Quantity 2. - Lan connection cards; ArcNet, EtherNet or equivelant; 16Bit required. 4. Quantity 1. - Lotus 123 v3.0 or 3.01; LAN version. rte/ 5. Installation - Installation of hardware, cabling, and software. It will be the vendors responsibility to perform all tasks necessary to insure that the systems perform tasks required. Vendor will also have the responsibilty of installing NetWare software (supplied by the City), and other applications as needed. 6. Additional cabling - Vendor will provide method for spooling several LaserJet printers from the server. I will loan to the City the following items (Maximum 6 months): 1 copy Netware ELS 1 copy WordPerfect v5.1 LAN 1 Surge Protector for File Server 3 IBM PC/XT's Hard Disk - If the Hard Disk purchased for the City is not exchangeable at full cost on a new, larger disk I will purchase it from the'City at their actual cost. LZ AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 27, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Kellee A. Fritzal, Administrative Analyst SUBJECT: Ranch Festival Funding Request BACKGROUND• At the July 31st City Council Meeting, the 1990 Ranch Festival requested funding from the City. The City Council determined that an amount not to exceed $15,000 could be available in providing the stage (with audio/sound and lighting). The funding was to cover costs for an entertainment stage, including audio and lighting for the three (3) day event; most notable the Charlie Daniels Band on Saturday night. The Ranch Festival is a fund-raising event by a non-profit organization for the City and community groups. Staff was directed to assist in securing the equipment. Due to the contract standards of the entertainment, the stages that other cities could have made available were not adequate. Therefore staff solicited three bids from production companies, for an acceptable stage. The City received bids from Nelsonics, Stageline and That's Entertainment. RECOMMENDATION: It is recommended that City Council authorize $12,968 in "seed -money" to the 1990 Ranch Festival to assist in obtaining the stage with audio/sound and lighting capability. This seed -money is to be distributed with a condition precedent that there will be a pro -rata distribution of monies back to the Community. It is further recommended that the Parks and Recreation Commission be assigned the task of developing the pro -rata formula to distribute said funds. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $12,968 Budgeted Amount $ 0 in Account Number: 001-4095-2355 Deficit: $12,968 Revenue Source: General Fund REVIEWED BY: ------ ------- ----- ---------- ------------- --- -------------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger City Manager City Attorney Assistant City Manager NELSONICS DIAMOND BAR 1990 RANCH FESTIVAL Audio House Mixing Console Soundcraft 300B 10 Main Cabinets 11 Bi-amped monitors Snakes, fan -outs, stage boxes Microphones, cables delay speakers, stands, processing Engineers Communications Labor Estimate Friday and Sunday System Subtotal Stage Rental 4' high, 24 X 24 with 2 16' sound wings Truck and Labor cost Generator 100 kw for audio, lights Lighting Entertainers Requirements Labor for installation Subtotal Subtotal $450.00 $1,437.00 $721.00 $80.00 $700.00 $400.00 $250.00 $600.00 $500.00 $4,838.00 $770.00 $560.00 $1,330.00 $700.00 $5700.00 $400.00 Pt) ,1VV. VV TOTAL $12,968.00 AGENDA NO. , CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 COUNCIL DATE: September 4, 1990 TO: THE HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: QUAIL SUMMITIROLLING KNOLL TRAFFIC CIRCULATION AND STREET CLOSURES The Traffic and Transportation Committee after reviewing the subject matter and taking public testimony at the meeting of August 23, 1990 voted (3-0) to recommend that the City Council consider the following: 1. Closure of Quail Summit Drive at Rolling Knoll Drive. 2. Closure of Winterwood Lane - location to be determined upon further study by staff. 3. Proceed with signal installation on Grand Ave, at Rolling Knoll Dr. (this will also include consideration of closing Countryview at Grand Ave). 4. Install park advisory signs on Forest Canyon Dr. and evaluate use of speed humps along Forest Canyon as a measure to control speeding. 5. Request study and report regarding a traffic signal on Diamond Bar Blvd. at Quail Summit Drive. 6. Install stop signs at the intersection of Coyote Springs Dr., Highbluff and Forest. Canyon (3 -way) and further study the remainder of Coyote Springs Dr. for additional traffic control. 7. Install stop signs on Silver Rain Dr. and Meadowglen Rd. (4 -way). 8. Review entire area again in six months. Street closures require the public hearing process therefore the necessary resolution setting a public hearing in this matter has beenn prepared foruygur considercItion. (Na ra ive contin on next page it necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Sourc: {!tom( q t w i Robert L. Van Nort Andrew V. Arczynski Terrence L. Belan r City Manager City Attorney Assistant City Manager 7/24/90 City Council - September 4, 1990 Quail Summit Dr./Rolling Knoll Dr. Traffic Circulation Page 2 In our past meetings with the Transportation and Traffic Committee (T&TC) we have attempted to advise all 400 plus homeowners in the area of these meetings, but there are reports that some homeowners/residents are not receiving the notices. If the Council proceeds with a public hearing we will add to our mailing procedure, the posting of the area (on existing street light poles) and signing at locations of proposed closures. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. setting the time and place of a public hearing in this matter of closing Quail Summit Dr. at Rolling Knoll Dr., the closing of Winterwood Lane at Quail Summit Dr. or some other location between Quail Summit and Rolling Knoll and other related traffic control matters within the Quail Summit/Rolling Knoll Area as shown on Exhibit "A". RLK:nb:2490:db-cc2:quai1ro1. cir #5 P # 2 #3 # 7 r 'fill Irl tj 1 5 of EXHIBIT "A"' / QUAIL SUMMIT / ROLLING KNOLL TRAFFIC CIRCULATION AND STREET CLOSURES AGENDA NO. f CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Charles Janiel, Director of Parks & Maintenance SUBJECT: Play Equipment for Carlton J. Peterson Park DISCUSSION: The City Council has previously approved funding in the 1990-91 Fiscal Year Budget for the purchase and installation of playground equipment, picnic shelter and pic- nic amenities for Carlton J. Peterson Park. Council authorized staff to solicit bids on August 7, 1990. Bids closed August 27, 1990 at 11:00 a.m. proposals were received from three suppliers. Bids ranged from a low of $33,747.00 to a high of $34,800 (see attached) . The two lowest bidders offered exactly the same equipment and layout. For purposes of discussion, all references to "low bidder" refer to both these bidders. RECOMMENDATION: It is staffs recommendation to award the contract to purchase and install park equipment to Keith Vint and Associates in the amount of $34,800.00. Staff recommendation is based on the following evaluation. 1. The decks specified in the specifications were 60" and 77" height. Keith Vint and Associates offered 60" and 77" decks. Low bidder provided decks 48" and 64" in height. This results in diminished play value. 2. Specifications called for roofs over two of the decks. Keith Vint and Associates provided roofs over two decks. Low bidder has not provided any roofs. Roofs were specified to add aesthetic appeal and to provide shade for the users. (Narrative continued on next page if necessary) FISCAL IMPACT: $ 34,800.00 Amount Requested $ Budgeted Amount $ 34,000.00 In Account Number: 001 4319 6400 22 Deficit: $ 800.00 Revenue Source: REVIEWED BY: K ------ ------- ----- ---------- ------------- ----------- ----------- -- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belan City Manager . City Attorney Assistant City Manager 3. Specifications called for 10" wave slide. Keith Vint and Associates provided a 10" slide. Low bidder provided an 8" wave slide. This would result in diminished play value. 4. Specifications called for an "L" shaped tube slide. Keith Vint and Associ- ates provided an "Ll' shape tube slide. Low bidder provided a straight tube slide. 5. Specifications called for 1 tic-tac-toe panel and 1 clock panel. Keith Vint and Associates provided 1 tic-tac-toe panel and 1 clock panel. Low bidder provided 2 tic-tac-toe panels. This would result in a duplication of equipment and diminished play value. Peterson Park Playground Equipment August 27, 1990 11:00 a.m. 1. JLR Specialties $33,747.23 2. Ortco $33,992.00 3. Keith Vint and Associates $34,800.00 AGENDA NO >, ----------------- CITY OF DIAMOND BAR AGENDA REPORT DATE: 08/20/90 MEETING DATE: 08/21/90 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Troy L. Butzlaff, Administrative Analyst SUBJECT: Joint Powers Authority --Integrated Waste Management Plan Introduction This report presents for consideration the proposed East San Gabriel Valley Integrated Waste Management Joint Powers.Authority between the cities of Baldwin Park, Claremont, Covina, Diamond Bar, Duarte, E1 Monte, Glendora, Industry, Irwindale, La Habra Heights, La Puente, La Verne, Pomona, San Dimas, South El Monte, Walnut, and West Covina. The purpose of'this authority is to meet the City's requirements under the California Integrated Waste Management Act of 1989 (AB 939). Background The California Integrated Waste Management Act of 1989 (AB 939) dramatically restructures the solid waste management process in California with the objective of implementing an aggressive integrated waste management program designed 'to alleviate the future shortage of landfill capacity. The Act mandates that on or before July 1, ,1991, each city in the County., and the County for the unincorporated areas, must prepare, adopt, and implement a Source Reduction and Recycling Element. This Element must identify how the jurisdiction will divert through a combination of source reduction, recycling, and composting programs 25% of their solid waste from landfill or incinerator by 1995, and 50% by the year 2000. I (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 City Manager City Attorney 08/17/90 a Li A I IkkI 1 1 - - -, Terrence L. Btlanger Assistant City Manager Due to the complexity of this legislation, and because the City lacks sufficient staff and expertise. in source reduction and recycling, the diversion goals set forth in AB 939 will not be met without the use of innovative and aggressive avenues. The proposed Joint Powers Authority is one avenue available to the City that should meet the requirements established by AB 939 while minimizing the costs by working with 16 other cities in the East San Gabriel Valley. Joint Powers Authority The Joint Powers Authority between the cooperating cities will allow Diamond Bar to achieve an economies of scale through a "boiler plate" plan infused with specific data from our community. The City would. be responsible for tailoring this plan to meet the specific characteristics of the community. The cost for preparing the Waste Characterization Study, Source Reduction and Recycling Element, and any follow-up monitoring has been estimated between $500,000 to. $1, 000, 000 for all 17 cities. Funding for the Authority will be a formula based on participation and population: 1) half the cost would be apportioned equally among the cities; 2) the other half would be divided on the basis of each cities population. The City's estimated cost is expected to range between $25,000 to $50,000 based on the following: 1. the recent passage of AB 1820, which allows for a broader spectrum of comparable data from other communities to be used in the Waste Characterization Study, may reduce costs by close to 50% of the original estimates (originally budgeted for $100,000); 2. the County Sanitation District has stated that they will provide financial assistance in organizing County cities into regional groups for the purpose of sharing information when individual cities conduct waste characterization studies and begin to prepare their Source Reduction and Recycling Element. Estimates of possible financial assistance have been placed between $100,000- $150,000 for the entire JPA; and 3. the amount of additional assistance required to tailor the City's Source Reduction and Recycling Element to the specific needs of the community. Time Line The proposed time line for issuance of the Request for Proposals (RFP) is short, due in part to the time constraints set forth by the Waste Management Board. To meet these constraints the following schedule has been adopted: 1990 September 17 Request for Proposals due. October 1 Subcommittee recommendation. Draft service contract prepared. October 8 JPA Board review and action. Contract executed. October 10 Consultant/Cities.meet to commence work. 1991 January (TBA) Public meetings and City Council briefing on waste characterization. February 1 ,Submittal of draft waste characterization study. March 1 Preliminary Source Reduction and Recycling Element due. July 1 Source Reduction and Recycling Element due to County. Approval of the Joint Powers Authority now does not financially obligate the City until the consultant has been selected. However, once the consultant has been selected, the JPA has provisions so that any city can withdraw at any time throughout the process with 30 days notice. Any city that withdraws from the JPA after this point will be charged for any services that the consultant has provided (Prorated Share). City Issued Request for Proposal As an alternative to the Joint Powers Authority the City could issue its own Request for Proposal. This would provide the City with a measure of control designed to insure the kind of work product needed to meet the requirements of AB 939. Recent information has uncovered some concerns regarding the City's involvement with the Joint Powers Authority. This information, indicates that it may be difficult for any consultant to adequately prepare 17 different Source Reduction and Recycling Elements under the given time constraints. Furthermore, it is unknown whether the "boiler plate" information provided. through the JPA will be sufficient information to meet the mandates of AB 939. Because of these concerns, Staff believes that it is prudent to concurrently issue its own Request for Proposal while participating in the Joint Powers Authority. This will provide the City with several viable alternatives for meeting its requirements under AB 939. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 90 -XX,. Approving the Agreement for the East San Gabriel Valley Integrated Waste Management Joint Powers Authority and/or direct staff as necessary. It is further recommended that the City Council approve the Request for Proposal for a Source Reduction and Recycling Element and Implementation Consulting Services and direct staff as necessary. AGREEMENT EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY This Agreement is entered into as of September 1, 1990 by and between the Cities of BALDWIN PARK, CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA HABRA HEIGHTS, LA PUENTE, LA VERNE, POMONA, SAN DIMAS, SOUTH EL MONTE, WALNUT and WEST COVINA (individually "City" and collectively "Cities") RECITALS WHEREAS, Each of the cities is a "public agency" under Title 1, Division 7, Chapter 5, Article 1 of the Government Code of the State of California (conunencing with Section 6500) ("Act") authorized and empowered to contract for the joint exercise of powers common to public agencies; " WHEREAS,.the California Integrated Waste Management Act of 1989 partially codified in Division 30 of the Public Resources Code commencing with section. 40000, as amended, requires each of the Cities to prepare studies to characterize the solid waste generated within the respective jurisdiction of each City and to develop plans for source reduction and recycling for each City; and -1- 8/�/90 WHEREAS, Cities intend to jointly exercise their powers to conduct such studies to reach common objectives; NOW, THEREFORE, in consideration of the mutual promises contained herein, Cities agree as follows: ARTICLE 1 - PURPOSE Section 1. This Agreement is made pursuant to the Act to create the East San Gabriel Valley Integrated Waste Management aoint Powers Authority ("Authority") a separate public entity for the purpose of enabling Cities to exercise their powers jointly to characterize the solid waste, gene- rated within their respective jurisdictions and to develop source reduction and recycling elements in compliance with the requirements of the California Integrated Waste Management Act of 1989, as amended. The purpose will be accomplished and the powers of the public entity created by this Agreement will be exercised as set forth in this Agreement. No City shall adopt resolutions or take any action inconsistent with the purpose set forth herein or with any action taken by the public entity created by this Asreeme"..t. The Authority shall have no power to control the use by any member City of any report or other information developed by the Authority or to determine how any member City implsmants or utilizes any such report or other information. Subject to the requirements of the Public 8/8/90 Records Act, and notwithstanding the above, no City may sell any such information or report, or the means and methods to develop such information or report while the Authority remains in existence without the approval of the Board of the Authority. Th_s provision shall survive the withdrawal cf a City from this Agreement. ARTICLE 2 - AUTRORITY Section 1. Creation of Authority. There is hereby created a public entity, separate and apart from the parties, to be known as the East San Gabriel Valley integrated Waste Management Joint Powers Authority ("Authority"). Section 2. Creation of Authority Board. The Authority shall be governed by and act through a board known as the East San Gabriel Valley Integrated Waste Management Joint Powers Authority Board ("Board"). The Board shall be composed of the City Manager of each of the Cities, or, if there is no City Manager in a particular City, the Chief Administrative Officer of that City, (hereinafter referred to as the "City Manager"), each serving in an individual capacity. Each City Manager may designate in writing an alternate to serve as Board Member in the absence of the City Manager and said alternate shall have all powers of the member while so serving. If the office of City Manager in a �3- 8/s/90 City becomes vacant the City Council of that city shall designate a City official to serve on the Board until a replacement City Manager is named. The term of each member of the Board shall commence September 1, 1990, and continue until the member no longer serves the City which the member represents. Section 3. operation of Authority Board. A. General. The Board shall adopt such rules, regulations and bylaws, not inconsistent with this Agreement, as it deems appropriate to provide for the conduct of its meetings and other business, its organization and internal management and the exercise of its powers and the fulfillment of its purpose under this Agreement. B. Quorum. Fifty-one percent (51%) of the authority members shall constitute a quorum for the transaction of business. Action may be taken only if a quorum is prese::t. C. Ralph M. Hrcwn Acta All meetings of the Board, including, without limitation, regular, ad4ourned regular and special meetings shall be called, noticed,* held and conducted in accordance with theRalphM. Brown Act (Commencing with Section 54950 of the California Government Code). D. The County of Los Angeles through the County Department of Public Works ("County") desires to participate in the waste characterization study for the territory -4- 8/8/90 encompassed by this authority. The Authority Board may at Its discretion approve an agreement between Authority and the County of Los Angeles through the County Department of Public Works, to permit the County to be an ex -officio (non- voting) member of the Board, provided: (1) The County shall provide its share of the funding for the waste characterization study and for Authority's other expenses related to the preparation of the waste characterization study; and (2) County agrees to fullfill any other terms and obligations of the agreement. ARTICLE 3 - OFFICERS Section 1. General. The Authority shall act through the following officers: Chairperson, Vice - Chairperson, Treasurer, Controller, and Secretary. The Board may designate such other officers with such titles and duties as it deems necessary or desirable. In addition to the duties set forth in this Agreement, the officers shall have such additional duties as may from time to time be prescribed by the Board. Subject to the restrictions set forth below concerning Treasurer and Controller, any number of offices may be held by one person. $/8/90 Section 2. Duties and Selection. A. Chairperson, The Chairperson shall be selected by the Board from among its members and shall preside at and conduct all meetings of the Board. B. Vice -Chairperson. The Vice -Chairperson shall be selected by the Board from among its members and shall act as Chairperson in the absence of or inability of the Chairperson to act. C. Treasurer. The Treasurer shall be the Treasurer of the City designated as the Authority Staff and shall be the depository of and have custody of all the fµnds of the Authority. The Treasurer shall have the following duties: (l) Receive and.recept for all money of the Authority and place it in the Authority's fund. (2) Be responsible upon his or her official bond for the safekeeping and disbursement of all Authority money so held by him or her. (3) Pay all sums due from the Authority, from Authority money dr any portion thereof, cnly upon warrants of the Controller of the Authority. (4) Verify and report in writing on the first day of July, October, January and April of each year to the Authority and each City the amount of money he or she holds for the Authority, the amount of -6- 8/8/90 receipts since the last report and the amount paid out since the last report. D. Controller. The Controller shall be the person employed by the City designated as the Authority Staff who has the title of controller or auditor. If there is no such person, then the Controller shall be a person designated by the Board. The Controller shall draw warrants to pay demands against the Authority when the demands have been approved by the Board or such officers of the Authority as may be arzthoriaed to do so by the Board. E. Secretary. The Secretary shall be selected by the Board from among its members. The Secretary shall cause to be kept minutes of all meetings of the Board, shall cause the minutes to be ratified by the Board, shall certify and maintain such bylaws of the Authority as may be adopted, shall cause a copy of the ratified minutes to be forwarded to each city and shall perform such other duties'as may from time to time be delegated by the Board. . ARTICLE 4 — AUTHORITY STAFF Section 1. Authority Staff. The Board shall appoint one member of the Authority Board to be the 8/8/90 Authority Staff. The Authority Staff is hereby designated as the staff administer this Agreement. Section 2. Powers of Authority Staff. The Authority Staff shall administer this Agreement, under the authority and direction of the Board. The Authority Staff shall coordinate and implement the actions of the Board and coordinate the staff activities to fulfill the purposes of the Authority. ARTICLE 5 - FISCAL YEAR The fiscal year of the Authority shall be the period from July 1 of each year to and including June 30 of the following year. ARTICLE 6 - EXERCISE OF POWERS Section 1. Powers. The Authority shall have any and all powers authorized by law which are common to each of the parties hereto and which are necessary or appropriate to carry out the purposes of the Authority, including, but not limited to, the following powers: (1) to form and administer nonprofit corporations to do any part of what the Authority could do, or to perform any proper corporate function and enter into agreements with any such corporation; (2) to make and enter into contracts; (3) to employ agents, consultants, attorneys and employees; (4) to acquire, hold, encumber, -8- 8/8/90 lease and sell or otherwise dispose of personal and real property; (5) to incur debts, liabilities or obligations; (6) to apply for and receive gifts, contributions, grants and donations from persons, firms, corporations and governmental entities; and (7) to sue and be sued in its own. name. Section 2. Method of Exercise. The Authority shall exercise its powers through its officers and staff in furtherance of the purpose of the Authority. The costs and expenses of operating the Authority and any income generated by the Authority shall be apportioned as set forth in Article 9 and Exhibit A. Section 2. Liabilities. The debts, liabilities and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone, and not of the parties to this Agreement. Section 4. Indemnification of Member Agencies. Provided that a member City has acted in good faith, the Authority shall protect, defend, indemnify and hold such member City harmless from any loss, liability or damage, including attorney's fees, suffered by such member City by reason of litigation or the imposition of administrative civil penalties by the California Integrated Waste Management Board as a result of any member City's reliance. on the accuracy and validity of the solid waste generation .g_ 8/8/90 analysis or the source reduction and recycling elements prepared by Authority or agents, consultants or employees of the Authority. Any such indemnification or agreement to hold harmless shall be recoverable only out of Authority assets and not from member Cities. Any action taken by any member City beyond the scope and purpose of this authority shall not be the liability of this Authority. ARTICLE 7 - DISPOSITION OF ASSETS UPON TERMINATION Upon the termination of this Agreement, all surplus funds or liabilities of the Authority shall be returned to or paid by the Cities in proportion to the respective percentages shown in Exhibit A. All real and personal property shall be conveyed or distributed to each City in the same proportion. Each City shall execute any instruments of conveyance necessary to effectuate such distribution or transfer. ARTICLE 8 - ACCOUNTS, REPORTS AND AUDITS Section 1. Strict Accountability. The following subsections are designed to insure strict accountability of all funds of the Authority and to provide for accurate reporting of receipts and disbursements of said funds. Section 2. Audits. The Controller of the Authority shall contract with a certified public accountant -10- 8/8/90 to make an annual audit of the accounts and records of the Authority. The minimum requirements of such audit shall b.e those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. A report of said audit shall be filed as public records with each City and also with the County Auditor of Los Angeles County. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. Any costs of the audit, including contracts with or employment of certified public accountants in making such audit, shall be borne by the Authority and charged against any unencumbered funds of the Authority available for the purpose. By unanimous action of the Authority Board, the annual audit may be replaced by an audit covering a two-year period. ARTICLE 9 - CONTRIBUTIONS BY THE PARTIES In order to further the purpose set forth in this Agreement each City shall pay Authority a share of the funds required to operate the Authority. The share of each City shall be determined as follows: A. Fifty percent (50%) of the Authority's -11- 8/8/90 expenses shall be divided by the number of member cities; and B. Fifty percent (50%) of the Authority's expenses shall be divided among the Cities on the basis of their respective populations, as shown in Exhibit "A". Each City's share shall be determined by adding the figures obtained in steps A and B, above, as shown in Exhibit A. Such payments shall be made not later than thirty (30) days after receipt of written notice from the Authority that payment is due. The Authority shall not send any such notice until the Board so directs. ARTICLE 10 - TERM This Agreement and the Authority created by this Agreement shall continue for a term of three (3) years, unless extended or earlier terminated by written consent of all of the member Cities, evidenced by certified copies of resolutions of their respective governing bodies. ARTICLE 11 - WITHDRAWAL Any City may withdraw from the Authority by giving the Authority thirty (30) days advance written notice thereof. Action to withdraw shall be by a resolution of the City Council of the City seeking to withdraw. The -12- 8/8/90 withdrawing City shall be responsible for its proportionate share of all expenses incurred by the Authority prior to receipt of notice by the Authority less any income generated by the Authority during the time for which the City is responsible to pay its share of the expenses. ARTICLE 12 - NOTICE All notices, statements, demands, consents, approvals, authorizations, agreements, appointments or designations shall be given in writing addressed to the principal office of.the member City appointed by the Authority Board to be the Authority Staff Authority. ARTICLE 13 - AMENDMENT This Agreement may not be amended or modified except by a written agreement signed by all of the Cities. ARTICLE 14 - SECTION HEADINGS The section and article headings are for ccnve- nience only and are not to be construed as modifying or explaining the language in the section referred to. ARTICLE 15 - SEVERABILITY Should any part, term or provision of this Agreement be determined by a court to be illegal or -13- 6/8/9.0 unenforceable, the remaining portions or provisions of this Agreement shall nevertheless be carried into effect. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized officers as of the date first above written. CITY OF BALDWIN PARK: Mayor ATTEST: City Clerk CITY OF CLAREMONT: ATTEST: City C.Lerk CITY OF COVINA: ATTEST: City Clerk Mayor Mayor -14- 8/8/90 CITY OF DIAMOND BAR: City Clerk CITY Or DUARTE: City Clerk CITY OF EL MONTE: ATTEST: City Clerk -15- Mayor Mayor Mayor 8/8/90 CITY OF GLENDORA: ATTEST: City Clerk CITE' OF INDUSTRY; ATTEST: City Clerk CITY OF IRWINDALE: ATTEST: City Clerk Mayor Mayor I Mayor -16- 8/8/90 CITY OF LA HAHRA HEIGHTS: Mayor ATTEST: City7 Clerk CITY OF LA PUENTE: Mayor ATTEST: City Clerk CITY OF LAVERNE: Mayor ATTEST: City Clerk 8/8/90 CITY OF POMONA: ATTEST: City Clerk CITY OF SAN DIMAS: ATTEST: City Clerk CITY OF SOUTH EL MONTE! ATTEST: City Cierk Mayor Mayor r Mayor -18, 8/8/90 CITY OF WALNUT: ATTEST: City Clark CITY OF WEST COVINA: ATTEST: City Clerk Mayor Mayor -19- 8/8/90 EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT AUTHORITY AUTHORITY MEMBERS FUNDING ALLOCATION EXHIBIT A 1/1/90 PERCENT EQUAL POPULATION TOTAL PERCENT CITY POPULATION POPULATION SHARE SHARE COST SHARE Baldwin Park 63,789 8.45% 29.41 42.25 71.66 7.17% Claremont 36,595 4.85% 29.41 24.24 53.65 5.37% Covina 43,837 5.81% 29.41 29.03 58.45 5.84% Diamond Bar {est} 75,000 9.94% 29.41 49.68 79.09 7.911% Duarte 21,528 2.85% 29.41 14.26 43.67 4.37% E1 Monte 95,905 12.70%. 29.41 63.52 92.93 9.29% Glendora 47,914 6.35% 29.41 31.74 61.15 6.11% Industry 367 0.05% 29.41 0.24 29.65 2.97% rwindale 1,265 0.17% 29.41 0.84 30.25 3.02% La E:abra Heights 5,447 0.72% 29.41 3.61 33.02 3.30% La Puente 34,166 4.53% 29.41 22.63 52.04 5.20% LaVerne 31,753 4.21% 29.41 21.03 50.44 5.04% Pomona 121,643 16.11% 29.41 80.57 109.98 11.00% San DimaS 33,072 •4.38% 29.41 21.90 51.32 5.13% South El Monte 18,789 2.49% 29.41 12.44 41.86 4.19% Walnut 29,294 3.88% 29.41 19.40 48.81 4.88% West Covina 94,538 12.52% 29.41 62.62 92.03 9.20% TOTAL POPULATION 754,902 100.00% 500.00 500.00 1,000 100.00% EXHIBIT A DATE: August 28,1990 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager Kellee A. Fritzal, Administrative Analyst SUBJECT: Transit Grant BACKGROUND• LACTC has approved a $13 million, two-year Transit Service Expansion Program. The purpose of the program is to provide additional bus service to congested travel corridors during commute hours; and, bus service which would feed to light rail, commuter rail stations or feed to a regional bus service. LACTC is accepting applications from transit operators and municipalities. Staff has met with the Foothill Transit District to discuss the possibility of applying for transit grants to provide transportation alternatives for Diamond Bar. As part of the grant requirements, the local city has to contribute 5% of operating costs up to a maximum of 25% of Proposition A local return annual allocation. To determine if there was a need for transit service, and where that need was, a survey was prepared and distributed, 95 surveys were returned. Although 32% of the respondents have never used the bus they would if there were more frequent service (46%) and neighborhood pick-up and drop -up locations (42%). Foothill Transit will use buses that run on alternate fuel (compressed natural gas CNG). The two grants being considered are for a community transit system and a inter -county system encompassing Brea and Diamond Bar. The Traffic and Transportation Committee has transit grants and recommends that the City Council support Foothill Transit applications for said grants. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REVIEWED BY: -------------------------------------------- I ------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belan City Manager City Attorney Assistant City Man 7/24/90 Page 2 - Transit Grant Meeting Date - September 4, 1990 COMMUNITY TRANSIT SYSTEM: A community transit route is important since it will provide the opportunity for citizens to use alternative transportation to work and shopping centers. Attached is the route Foothill Transit is proposing as the community transit system for Diamond Bar. The route is 19.5 miles long and takes approximately 54 minutes to complete, without stopping to pick up passengers or unforeseen traffic delays. The proposed route lacks a total coverage of the City, it does go by major shopping centers and places of business; however, it does not pass the Park and Ride lots or the Library. Also the proposed route will stop a block away from the Senior Center located at the YMCA. The lack of total coverage of the City may prevent many people from using the system. Staff suggests that the routes be designed to cover a larger potential customer service base. Foothill Transit is proposing using a bus wich is 30 feet long and carries 23 to 30 passengers, there is a lack of willingness to incorporate smaller vehicles, which would have better ability to go through neighborhoods. Foothill Transit will use two (2) buses operating in opposite directions, on a hourly basis. The bus pick-up/drop-off timing is important 46% of respondents wanted more frequent service. If a citizen wants to run to the store, it will be a minimum of a hour trip. Using only two buses could lead to delays in pick up if there are even slight delays due to traffic or passengers loading/unloading. Staff suggests that the "headways" be reduced to 30 minutes. The service would run from 7:00 a.m. to 7:00 p.m. Monday through Saturday. INTER -COUNTY: The proposed route for the inter -county transit system would begin at the Park and Ride located on Diamond Bar Blvd. and have drop off locations at the Brea Mall, Cal State Fullerton, Fullerton College and the Fullerton Transportation Center (train station). The route as proposed is 15.9 miles one way and takes approximately 34 minutes, a complete cycle would be 31.8 miles and 1 hour and 8 minutes. This route will provide alternative transportation opportunities that will connect with all Orange County Transit Routes. The Route would be available 6:30 through Friday. The route could or go up to San Dimas. Foothill of passengers picked up in Orange those riders. RECOMMENDATION• a.m. to 7:00 p.m. on a hourly basis Monday also be expanded to include Cal Poly Pomona Transit will be responsible to keep counts County and the City will not be charged for 1. Support Foothill Transit in applying for the discretionary transit grant for both proposed transit routes. At this time Foothill Transit has not determined the cost of providing the proposed transit service. 2. Request Foothill Transit to increase the coverage of the Community Transit System, have it run more frequently and investigate the possibility of using smaller vehicles. pit EMPLE r �x,ai4 a��,�r cy vJv v �y oo DEN ya• � a'°k ; ° R � �a'"R"�R °� a � � ��� �� �� e Tv4} 3 A% 9 No nw ERs � 3e sL p/1/ to rr? N r'T'LJ LT LEA P Z y ZIT n'i0 �OgfM $DR a921167L. t'9L PUENT xW Y "F SNpeF 201W 2 N PiN 1 n N e s // 1 GCR - �4 Np0.p PV p4PLpO5P - ,1R R -FVE G E OR 11 1 s F ET LN EAGLESP a PREBTwICK 1]f! OttR le5 f nOt< �t5r W r+, �GQ a 0. 9�0 pFL P N Yeaq�� E a t9,g . F.V�°g�E,l. APIN o y0 '� ]nr✓` QL TVALL� .�j1 di� ) /` 6 C v�UR VEW �p 5 GO D BL' I cW •9 �; � °"�\ P MBPPW' �q 9 N O / �' IABB Wr \ \ .CHIC. ER •" am, 1 Cti.., D,,SETP w PAADO 771\ RD .- 94 COM PO .q 1 XS } :-09; WASHINGTON -'• // 8121 R-1 NwUO] i 9RE 4'% , S y ol < a c a - SIINNOODIBE _ 205002010cg sTRT—PTCN NN ST RIA • / sa W R l.�'� / < ST u S LGPTE ': •/L'FF � �'F OC' r000 GE e i 9 � r Q.� W°'e �' oy 4 SNA 4 LiY�O _ FLO �P. mAC0. ' ���. W tN .O a 9 �<rL � NO ° wN• pfiOP- DAVM ' P Op LH d R Cfy. 'ET segs s \JS"°`^ i x\`4 GaCEL O P ` P1L• ,y ^ o " Da+ p cr o-F'Y '\`L - !e C� 5qn ,Oa AR\'F � yJ. S P 'DP HIL_ oP�R� �1 2 P CENBRC JK P "9E+E o O`Vo PtNO b \P YN ° HC 90 �GA LES I _ 10 AT 4r^ 9b(DE OS 4,Q\. 90 q''^c / SUN•. DP 1E VPNfi' -. % pR oo .4FP C-1 - >"0•�4 O. e RID LOBOS NOEPING OF EEK OR 2y gPP FZ >K �fx`.,•\ �y 210KEN CREEK -1 LPEEK LN O i OI RUEG ITR AV LN P NUNp U q v CAEER E` AION'EIMENT N OR Ot' �' \ A I Sx,\{ tµ, 70 WN sxR s ,� Y� DR , (YO^ a *��rMOR,E .W`s LFNTER °DwoRfs. QLD U ��`> Oe � 00 NL/G am RIDGE ] elegy A c`% a .PE'F �� 440 3 I Lt/ ?'K we E CDN N >a� oe+^ - I � �Poy�c � � M CR j � 3 0 0 2i3X0IGUN 31+--'s" `OBJ OCP N` x *e'H OEF4 FEC6 ^r9 C a �y CF �'O'IPOA(F 'v a LOLL Yc sr PW W C3 EUR € ti SPRINGSw° 1 • Er�SP F�4 f R c y P G O Y 4 N3URN IR w° �LN c r _ .KPM +P 4 m C, °`P< (N fGs Q 1L '�1Ow4004 apo F O s t 3- 5 y11 d3 3pV SEN oR wl K CI OG Oen v o n mg rOi,F FSJZ 4a PO S`,,., =�1 EllArgOq ... ¢r L S Q � `» 'Y 9 9 Q tY Kp A9 '/x �➢2 (' x a ^' p 7! S$� 9y O$ x uNKFPONe O �• R - Z � � AOUiN Pq' SpT`� J L�!°� P` Ery �� 9/� - \\ \ wIl • s 5 ° O q ?ci � �•tF�+ 09 SCT 'Yr O•g„ C � .E' - i Y OC'E - 11NE Ho � \ r�' Sao T � rc/\91>c oa Sc V• 1 osy 1 QOM1.Spx i Iz T�lj of PNTEP O y{EP op ( L,INrvING� ' �3 UER 4<,0 ,e / O ¢ OE 'j" q 4, • n J�• _ F 9 WP PI 9 •dry O QQ .. �/1jO .,. N SUMMERTOWN ST ��_ C O c� l0 2 2 Pp d.. ♦ /� POJ W� GyG p1' Qp J/(17! F o 8 30500 w ¢ W° 8\.TP \pM O•i et0 q . S v0. R \ �' °rrSr Pbir l P 90 L �".0\'1'� - �I 30i0 �¢R9�AR.411N W- OR I sc� NY°R O o� W DH i 42j\�SS P _V$ K7?i NI OR RD n o AMB() PL ne L<Rjq/1ER0 .. h�' �'Po0 c o l5"� OGt Jr 'J NO C'%'�CF \N�!P• n\\ \T �C7 RO a MISSIONARY /h, O '�pY JROCK v9 M � C O RIDGE RD M�Ss�s oN vyoc P THFIN le7 I L NO SART [L 3 L xrt\ F�1 , O 'tel ( j n 1 I '^ tOT OL• 1L PJN 1"ka " IPO \ •sF9y / 9 I LAZ'OOW OR q0 W/ fp 1 E+LT �F LQ5.1, rQ eT t.. 09 y �m <N rZG r OIAMONO BAR �R Z i" q - T/M8. }\ �. �m Y 40 S Z Hs ` ¢Ai c$t I ly �iFaay i y .yy,CTF O \l.\- R /],, �PLrc fa / \� N 33 e. M'+� �+��+. {K4•�' My�. o .11� E rW rW Z m`" RMS L,1 i,�O I iN `i3 Ci G(G LN / O / E O �L P bf NY N rI < w eofj( .y U � w 2 QG 1401n, 'ik LN OFR \ e e JJ y/Q AJI, JY rFA Y-�fi , ! ml 2fm R rn O\ I X]'� P A'� •c} I: y y'' fsiR,-1.�eP '44*a- :. LI f A• yo`Y a I FGPR xe '° °Ox AS O "P141 J41s. xig ai \ 12 °s4 F�f rq"�s o �ca �r y/r' rF "i HERBAGE z •Ge 7J J� 9Y I !1 PARK J SNC ; /I Tt.F N1 cf%%1! I. / 1lf \f1 Z\Oc \ �r\�K',j.i.fL T�l\ ?rYAt%K^': u v _ F/RESTONE w� ri; �_ LlC9,�,. \ �r��� n,. " BOBl".�d�N�•' �"�� PASCO ' ,I t 4P`1'.� \ ip}5E !Yyl. %" \ I "Y ..\ � - ��P ION yPPs.•QF.Y .'K i' D PD ���..-£:Lna. \ /'F`. ,`i�..^•::�' � .f�.� 1 . Sx_.r.�' AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 24, 1990 COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER`S '/� SUBJECT: ROAD MAINTENANCE PROGRAM FOR THE CITY OF DIAMOND BAR To adequately address the street maintenance related needs and programs in the City of Diamond Bar, the City Engineer is introducing a concept that will enable the City to provide an orderly procession and implementation of programs such as slurry seal, parkway tree maintenance, pavement striping and marking and street sign inspection and replacement. The proposed concept divides the City into seven contiguous areas as shown on the enclosed map. As the programs will be scheduled on an area basis, the concept will eliminate disoriented "hodge-podge" programs and will also aid in the City's budgeting process. It is felt that this concept of districts will be of value to other community programs as well. The seven areas identified on the enclosed map are intended to provide: 1. Logical boundaries such as Diamond Bar Blvd., Pathfinder Road, Grand Ave. and Golden Springs Road 2. Comparable size areas 3. Comparable street mileage 4. Comparable maintenance costs Staff has field reviewed the City streets together with the records on file with the County of Los Angeles Department of Public Works. It is staff's opinion that the seven areas outlined indicate a reasonable approach to a slurry seal program based on the current condition of the streets. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $. In Account Number: Deficit: $ Revenue Source: `�==-------=-=---x_---------------------- -------------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger City Manager City Attorney Assistant City Manager 7/24/90 City Council - September 4, 1990 Road Maintenance Program for City of Diamond Bar RECOMMENDATION: Page 2 It is recommended that this seven -area plan for the City be adopted as a mechanism to provide an orderly, time -effective road maintenance plan for the City of Diamond Bar. RLK: W FL:nb:2479:db-cc2:st-maint. prg Af / f'Y 4 1 STREET MILEAGE w.. 1 .•� � �Y I �•e ROAD MAINTENANCE PROGRAM AREAFISCAL YEAR FOR SLURRY, STRIPING MARKING, 9 SIGNAGE 91 I 1 -99 I foo. -os 1 lou - Iz 12018 - 19 2 2 999 n 2005 -QB - o zoic -2C 92 3 leo9 20JD1 2DD'o -D] 2013 - Iq 1 fD2D - 21 ' a I meD 01 I z D e � zo 1s � zon zz 31994 95 2001 2 2C. 09 I -1, Is2022 23 6 995 3 2 --ID 1206 IT 2023-24 1 56 9] 2003 D4 2010 - 11 201] - 19 2029 - 25 N CITY OF DIAMOND BAR AUGUST 1990 r M1 y/ h Af / f'Y 4 1 STREET MILEAGE w.. 1 .•� � �Y I �•e ROAD MAINTENANCE PROGRAM AREAFISCAL YEAR FOR SLURRY, STRIPING MARKING, 9 SIGNAGE 91 I 1 -99 I foo. -os 1 lou - Iz 12018 - 19 2 2 999 n 2005 -QB - o zoic -2C 92 3 leo9 20JD1 2DD'o -D] 2013 - Iq 1 fD2D - 21 ' a I meD 01 I z D e � zo 1s � zon zz 31994 95 2001 2 2C. 09 I -1, Is2022 23 6 995 3 2 --ID 1206 IT 2023-24 1 56 9] 2003 D4 2010 - 11 201] - 19 2029 - 25 N CITY OF DIAMOND BAR AUGUST 1990 L7 oRF 4 5 7 T074 I ROAD 1 1990-91 1 !99! 3 !992 - 93 4 1993 -94 5 1994 -95 6 1995 96 7 1996 97 O■ E A 11C..1 I \tel 1T oRF 4 5 7 T074 I ROAD 1 1990-91 1 !99! 3 !992 - 93 4 1993 -94 5 1994 -95 6 1995 96 7 1996 97 O■ E A 11C..1 I OAD MAINTENANCE PROGRAM FISCAL YEAR )R SLURRY STRIPING MARKING. & SIGNAGE 90 -91 I 1999 - 98 11 2004 -05 2011 - 12 20119 - 19 91 - 92 1 1996 - 99 12005 - 06 2012 - 13 20!9 - 20 92 - 93 !999 - 2000 2006 - 07 M 2013- 14 1 2020- 21 93 -94 j 2000-01 2007-08 2014 - 15 2021 - 22 94 -95 2001 -.'02 20-,8-09. f 2015 16 2022 - 23 95 - 96 1 2002 - 03 f 2009,10 ( 2016 - IT 2023-24 96 - 97 12003 - 04 2010 - 11 2017- 18 2024- 25 e l if% -I IQT -100f) STREET MILEAGE AREA COLLECTOR LOCAL ALLET TOSAI I 3.3 %4.0 0.5 17.9 2 1.8 15.0 I 0.0 96.8 3 1.2 14.3 , 0.0 15.5 4 2.5 16.6 0.0 19.I 5 4.4 14.0 0.D 16.4 6 3.6 14.1 0.0 17.7 6T�l 0.0 ' 13.4 0.0 13.4 L 16.8 101,4 0.5. 118:1 OAD MAINTENANCE PROGRAM FISCAL YEAR )R SLURRY STRIPING MARKING. & SIGNAGE 90 -91 I 1999 - 98 11 2004 -05 2011 - 12 20119 - 19 91 - 92 1 1996 - 99 12005 - 06 2012 - 13 20!9 - 20 92 - 93 !999 - 2000 2006 - 07 M 2013- 14 1 2020- 21 93 -94 j 2000-01 2007-08 2014 - 15 2021 - 22 94 -95 2001 -.'02 20-,8-09. f 2015 16 2022 - 23 95 - 96 1 2002 - 03 f 2009,10 ( 2016 - IT 2023-24 96 - 97 12003 - 04 2010 - 11 2017- 18 2024- 25 e l if% -I IQT -100f) - INTEROFFICE MEMORANDUM TO: Terry Belanger, Asst. City Manager Ron Kranzer, City Engineer FROM: Robert L. Van Nort., City Manager SUBJECT: Road Maintenance Areas DATE: June 26, 1990 Pursuant to our joint meeting with the County of Los Angeles and Mr. George Chadwich, your offices are to develop seven (7) road maintenance areas. The areas are to be contiguous in nature and include a total area improvement program (i.e., slurry, signage, stripping, etc.). The areas are to be presented to the City Coun- cil in September for their consideration of the road maintenance program., It is further requested that the Assistant City Manager coordinate with the AQMD and Engineers the feasibility of a pilot stripping program. Attached for your use are the maps indicating the City/County during the past 8 years. Robert �lan�i% ZX' W, City Manager attachment RLVN:mrs EY 'I H OLT sl� y I �, rv.ou �N U I .. 0 0 \..o j n /.w �e . {.0 .0 M I TEMPLE I ki 0 Al 7 % IND. o'o fs B A W t, ---LOS -A:A(GfLf5 CO. Fi low A DIA UN A wZl "s f 9T 3 Lt lw 0 I 9TS p , vi .", \, J'� Oe - A", Nor ScVT IP qu ----------- �lu 2 AGENDA NO. 51 CITY OF DIAMOND BAR AGENDA REPORT; DATE: August 2, 1990 MEETING DATE: August 21 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Parks and Recreation Commission via Charles Janiel, Director of Parks and Maintenance SUBJECT: Diamond Bar City Parks Hours of Operation BACKGROUND: The Parks and Recreation Commission has identified a need to establish a clear policy for the hours of operation for City Parks. County ordinances allowed operation of all parks, until 10:00 pm, without regard to facility use. After meeting with the Sheriff's Department representatives; and, a staff analysis of the current park uses, the Commission determined that the establishment of poli- cy for the hours of operation of City Parks would be an effective liability risk reducer and would provide an effective method for the law enforcement personnel to assure that City Parks are being used in an appropriate and safe manner. Proposed hours of operation of City Parks are from dawn to dusk, for parks with- out lighted athletic facilities; and, from dawn to 10:00 pm for parks with lighted athletic facilities (extended hours may be approved by issuance of a facilities reservation). RECOMMENDATION: It is recommended that the City Council introduces, for first reading, an ordi- nance amending the hours of operation of City Parks. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVI ED BY: Robert L. Van Nort Andrew v. Arczynski Terrence L. Belan r City Manager City Attorney Assistant City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 17.04.330 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE HOURS OF OPERATION OF CITY PARRS. A. Recitals. (i) The Park and Recreation Commission of the City of Diamond Bar has studied and reviewed the hours of park operations and public accessibility and has determined that it is advisable to modify such hours of operation to respond to the needs and circumstances present in the City of Diamond Bar. (ii) The City Council of the City of Diamond Bar has heretofore adopted, by reference, the entirety of the Los Angeles County Code which contains therein Section 17.04.330 - Hours of operation. The City Council has duly considered and determined that the recommendations of the City of Diamond Bar Park and Recreation Commission are necessary and appropriate modifications which will enhance the City of Diamond Bar. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1: This Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 1 SECTION 2: Section 17.04.330 of the Los Angeles County Code, as heretofore adopted by reference, is hereby amended to read, in words and figures, as follows: 1117.04.330 Hours of operation. A person shall not enter, be or remain in any park, or any facility related thereto, except as may be expressly permitted as follows: IIA. Parks without 'Lighted athletic L fields or facilities: a person may enter, be and remain in any park without lighted athletic facilities between dawn and dusk of each day. I'B. Parks with lighted athletic fields or facilities: a person shall be permitted to enter, be, remain in any park which has lighted athletic facilities between the hours of dawn and 10:00 P.M. A person may be permitted to enter, be and remain in any park which has lighted athletic facilities after 10:00 p.m. if such person has obtained, from the City Manager or his designee, a Park Use Permit. Such Park Use Permit shall designate, in writing, the name of the responsible person, persons, or organization who have permission to enter or remain after 10:00 p.m., the date or dates such permit has been issued for the number of persons expected to be present and the estimated time at which the permitted person, persons or organization will cease use of the park. The City Council shall establish, by resolution, the fee applicable to such permit. 2 "C. The City Manager, or his designee, shall post the hours of operation in one or more conspicuous locations at each park." SECTION 3: Penalties. It is unlawful for any person, firm, partnership, organization, or corporation to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, organization or corporation violating a provision of this section 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 $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, organization 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 Code is committed, continued or permitted by such person, firm, partnership, organization or corporation, and should be deemed punishable therefore as provided in this section. SECTION 4: Civil Remedies Available. The violation of any of the provisions of this section constitutes a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 3 SECTION 5: If any section, sentence, word, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, or as preempted by legislative action, such decision or legislative action shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Diamond Bar hereby declares that it would have passed this Ordinance and each section, sentence, word, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, words, clauses or phrases be declared invalid or preempted. SECTION 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 No. 89-6. PASSED, ADOPTED AND APPROVED this day of , 1990. 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: L\1011\ORDHOURS\DB 25.8 5 City Clerk of the City of Diamond Bar Y AGENDA NO. x CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 -- COUNCIL DATE: September 4, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER Ike` SUBJECT: ADVERTIZEMENT FOR BIDS - TRAFFIC SIGNAL EQUIPMENT - TRAFFIC SIGNAL SYSTEM ON GOLDEN SPRINGS ROAD AT SUNSET CROSSING ROAD Attached for City Council consideration is the bid package for the subject project. The plans are 50% complete, but the basic equipment needs have been identified in advance to allow for placing an order now to accommodate lead time, of approximately 10 to 16 weeks, for delivery. The suggested bid date for the basic equipment is September 25, 1990. It is anticipated that the plan will be complete within the next thirty days, including the securing of the necessary easement for loop detection within the private drive on. the east side of Golden Springs that makes up the east leg of the subject intersection. A separate bid package for installation 1 will then be presented for consideration to advertize for bids. Dependent upon delivery of materials, this project is scheduled for completion on/or about February 1, 1991. RECOMMENDATION: It is recommended that the City Council approve the Specifications and Bid Package for Traffic Signal Equipment for the intersection of Golden Springs Road and Sunset Crossing Road and set the date for receipt of bids for September 25, 1990' (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested) $ Budgeted Amount i $ In Account Number: Deficit: $ Revenue Source: RED - ------------------------ -------- Robert L. Van Nort Andrew V. Arczynski Terrence L. BelanJer' City Manager City Attorney Assistant City Manager 7/24/90 CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD IN THE CITY OF DIAMOND BAR RONALD L. KRANZER R.C.E. 18503 CIVIL ENGINEER The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 10:00 a.m. on September 25, 1990, sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary Werner, Mayor John Forbing, Mayor Pro Tem Paul V. Horcher, Councilmember Jay C. Kim, Councilmember Phyllis Papen, Councilmember Robert L. Van Nort, City Manager Robert P. Morgenstern, Project Manager Ta[HI7Lt7�19 TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD IN THE CITY OF DIAMOND BAR Page 2 TABLE OF CONTENTS NOTICEINVITING SEALED BIDS ............................... 4 — 7 INFORMATION FOR BIDDERS ................................... 8 — 13 TECHNICAL SPECIFICATIONS..................................14 — 15 BIDDER'S PROPOSAL ................................. .......16 — 18 AFFIDAVIT FOR CO—PARTNERSHIP FIRM.........................19 AFFIDAVIT FOR CORPORATION.................................20 AFFIDAVIT FOR INDIVIDUAL BIDDER ...........................21 AFFIDAVIT FOR JOINT VENTURE...............................22 FAITHFUL PERFORMANCE BOND.................................23 LABOR AND MATERIAL BOND.................................24 BIDDER'S BOND.............................................25 — 26 AGREEMENT.... o ............................................ 27 — 35 Page 3 RESOLUTION NO. 90- A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT FOR GOLDEN SPRINGS ROAD AND SUNSET CROSSING ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road Drive. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 25th day of September, 1990, sealed bids or proposals for the Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road Drive in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, 'Bid for Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road'. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general Page 4 prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuint to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Page 5 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of -0-, said $_:I- is nonrefundable. Page 6 Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied, by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). Engineer's Estimate $21,600.00 The. City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 4th day of September, 1990. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this 4th day of September, 1990. Mayor ATTEST: City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the 4th day of September, 1990, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California Page 7 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard 'Specifications for Public Works Construction, 1988 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. Page 8 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunderstanding of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. Page 9 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. Page 10 14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and l will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then re readvertised. 18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES: The contractor, and all subcontractors, shall comply with the provisions in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the contractor and all sub- contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). Page 11 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifications. The Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in Violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project within ninety (90) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of two -hundred -fifty dollars ($100.00) for each calendar day thereafter as provided in the General Conditions. 24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted bylaw. Page 12 27. WITHDRAWAL OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 29. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. Page 13 CITY OF DIAMOND BAR TECHNICAL SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD DESCRIPTION The work shall consist of furnishing traffic signal poles and traffic signal controllers complete for the intersection of: GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD The equipment shall be installed at a later date by the City under separate City contract. STANDARDS. STEEL PEDESTALS AND POSTS Traffic signal poles shall conform to Section 86-2.04 of the Standard Specifications and the Standard Plans of the California Department of Transportation, dated January, 1988. Poles shall be furnished complete with anchor bolts. Poles shall be delivered to the City of Diamond Bar at a location designated by the City Engineer. SOLID-STATE TRAFFIC -ACTUATED CONTROLLERS Solid-state traffic -actuated controllers shall conform to the current Standard Special Provisions and requirements for traffic signal controllers and appurtenances of the Los Angeles County Department of Public Works. Traffic signal controller shall be Type 170 with LACO-1 program in a Type 332 cabinet. Controller and cabinet shall be furnished complete with safety monitors, loadswitches, detectors and other appurtenances as required for eight vehicle phase and four pedestrian phase operation and ready for field installation. Controller and cabinet assemblies shall be delivered complete for testing to the Los Angeles County Department of Public Works at the location designated by the Engineer. The Contractor shall schedule his work to allow twenty-one (21) days for testing. The testing period shall be included within the time allowed for completion as stated in the Time of Completion and Liquidated Damages section of these specifications. Upon completion of successful testing, the equipment shall be delivered to the City of Diamond Bar at a location designated by the City Engineer. DELIVERY The Contractor shall be responsible for all costs associated with transportation, loading, offloading and delivery of all equipment to the locations designated herein. The Contractor shall also be responsible to deliver all equipment to the City of Diamond Bar in first-class working order and ready for field installation. Page 14 CITY OF DIAMOND BAR TECHNICAL SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD TIME OF COMPLETION AND LIQUIDATED DAMAGES All equipment shall be delivered to the City of Diamond Bar within ninety (90) calendar days after award of the bid. Liquidated damages shall be assessed at the rate of $100.00 per day for each day in excess of the time allowed. PAYMENT The prices bid for the various items shall include all costs, including, but not limited to, material, transportation, protection of equipment and applicable sales tax. No additional payment will be made therefor. Page 15 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD ITEM DESCRIPTION UNIT AMOUNT NO. QUANTITY PRICE 1 2 Type 24-4-70 pole with 35' signal mast arm and 12' luminaire mast -arm 2 1 Type 17-3-70 pole with 20' signal mast arm and 12' luminaire mast -arm 3 1 Type 16-3-70 pole 20' signal mast -arm 4 2 Type 1-A (10') pole 5 2 Type 26-4-70 pole with 45' mast -arm and 12' luminaire mast -arm 6 1 Traffic signal controller and cabinet complete for Golden Springs Drive and Sunset Crossing Road TOTAL BID $ In words In figures In case of discrepancy between words and figures, words shall prevail. Unbalanced bids may result in rejection of the entire bid proposal. Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. Page 16 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD The undersigned bidder further understands that the City of Diamond Bar, California reserves the right to award all or any part of this bid without any obligation to the City. The City also reserves the right to waive and informality in bids. Dated: , 1990 PROPER NAME OF BIDDER By: (Signature of bidder) Address City and Zip Code Telephone Number License No. and Type Page 17 CITY OF DIAMOND BAR SPECIFICATIONS FOR TRAFFIC SIGNAL EQUIPMENT GOLDEN SPRINGS DRIVE AND SUNSET CROSSING ROAD Accompanying this proposal is (insert "$ cash," "cashiers check," "certified check," or "bidder's bond," as the case amy be) in the amount equal to at least ten percent (10%) of the total bid. The undersigned further agrees that in case of default in executing the required contact, with necessary bond, within ten (10) days, including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME OF BIDDER (PRINT) SIGNATURE DATE ADDRESS CITY ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION Page 18 AFFIDAVIT FOR CO -PARTNERSHIP FIRM STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) being first duly sworn, deposes and says: That he is a member of the co -partnership firm designated as which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co -partnership by who constitute the other members of the co -partnership. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 19 AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, a corporation which is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 20 AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is the party making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Subscribed and sworn to before me this day of Signature 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 21 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) , being first duly sworn, deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: 6 that such bid is genuine and not collusive or.sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Signature Subscribed and sworn to before me this day of 19 Signature of Officer Administering Oath (NOTARY PUBLIC) Page 22 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled land is required by said City to give this bond in connect with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by such Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1990. PRINCIPAL SURETY BY: (SEAL) BY: Page 23 (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contract has been awarded and is about to enter into the annexed contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if said Contractor in said contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1990. PRINCIPAL SURETY BY: BY: (SEAL) Page 24 ( SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as principal, and as surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on September 25, 1990 for Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road in the City of Diamond Bar. NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court. BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1990 PRINCIPAL (seal) (seal) (seal) (seal) (seal) (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. Page 26 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Equipment for Golden Springs Drive and Sunset Crossing Road. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. Page 27 3. TERMS OF CONTRACT a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within ninety (90) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Page 28 b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto ($500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; .$1,000,0001 each accident. 4) Contractor's Protective - Property (Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified ',to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: Page 29 "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Page 30 Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprenticeship council, properly indentured apprentices may e employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of,not less than one apprentice to eight journeymen. Page 31 The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent Page 32 contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, o liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. Page 33 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance .with Contractor's Proposal dated September 25, 1990. 12. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto. IN WITNESS. WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Title Title CITY OF DIAMOND BAR, CALIFORNIA By: Mayor By: City Clerk Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time Page 35 AGENDA ITEM NO. 33 NO DOCUMENTATION AVAILABLE AGENDA NO. �.D CITY OF DIAMOND BAR AGENDA REPORT DATE: August 29, 1990 MEETING DATE: September 4 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Irwin Kaplan, Interim Planning Director SUBJECT: HOTEL/COMMERCIAL-RETAIL PROJECT Environmental Determination, Zone Change 90-0036, and Development Project proposing a Zone Change from M-1 to C-1 and a development Agreement to allow construction of a Three floor, 135 room hotel, a 5,000 sq. ft. restaurant, and three one floor commercial buildings totalling 25,000 sq. ft., four freestanding signs under a six ft. in height, one freestanding sign 39 ft. in height, and wall signage. BACKGROUND: This Project has been to the Planning Commission on four occasions and to the City Council on one previous occasion. The intensity of the uses on site have been reduced by replacing fast food restaurants with commercial -retail uses. The Site plan has been revised to allow for access to the Shop building via a 15 ft. wide driveway. Pad "C" had previously been designed for the fast food restaurant but now is planned for a 4,500 sq. ft. retail building. Additionally, the Fairfield Inn footprint has been turned clockwise in an effort to improve internal traffic circulation. A Development Agreement has been drafted by the City Attorney. This document specifies allowed and prohibited uses and development standards beyond those right of zone uses and development standards of the zoning ordinance. The Development Agreement covers a specified period of time before expiration and allows the applicant to request revisions as needed. 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 Terrence L. Belange- City Attorney Assistant City Manager The Planning Commission recommended that signage not be approved until the new Sign ordinance has been adopted. Pursuant to the applicant's request, staff has spent approximately 8 hours researching the minutes and tapes of the City Council meetings of June 5 and June 19, 1990. No indication of exemption from the sign moratorium for the project was discovered. It should, however, be kept in mind that the development agreement is a mechanism which does allow the City Council to act on all aspects of the project as submitted by the applicant. The Development Agreement permits the city to vary from the ordinance as well as require more restrictive standards to be applied to the development. In this instance, the development agreement overlays a fairly restrictive C1 zone, but permits a 3rd story not otherwise permitted in the zone. This is preferable to rezoning to a less restrictive zone which would permit greater intensity as well as height, in this manner any future termination of the agreement would retain the more restrictive zone on the property. ATTACHMENTS: Exhibit #1 Staff Report Exhibit #2 Environmental Determination Exhibit #3 Planning Commission Resolution Exhibit #4 Planning Commission Minutes Exhibit #5 Site Plan RECOMMENDED COUNCIL ACTION BY PLANNING COMMISSION: 1. 2. 3. 4. Approve Mitigated Negative Declaration Approve Zone Change 90-0036 Approve Development Agreement No. 1 (1990) Set aside signage action until new Sign Ordinance is adopted. �_-X-I(6)T" 1 AGENDA NO. PLANNING COMMISSION AGENDA REPORT' DATE: August 7, 1990 MEETING DATE: August 13, 1990 TO: Honorable Mayor and City Council FROM: Irwin Kaplan, Planning Commission Secretary BY: Robert Searcy, Assistant Director of Planning SUBJECT: Environmental Determination Zone Change, and Development Agreement 90- 0036, an application to develop a multiple tenant commercial center providing retail, office, 3 story hotel and restaurant services with a total of 79,950 sq. ft. on 7.54 acres of land. Also proposed are: one 39' - 0" freestanding sign, three 6' - 0" monument signs, one 42" directional sign, and three wall signs totalling 172 sq. ft. and a development agreement to change the zone designation from M -1 -DP -BE to zone C-1. APPLICANT: Cahan/Criseli Properties on behalf of Louis Marceliin, Walnut, CA RECOMMENDED ACTION OF THE PLANNING COMMISSION: 1. Approve Environmental Determination for Mitigated Negative Declaration. 2. Adoption of Resolution PC90-XX-(1990) recommending Council approval of a zone change in support thereof. 3. Recommend Council approval of the Development Agreement allowing the zone change from M -1 -DP -BE to C-1, permitted uses, and permitted development standards. I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Recommend Council approval of a zone change and a Development Agreement for a commercial center development with signage and issuance of a Mitigated Negative Declaration. B. Surrounding Land Use and Zoning: North - Zone R-3, R-1, R-1-6000 developed with single and multiple family residences; Zone C -2 -BE developed with AM -PM Mini -Mart. East - Zone R-1-6000 developed with single family residences. South - Pomona Freeway. West - Zone C -1 -DP developed with a day care center, zone R -A- 8000. C. General Plan Desiznation: Lies beyond Community Plan boundary. D. Site Characteristics: The site is currently developed with a recreational vehicle sales and storage facility. E. Parking Calculations: Number Type Square Parking of Spaces of Use Footage Ratio Required Hotel 49,915 1 per room 135 Restaurant 5,000 1:3 occups. 73 Pad "B" 6,000 1:250 24 Pad "C" 4,500 1:250 18 Shop Bldg. 14,535 1:250 58 Total 79,950 308 Provided 314 F. Sianaze: Total Tyne Heizht Sv. Ft. Monument Signs 6'-3"x 7' 131.25 sq. ft. Pad "A -C" (3) (43.75 sq.ft. per sign) Fairfield wall N/A 172 sq. ft. Signs (3) Fairfield Direc- 42" max. 21.75 sq. ft. tional Signs (2) (15.75 sq.ft., 6 sq. ft.) Freestanding sign 39' 182.25 sq. ft. (13'.6" x 13'.6") Total 507.25 sq. ft. II. ANALYSIS: A. General: This application is a redesign of an application previously approved by the Planning Commission. The application was appealed by the City Council on June 5, 1990 and as a result of concerns expressed by the City Council, the applicant has redesigned the project and requested that a development agreement be entered into. The development agreement would serve two functions: 1. As proposed, the project would exceed the 2 story height limit permitted in C-1 zones, rather than re -zone the property to C-3 which would allow far too broad a range of uses and intensities for this area, the development agreement would allow only the height to be exceeded by one story, while 2 maintaining the restrictions of C-1 zoning, which would be more consistent with the character of the surrounding area. 2. The development agreement would also provide the developer with the assurance that he could build the project as approved, but any other type of development would be of the C-1 zone. This application has deleted all fast food restaurant uses from the project but increased the overall retail square footage. The retail shops building is reduced approximately 1500 sq. ft. from previous designs and the hotel has been rotated in a clockwise manner but remains primarily the same. Pad "C" has been enlarged, as a result the deleted fast food restaurant from, 2,000 sq. ft. to 4.500 sq. ft. of commercial space. Parking on the site has been reduced from 323 spaces to 314 spaces. The reduction of these spaces is the result of the shared access with the parcel to the northwest and the creation of an access to the easement along the flood channel behind the shop building. Handicapped and standard parking are provided per code requirements. Parking is adequately provided in close proximity to all structures on site except for the shop building. Although this in-line commercial building provides the greatest commercial area on the parcel, the structure has the smallest number of available parking spaces on a per square foot basis than all other structures. Therefore a significant proportion of pedestrian traffic would have to cross the main arterial of the site to reach the in-line shop building. Additionally, no loading zones or delivery areas have been designated. All three of the retail buildings are to be 1 story, 32 feet in height and would display off-white stucco exteriors with blue tile trim. It should be noted that as proposed. a 32' height could accommodate a second story within the building shell. All wall signs would comply with the center's sign plan and would not extend above the eave of the roof. The Fairfield Inn is a three story 42 ft, high 135 room hotel with no food service or live entertainment. The hotel's exterior materials are planned to be the same as the commercial buildings. Signage for the complex is composed of two phases. As a part of this application, nine signs are proposed. Three 6 ft. monument signs and a Fairfield directional sign are proposed at locations along the Brea Canyon frontage. The Fairfield Inn proposed three wall signs on the north, west, and south elevation of the hotel totalling 170 sq. ft. Additionally, there is a freestanding sign 39 ft. in height proposed to display the hotel and retail tenants. The sign would be located at approximately the same location as the current freestanding sign. This project is exempted from the restrictions of the moratorium per Council action. Subsequent signage proposed by tenants not a part of this application would have to conform to an approved sign plan. The applicant has submitted a sign plan limiting letters to a maximum height of 24" and utilization of four colors and any national logo or trademarks as permitted within C-1 zone standards. The project contains approximately 22 percent landscaping and open space. Landscaping appears along each property line although not uninterrupted. Staff feels a landscaped berm along Brea Canyon Rd. 3 III. would limit light spillage from the parking areas and also as an aesthetic feature. Landscaping is also planned to lessen the visual impacts of the parking areas. This would be achieved by planting implementation of trees and ivy on landscaped islands at various locations. ISSUES During the course of reviewing this application, traffic (internal and external) circulation, compatibility with surrounding land uses and architectural composition were identified as primary areas of concern. Traffic External: The mitigation conditions as approved by the Planning Commission have remained in place. The City Council has placed a condition of shared access between the subject parcel and the adjacent parcel to the northwest on any approval for both parcels. Internal: Pedestrian safety is a concern that is created from the configuration of the parking area and the arterial that provide the internal traffic flow. The applicant has shifted the location of the Fairfield Inn to discourage incidental traffic flow around the hotel thus decreasing pedestrian hazards. The deletion of the fast food restaurant would significantly decrease the traffic congestion problems which would have resulted from the previous design. The increase in retail square footage is not projected to create the congestion associated with the fast food restaurant. There is however, no provision made for delivery or Loading zone areas. Compatibility: This issue has been addressed previously and as a result of previous Planning Commission action, been determined to be acceptable. Once again, the deletion of the fast food usage further addresses concerns from residents in the area who voiced objections to that use at the public hearings. Architectural Composition: The project proposed to utilize the same materials as approved on the previous project. Exterior materials include off-white stucco and blue tile trim. The commercial buildings are to be 32 ft. high one story structures. The three story 42 ft. high hotel will display a tower to break the visual form. The restaurant will provide outdoor dining facilities in addition to the interior dining provided by the one-story structure. Overview• To address the concerns of the City Council and the Planning Commission and to provide the applicant with provisions to achieve his objectives, a Development Agreement has been proposed. Within this contract, a zone change to C-1 (Restricted Commercial) would 4 be granted with specific allowances and restrictions including F development standards and allowed uses. Within the terms of this contract, there is a specified grant period of 25 years and also provisions that stipulate transference of the contract to any new owners of the parcel. The Development Agreement is a proposed application and can be approved as submitted, revised, or denied. Any information not present for review by the Commission can be requested to be provided to the Commission at the applicant's expense. CONCLUSION: The project has removed all fast food uses. The hotel has been relocated, a location has been shown for the shared access to the adjacent parcel and, access has been provided to the rear of the shop building. The monument signs along Brea Canyon Rd. have been reduced to a height of 6 ft. and the 39 ft. freestanding pole sign is planned for the location of the existing freestanding pole sign. A sign plan has been submitted for future signage. Pedestrian safety could be enhanced if the parking attributable to the various buildings were adjacent to the buildings and not separated by the main internal access road as is currently the case with respect tot the shop building. Since the shape of this limits the alternatives for building location and configuration, the Commission may choose to accept the site plan as proposed. As an alternative, the Commission may wish to ask for redesign of this site, which may necessitate a reduction in the floor area to achieve a better site design. The architectural design of the retail structures provide a height of 32 ft. This height can easily accommodate two floors of habitable space. The Commission may wish to require the buildings to be reduced to a one story height limit if it wishes to discourage the possibility of future additional on the site. If, on the other hand, the Commission feels that it may wish to consider the possibility of additional development at some time in the future, then any additional floor space created by utilizing this space would have to conform to all development standards in effect at the time of application submission. Any action taken on this application should in no way be implied as consent to approve any additional development to this site at a later date. The remaining components of the project have been refined to meet the concerns of the majority of the residents in the vicinity of the project, the Planning Commission, and concerns voiced at the City Council appeal hearing. c:1vp51\stffp1an190836 Ei NEGATIVE DECLARATION ZONE CHANGE 90-0036 CONDITIONAL USE PERMIT 89-440 EXPLANATION OF ENVIRONMENTAL CHECKLIST RESPONSES 1. Earth. (A,B,C,D,E,F,G) ITEMS CHECKED "NO" Construction of the proposed project will a limited amount of grading and earthwork and disruption to soil conditions. The proposed grading will incrementally increase the potential for erosion due to wind and water during the construction. 2. Air. (A B C ITEMS CHECKED "NO" Due to the nature of the project and the use that it will replace, the amount of dust generated will substantially decrease. The added generation of exhaust fumes as a result of the project will be largely offset by the improved efficiency of traffic flow on surface streets and the Brea Canyon Rd and Lycoming St. intersections, 3. Water. (B) ITEMS CHECKED "YES" The majority of the site is unpaved presently but the proposed project will establish a significant amount of impervious materials which will create drainage volumes to exceed current drainage volumes. 3. Water. (A,C,D,E,F,G,H_,Il ITEMS CHECKED "NO" Although drainage volume and patterns will be altered, the project will not cause an excess of current carrying capacities. Additionally, the project will not affect water resources in the area. 4. P ant Life. (4 B,C,D) ITEMS CHECKED "NO" Due the lack of existing natural plant life, the project will not have a negative effect on natural habitat but rather will introduce more plant species in the area through implementation of the landscape plan. 5. Animal Life. (A B G,D) ITEMS CHECKED "NO" The proposed development will not impact animal life. Due to the urban nature and previous development, no endangered animal or species are located on the site. 6. Noise. (A,B) ITEMS CHECKED "NO or POSSIBLY" The possibility of the project creating an addition to the current noise levels produced chiefly form the SR 60 FRWY are very slight. The only perceived increase may occur chiefly during the short term of the construction and grading phase of the project. 7. Light and Glare. ITEMS CHECKED "YES" The project will introduce new sources of light to the project site. The project will however not create any significant new light spillage offsite. 8. Land Use. ITEMS CHECKED"YES" The proposed project is a substantial intensification of the present land use. The zone change allows for the site to be developed to its highest and best use. 9. Natural Resources. ITEMS CHECKED "NO" The project will not deplete any nonrenewable natural resources although electricity and water consumption will increase over present levels. 10. Risk of Upset. ITEMS CHECKED "NO" The project does not propose the use of any hazardous materials. There will be compressed liquids used at the restaurants but the likelihood of explosions is virtually none. 11. —Population -!-ITEMS CHECKED "NO" Due to the nature of the project, little or no impacts to the location, distribution, density or growth rate of the human population are anticipated. 12. Housing ITEMS CHECKED "NO" No additional demands for the creation of new housing is anticipated. 13. Transportation/Circulation (A,B,D F) ITEMS CHECKED "YES" The project proposed will significantly increase the number of trips beyond the current levels, the need for parking onsite, the number of hazards present to motor, vehicle, and pedestrian traffic, and present patterns of circulation will be altered. 13. Transportation/Circulation IC,E) ITEMS CHECKED "NO" There will no substantial negative impact to the existing traffic systems or to waterborne, air, or rail traffic. Instead, with the implementation of the mitigation techniques, the existing traffic situation will maintain current levels of service or actually improve. 14. Public Services. ITEMS CHECKED "NO" Due to the nature of the project and the improvements provided by the applicant, the project will not interfere with the level of service maintained by the fire and sheriff departments, school or recreational facilities. 15. Energy-. ITEMS CHECKED "NO" The nature of the project is such that the demand for energy will not require the development of energy sources other than current sources. 16. Utilities. ITEMS CHECKED "NO" No substantial alterations to existing utilities will be required to proceed with this project. 17. Human Health. ITEMS CHECKED "NO The scope of the project does not anticipate the use of any chemicals or equipment which might be injurious to the health and safety of resident or surrounding property owners. 18. Aesthetics. ITEMS CHECKED "NO" The project will not obstruct any scenic vista or view open to the public. 19. Recreation. ITEMS CHECKED "NO" The project will not create the need for, or adversely affect existing recreational facilities. 20. Cultural Resources. ITEMS CHECKED "NO" No impacts to cultural resources are anticipated with project development, due to the current development status of the site. vp . MITIGATION MEASURES Noise Construction hours are limited to the hours of 7 a.m. to 6 p.m. Monday through Friday. No construction will be allowed on weekends or federal holidays. The center is scheduled to operate from 6 a.m. to 1 a.m. with the exception of the Fairfield Inn which operates 24 hours per day. Light and Glare Non -glare producing glass will be implemented throughout the center for restaurant, retail, and the hotel uses. Also, an eight foot wall and 24" box trees will further reduce light spillage from the project into the residences to the north. Traffic The traffic signal for State Route 60 off -ramp must be modified to provide a left turn phase for traffic turning onto the freeway and a right turn phase for traffic turning of the freeway, This improvement will provide for signal system operation and also improve the Level of Service to Level D. A third lane should be stripped southbound on Brea Canyon Road from the project entrance to the SR 60 ramp intersection. This lane would turn right onto the freeway westbound. The traffic signal existing at Brea Canyon and Lycoming St. must be modified to provide left turn signals for northbound and southbound. The level of traffic forecasted for the site would still require a traffic signal at the main accesstoallow left turns onto Brea Canyon Rd. lt�X hibi+ 3 RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING ISSUANCE OF A MITIGATED NEGATIVE DECLARATION, APPROVAL OF ZONE CHANGE NO.90-0036 AND DEVELOPMENT AGREEMENT NO.1 (1990) TO CHANGE A M -1 -DP -BE ZONE DESIGNATION TO A C-1 ZONE AND FOR THE DEVELOPMENT OF A 3 STORY HOTEL, APPROXIMATELY 24,000 SO. FT. MIXED RETAIL, AND ONE RESTAURANT ON A 7.54 ACRE SITE LOCATED AT BREA CANYON ROAD AND STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Cahan/Crisell Properties on behalf of Louis Marceliin, Walnut, California, has heretofore filed an application for approval of a Zone Change No.90-0036 and Development Agreement No.1 (1990) as described in the title of this Resolution. Hereinafter in this Resolution, the subject Zone Change and Development Agreement No.1 (1990) are referred to as "the application (ii) On August 13, 1990 the Planning Commission of the City of Diamond Bar, conducted a duly noticed public hearing on the 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, iti is found, determined and resolved by Planning Commission of the City of Diamond Bar as follows. 1. This Planning Commission hereby specifically finds that all of facts set forth in the Recitals, Part A. of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above -referenced public hearing on August 13, 1990. including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at Brea Canyon Road and the SR 60Freewaywith a gross area of 7.54 acres and is currently developed with a recreational vehicle sales and storage facility; and (b) The properties to the north of the subject site are developed with single family and multiple family residences and also an AM/PM Mini Mart, located to the south of the site lies the SR 60 Freeway, the property to the east is residential and is developed with single family residences, and the properties to the west are developed with single family residential homes and a day care center; and (c) The subject property consists of a recreational vehicle sales and storage facility and is surrounded by commercial and high density residential land uses; and (d) The site is sufficient in size and can provide adequate ingress and egress to allow commercial development in character with surrounding current landuses; and (e) Hours of operation are proposed to be between 6:00 a.m. to 1:00 a.m. with the exception of the hotel which will remain open 24 hours daily; and (f) There is adequate space to provide all the parking necessary based on gross floor area. 3. Based upon substantial evidence presented to this Commission during the above -referenced August 13, 1990 public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed application is in accord with the proposed General Plan, the objectives of the Community Plan and is compatible with land uses surrounding said site. i (b) That the proposed application, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (c) That the application complies with all applicable provisions of the City Planning and Zoning Code. 4. This Commission hereby recommends that the City Council find and certify that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, hereby issue a Negative Declaration with conditions. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of the application for Zone Change and Development Agreement subject to the following restrictions as to use and standard conditions as contained in attachment to this document and marked Exhibit "A",. Development Agreement No.1, and Exhibit "B", an ordinance Approving Development Agreement No.1 as referenced here: Planning Commission Recommended Conditions 1) This approval recommendation shall apply to the Zone Change No. 90-0036 for approval of a C-1 Zone designation, restricted commercial and, for development of a 135 room hotel, 24,000 square feet of retail space, and one restaurant totaling 5,000 square feet. A. The hours of operation shall be Limited to 6:00 a.m. to 1:00 a.m. for the general center with the exception of the hotel which will provide 24 hour operation. B. Landscaping must be approved by the Director of Parks and Maintenance and shall be maintained by applicant. 2) The Development Agreement will expire, unless extended by the City Council, on December 31, 2016, so long as the Developer remains in material compliance with the Development Agreement, as from time to time amended. 3) Occupancy of the facilities shall not commence until such time as all Uniform Building Code, State Fire Marshall's regulations, and the Los Angeles County Department of Health Services regulations have been complied with. 4) No signs are approved as part of this recommendation and must be rieviewed as part of a separate application. 5) Parking and landscaping must be provided as approved and shall be in compliance with City requirements. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST, 1990. PLANNING COMMISSION OF THE CITY OF DIAMOND BAR BY: David Schey, Chairman ATTEST: Irwin Kaplan, Secretary I, Irwin Kaplan, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th day of August, 1990, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] UH e5KH `5 f Recorded At the Request Of And When Recorded Mail To: Lynda Burgess City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 DEVELOPMENT AGREEMENT NO. 1 (1990) CONCERNING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BREA CANYON ROAD AND THE ROUTE 60 (POMONA) FREEWAY, DIAMOND BAR, CALIFORNIA THIS AGREEMENT is made and entered into as of the "Effective Date" set forth herein by and between LOUIS MARCELLIN ("Developer") and the CITY OF DIAMOND BAR, a municipal corporation organized and existing under the laws of the State of California ("City"). W I T N E S S E T H• A. Recitals. (i) California Government Code Sections 65864, et seq. authorize cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. Developer owns all interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iii) The Site is now zoned C-1 (Restricted Commercial) pursuant to the provisions of.City's Zoning Ordinance and Zoning Map, as amended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (iv) On , 1990, City adopted its Ordinance No. (1990), thereby approving this Development Agreement with Developer and said Ordinance was effective on . 1990. 01 B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Diamond Bar. b. "Developer" is LOUIS MARCELLIN. C. "Development Plan" are those plans and specifications attached hereto, marked as Exhibit "B" and incorporated herein by this reference, and comprised of the documents including, but not limited to, a final site plan (including design elevations), sign plan and site utilization map, stamped "Received, August 6, 1990." The Development Plan attached hereto includes various conditions of approval set forth in Exhibit "C"hereto which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The project also includes the records of applications by Developer, the proceedings before the Planning Commission and City Council, and all such records and files in these matters are incorporated herein by this reference as though set forth in full. d. "Project" is that development approved for the Site as provided in this Development Agreement comprised of a three (3) story hotel, restaurant and retail uses, all as reflected in the Development Plan attached hereto as Exhibit "B" and the conditions set forth in Exhibit "C." e. "Effective Date" shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City's City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has full legal title to the Site, that it has full legal right to enter into this Agreement and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so. 2 4. Binding Effect of Agreement. Developer hereby subjects the Project and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer's successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the Project is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Diamond Bar. S. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the effective date and shall expire on December 31, 2016, so long as Developer remains in material compliance with this Agreement, as from time to time amended. 7. Construction. Developer shall complete construction work for the Project on the Site, and all phases thereof, including, but not limited to, landscaping and all off-site improvements, pursuant to a building permit or permits issued by City within two (2) years following the effective date. Notwithstanding any other term or provision of this Agreement, Developer shall complete rough grading of the Site, in accordance with approved grading plans, within forty-five (45) days of the effective date. 3 8. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of this Site (as may be subsequently subdivided), to any person or entity at any time during the term of this Development Agreement. Any such transfer shall -be deemed to include an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. 9. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement. b. The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes, the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement and the attached Development Plan. 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Development Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Zoning Ordinance, in effect as of the effective date of this Development Agreement, shall apply to the construction and development of the Site. a. The provisions of this paragraph 10 shall not preclude the application to the development of the Site those changes in City ordinances, regulations, plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. b. The payment of fees associated with the construction of the Project, including land use approvals, 4 b. Uses Requiring Conditional Use Permit. 12. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Agreement no later than March 15 of each calendar year. 13. Indemnification. Developer agrees to, and shall, hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the construction and operation of the Project. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages and claims for damage suffered ri development fees, building permits, etc., shall be pursuant to those fees in effect at the time application is made for such approvals or permits. C. City may apply any and all new ordinances, rules, regulations, plans and specifications to the development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date. d. Nothing herein shall prevent the application of health and safety regulations (i.e., fire, building, seismic, plumbing and electric codes) that become applicable to the City as a whole. 11. Permitted Uses. Those uses allowed on the Site shall be as follows: a. Permitted Uses. 5 or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. 14. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868, et seq., or their successor provisions. 15. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the Director of Development Services pursuant to the terms of City's Zoning Ordinance. 16. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 17. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. If a finding and determination is made by City following an annual review pursuant to paragraph 12 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 16 hereinabove; or 7 i C. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 16 hereinabove. 18. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 19. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the fore- closure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 20. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: 8 a. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; b. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 21. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: a. They are commenced within thirty (30) days after service on Developer of the notice described herein- above; b. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 22. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. 01 To Developer: LOUIS MARCELLIN 20326 Fuerte Drive Walnut, California 91789 To City: City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Attention: City Manager 23. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 24. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 25. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of Los Angeles within ten (10) business days following the Effective Date. I IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth hereinabove. Dated: CITY OF DIAMOND BAR, a municipal corporation By 10 Gary L. Werner, Mayor ATTEST: Lynda Burgess, City Cl City of Diamond Bar LOUIS MARCELLIN STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary L. Werner and Lynda Burgess proved to me on the basis of satisfactory evidence to be the persons who executed this instrument as Mayor and City Clerk of the City of Diamond Bar, a municipal corporation existing and organized under the laws of the State of California, and acknowledged to me that the City of Diamond Bar executed it. Notary Public in and for said State STATE OF ss. COUNTY OF On , 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared LOUIS MARCELLIN, proved to me on the basis of satisfactory evidence to be the person who executed this instrument. Notary Public in and for said State S\1012\DA190DB\DB 6.12 11 j,. f4 ORDINANCE NO. (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT DOCUMENT ENTITLED 'DEVELOPMENT AGREEMENT NO. 1 (1990) CONCERNING PROPERTY LOCATED AT THE NORTHEAST CORNER OF BREA CANYON ROAD AND THE ROUTE 60 (POMONA) FREEWAY, DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND BAR. A. Recitals. (i) California Government Code Section 65864 provides, in pertinent part, as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. . . ." (ii) CalifornialGovernment Code Section 65865 provides, in pertinent part, as follows: "Any city . . . , may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. . . ." (iii) California Government Code Section 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation or dedication of land for public purposes. 1 The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. ." (iv) Attached to this Ordinance, marked Exhibit "A" and incorporated herein by reference, is a proposed Development Agreement No. 1 (1990), concerning that approximately 7.5 acre parcel located on the northeast corner of Brea Canyon Road and the Route 60 (Pomona) Freeway, in the City of Diamond Bar, and as legally described within the attached Exhibit "A." Hereinafter in this Ordinance, that agreement attached hereto as Exhibit "A" is referred tows "the Development Agreement." (v) This City Council has heretofore adopted an ordinance amending the zone designation for the subject property from Light Industrial designation to Restricted Commercial. The Proposed developer of the property and the City desire to provide through the attached Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound planning principles, all in accordance with the above -referenced Provisions of law. (vi) On , 1990, the Planning Commission of the City of Diamond Bar held a duly noticed public hearing concerning the proposed Development Agreement and has recommended to this Council the adoption of the Development Agreement. (vii) This Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (viii) 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: 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. 2. (a) The City Council of the City of Diamond Bar hereby finds that Negative Declaration No. 90-02, adopted with respect to the project on , 1990, was prepared in compliance with the California Environmental Quality Act of 1970, 2 as amended, and the Guidelines promulgated thereunder and that this Council has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in this Ordinance. (b) The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur. (c) The City Council finds that facts supporting the above-specified findings are contained in the Negative Declaration, the staff report and exhibits, and the information provided to this City Council during the public hearing conducted with respect to the project and the Negative Declaration. Mitigation measures will be made a condition of approval of said project and are intended to mitigate and/or avoid environmental effects identified in the Negative Declaration. 3. This Council specifically finds that: (a) The location, design and proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity; (b) The Development Agreement will produce within the project an environment of stable and desirable character, and will not tend to cause traffic congestion on surrounding streets; (c) The proposed development will be well integrated into its setting; (d) Provision has been designed in the proposed development for both private and public open spaces at least equivalent to that required by the Zone; and I (e) (1) There is a reasonable probability that the land use proposed for approval hereby will be consistent with the general plan proposal being considered; (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use is ultimately inconsistent with the proposed general plan; and (3) The proposed use complies with all other applicable requirements of state law and local ordinances. 4. It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. 3 5. This Council hereby approves the Development Agreement attached hereto as Exhibit "A." 6. This Council hereby authorizes and directs the Mayor and City Clerk to execute the Development Agreement on behalf of the City of Diamond Bar forthwith upon adoption of this Ordinance. 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places as specified by Resolution No. 89-6. 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 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 S\1012\DAIDBORD\DB 6.12 4 CONDITIONS OF APPROVAL #90-0036 1. This grant will expire unless used within one (1) year from the date of approval. A time extension of up to one year may be requested before the expiration date. 2. This grant allows for the development of a commercial project of approximately 79,950 square feet on a 7.53 acre site. The approved uses composing this development are as follows: a. Fairfield Inn. A three story 42 ft. high 135 room hotel with assembly room and with parking in excess of 135 spaces plus parking as required by code for assembly area. Restaurants, dining facilities of any type, nightclubs or live entertainment are not allowed as part of this permit. Total square footage of 49,915 square feet. b. Sit-down Restaurant. A 5,000 square foot, 200 seat restaurant offering outdoor dining. All fast food restaurant uses are prohibited. No live entertainment is approved as part of the permit. Parking provided is in excess of the 73 required (based on occupant load determination). C. Retail Uses. Three retail structures not to exceed 32 feet in height with square footage totalling approximately 25,000 square feet. d. There are 308 required parking spaces for this project and 314 are provided. 3. Standard size parking stalls shall be no less than 60 percent of total and handicapped parking will be provided at one per 40 spaces (total of 8). 5. The hours of operation will be from 6:00 a.m. to 1:00 a.m. for all uses with the exception of the hotel which will operate on a 24 hour period. 6. All wall and monument signs shall conform to C-1 zone requirements and shall be submitted as a part of a coordinated sign program for all facilities approved under the CUP. Monument signs (height 6 ft., 63 sq. ft. total fascia each) for pads identified as pad A. B and pad C are approved and the directional sign for the hotel is approved for a height not to exceed 42" (14 sq. ft. total fascia). The freeway oriented pole sign for the center is approved but cannot exceed 39 feet above grade. No other signs are approved as part of this approval. All signs shall be internally illuminated. 7. The project must be developed at the applicant's expense to the satisfaction of the City Engineer including traffic mitigation conditions stipulated in the revised traffic report as follows: a. The traffic signal for State Route 60 off -ramp must be modified to provide a left turn phase for traffic turning onto the freeway and a right turn phase for traffic turning off the freeway. b. A third lane should be striped southbound on Brea Canyon Road from the project entrance to the SR 60 ramp intersection. This land would turn right onto the freeway westbound. C. The traffic signal existing at Brea Canyon and Lycoming St. must be modified to provide left turn signals for northbound and southbound. d. A traffic signal at the main access to the project site, to allow left turns onto Brea Canyon St. must be Installed at the applicant's expense. 8. A 3 'h ft. berm to conceal the parking area from view shall be located along the Brea Canyon Rd. Frontage and shall be landscaped with year round ivy. 9. The property line along the flood channel shall be landscaped with 24 inch box pine trees at least 15 feet in height at time of planting from building east. 10. The parking lot shall be landscaped with 15 inch box trees in the planters located at the perimeters of drive way aisles. 11. The extreme eastern portion of the site shall be landscaped and maintained in good condition. 12. An eight (8) feet high block wall shall be constructed along the northern border of the site along the flood channel and shall be landscaped with ivy to reduce exposed surfaces. The landscaping shall be maintained in good condition. 13. Lighting on site shall conform to the locations displayed on the approved landscape plan Lighting shall be configured so as to restrict light spillage off-site. 14. All trash enclosures shall be shielded from view and located in areas with low pedestrian access and with adequate light sources. 15. All window air conditioning units shall be mounted so as to not project beyond the exterior surface of the window from which it is mounted. If central air units are used, these units shall be roof mounted and shielded from view from street and freeway by material acceptable to the Director of Planning. 16. All materials utilized in the exterior finish of all buildings on-site shall be off-white stucco with blue trim as exhibited on the approved materials board. 17. The project will enter into a shared access easement in accordance with the approval on the parcel directly to the north and zoned C -1 -DP -BE. The easement shall hold both parties responsible for maintenance of said access in good repair. Additionally, all off-site traffic mitigation improvements shall be borne on pro -rata basis per City Engineer. 18. The Fairfield Inn shall provide a diagram and room numbers at each entrance with independent internal lighting. Each exit shall be maintained with adequate lighting. 19. Three (3) copies of the site plan,sign plan, and landscape plan as approved by the Planning Commission at the public hearing and conforming to such conditions that can be shown on a plan, shall be submitted for approval of the Director of Planning. c:4vp50\cndition0 M 36.CCA _k41gt.� a. Permitted Uses. - Air pollution sampling stations. - Access to property lawfully used for a purpose not permitted in zone C-1. - Antiques shops, genuine antiques only. - Appliance stores, household. - -Art galleries. - Art supply stores. - Automobile supply stores, including incidental installation of parts, subject to the provisions of Subsection B of Section 22.28.090 - Bakery shops, including baking only when incidental to retail sales from the premises. Banks, savings and loans, credit unions and finance companies. - Barber shops. - Beauty shops. - Bicycle rentals. - Bicycle shops. - Boat and other marine sales. - Bookstores. - Ceramic ships, excluding a kiln or manufacture. - Christmas trees and wreaths, the sale of. - Clothing stores. - Comfort stations. - Communication equipment buildings. - Confectionery or candy stores, including making only when incidental to retail sales from the premises. - Department stores. - Dress shops. - Drugstores. - Drycleaning establishments, excluding wholesale dry cleaning plants, provided that the building is so constructeddtand the equipment is so installed and maintained and the activity is so conducted that all noise, vibration, dust, odor and all other objectionable factors will be confined or reduced to the extent that no annoyance or injury will result to persons or property in the vicinity. - Employment agencies. - Fire stations. - Florist shops. - Furniture stores. - Furrier shops. - Gas metering and control stations, public utility. - Gift shops. - Glass and mirror sales, including automobile glass installation only when conducted within an enclosed building. - Greenhouses. - Hardware stores. - Health food stores. i Hobby supply stores. Ice cream shops. - Interior decorating studios. Jewelry stores. Laundries, self service. - Laundry agencies. Leather goods stores. - Libraries. - Liquor stores. - Locksmith shops. - Lodge halls. - Mail order houses. - Meat markets, excluding slaughtering. Millinery shops. Museums. Music stores. Notion or novelty stores. Nurseries, including the growing of nursery stock. Observatories. - Office machines and equipment sales. Offices, business or professional Paint and wallpaper stores. Parking lots and parking buildings. Pet supply stores, excluding the sale of pets other than tropical fish or goldfish. Photographic equipment and supply stores. Photography studios. Police stations. Post offices. Public utility service centers. Radio and television stores. - Real estate offices. Rental, leasing and repair of articles sold on the premises, incidental to retail sales. Retail stores. Shoe stores. - Shoe repair shops. Shoeshine stands. Signs as provide in Sign Ordinance. Silver shops. Sporting goods stores. - Stamp redemption centers. Stationery stores. Telephone repeater stations. - Tobacco shops. - Tourist information centers. - Toy stores. Watch repair shops. Yarn and yardage stores. b. Uses Requiring Conditional Use Permit. - Bars and cocktail lounges, but excluding cabarets. Child care centers. Colleges and universities, including appurtenant facilities giving advanced academic instruction approved by the State Board of Education or other recognized accrediting agency but excluding trade schools. Electric transmission substations and generating plants, including microwave facilities used in .conjunction with any one thereof. Hotels. Ice sales, excluding ice plants. - Live entertainment, accessory, in a legally established bar, cocktail lounge or restaurant having an occupant load of less than 200 people where the conditions of Section 22.56.1754 have not or cannot be met. This provision shall not be construed to authorize the modification of development standards required for establishment of such bar, cocktail lounge or restaurant. except as otherwise provided by Part 2 of Chapter 22.56 - Motels. Outdoor dining, where the conditions of Subsection G of Section 22.28.070 have not or cannot be met. Pet grooming, excluding boarding. Pet stores, within an enclosed building only. - Publicly owned uses necessary to the maintenance of the public health, convenience or general welfare in addition to those specifically listed in this section. - Radio and television stations and towers, but excluding studios. Recording studios. - Recreation club, commercial, including tennis, polo, swimming and similar outdoor recreational activities,,together with appurtenant clubhouse. Restaurants' and other eating establishments including food take-out. Schools, business and professional, including art barber, beauty, dance, drama and music, but not including any school specializing in manual training, shop work, or the repair and maintenance of machinery or mechanical equipment. Signs as provided in Sign Ordinance. Steam or sauna baths. Temporary uses. Tennis, volleyball, badminton, croquet, lawn bowling and similar courts. Theaters and other auditoriums. Veterinary clinics, small animal. c:\vp51\iisc.doc\uses CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION AUGUST 13, 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7:20 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Walnut, California. PRESENT: 4 COMMISSIONERS: Grothe, MacBride, Vice Chairman Harmony and Chairman Schey ABSENT: 1 COMMISSIONERS: Chairman Schey ALSO PRESENT: Bili Curley, City Attorney Ron Kranzer, City Engineer Jack Istik, Assistant City Engineer Irwin Kaplan, Interim Planning Director Robert Searcy, Assistant Planning Director Dawn Anderson, Planning Technician Larry Weissman, Associate Planner MINUTES: Chairman Schey asked the Commission to consider the Minutes of July 23, 1990. Motion was made by Commissioner MacBride and seconded by Commissioner Grothe to approve the minutes. MOTION CARRIED unanimously. MATTERS FROM THE PUBLIC: There were none. CONSENT CALENDAR: 1. City Council Minutes - meeting of July 10 and July 17. 2. Resolution PC# 90- for Conditional Use Permit 89-551, 54 unit apartment complex. 3. Resolution PC# 90- for Variance application 90-0054, for a three story house exceeding the 35 foot height limitation. Commissioner Grothe stated that he had a question pertaining to Item No. 2. This item was pulled from the consent calendar for discussion. 1 PLANNING COl!MISSION MINUTES AUGUST 13, 1990 Commissioner MacBride stated that he would like to see the colored elevations and he was also concerned with the banners. Chairman Schey stated he was concerned with the legality of the banners. He would like to see more information on the sign program and the parking plan. He feels that they have to include in the parking configuration the probability that the mezzanine area will be converted into dinning. Mr. Searcy stated that, according to Section 22.52.9.90 of the code, banners are prohibited. Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to continue Conditional Use Permit 90-0070 and the Mitigated Negative Declaration to August 27th, pending the receipt of colored elevations, a detailed sign plan and a revision of the parking plan to accommodate parking for the mezzanine deck. MOTION CARRIED unanimouslv. 6. Zone Change and Conditional Use Permit 89-440, A request for a Zone Change from M1 (Light Manufacturing) to Cl (Restricted Commercial) and a Development Agreement to allow a 135 room hotel with a conference room, a 5,000 square foot restaurant, three retail structures totalling approximately 25,000 square feet and five (5) freestanding signs with.a height in excess of six (6') feet. Commissioner Grothe excused himself from the hearing due to a possible conflict of interest. Mr. Curley stated that the Commission approved the change of zone to accommodate the project but the zone selected did not permit the project as planned and approved. The zone only permitted 2 story hotels and this project proposed 3 stories. The project is back before the Commission with the same development proposal but with a development agreement accompanying the Zone Change request. The project will be controlled by the Development Agreement which will give the City more control over the project. 24 PLANNING COMMISSION MINUTES AUGUST 13, 1990 Mr. Searcy stated that this project is back before the Commission based upon an appeal by the City Council directing the project back to the Planning Commission to address concerns based upon intensity of use, internal circulation and an appropriate zone to allow the hotel to be constructed. This project is accompanied with a Development Agreement. This Development Agreement will govern the configuration of the project, architectural styling, materials, and specific uses that the project will be able to attract to the center as tenants. There is also specific timing and term of the Development Agreement which'is very restrictive. When the project was initially approved by the Planning Commission, the project included a fast food restaurant, sit- down family restaurant, two commercial retail buildings and a 3 -story, 135 room hotel. As the project comes back to the Commission, it is in its previous form except it has slightly been rotated in its configuration to allow for better circulation and to address the concerns regarding parking and pedestrian circulation to the eastern portion of the project. The family restaurant and pad B have not been revised. Pad C has been changed from a fast food restaurant to a 4,500 square foot commercial retail building and the shop building has been decreased in sizeto a current 14,535 square foot structure. Signage for the project is the same as approved by the Commission at the previous meeting. Included in the sign program are 3 monument signs for Pads A through C. The total square footage for these signs is 131.25 square feet. They will be 6 feet in height and will have a 3 foot by 7 foot configuration. The Fairfield Inn will have 3 wall signs which total 172 square feet. There are two directional signs for the Fairfield Inn. One at the entrance of the project site taking access from Brea Canyon the other at the northern elevation of the Fairfield Inn. There is also a freestanding 39 foot high freeway oriented sign which will be 182.25 square feet. 2' 5 PLANNING COMMISSION MINUTES AUGUST 13, 1990 The zone change request is for a -C1 zone. The Development Agreement allows for the three story hotel which is not presently allowed in the Cl zone. A variance request is not applicable because there is not the findings of a topographical difficulty and such which would allow a variance to be approved. The uses, as stated in the Development Agreement, are primarily Cl zone uses other than the allowance of the development of the 3 -story hotel. There is a reduction in the parking spaces which is a result of the provision of an access to the parcel to the north which was a concern of the Citv Council.. There has been an access to the rear of the shop building that serves the 15 foot easement along the flood channel. Provision of these two access points has resulted in a reduction of the parking. Per the requirements, the applicant is still in excess of the required number of parking spaces. Shared parking will evolve out of the use of the hotel and the shopping areas due to the difference in the peak hours of the facilities. The Sign Program, as submitted by the applicant, will require that each owner to obtain permits through the Planning and Building Departments at the time that they occupy the buildings. Landscaping and open space for the project is approximately 22 percent of the gross square footage of the project. Landscaping along the flood channel will be implemented with 24 inch box trees and an eight foot block wall which w411 provide adequate privacy and blockage of any type of negative aesthetics that the neighbors to the north of the project might experience. The traffic mitigation is basically the same. There is a reduction probably in the intensity of traffic generated based upon the reduction in the type of uses that have implemented into the project. The mitigation conditions are the same and the Architectural composition is the same. They will be using the same colors and materials. Staff recommends review and will take direction from the Commission as to the conditions that may be additionally addressed. The Commission has received a copy of a letter from Commissioner Lin. She stated in a conversation with Mr. Searcy that her main concern, in addition to the letter, is the internal circulation of the project. The main entrance to center off of Brea Canyon is approximately 28 foot driveway aisle that will have to be crossed in order to get to the main commercial building. There may be some safety concerns pertaining to the pedestrian traffic crossing this area. 26 PLANNING COMMISSION MINUTES AUGUST 13, 1990 The hearing was opened to the applicant. Ken Spear, Cahan Crisel Properties, the applicant, stated that they have undergone several changes and he feels that they now have addressed all of the concerns of the City Council and the Planning Commission. In converting Pad C from a fast food restaurant, they were able to lengthen the entry before there is any cross traffic. A11 of the circulation patterns are contained in one area without conflicting with the main entry. Most of the tenants will be front loading uses. There was still a concern pertaining to loading areas. As a result, they have created a back loading area which will enable trucks to make a 3 point turn and exit the area. They wanted to create an entry which would not create conflicts with the traffic circulation. They will install a continuous curb so that the traffic that enters will not have many opportunities to make turns in the entry area. The reason that they shifted the hotel was because they wanted to push it back on the site to allow for more parking. They have another scenario which will create additional parking, but will elements the continuous landscape barrier. They took pictures of the surrounding residences at a height which one would be at if standing on the third level of the hotel to show what the line of sight would be. They have traffic study which addresses all of the off-site mitigation measures which they are in agreement with. They have also enhanced the elevations to introduce additional architectural treatment. The building used to have a longer elevation which is now broken up with some accent towers. 27 PLANNING COMMISSION MINUTES AUGUST 13, 1990 The existing sign for the RV lot is in a similar location as to the sign that is being proposed. The Fairfield Inn will occupy the top portion of the sign and the area below that will be used for the other users. This is important due to the fact that the site sits considerably below elevation. They are proposing 3 monument signs not to exceed the 6 foot height limit for the three pad users. There will also be some signage on the hotel itself. The signs proposed for the retail building will be 2 feet high with individual channel letters and will,be one of four colors. These colors are red, white, blue and yellow. All of the buildings will be of white stucco with blue and grey accent. They are proposing a metal roof on both the retail and hotel buildings. There were some concerns with a metal roof so they are proposing a tile roof as an alternative. As long as the tenants conform to the regulations of the Sign Program which requires signs to be no greater than 24 inches tall, individual channel letters, and one of the four approved colors, they will not have to have special approval. If they deviated from this criteria, they would be required to come before the Planning Commission. For the pylon sign, they would have to establish who would be the major tenant for the retail building and this would be the tenant whose name will be placed on the sign. Vice Chairman Harmony asked if the easement would have to be fenced off. The applicant stated that they own the property and the Flood Control District have an easement over 15 feet of it. Mr Searcy asked the applicant if there was a reason for the 32 foot height of the commercial buildings. The Architect indicated that the 32 height limit was only at the towers and is not throughout the entire building. The average will be 26 feet and it will step down to about 22 feet. This is proposed to attract attention at the entry to the center. 28 PLANNING COMMISSION MINUTES AUGUST 13, 1990 Rock Miller, Traffic Engineering Consultant, discussed the traffic study. He stated that they are down approximately 500 trips from the last presentation they gave the Planning Commission due to the deletion of the fast food pad. He is not concerned with pedestrian circulation. Over 50 percent of the demand for the retail buildings will be met by the parking on front of the buildings. These buildings require 4 parking spaces per 1000 square feet. Two of these spaces are provided in front of the building. The third space is employee parking which normally is not in front of the buildings. The fourth space is for overflow parking. This typically only happens for an hour or two per day whenever any individual generator peaks. Due to this, he does not see the need for the outer tier of parking or the need to cross the aisle occurring when the hotel is generating a lot of traffic. ;Moving the first entrance further back from Brea Canyon helps traffic entering the site. The off-site mitigation measures are identical to those previously submitted. Vice Chairman Harmony asked, since the whole project is centered around the hotel, what kind of traffic problems will this create and have they recommended any mitigation measures. Mr. Miller stated that this helps by allowing all of the parking to be used. It may somewhat decrease interaction between buildings. If the easement was not created to be open at each end, it would provide enough area for a two -axle vehicle to turn around in an extreme manner. It also will not be a problem for a vehicle to back out of this area. Each pad will have provision for its own trash enclosure. vice Chairman asked the applicant if he would object to adding sidewalks under the freeway. Mr. Spear stated that he would because he does not see how this will impact the project. They would have to traverse Cal -Trans property and would have to obtain their approval to do this. Because they are providing an exclusive right turn lane into the project traveling_ north on Brea Canyon, they would have to come on the interior of the site and into the landscape area in order to provide a sidewalk. They could provide a sidewalk to the end of the project. He felt that the Commission would be burdening them to put a sidewalk when there are no houses in that area. 29 PLANNING COMMISSION MINUTES AUGUST 13, 1990 Vice Chairman Harmony felt that these improvements will need to be done sometime and the Commission is taking action on the last developable site in the area. Mr. Spear stated that they are in agreement with the Development Agreement and the Conditions of Approval. The time table in the Development Agreement requires that the applicants complete construction work within two .years. The rough grading of the site, in accordance with the approved plans, must be completed within 45 days of the effective date. The effective date will be the date of the adoption of the resolution. The resolution will go into effect 30 days after the second reading. Those in favor of the project. There were none. Those in opposition of the project. There were none. The Public Hearing was closed. Vice Chairman Harmony stated that he was pleased with the project and the traffic study. He felt that the sign was reasonable for the site. He would like to see sidewalks provided but would not hold the project up for this if the Commission was not in agreement with him. Commissioner MacBride liked the original entrance proposed for the project. He was very please with the entire project. Chairman Schey was concerned with the signage relative to what they have been working on with the sign ordinance. He feels that there are too many wall signs on the Fairfield Inn and that there may also be too many monument signs. He was in favor of not approving the sign program, subject to it coming back to the Commission for 'further review. He felt that requiring the sidewalks to be installed would be over burdening the applicant. 30 PLANNING COMMISSION MINUTES AUGUST 13, 1990 Commissioner MacBride felt that the height of the freeway oriented sign was not excessive. The existing sign for the RV lot shows that there is a need for a sign of this height. Chairman Schey felt that maybe they did not need the freeway sign when the wall signs on the Fairfield Inn will be 35 feet to 40 feet high. Wayne Sant, Marriott Corporation, stated that they will have 2 signs that will be facing the north and west and one sign which will be on the east end of the building facing the freeway. Motion was made by Chairman Schey and seconded by Commissioner MacBride to approve the Environmental Determination and findings as recommended by staff. MOTION CARRIED unanimously. Motion was made by Chairman Schey and seconded by Commissioner MacBride to recommend approval of Zone Change 89-440 subject to the omission of the freeway sign and its reconsideration at a later date and approval of the Development Agreement. MOTION CARRIED unanimously. VI. INFORMATION ITEMS: 1. South Coast Air Quality Control. District Report,, a report highlighting the actions of their June 28 and July 6 meetings. VII. ANNOUNCEMENTS: Commissioner Grothe stated that he would like to make a motion to direct staff to draft a resolution eliminating compact parking spaces and making the standard parking stalls 9 feet x 20 feet. -Secretary Kaplan stated that 9 feet by 20 feet would make it difficult to provide aisles. The Commission was in agreement to eliminate compact parking spaces and to further the discussion on the dimensions of standard size stalls. 31 I m .4 .� DIAMOND BAR HOSPITALITY CAHAN-CRISELL PROPERTIES D - j PRELIMINARY SATE PLAN CENTER ae: w. Ages oN Ave:; :roe' a� ,DHEA CANYON RD.; PONONA FO PRWY.16IF EDCONO61. CALIFORNIA FSOFE 174 j-FBOI AXamolt THE MARRIOTT LOGO IS WHITE ON ALL SIGNS WITH THE EXCEPTION OF THE SIGNATURE TOWER LETTERS, IDENTIFIED AS SIGN A AND B. THE LOGO IS RED. SIGN A AND B SIGNATURE TOWER LETTERS SIGN C WALL SIGN SIGN D ENTRANCE DIRECTIONAL SIGN E LOBBY,., DIRECTIONAL SIGN F RETAIL POLE SIGN 17'-6" '-0" / 1'-3" — 11'-0"-- 1'-3" 1 2'-0 _i i` Q' R PAI T�'In m a y ELEVATION OF °° �" �`1 I L� i RAIL T _ _± 24' ! r HOP Irl rn rAn rf)'r ! AT FRWY. ABOVE u O I.r� -151 IV�7. � 1 SHOPPING CENTER FREEWAY SIGN ELEVATIONS HOTEL AND RETAIL SCALE: 1/4" 1'-0" (FAIRFIELD INN SIGN 'F') as -29x 6-27-90 x-18,90 7-24-90 0 0 co) 8 VE 111Y 8 ItJ -1 J P 2 :4 L 8 SOUTH ELEVATION PAD W WEST ELEVATION II f� WEST ELEVATION NORTH ELEVATION EAST ELEVATION `� �tirx aroacsao. I "� - SOUTH ELEVATION us sroaavao«r wlorx san ---- � EAST ELEVATION .• MONUMENT SIGN ELEIONS – TYP. FAIRFIELD INN DIRECTIONAL SIGN'D& StGN 'E" VAT FAIRFIELD INN WALL SIGNS 'A' & 'S. O w i is tl FAIRFIELD INN WALL SIGN 'C' wG— O w i is tl INITIAL STUDY QUESTIONNAIRE COUNTY OF LOS ANGELES A. GENERAL INFORMATION Project Applicant (Owner): Cahan/Crisell Properties -- Name 362 W. Mission Avenue, Suite 105 -- Address Escondido, CA 92025 (619) 741-9801 Project Representative: Kenneth S. Spear (STAFF USE) PROJECT NUMIER(s): �gf -lexe Name Address _----- -- Phone PJumber —-----�_--- Phone Number 1. Action requested arra project description: Rezone 3 C.U.P. for proposed mixed use commercial project on S�4 acres including hotel, fast food and retail shop space. 2. Stmt location of project: Brea Canyon Rd., north of 1-60, south of Lycoming. _ 3a. Present use of site: R.Y. sales storage 3b. Previous use of site or structures: unknown 4. Please list all previous cases (if any) related to this project: 5. Other related permit approvals required. Specify type and granting agency. 6. Are you planning future phases of this project? /Y/ /N/' If yes explain: 1 7. Project area: Covered by structures, paving: a Landscaping, open space: Total area: l 10. -Water and sewer service: Does service exist 3t site? 3 stories - hotel 8. Number of floors: 1 story - fast food, retail shops 9. Present zoning: M 1 cpE�1 Domestic Pub 1 i c ��-5,/ter Sewers V /N/ /y/ /N/ If yes, do purveyors have capacity to meet demand of project and all other approved projects? If domestic water or public sewars are not available, how o:il1 these services be - 1 - Residential projects: 11. Naber and ty;)e of units: ------------------------- ---- -------- 12. schools: What school district(s) serves the property? Are existing school facilities adequate to meet.project needs? /Y/ /N/ If not, what provisions will be made for additional classrocxas? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) 65' across _flood control channel 14. 15. 16. Number and floor area of buildings: 5 buildings totaling 77,700 sq. ffi_ Nun:oer of employees and shifts:---- 17.0 Operating hours: Maximum employees per shift: y __— g n _ 18. Identify any: End products— Waste products — Means of disposal — — - - 19. Do project operations use, store or produce hazardo, _•bstances such as oil, pesticides, chemicals, paints, or radioactive materials? /Y/ /N/ If yes, explain: 20. Do your operations require any pressurized tanks? /y% /N/ If yes, explain: - 21. Identify any flanma'ale, reactive or explosive materials to be located on-site. 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? If yes, explain: - 2 - B. ENVIRONMENTAL INFORWrl 1. Enviror>rnental Setting -- Project Site a. Existing use/structureS R.V_saIesand storage.__ Existing mobil home and metal buiIdinq_of __ approximately 2,000 sq,ft.____—___-- -------------------------- b. Topograpiy%slopes Level- -- -- -- --.-- ----------- *c. Vegetation=''\-,5L�1'�------------------------- - - *d. Animals otic _ ------------------ -------------------- *e. Watercourses ���,vc' --------------------------------- - f. Cultural/historical resources _None____ g. Other —�cr� ---- ----- ------ ---------------- 2. Envirormental Setting -- Surrounding Area a. Existing uses,%structures (types, densities) : North: Single family residential dwelling; South: 1-60 off ramp; East: Flood control channel; West: b. Topography/slopes Generales level. Slope from freeway off ramp grade down to subject propertxgrade� *c. Vegetation *d. Animals tVCs —---- i1 n � *e. Watercourses z �(oac? C' E,,",JNz'{ �,vt� s_ ��,L�` � -----.----___--- - s�----- ------ f. Cultural/historical resources None g. Other — -------- 3. Are tl-iere any major trees on No oak trees. the site, including oak trees? /Y// /N/ If yes, type and neer: _ Four sycamore trees of 28" - 48" trunks. 4. Will any natural watercourses, surface flow pat�ps., etc, � be changed through project development?: /N/ If yes, explain: *Answers are not required if the area does not contain natural, undeveloped land. 3 B. ENVIRONMENTAL INFORMATION (cont.) 5. Grading: Will the project _ If yes, how many Will it beey/ _ require grading? /Y/ /N/ cubic yards? approx. t6,000 cY balances on site? If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable lam' des or other major geologic hazards on the property (including uncompacted fill)? /Y/ /N// If yes, explain: A�rtion_of the site has uncompactea fl 11 and vi I I be excavated and recompacated (see attached so! Is report).___ 7. Is the property 1 within a high fire hazard area (hillsides with t:ioderately dense vegetation? /� N/ Distance to nearest fire station: 12 Miles County Station S. Noise: Existing noise sources at site: On site automobile S R.V.—traffic traffic noise _ -- Noise to be generated by project: One site automobile traffic noise 9. Fumes: Odors generated by project: Food preparation -- Could toxic fumes be generated? N 10. What energy -conserving designs or material will be used? Buildings to comply with Title 24 regulations i CERTIFICATION: 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. �- r /. Date: '(Sjgnature) For: Cahan/Crisell Properties - 4 - 8/85 City of Diamond Bar Initial Stud pace 21660 EAST COPLEY DRIVE •SUITE 100 - ` DIAMOND BAR, CA 91765-4177 714-860-2489 • FAX 714-860-3117 ...... ....:::.:. Lel` I. Background: 1. Name of105 Applicant: � � ��"� I ��"" ����� �S _ 2. Address and Phone Num of Pro anent: er 4SS a Avg- • # 4. Date of Ev'ronmental Information Submittal: 5. Date of Environmental Checklist Submittal: 91 7. Name of prop asa� � ate (Tract If F�Subdivision): 8. Related APlications (under the authority of this environmental determination): Yes No variance: — Conditional Use Permit: Zone Change: General Plan Amendment: (Attach Completed Environmental Information Form) PHYLLIS E. PAPEDI.' PAUL V. HORCHER GARY H. WERNER GARY G. MILLER SOS �� G ROBERTI�$� ORT Mayor Pro Tcni Councilmcmtxr . CouncImem Mayor CITY OF DIAMOPID BAR USES RECYCLED PAPER City of Diamond Barinitial Study Fong Page 2 If. Environmental impacts: (Explanations and additional Information to supplement all -yes" and 'possibly" answers are required to be submitted on attached sheets) Yes No Possibly 1. Earth. Will the proposal result In: a_ Unstable earth conditions or changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical feature? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? g.. Exposure of people or property to geologic hazards such s earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result In: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents or the course or direction of water movements? b. Changes in absorption rates, drainage pattems, or the rate and amount of surface run-off? c. Alterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? City of Diamond Bar Initial Study Form Fage 3 Yes No Possibly 4. Plant Life. Will the proposal result In: a. Change inthe diversity iv staof nd auatic species, orn number of any species of plants (including trees, shrubs, grass,P b. Reduction in the numbers of any unique rare or endangered species of plants? C. Reduction in the size of sensitive habitat areas or plant communities which are recognized / as sensitive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop . 5. Animal Life. Will the proposal result In: a. Change in the diversity of species, or number of any species of animals (birds, land / animals including reptiles, fish and shellfish, benthic organisms and insects)? b. Reduction in the numbers of any unique rare or endangered species of animals? C. Introduction of new species of animals into an area, or in a harrier to the normal migration or movement of resident species? d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will. the proposal result In: a. Significant increases in existing noise levels? b. Exposure of people to severe noise levels 7. Light and Glare. Will the proposal result in: a. Significant new light and glare or contribute significantly to existing levels of light and glare? _-'I X 8. Land Use., WIII the proposal result In: a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal Involve: a. A risk of an explosion or the release of hazardous substances (including but not limited / to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. Probable interference with an emergency response plan or an emergency evacuation plan? — City of Diamond Bzr Initial Study Form Page 4 Yes No Possibly 11. Population. Will the proposal: a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: a. Existing housing, or create a -demand for additional housing? 13. Transportationjarculation. Will the proposal result in: a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterborne, raft or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks or other recreational facilities? r 5. Maintenance of public facilities, including roads? 6. Other governmental services? 15. Energy: Will the proposal result In: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy 16. Utilities. Will the proposal result in: a. A need for new systems, or Substantial alterations to public utilities? City of Diamond Bar.'nitiai Study Form Page 5 Yes No Possibly 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: a. An impact upon the quality or quantity of existing recreational cpportunities? 20. Cultural Resources. Will the proposal: result In: ` a. The alteration of or the destruction of a prehistoric or historic archaeological site? V b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? C. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. cf y of Diamond Bar inidaf Study Form Page 6 Yes No Possibly 27. Mandatory Findings of Significance? a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the pro sed project pose impacts which are individually limited but cumulatively considerable . d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 111 Discussion of Environmental Evaluation: (Attach Narrative) Iv. Determination: On the basis of this Initial evaluation: I I find that a Nffc s DECLARATION NOT Obe prepared.nificant effect on the environment, and I find that although the proposed project could have a significant effect on the environment, there will not be •a significant effect,in this case because the mitigation measures desc;ibed� A MITIGATED NEGATIVE DECLARATION WILL BE Pated into the REP REDroject. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required_ / Date: Y 4 ` 3 q © Slanature:� Tiitle:'u�li�✓— For the City of Diamond Bar, California 17701 Mitchell North, Suite 101 April 13, 1990 BASMAC IYAN -DARN ELL, INC. ENGINEERING AND PLANNING . Transportation, Traffic, Municipal, Transit Irvine, California 92714 (714) 474-1131 Mr. Ken Spear Cahan/crisell Properties 362 W. Mission Avenue HDI Ref. No.: 896720 Suite 105 Escondido, CA 92025 SUBJECT: Traffic Study Addendum for the Diamond Bar Hospitality Canter Dear Mr. Spear: Basmaciyan-Darnell, Inc. (BDI) has prepared this addendum to our traffic study for your development in the City of Diamond. Bar, in accordance with your revised site plan. This addendum will serve to analyze the traffic effects of a change in the project de- scription. Figure 1 presents a reduction of your current site proposal. Table 1 summarizes the changes in land use for your current proposal and for your previous proposal described in our report. The major changes involve floor area for restaurant and retail uses. W71ifin-101=0 W Table 2 summarizes the trip generation, rates utilized for the project and also summarizes the anticipated daily'; AM, and PH peak hour traffic to be generated by the project. According to the old site plan the project would have generated 5,218 trip ends, including, 606 AM peak hour trips and 551 PM peak hour trips. With the new site plan, the project is expected to gener- ate 3,623 daily trip ends, (326 AM peak hour trips) and 429 PM peak hour trips. A decrease of 1,.595 total daily trip ends are expected for the revised project, Traffic Distribution The orientation of traffic (percent/share of traffic in each direction) for the currently proposed project will not change from the previous p%roposal. RECE1,177 n, 1 1❑ 3 ISd c 0 Cl 6 '9 i Mr. Ken Spear Gahan/Crisell Properties April 13, 1990 Page Two Intersection Impact The project has been analyzed for its impacts on existing condi- tions, on conditions forecast for the previous proposal, and for proposed -project conditions for the surrounding street system. ICU calculations were reevaluated and the results for the three (3) key intersections are summarized in Table 3. A review of Table 3 shows slight improvement in ICU rates for both AM and PM, but no change in the Levels of Service for both AM and PH, from the Previously Proposed Project to the Currently Proposed Project. kor the Existing Plus Proposed Project, the key inter- sections are expected to operate at LOS ffCa or better in the morning peak hours. In the evening peak hour, conditions are expected to be at LOS "D" on Lycoming Street, with SR 60 Ramps and Colima Road operating at LOS "E". The intersection of Brea Canyon Road and SR 60 Westbound would be mitigated to 0.89 (Level D) by providing the improvements listed below for the proposed project. mitigation xgd2ures You requested a statement of the intersection improvements dis- cussed in our traffic study. The improvements are as follows. o The traffic signal for State Route 60 off -ramp must be modified to provide a left turn phase for traffic turning onto the freeway and a right turn phase for traffic turning off the freeway. This improvement will provide for signal system operation and also will improve the Level of Service to Level D. o A third lane,should be striped southbound on Brea -Canyon Road from:the project entrance to the Route 60 ramp inter- section. This lane would turn right onto the freeway west- bound. o The traffic signal existing at Brea Canyon and Lycoming Street must be modified to provide left turn signals for northbound and southbound. o The level of traffic forecasted for the site would still require a traffic signal at the main access to allow left -- turns onto Brea Canyon Road. TABLE 3 SUMMARY OF EXISTING AND EXISTING PLUS PREVIOUS PROJECT AND EXISTING PLUS CURRENT PROJECT INTERSECTION CAPACITY UTILIZATION AM Peak Hour ---------------------------------------------- Existing Plus Existing Plus Existing Previously Currently Conditions Proposed Project Proposed Project Intersection ICU LOS ICU LOS ICU LOS Brea Canyon Rd at: Colima Road 0.37 A 0.40 A 0.39 A SR 60 WB On/Off Ramp 0.67 B 0.74 C 0.71 C Lycoming Ave. 0.60 A 0.62 B 0.61 B PM Peak Hour --------------------------------------------- Existing Plus Existing Plus Existing Previously Currently Conditions Proposed Project Proposed Project Intersection ICU LOS ICU LOS ICU LOS Brea Canyon Rd. at: Colima Road. 0.93 E 0.94 E 0.94 E SR60 WB _...u_.__......w.._..........,._.....,.., ... On/Off Ramp 0.93 E 1.00 E 0.98 E Lycoming Ave. 0.81 D 0.84 D 0.83 D ICU = Intersection. Capacity utilization Los — Level of service J_. n.4 7rl2aP.9'. : €gin C1 1:=3 T 'ten Mr. Ken Spear Cahan/Crisell properties April 13, 1990 � Page Three if you have any questions or require additional information, feel free to call me at our office. Sincerely, BASMA.CIYAN-DARNELL, INC. Rock E.,Xiller, P.E. 0720DBar.Add/#89-7(b) TABLE 1 PROJECT DESCRIPTION Previously Currently Land Use Proposed Project Proposed Project Hotel 135 Roams 135 Rooms Genera. Retail 15,000 S.F. 21,000 S.F. Fast -Food with Drive Through 10,550 S.F. 2,800 S.F. High Turnover (Sit-Down)"Restaurant 0 5,000 B.F. TRIP GENERATION RATES TABLE 2 TRIP GENERATION SUMMARY Land Use Daily Hotel (Trips per Room) 8.36 24 Genera. Retail- (Trips etail_(Trips per 1,000 S.F.) Fast -Food with Drive-Throxicrh 353.45 (Trips per 1,000 S.F.) High Turnover (Sit -Down) Restaurant (Trips per 1,000 S.F.) 200 TOTAL TRIS' ENDS AM Peak ------------ In Out 0.45 0.24 0 0 PM Peak ------------- In Out 0.56 0.47 2.4 2.4 24.25 24.26 16.44 15.50 10.70 8.40 11.15 8.76 PM Peak ------------- In out 76 63 50 50 46 44 56 44 AM Peak Land Use ---------------- Daily ------- ----- ------------ In Out Hotel (135 Rms) Hotel 11129 62 32 General Retail (21,000 S.F.) 504 0 0 Fast -Food with Drive -Through � (2,800 S.F.) 990 68 68 High Turnover (Sit -Down) Restaurant (5,000 S.F.) 1,000 54 42 TOTAL: 3,623 184 142 Previous Proposal 5,218 318 288 Reduction 31% 42% 51% Source: ITE Trip Generation Manual, Fourth Edition. PM Peak ------------- In out 76 63 50 50 46 44 56 44 228 201 285 266 20% 24% LAW OFFICES c IEWnvTEx & RosM-kw, RICHARD D. ROSMAN A PROFESSIONAL CORPORATION ANTHONY A, LeWINTER 26501 VENTL PL& D0=VA-VM MARLYN A. F'RISNC E3T,71'S3 408 OF COUNSEL ENCINO, 1DA1XB'0R:N77A A148d (8181 781-7848 FALX (6181 7$4.5096 .XZXORANDUM TO: MR. IRWIN KAPLAN ACTING PLANNING DIRECTOR CITY OF DIAMOND BAR LOS ANGELES OFFICE: 12100 WILSHIRE BOULEVARD SUITE 300 LOS ANGELES, CALIFORNIA SOC25 (213) 531.3606 OUR FILE NO. VIA FAX 714/860-7427 FROM: ANTHONY A. LEWINTER, ESQ. RE: DRAFT DEVELOPMENT AGREEMENT DATE: AUGUST 23, 1990 r ti This firm represents Cahan CriSoll Properties ("CCP"), which is the proposed ground lessee and developer of the development at the Northeast Corner of'Brea Canyon Road and the Route 60 (Pomona) Freeway in Diamond Bar, California '(the "Property,,). Our client has asked us to review the draft Development Agreement for the Property (the 11Agreemant") between the City of Diamond. Bar ("City") and Louis Marcallin ("Developer"). This memorandum will set forth, the principal issues with which we arra concerned in the Agreementrias drafted. Unless otherwisa noted we will use the same defined terms as in the Agreement. our intent is to set forth those concerns so that a new draft can be prepared to more completely reflect the parties 1 agreement prior to the City Council meeting. 1. Ground Lease. The Agreement needs to be amended to reflect that the Property is to be ground leased in two parcels to CCP, who, in turn, will assign orae of the ground leases to a third party to develop a hotel. The paragraphs dealing with assignment need to reflect that a ground lease consti.tutag an assignment of the rights under the Agreement. '3%CACP\107:082390 LAW OFFICES ,I2WINTER & ROSMAN Mr. Irwin Kaplan August 23, 1990 Page 2 2. Im*oroyements. As drafted, the Agreement requires the Developer to construct all of the improvements set forth. This is unusual in the context of a development agreement (as opposed _ to an agreement whereby a ]Redevelopment Agency assembles property by means of eminent domain). More commonly, the developer is permitted a period of time to construct improvements and, so long as the developer constructs the offsite and onsite improvements which are thecmid prquo for the development agreement, it is entitled to the benefits of the development agreement with respect to those improvements which have been constructed, but not with respect to the other buildings which have not been constructed. In this transaction, a requirement to build all improvements is unworkable since Marriott (our proposed hotel developer) is unwilling to be bound to construct the hotel (though after it has spent hundreds of thousands of dollars we expect it will). Therefore, any provision which requires the Developer to construct all of the improvements listed in the Agreement in order to obtain any benefits must be deleted. 3. Bnforc:ement by City. The Agreement permits an landowner in the City to enforce it. The Agreement should be between the City and the Developer only. 4. Eaedited Processing. We would like the City to agree, to the extent legally permissible, to process and approve all building permits, CUP applications, etc. in good faith and on an expedited basis. 5. ControllincT Laws. The principal reason for entering into a development agreement is to fisc the laws which are to be applicable to the project. To that and several changes need to be made: a A. The existing zoning code should be attached as an Exhibit. B. Paragraphs lo.b, c, and d should be deleted or limited. Those provisions allow the City to apply now laws. We recognize that certain new health and safety laws must apply, but not as many as the language in Paragraph 10 sets forth. Similarly, with regard to state and .federal laws in conflict with the Agreement. *3\CACP\107:082390 OtIl I abr.!_tW1NTER & ROSMAN ; 8_23-90 ;11:24AM ; 8187849824-0 1 2 3 4 5 6.7 8 9 ;# 4- r LAW OFFICES IM WINTER. & ROSMAN Mr. Irwin .Kaplan August 23, 1990 Page 3 C. The fees for the development of the Property (the "Projectu) should be fixed (other than increases solelbasad upon increased costs of processing). y 6. annual Review. When the the Developer should race ue a Certificate ofpCa project tion and theeannual reviews.should cease. The annual reviews should be for compliance by the City as well. ThQ parties should also agree to negotiate in good faith with regard to state and federal laws in conflict with the Agreement. 7. Minor mod fir- tion. As a m all paratter of convenience for be approved d the City shoe that minor modifications should by the planning uld agredepartment. S. Frame,. The time frames. for completion are too short and in addition, there should be a full "force majaureii Provision to allow Developer to complete its Project even if events beyond its control 04B,,g_, fire, Acts Of God, delays -in obtaining permits) delay the construction. The grading may take fifteen (15) months and construction of improvements an additional two (2) years, 9. Spec m The Project (subject ide to the ability to make minor changes in good faith)_ and the work Which Developer must complete should be set forth more completely. 10. lure Farinas- The time frames for cure periods are too short. Our lander will require that they be doubled. After y6u have reviewed this memorandum with the City Attorney, Please contact Ken Spear of CCP at (619) 741-9801 or me to discuss how to proceed.liilf it will etpedite matters I will be happy to draft some or all of these chaexpe *3%CACPttfl7;082350 August 7, 1990 City of Diamond Bar Mr. Rob Searcy, Planner 21660 East Copley Dr., Suite 100 Diamond Bar, CA 91765-4177 Re: Conditional Use Permit 89-440 - Sign Program Dear Mr. Searcy: Please be advised that we would propose to utilize individual channel letters for our retail shop space signage. The colors would be limited to red, white, blue and yellow, but would allow for other colors as part of a national or regional logo. As specified in the elevations the height of the letters would be a maximum of twenty-four inches. Signage for the Marriot Hotel and restaurant would be excluded from any sign restrictions as to color and height but would be subject to separate approval by the appropriate city body. I trust this clarifies are intent with regard to our sign programa Should you have any further questions, please don't hesitate to call me. Very truly yours, Ken Spear KSS:psc P.O. Box 2099, Escondido, CA 92025 (619) 741-9801 FAX: (619) 741-0578 1' :S f EAHAII/CRISELL PROPERTIES August 7, 1990 City of Diamond Bar Mr. Rob Searcy, Planner 21660 East Copley Dr., Suite 100 Diamond Bar, CA 91765-4177 Re: Conditional Use Permit 89-440 Dear Mr. Searcy: Please be advised that as a part of our approval for the above referenced application, we seek uses for the property as allowed under the present C3 zoning. All uses within the current C3 zoning that are subject to further discretionary approvals or additional CUP's would have to come back before the planning commission for separate approvals. I trust this clarification satisfies your requirements as to the types of uses that we would like approved as part of our development agreement. If you have any further questions, please give me a call. Very truly yours, Ken Spear/ KSP:psc P.O. Box 2099 Escondido, CA 92025 (619) 741-9801 CONTINENTAL LAND TITLE COMPANY A WHOLLY OWNED SUBSIDIARY OF LAWYERS TITLE INSURANCE CORPORATION 60 UNIVERSAL CITY PLAZA UNIVERSAL CITY, CALIFORNIA 91608 (818) 760-2700 CONTINENTAL LAND TITLE -ESCROW 1015 N MAIN STREET SANTA ANA, CA - ATTENTION: DIANE SHERIDAN YOUR NO. 11374DS OUR No 8848143 DATED AS OF SEPTEMBER 14, 1988 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE CONTINENTAL LAND 'TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT• THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY• IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED• I THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: 1• CALIFORNIA LAND TITLE ASSOCIATION 'STANDARD COVERAGE POLICY [XI 2• AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [ 3• AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [ I 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B [ I TITLE OFFICER GARTH HACKETT f SCHEDULE A ORDER NO. 8848143 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LOUIS J. MARCELLIN AND LINDA L. MARCELLIN, TRUSTEES U/D/T DATED MAY 2, 1984, F/B/O THE MARCELLIN FAMILY THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS: LOT 79 OF TRACT NO. 33069, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 924 PAGES 1 THROUGH 7 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SCHEDULE B ORDER No. 8848143 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1988 - 1989 WHICH ARE A LIEN NOT YET PAYABLE. B. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR PRORATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR 1987 - 1988 IST INSTALLMENT: $1,154.12 2ND INSTALLMENT: $1,154.11 HOMEOWNERS EXEMPTION: NONE LAND: $103,347.00 IMPROVEMENTS: $ 23,854.00 PERSONAL PROPERTY: NONE CODE AREA: 9403 ASSESSMENT NO: 8719-13-7 C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1• THE RIGHT TO TAKE WATER TO THE AMOUNT OF 50 INCHES, MINERS MEASUREMENT UNDER 4 INCH PRESSURE FROM 5 WELLS, LOCATED IN THE SOUTHERLY PORTION OF THE RANCHO LOS NOGALES AND CONDUCT THE SAID WATER THROUGH THE CHANNEL OF SAN JOSE CREEK AND THE OTHER NATURAL AND ARTIFICIAL DITCHES TO THE HEAD OR NORTHERN TERMINUS OF A VITRIFIED PIPE LINE AND EXTENDING FROM SAID POINT IN A SOUTHERLY DIRECTION TO A POINT NEAR THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 17 FOR THE PURPOSE OF CONDUCTING THE WATER FROM SAID WELLS AND OTHER SOURCES. TO AND FOR USE ON THE LANDS OF GRANTORS IN THE RANCHO LOS NOGALES AND LA PUENTE AND IN SECTION 4, 5, 8, 9, 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH THE RIGHT OF WAY FOR THE CONSTRUCTION AND MAINTENANCE OF PIPE OR PIPE LINES FOR SAID PIPE LINES TO SUCH OF THE LAND OF GRANTORS AS MAY BE HEREAFTER SOLD WITH WATER STOCK OF GRANTEE, WITH RIGHT OF ENTRY ON THE LANDS OF GRANTORS FOR THE PURPOSE OF MAINTAINING THE FLOW OF WATER FROM SAID 5 WELLS AND TO MAINTAIN AND REPAIR THE DITCHES, PIPE LINES, AND AQUEDUCTS IN WHICH THE GRANTEE HEREBY ACQUIRED AN INTEREST, AS GRANTED TO A•T. CURRIER WATER COMPANY, BY DEED RECORDED IN BOOK 3649 PAGE 220 OF DEEDS. -CONTINUED- SCHEDULE B PAGE NO. 2 ORDER NO. 8848143 2. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN COUNTIES GAS COMPANY Of CALIFORNIA PURPOSE: GAS PIPES AND MAINS RECORDED: IN BOOK 6303 PAGE 256 OF DEEDS AFFECTS: A PORTION OF THE EAST HALF OF SECTION 17 THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 3. ANY EASEMENT FOR WATER PIPE LINES ACROSS THE HEREIN DESCRIBED LAND THAT MAY BE DISCLOSED BY THE DEEDS AND AGREEMENTS BY UNIVERSITY OF REDLANDS, ET AL., RECORDED IN BOOK 12860 PAGE 321, OFFICIAL RECORDS AND IN BOOK 12803 PAGE 370, OFFICIAL RECORDS. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. NY 4• RESTRICTIONS OBASED OON RACE, COLORNS AND TORNCREED) EASNSET HFORTH OA IN THE DOCUMENT RECORDED: IN BOOK 11412 PAGE 83, OFFICIAL RECORDS 5. EASEMENTS FOR PIPE LINES FOR THE DISTRIBUTION OF WATER AS GRANTED IN A DEED TO A.T. CURRIER WATER COMPANY,A CORPORATION, RECORDED IN BOOK 3649 PAGE 220 OF DEEDS, AND AS RESERVED IN THE DEED FROM UNIVERSITY OF REDLANDS, ET AL RECORDED FEBRUARY.5, 1945 IN BOOK 21651 PAGE 204, OFFICIAL RECORDS. THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 6. AN AGREEMENT BETWEEN UNIVERSITY OF REDLANDS, A CORPORATION AND OTHERS THEN OWNERS OF THE HEREIN DESCRIBED LAND, AS FIRST PARTIES AND JOHN ENGER, ET AL., AS SECOND PARTIES, REGARDING THE USE OF CERTAIN WATER PIPE LINES TO AND CROSSING THEIR RESPECTIVE LANDS, RECORDED IN BOOK 12803 PAGE 370, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. NY 7• OFEACCESS, SAIDHRIGHTSRSHIP HAVINGFBEENDLAND DOES NOT INCLUDE RELINQUISHED, CONDEMNED OR RIGHTS FACT THAT OR RESERVED IN A DOCUMENT .RECORDED: 5O44OAPAGE8444950FFICIALAS TRECORDSNO. 2296 IN BOOK -CONTINUED- SCHEDULE B PAGE NO. 3 ORDER NO. 8848143 JUNE 26, 1956 AS INSTRUMENT NO. 2043 IN BOOK 51563 PAGE 326, OFFICIAL RECORDS; OCTOBER 15, 1956 AS INSTRUMENT NO. 1988 IN BOOK 52547 PAGE 50, OFFICIAL RECORDS AND IN BOOK D 3660 PAGE 33, OFFICIAL RECORDS AND IN BOOK D 6677 PAGE 87, OFFICIAL RECORDS FROM: POMONA FREEWAY 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: $44,800.00 DATED: FEBRUARY 28, 1975 TRUSTOR: LOUIS J. MARCELLIN AND LINDA MARCELLIN, HUSBAND AND WIFE TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION RECORDED: JUNE 4, 1975 AS INSTRUMENT NO. 3525. AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. NOTE: TO AVOID DELAYS AT THE TIME OF CLOSING, PLEASE SUBMIT THE ORIGINAL NOTE, DEED OF TRUST AND THE (PROPERLY EXECUTED) REQUEST FOR RECONVEYANCE, TO THIS OFFICE, AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW. IF A SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE IS TO BE EXECUTED BY THE BENEFICIARIES OF SAID DEED OF TRUST, WE WILL REQUIRE THE ORIGINAL NOTE OR AN AFFIDAVIT FROM THE BENEFICIARIES STATING THAT SAID NOTE HAS BEEN LOST, AND HAS NOT BEEN FURTHER ASSIGNED. 9. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO STN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. 10. AN EASEMENT FOR AS SET FORTH IN GRANTED TO: PURPOSE: RECORDED: THE PURPOSE SHOWN BELOW A DOCUMENT SOUTHERN CALIFORNIA A CORPORATION PUBLIC UTILITIES SEPTEMBER 5, 1985 AS 85-1028879, OFFICIAL -CONTINUED- AND RIGHTS INCIDENTAL THERETO EDISON COMPANY, INSTRUMENT NO. RECORDS SCHEDULE B PAGE NO. 4 ORDER NO. 8848143 AFFECTS: A STRIP OF LAND, 10 FEET WIDE, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS DISTANT SOUTHERLY 103 FEET FROM THE NORTHWESTERLY LINEEOFOSAIDILOTO7979; THENCE A DISTANCEAOFE275,PARALLEL WITH FEET. END OF SCHEDULE B s9-22-88 IMPORTANT INFORMATION PLEASSFCOEOTH�SISCCTION" FOR ANY INFORMATION NECESSARY TO COMPLETE TRANATION NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL SELLERS (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS.THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE•) NOTE NO. EQUIREORE ISSUING EVIDENCE, SATISFACTORYTITLE INSURANCE, THECOMPANY THAT COMPANY WILL REQUIRE CAHAN/CRISELL PROPERTIES (A) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE SIGNED; AND (B) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTRY WHERE THE CORPORATION WAS FORMED. -CONTINUED- PAGE 5 ORDER NO. 8848143 NOTE NO. 3: CAUTION THIS PRELIMINARY TITLE REPORT HAS BEEN WRITTEN IN ANTICIPATION OF A CLTA POLICY TO BE ISSUED. IF YOUR TRANSACTION IS SOMETHING OTHER THAN WHAT HAS BEEN STATED, WE WILL REQUIRE ADDITIONAL INFORMATION. UPON RECEIVING SAID ADDITIONAL INFORMATION, WE WILL MAKE ADDITIONAL. REQUIREMENTS IN ORDER TO CLOSE THIS TRANSACTION AND ISSUE THE POLICY(S) OF TITLE INSURANCE. TO AVOID DELAYS AT THE TIME OF CLOSING, PLEASE ADVISE THE TITLE OFFICER HEREIN NAMED OF ANY ADDITIONAL INFORMATION AND ALLOW AT LEAST ONE WEEK PRIOR TO THE CLOSE OF ESCROW, TO PROCESS THE INFORMATION AND RECEIVE APPROVAL. NOTE N0. 4: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. SPECIAL NOTICE NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDERS OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS THE DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT" SIGNED BY THE TRANSFEREE OR IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRANSFEREE THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE. TAX ADVANCE NOTE: IN ORDER TO PROPERLY APPLY ANY PAYMENTS FOR REAL PROPERTY TAXES EFFICIENT AND TIMELY MANNER, THIS OFFICE SHOULD BE SENT THE TAX WHICH ARE IN THE POSSESSION OF THE OWNER (S), PRIOR TO THE CLOSE THIS TRANSACTION. THIS OFFICE WILL THEN BE ABLE TO FORWARD SAID BILLS ALONG WITH THE NECESSARY PAYMENT. IT HAS BEEN DETERMINED DELAYS IN CONFIRMING TAX PAYMENTS ARE GREATLY MINIMIZED WHEN THE BILLS ARE FORWARDED TO THE L. A. COUNTY TAX COLLECTOR ALONG WITH REQUISITE PAYMENTS. IN AN BILLS OF THAT TAX THE SCALE 1"•100' r RkV No. 33069 fa'lf Unincorporated Territ®r' Of IlmS Angel" Gonnty State of California SHEET 7 OF 7 5ntETS Am & an �! h e M F ' 1 � �j / %ter SHEET 7 OF 7 5ntETS Am & an NOTICE 01= PUBLIC HEARING 89-440 The City Planning Commission will conduct a public hearing on: A request for a Zone Change from M-1 (Light Manufacturing) to C-1 (Restricted Commercial) and a Development Agreement to allow a 135 room hotel with a conference room, a 5,000 square -foot restaurant, three retail structures totalling approximately 25,000 square feet, and five (5) freestanding signs with a height in excess of six (6) feet. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration VICINITY MAP OF PROJECT: This case does not affect the zoning of surrounding prowish to send you are unable rty. If to attend the public hearing, written comments, please write to the City Planning Department You the address given below, Attention: Robert Searnv is maye by l sotheb Pal Bann i nng' Department ata 7114 ) 860c 3195. Materials for phning this case are also available at: Diamond Bar County Library 1061 South Grand Avenue Diamond Bar, CA 91765 I DATE OF HEARING: Au ust 13 1990 TIME OF HEARING: 7:00 P.m. LOCATION OF HEARING: Walnut Valle School District 880 S. Lemon Ave. Walnut CA 91789 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: on August 3 1990 San Gabriel Tribune - on August 3 1990 Inland ValleDail Bulletin Department of Regional Planning ZONING AND SUBDIVISION APPLICATION As required by Chapters 22-1622-5681 21.40 of the Cos 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 !Engineer, Licensed Surveyor, Other and please indicate if engineer is also an Attn; Ken Spear agent} Name Louis Marcel IIn Name Cahan/Criseli Propertles Name Address - - 20326 Fuerte Dr, Address 362 W. Mission Ave.. P105 Address City Walnut, CA City Escondido CA City Zip 91789 Phone (714) 595-8154 Zip 92025 Phone(619)741-9801 Zip Phone( ) (Attach separate eet if necessary, including names, addresses• and signatures of members of partnerships, joint ventures, and directors of cor tions.) CONSENT. ons t the submission of the application acFu/ftparrying this request. \j\ J� Date Signed (Ail record o ers) CERTIFICATION: ! hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge, }/C Signed Date _ C applicant or Applicant's Agent) Location Brea Canyon Road (East side of street) (Street address or distance from nearest cross street) Interstate 60 and L ro In between (Street) (Street) in Zone HIDPBE , Zoned District San Jose (Land Use, not postal zone) HNM/FS111 H333 97 D2 Assessor 8719 CT 4033.12 CSITBG Planning Area East San Gabriel USGS San nim c - Contract City Diamond Bar Supervisorial District 1 General Plan Category Industrial Local Plan Category (if applicable) None Local Plan N/A Project Size (gross acres) 54 acres Project Density Previous Cases ZC 5775• ZC 6131• CUP 909;CUP 6334; CUP 88087 Present Use of Site R.Y. sales lot mixed use cotmoercial, Including hotel, fast food, retail commercial Use applied for over LEGAL DESCRIPTION (AII ownership comprising the proposed lotsfproject) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change. Lot 79 of TR 33069 as recorded In crap Book 924 paces 1 through 7 offt -inl rx do .,f r nn# -4 Los Angeles. State of California. APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TYPE OF REQUEST – Check each request applied for and complete appropriate sections. PLAN AMENDMENT REQUEST Countywide/local Plan 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 Ident fy Text Change(s) to Count ywide!Local or Area Plan Desired: . Total Project Units Currently Allowed By: (a) CW Plan (b) Local Plan Total Project Units Permitted If: (a) CW Plan Amended (b) Local Plan Amended Total Acres Involved: (a) (b) SERVICES: Existing and Proposed: Gas & Electric Education Fire Access Sheriff �X ZONE CHANGE REQUEST Zone: From Acres To Acres S yr 7.sy H 1 (UP) (BE) .i.5d C 3 UP) (RF) max M CONDITIONAL USE PERMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS –42-56'210- :–Yom' d`�� Permit Type Condltional Use Permit Ord. No. Project Site: 5 Area devoted to: structures open space Gross Area No. of Lots Residential Projectand Proposed density Gross Area No. of floors Units/Acre's Number and types of Units Residential Parking: Type Required Provided Total Required Tptal Provided (continued on next page) Assembly and Dining Uses: (Occupant load for buildings per Building & Safety) Non Residential Parking: Type _Required _ Provided _Total Required: 2 s t Total Provided: 312- Additional 1Z Additional Information: The following must be completed for HOUSING PERMITS: Units allowed without bonus: Units Density Bonus Required: % Units Total Units including bonus: Units ED SUBDIVISION REQUEST TOTAL GROSS ACRES F- r TENTATIVE MAP NUMBER _ LOTS: Existing one Proposed 5 STAGE: T x RV _ AM _ RN — RA _ FN _WR _ MAP: T X RR(FD)—RR(LD)—RV_ AO_LL_ VESTING: (Y) (N) LOT TYPE;OWN'SH1P (Circle);NO. LOTS;NO. UNITS;AC LOT TYPE OWN'SHIP (Circle) NO. LOTS NO. UNITS 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 1NCCCL 5 I INC CCL ACRES 6.54 LS SCM Date Cities: LA_ BH_ LC_PM_Other— Counties: LA—VT—SB-08— K_Other Agencies/Companies•. MWP_DWP_CWP_SCE_SCG_PT_GT._ATS—SPT_UPR_MSHC_SCRC_ ANG _. PNF_ Other CALTRANS: Y_N_Name(s): PCH_ TCR_ DCR_Other— Route(s): HIGHWAYS MISC.: PROJECT NO.: CASES: PLAN AMENDMENT HOUSING PERMIT OTHER FILED —ZONE CHANGE PARKING PERMIT PARCEL MAP FEE No. Brown Line CUP. 1. OAK TREE No. Blue Line RECEIPT NO. _ VARIANCE TRACT No: Brown Line —NON CONFORMING REVIEW No. Blue Line In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Commission the following facts. Answers must be made complete and full: A. Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration because: The subject property is located contiguous to a freeway off ramp and single family residential (separated by a flood control channel). All other properties at the intersection of the Brea Canyon off ramp and the freeway are.commercially oriented, I.a., gas stations, restaurants, and fast foods. The same is true of all other properties at freeway off ramps alnng +h._(1e freeway corridor within 7 miles of the subject property. This is reflective of the service nature of properties contiguous to freeway off ramps throughout southern California- n,}he other hand, industrially zoned properties typically are not located adjacent to residential and adjoining freeway off ramps due to (ncompatabillty with residential uses and the access problems for trucking associated with high traffic areas. B. A need for the proposed zone classification exists within such area or district because: The (deal buffer to residential uses is retail commercial development due to the *clean" nature of the typical uses. I.e., the absence of offensive aspects associated with industrial users. Such negative aspects include emission of foul odors, unsightly storage, and loud noises at all hours of the day and night. Good planning dictates a more transitional buffer from a freeway and entrance to a residential area, which with the present zone classification Is not guaranteed. Therefore, the need for a commercial zone classification Is greatly needed within this district at this site. C. The particular property under consideration is a proper location for said zone classification within such area of district because: As stated in B above, this. particular property is uniquely positioned at the convergence of a retailing sector and a residential sector. Although there does exist some light manufacturing In the general vicinity, this property is isolated by the freeway and flood channel and on busy residential feeder street. Therefore, the sensitivity to both the residents living in the area, as well as servicing motorists off the freeway, should balance in considering a proper zone classification. Clearly a retail commercial zone classification addresses this sensitivity with none of the negative aspects of the Industrial zoning. D. Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice because: First of ail, the proposed commercial zoning best satisfies the conformity with good zoning practice because it (1) allows for uses that will service and benefit existing traffic already passing the site without creating a Cot of new traffic, (2) offers the most harmonious buffer to the adjoining residential sector, (3) conforms with typical zoning found along this freeway corridor at similar off ramp locations, and (4) allows for the most viable and highest and best use of the property. (NOTE: Use additional sheets as necessary) 782360 - 8-94 - PS 8-84 76c43fu- 5 44 ant shall substantiate to the welfare of persons residing or t or valuation of property of or menace to the public health, it to the persons residing For food, lodging, and genera to the project because of 3asic needs" and will not nat would negatively Impact d baslc needs of the com- ety, or general welfare of to accommodate the yards, ping and other development required in order to integrate e of satisfying all on-site onal requirements to Tasura :Ing commercial environment. nd improved as necessary to would generate, and •e required. nyon Road which is fully t the southwest corner of the d traffic coming off the from a traffic signal to the addition the ap2ilrant will n lane into the main entrance place and available to the May 9, 1990 TO: Chairman and Members of the Planning Commission Mayor and Members of the City Council Mr. Dennis A. Tarango, Acting Planning Director ATTN: Dennis Tarango, Acting Planning Director City of Diamond Bar Planning Department 21660 East Copley Drive Diamond Bar, CA 91765 RE: Zone Change 90-0036 and CUP 89-440 Dear Sirs: I have been a resident in Diamond Bar for ten years. For four years I lived within a half -mile of the property under consideration for zone change. Yesterday I drove slowly all around the property taking special care to try to view it through the residents' eyes who live to the immediate north. It appears to me that the plan submitted to develop the lot into a medium- sized hotel, family restaurant, one fast-food restaurant and some retail shops with entrance on Brea Canyon Road would not only enhance Diamond Bar, but would also be, with heavy landscaping, a definite aesthetic improvement for the near neighbors. It would give them an additional "greenbelt screen" from the noise and sight of the freeway. Presently they look out onto stored vehicles with very little screening. I recommend an acceptance of the Planning Department staff's recommendation for a zone change and CUP. Sincerely, /iamond . Price wkwood Road Bar, CA 91765 May 9, 1990 Chairman and Planning Commission members Zone Change 90-0036 CUP case 89440 "riy Family and I have shopped and used the various products from Walnut Vally Trailers for over 15 years. They have been good neighbors and helpfull for many years. I have been aware of the new proposed use for some time, and feel it will be complimentary to --the surrording area. Myself neighbors and many associats peel this is a excellent crciect � Telcome it to this area. i Donald Er. rigs ti The Prudential (i. California Realty 1200 $. Diamond Bar Blvd. 0101 Diamond Bar, CA 91765 May 10, 1990 Mayor, City Council, Chairman and Planning Commissioners: Subject: Rezoning of Walnut Valley R. V. The proposed change in zoning to mixed use consisting of a hotel, restaurant, fast food and commercial shops would be, in my opion, a good use of the land and a real compli- ment to the area. I'm sure that with an additional signal, and proper phasing of the present signals, any additional traffic could be adequately handled. I have lived and worked in this area for a long time, and am looking forward to this development in the new City of Diamond Bar. Thank you for your time and consideration. Sincerely, L%nn Briggs Realtor LB/vd i � � / / i i` / 1� i f/ � / %/ i /� � 1 / 1� �/ / Ill a m- r oa 21=y Counci: a1M an &M,emzece =f Ziannlno_ Cm £:salon Den nls 2 !aran g . ?laen!Rg 21=ector : in r of and 1 u!= Esc £end approval --f the ove =one and CU2.change, the s;af£ EepcCt c0lers. a!i a eco o! the RE iec( m kl:g the Rote:. Zest Ise east loud, and mixed cosmerclal an Pr= Eia;e use for this site. Zn cceclusioa, :he tate@ !tom s ung 2 'Facts £o£ 1lRdl2o` eeerri :o be a1; positive! jr QoQld to the oest Use o£ {Be l\at aRc bene£:clal for t5esurrcuncing propeitles )ustif7lag the neem b Zone change an-. C . I aM in acreemnent =1th staff =e C I -M. endat{on a:4 a y£c2ai. Yours truly. U.- 142 1� jonn Willard John Dalrymple 21135 Lycoming St. Walnut, Ca.,. 91789 Dennis Tarango City of Diamond Bar Planning Director 21660 E. Copley Drive Diamond Bar, Ca.,. 91765 Dear Sir, Referance to your file # ZC90-0028 / CUP 89-440 I have been a homeowner and resident of lycoming Street since 1979, -and feel I must voice my opinions on this development. I would place serious opposition to any "Light Manufacturing" or otherwise Industrial development that might occor as an alternative of this project not maturing. A third traffic lane to enter the westbound 60 freeway would be a welcome addition to the neighborhood regardless of this project. The proposed a' 6" garden wall is also desireable in that it may cut down the low rumbling noises from the freeway. The "=rasing" of the signals and the left turn lanes at ILycoming should be done regardless of the outcome of this project. Limiting the fast food restaurants to only one,shows good planning on your part. If you limit or decline the freeway signs to this project, then I feel you should also move to dismantle any other freeway signs within the city limits. In summary; this project will enhance the citys bast interests to a much greater levela than some of the alternatives. I look forward to hearing your reccomendations to the council. ank you, John Dalrymple CC,7 Planning Commmision City Council ao%%o s- 4:4fw•.�i Cu. cft7�� To the members of the City Planning Commission: :Je, as residents of Diamond Bar, on Dryander Drive respectfully request that we be granted the same right of privacy as those residents of Diamond Bar living behind Alpha Beta shopping center. rle ask that an eight foot high solid gall be built along the wash between our properties and the planned Hotel/ Retail Center. Thank you. i cvli Li&i '1-J Coo"\r c � (.(d �r� , cJ L`' ► L rl� �,E �i Etjc �� J 3C) Day , �c--� U 3!v dry r z) P.`cQ rn cncQ 3d'� x -/,i CI A17A A ,%GR ji1/t? �7 A13 '�>R . tA)ALA) 6X C17� (2 PO4zy 9-j 45 0/-7j?.�4 D ` fAMoCKt,W 3K. k P\ L, t Q -T , CA (-'�( I m ztJctc�rli�.� 1 j < To the members of the City Planning Commission: We, as residents of Diamond Bar, on Dryander Drive respectfully request that we be granted the same right of privacy as those residents of Diamond Bar living behind the Alpha Beta shopping center. 'We ask that an.eight foot high solid wall be built along the Nash bet:reen our properties and the planned Hotel/ Retail Center. Thank you. CLkkbjA 4). A(,EA(-3GZ R SO -I S .1Z/tib clz�W. U 7 `60.r -t &). •tl u , cll78y < (- Dryczn_ f �r Pik S� �o e�r C 01A L. ��`J aFrho - I 7/X1,-Xk ^� Continental Land Title Company _ Subsidiaryoi LawyersTitlelnsuranceCrporation ISSUING OFFICE: UNIVERSAL CITY • CONTINENTAL LAND TITLE • 1015 N. MAIN STREET • SANTA ANA, CA Attention: DIANE SHERIDAN Your No. 11374DS Our No. 8848143 Dated as of NOVEAMER 8 9 19 88 at 7:30 Am WE HEREBY SUPPLEMENT OUR REPORT DATED 9-14-88 AS FOLLOWS: ADD ITEM #11: AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: TRACT NO. 3306g RECORDED: BOOK 924, PAGES 1 THROUGH 7 OF MAPS PURPOSE: INGRESS AND EGRESS PURPOSES AFFECTS: THE NORTHERLY 15' OF SAID LAND (Rev c1. 1 i —L�tr,�, .ems/ Title Officer c� � - ' GARTH HACKETT / LEGAL DESCRIPTION Lot 79 of Tract No. 33069, in the City of Diamond Bar, County of Los Angeles, State of California, as shown on map recorded in book 924 page 1 through 7 inclusive of maps, in the office of the County Recorder of said county. c,\YpA \aise,doc\Igldescr 21660 East Copley Drive Diamond Bar, Callibmia91765 Attention: Robert Searcy Dear Mr Searcy. We are writing to express our opposition to the proposed construction of a 100 unit hotel and the classification of the property as "unlimited commercial development" at the comer of Colima and Lemon between the Wine -Press Liquor Store and the Valley Professional Centre. We oppose this proposition for the following reasons: 1. increased traffic congestion 2. decrease in peace and quiet 3. aesthetics of the site 4. lack of parks/green areas for our neighborhood. In addition, we question the amount of business a hotel on this site would have. First of all, there is not a freeway exit at Lemon and second, new hotels exist or wilt soon exist at the Grand Ave. exit and the Fairway exit. Other hotels exist at Nogales, Best Western and Hotel 6, Ramada Inn at Diamond Bar and Shiio Inn at Temple, to name a few. If anything is done, the City Planning Department should be considering a park/green area for the residents of Diamond Bar on this side of the city. Please notify us of the current and future status of this project. We are very concerned about maintaining the quality of life in Diamond Bar. Sincerely, Jesse J. Couch, Jr. C� c''�� �. aZ'"" " Carol S. Couch 1471 S. Lemon Ave. Walnut, CA. 91789 March 2, 1990 Mr. Robert Searcy, City Planning Department, City of Diamond Bar, 21660 East Copley Drive, Diamond Bar, CA 91765 Dear Mr. Searcy: This letter is to register our strongest objections to a zone change proposed at 1035 1/2 Banning Way. From a planning point of view is this really the best use that can be made of this site? (Best use being from the point of view of the residents as opposed to an individual developer.) Let's not adopt the approach that the county used for so long and what, in part, was instrumental in their removal as managers of this community. Sincerely, x' Z - Raymond B. Rebeiro Eleanor K. Rebeiro 20681 E. Truss Ct. Walnut CA 91789 i ✓'v2� ��� s Bryk K Nays c9nd/� N�/tq ���j� �-- �5,��, ��� ,: Bryk K Nays c9nd/� N�/tq ���j� �-- �5,��, ��� ,: March 7. 1990 To: Diamond Bar City Council and the Planning Commission From: Concerned South Pointe Residents of Diamond Bar/Walnut RE: Proposed 100 -unit motel on property bounded by Colima Rd. on the South, Lemon Ave. on the West and the 60 Fwy. on the North. r We, the undersigned, being citizens of Diamond Bar in the Walnut school district wo ld like to express our disapproval of proposed legislation to place a 100 -unit motel on the above cited property for the following reasons: 1. A motel would place school children in danger when walking to and from school. The existing undesirable level of traffic has contributed to recorded accidents at the corner involving school children plus, a multitude of near -accidents making this an undesirable location for commercial property that generates increased traffic. Additionally, the transient nature of motel traffic causes the residents tremendous concern over the safety.of children who must walk near this property to get to the neighborhood school. 2. The proposed use of this property as a motel would not complement the residential nature of this area. This area was incorporated in hopes of stopping the unplanned growth patterns that are prevalent in Southern California. 3. The proposed property does not enhance the lifestyle of the residents of Diamond Bar. This property does not provide any benefits to the residents and in the long term could prove to be detrimental to the lifestyle and could eventually have a negative impact on property values. A satisfactory alternative to the proposed motel would be a development that enhances the lifestyle of the residents of South Pointe and the surrounding Diamond Bar/Walnut area. We the undersigned demand that the elected officials of the Diamond Bar City Council and the members of the Planning Commission take every action necessary to stop the permitting of a motel in this neighborhood. At row MR. ABEL HOU SUMMARY REPORT ON THE POTENTIAL MARKET DEMAND FOR. A PROPOSED 100-100M SLEEP INN TO BE LOCATED IN DIAMOND BAR, CALIFORNIA TUNE 1990 Distribution of this draft ePjrl is Mlten - or inter- nal use ONLY and may not be released M unaL- thorized persons, including the press, without ;;he prior written consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- gagement agreement. June 8, 1990 Mr. Abel Hou 12225 South Street Suite 210 Artesia, CA 90701 Dear Mr. Hou: Pursuant to your authorization, we have completed our analysis of the potential market demand and prepared estimates of occupancy levels and average daily rates for the first five and one-half years of operation of the proposed 100 -room Sleep Inn to be located at 1035 1/2 Banning Way in Diamond Bar, California. The conclusions reached in this analysis are based on our present knowledge of the lodging market in the competitive area as of the completion of our fieldwork on June 4, 1990. As in all studies of this type, the estimated results are based upon competent and efficient management, and presume no significant change in the competitive position of the hotel industry in the immediate area form that set forth in this report. The terms of our engagement are such that we have no obligation to revise this report to reflect events or conditions that occur subsequent to the date of completion of our fieldwork. However, we are available to discuss the necessity for revision in view of changes in the economic or market factors affecting the property. Since the estimated operating results are based on estimates and assumptions that are subject to uncertainty and variation, we do not represent them as results that will actually be achieved. This study does not include the possible impact of government restrictions on the subject property except those set forth in the report. CJstributl05' nal use ONLY and may ; ry 4 thorized parsons, including the press, prior written consent of Panneil Kerr Foster (11-W). Unauthorized distribution is a violation of our en- gagement agreement. Mr. Abel Hou June 8, 1990 This study determines the potential "market position" of the subject property. This study does not constitute an "economic feasibility study". Such a study requires analysis of the relationship of the potential earnings to the investment required, the application of a financing plan, and cash flow projections, particularly for the early years of operation. Such projections can be provided by us as an additional phase under separate proposal, if you so desire, when the data required is available. This report has been prepared primarily for your use in determining the feasibility of the project and to provide you and your architects with general planning parameters. The adequacy of this summary format for use in obtaining mortgage financing or in negotiating a lease, franchise or management agreement is dependent upon your prior arrangements with outside third parties. Neither our name nor the material submitted may be included in any prospectus or used in representations in connection with the sale of securities or participation interests to the public. We would be pleased to hear from you if we can be of further assistance in the interpretation and application of our findings and. conclusions. We appreciate the cooperation extended to us during the course of our engagement. Very truly yours, tharize4 persons, prier 'i(i ti n consentincluding Ore fres Unauthorized diistbution� s a �vviolation l IKerr o of ourster �en- gagement agreement. INTRODUCTION SCOPE OF THE STUDY Pannell Kerr Forster has been retained by Mr. Abel Hou to prepare a study of the potential market demand and to prepare estimates of occupancy levels and average daily rate for the first five and one-half years of operation for a 100 -room Sleep Inn to be located at 1035 1/2 Banning Way in Diamond Bar, California. The proposed Sleep Inn will be affiliated with the Sleep Inn chain, a division of Quality International which is the third largest hotel chain in 'the world. The Sleep Inn concept is a relatively new budget hotel concept with only five properties currently in operation in North America and over 60 additional properties in various stages of planning or construction. Sleep Inns are planned to be all new construction budget hotels with high quality guest rooms and exteriors and similar designs. The Sleep Inn Diamond Bar will have the following features: 0 100 guest rooms of approximately 210 square feet each housed in four buildings of one to three stories;. 0 a swimming pool and deck area; 0 a two-story lobby area; and, 0 approximately 155 parking spaces. This study was undertaken to determine the current and potential demand for lodging accommodations, the future competitive supply of lodging accommodations and the share d' W'bution of this draft report is intended for inter nal use ONLY and may not be released to unau- thorized persons, including the press, wi,hou+ h, prior Viritten consent of Pannell Herr '_'uut1XJ C(J dis".-i uticn is a 2 of the market that could be reasonably attained by the. proposed Sleep Inn. Our study was conducted in several phases, as follows. Site Analysis We evaluated the following factors regarding the proposed site: o Access o Visibility o Ambience o Present Utilization o Topography a Relationship to demand generators o Relationship to area amenities o Advantages and disadvantages of the site versus major competitors. Area Review We gathered and analyzed relevant economic and transportation data to determine whether the overall economic environment in the area appears suitable for the operation of the subject lodging project. Preparation of Supply and Demand Estimates We analyzed historical growth and the characteristics of each of the principal segments of demand for lodging accommodations. Then using the information gathered in our research, we estimated the growth in demand for each segment during the period from 1989 to 1996. We then compared the estimated future supply and demand to reach our conclusion on the overall market potential. Distribution of this draft report is intended for inter- nal use ONLY and may not be released to unau- thorized persons, including the press, without the prior written consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- gagement: agreement. 3 Market Share Estimates After completing our projections of the market area's supply and demand, we estimated the share of the market which the subject hotel should be; able to capture during its first five and one-half years of operation, which are assumed to be 1991 to 1996. Facilities Recommendations We have prepared recommendations for facilities which, in our opinion, will best meet the demonstrated market demand. This recommended design program will serve as a basis for our estimate of operating results. Estimated Market Potential Using our market research as a basis, we have estimated occupancy and average daily rate for each of the first five and one-half years of operation of the property. Since the estimated occupancy levels and room :rates are based on estimates and assumptions which are subject to uncertainty and variation, we will not represent them as results that will actually be achieved. Distribution of this draft report is intended for inter- nal use ONLY and may not be released to unau- thorized persons, including the press, without the prior written consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- r'�r;it.3,t 4 CONCLUSIONS Based on our analysis of the rooms demand, economic growth and the competitive budget lodging market in the Highway 60 corridor, we estimate that there is adequate market demand to support the proposed 100 -unit Sleep Inn located in Diamond Bar, California. Our analysis indicates that the property should be able to achieve a strong level of market support due to the following factors: O the Sleep Inn will offer a high quality budget property with a room rate comparable to older, less attractive properties; o the Sleep Inn will be clearly visible from Highway 60, a major east -west thoroughfare in the Los Angeles Basin and will have adequate accessibility from this highway; o the property will be located proximate to industrial and warehousing complexes of the City of Industry; and, _ o the property will be affiliated with the Quality International reservation system. We estimate that during a stabilized year of operation, the proposed Sleep Inn could achieve the following: 0 a stabilized occupancy level of 85 percent; o an average daily rate of $33.00, stated in 1990 dollars; and, o a mix of demand of 64 percent commercial/trucker demand, and 36 percent tourist/transient demand. Presented in the following text is a summary of our findings relative to the proposed Sleep Inn. Distribution of this draft report is intender Tor inter- nal use ONLY and may not be released to unau- thorized persons, including the press, without the prior written consent of Pannell Kerr Foster (PKc). Unauthorized distribution is a violation of our en- �t:� grevrnur+. SITE LOCATION ANALYSIS The subject site is located at 1035 1/2 Banning Way in Diamond Bar, California. The site is bounded to the north by Highway 60, to the sough by Colima Street, to the east by Banning Way, and to the west by Lemon Avenue. A map indicating the location of the site relative to its immediate surroundings is presented on the following page. The subject site, with its excellent visibility from Highway 60 and its easy accessibility from the eastbound lanes of this major commuter highway, is adequate for the development of a budget lodging facility. Our site specific analysis allowing us to reach this conclusion is outlined in the following paragraphs. Accessibility The subject site is easily accessible from the eastbound lanes of Highway 60 via the Brea Canyon Road exit approximately one-quarter mile east of the site. A motorist would then execute an immediate right hand turn on Colima Road, and travel one-quarter mile west to the property's Colima Road entrance. Motorists travelling westbound on Highway 60 would have to exit at. Brea Canyon Road which is located before the site is visible or pass the site, travel approximately one mile, exit at Fairway Drive and return to the eastbound Highway 60. This difficult access from the westbound direction can be mitigated to some extent through clear instructions given by reservationists at Quality, Sleep Inn directory maps, and signage. The site is easily accessible from the warehousing and distribution areas of the City of Industry some of which are located along Lemon Avenue, the street which bounds the site to the west. Distribution of this draft report is intendQry fc nter- nal use ONLY and may not be released O Lnau- thcrized persons, including the press, without the prior written consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- gagement agreement. FIGURE 1 LOCATION OF THE SRE RELATIVE TO RS IMMEDIATE SURROUNDINGS 7 Visibility. The site is clearly visible from the eastbound lanes of Highway 60 and is visible from the westbound lanes of Highway 60 although the visibility :is partially obstructed by a concrete divider which separates the east and westbound lanes. Given the height of the project and the property's signage, the Sleep Inn should be visible from the westbound lanes. Ambience The site is surrounded to south by hills which have been developed with attractive single family homes lending a pleasant ambience.to the area. Present Utilization The site is currently developed with a residence and a landscape nursery. Topograh The site is flat and at grade with Highway 60, Banning Way and Colima Street. The site is elevated above Lemon Street at the northwest corner of the site where Lemon Street passes underneath Highway 60. Relationship to Demand Generators The site is in close proximity to the warehouse and distribution centers which are located across Highway 60 in the City of Industry. This business parks stretch along the north side of Highway 60 from Highway 57 to the east to Interstate 605 to the west. The newest of these business parks are located at the eastern end of the City of Industry immediately to the north of the subject site. elationshin to Area Amenities The site is in driving distance of the shopping malls, restaurants, and discount retail outlets which have been recently developed along Highway 60 between the Fullerton Road exit and the Azusa Road exit. Additionally, at the intersection of Colima Road and Lemon Avenue next to the site, there are two small retail developments which serve the needs of local residents. Advantages and Disadvantages of the Site The key advantages of the site include: o its excellent visibility from Highway 60zk ihution oi this�,- o its easy access from the eastbound la. s.`&.��fi a%Qa�nWt be released o 1.111Cu- o its proximity to the major business p `zed �tir a press, without the o en o n ll Kerr Foster (PKF). Unauthorized distribution is a violation of our en- gagement agreement. 8 The only. major disadvantage of the site is its difficult access from the westbound lanes of Highway 60 which can be mitigated to some extent by the measures that have previously been discussed. AREA REVIEW The subject site is located in the San Gabriel Valley region of the Greater Los Angeles Metropolitan Area. The San Gabriel Valley, now the most populous area in the Los Angeles Basin, has experienced strong levels of growth over the past decade. The area has evolved into a center of distribution and warehousing operations and a prime residential area for individuals working throughout the Los Angeles area. We anticipate that the area will continue to experience healthy levels of growth in the foreseeable future based on area indicators outlined below: Population: the population of Diamond Bar has increased at a compound annual rate of 8.1 percent between 1984 and 1988 which exceeds the growth in population of the Los Angeles -Long Beach SMSA and the State of California which during the same time period were 2.4 and 2.6 percent, respectively. Highway Traffic Counts: Highway 60, on which the site is located, has experienced strong levels of growth in traffic counts between 1986 and 1988. Traffic counts on Highway 60 at the Fairway Drive, Brea Canyon Road, and Highway 57 junctions have increased 9.7, 7.7, and 4.1 percent respectively on a compound annual basis. Airport Passenger Statistics: Ontario International Airport, located approximately 18 miles from the site, has grown over the past decade from a small area airport to a major regional airport. Total passengers enplaned and deplaned at Ontario have increased from 3.5 million in 1985 to 5.3 million in 1989 or a 10.2 percent compound annual increase. Ontario International has also become a major hub for the west coast operations of several overnight package carriers. Plans call for a major expansion of the passenger terminal at Ontario to occur sometime during the 1990's. Industrial Space and Employment: The City of Industry, located just north of the subject site, is the center of the industrial and warehousing base of the San Gabriel Valley. The numb T o iFd.u� IRL oo ww"the City ai`� �J( of industry has increased from 3. in �tR l%7 oatat*omoowtdtarwMir increase of 8.8 percent. Total employnt,iR tritu�trd�sh�r5fri'�3 in 1970 to 60,000 in 1987 or a 4.2 percggA.,ceM vuntham iu1l Rf1i seer I'h%s"trencl'is` Jnr ,:tori 7�^ 'is —bution is a viola io,! c 7 ear es�- Q anticipated to continue especially as new business parks, such as the 170 acre Fairway Business Park just north of the site, are continuing to be developed. HOTEL ROOMS SUPPLY AND DEMAND Competitive Lodging Supply The competitive budget hotel supply in the Highway 60 corridor in the San Gabriel Valley currently consists of two properties which are identified in the following table and their locations are specified on Figure 2. TABLE 1 COMPETITIVE BUDGET HOTELS SAN GABRIEL VALLEYfHIGHWAY 60 CORRIDOR Number of Map Prol2eM/Location Rooms Code Motel 6 Rowland Heights Highway 60 at Nogales 125 1 Allstar Inn Hacienda Heights Highway 60 at 7th Street 154 2 Total 279 Source: Parnell Kerr Forster In 1989, these properties achieved an aggregate occupancy level of 90 percent at a composite average rate of $31.00. The properties attracted a mix of demand Distribution of this draft report is intended for inter- nal nternal use ONLY and may not be released to unau- thorized persons, including the press, without the prior viritt:en consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- gagement agreement. made up of approximately 63 percent budget conscious commercial travellers and truck drivers and 37 percent tourist and transient demand. While the Highway 60 corridor has seen little budget hotel development to date, there have been several mid priced limited and full service hotels developed. In Diamond Bar, the Ramada Suites Diamond Bar and the Days Hotel Diamond Bar opened in 1988 and 1990, respectively and in Rowland Heights, the Best Western Rowland Heights opened in 1988. These properties are not competitive with the subject motel and the budget hotels identified in Table 1 as both their published rates and achieved average rates are approximately double that of the budget hotels. Budget hotel users are known to make their lodging decision based primarily on price and are likely to seek budget hotel rooms in another geographic area rather than paying a higher room rate. Additions to SuWly At present, the subject Sleep Inn, which is planned to open in July 1991, is the only budget property in the planning or construction phases on the :Highway 60 corridor. There are two - - moderately priced limited service hotels which are either planned or under construction, however. The 100 -unit Comfort Suites Hotel is currently under construction at Highway and Fairway Drive and is planned to open in July, 1990. Additionally, a 135 -room Fairfield Inn by Marriott is planned for the northeast quadrant of the Highway 60 - Brea Canyon Road intersection. Neither of these properties will be competitive with the subject Sleep Inn or the budget hotel supply as both properties will tMs{gril , gf*i#muv4Mptds*$M%tf$50Pter- nal usEe ONLY and may not be released to unau- or approximately 50 percent higher than the budgebm6pp1ys&tbid%WgW8J .press, twit' out prior �N,rittan consent of Pannell Kerr i=ostcl :K •; Unauthcrizod distrib,-tion is a violaticn of cur er- r,4�7osment cgreem?n`t. 12 HOTEL ROOMS DEMAND Demand for hotel rooms is categorized in three ways: o Demonstrated Demand is the demand that can be quantified by examining occupancy levels at competitive properties; O Unsatisfied Demand is the demand that seeks accommodation in the competitive market but is turned away due to the demand patterns in the market; and, o Induced Demand is the demand that does not currently seek accommodations in the competitive market but that could be persuaded to do so through marketing efforts, room rates, location, facilities, services and amenities. Demonstrated Demand Presented below is a summary of the demonstrated demand captured by the competitive budget hotel supply in 1989. TABLE 2 _ MIX OF DEMAND HIGHWAY 60 CORRIDOR BUDGET SUPPLY Captured Percentage Market Segment Room Nights of Total Commercial and 'Trucker 57,100 63% Tourist and Transient 34,000 37 Total 91,100 100% Source: Pannell Derr Forster The following paragraphs present a brief discussion of each of the above market segments, including our estimate of their growth potential for the period 1989 to 1996. Table 3 Distribution of this draft rep rt is intended for inter - summarizes our estimated growth in demandaib§rsang!ky!taMMNltnc $et46e§gYgrioy+6fiSu- thorized persons, including the press, without the projection period. prior written consent of Pannell Kerr Foster (PKF). Unauthorized distribution is a violation of our en- g,3gement: agreement. 13 Commercial Market Segment: The commercial market segment represented 63 percent of the total demand or 57,100 room nights of captured demand. This segment consists predominately of truck drivers who are overnighting in the San Gabriel Valley area and other budget conscious commercial travellers. We have: estimated that this segment should grow at between 3 and 4 percent during the projection period based on the continued expansion of the City of Industry as a hub for warehousing and distribution activities. In addition, we have included 1000 room nights of unsatisfied demand after the opening of the Sleep Inn as local hotels are currently turning away commercial demand due to their high occupancy levels. The total growth in demand in the commercial segment is estimated to be 3.8 percent on a compound annual basis over the seven year projection period. Tourist and Transient Market Segment: The tourist and transient market segment represented 37 percent of total demand or approximately 34,000 room nights of demand in 1989. This demand is made up of a combination of price conscious vacationers visiting friends or relatives in the Los Angeles area, and demand from individuals seeking lodging as an evening getaway. We anticipate that this segment will increase at between 2.5 and 3 percent during the projection period based on overall tourism statistics, and highway traffic counts in the immediate area. We have also included 3,200 room nights of currently unsatisfied demand, based on our interviews with competitive hotels, after the opening of the Sleep Inn. Total Growth in SuMly and Demand Based on the foregoing, overall occupied rooms are anticipated to increase from 91,100 in 1989 to 119,700 in 1996, or a compound annual increase of 4.0 percent. Annual available rooms, after including the addition of the Sleep Inn, are anticipated to increase 14.5 percent on a compound annual basis over the same period. Occupancy levels are anticipated to dip to 76 percent in 1992 as the all the Sleep Inn's rooms enter the market then climb back to 86 percent level in 1996. Our estimates of growth by segment, annual available and occupied rooms, and resulting market occupancies are identified on the following table.. Distribution of this draft report is intended for inter- nal use ON4_Y and may not be released to unau- thorized persons, including the press, without the N,io:' 'r,'ritten col-Isent of Pannell Kerr Poster (PKr). :. r. _ is a violation of our en- Table 3 Total Markel Growth in Demand 1989-199 Market Performance Commercial Seament Tourist and Transient Seamen t Annual Annual Base Base Unsatisfied Total Base Base Unsatisfied Total Available Occupied Market Year Doman Growl h Demand Demand Demand Growth Demand Demand Rooms Rooms Occuuancv 1989 57,100 - % - '57,100 34,100 - % - 34,100 101,835 91,100 90% 1990 57,100 3.0% 500 58,800 34,100 2.5% - 35,000 101,835 93,800 92% 1991 58,800 4.0% 500 61,700 35,000 3.0% 1,600 37,700 120,085 (1) 99,400 83% 1992 61,700 4.0% - 64,700 37,700 3.0% 1,600 40,400 138,335 (1) 105,100 76% 1993 64,700 4.0% - 67,300 40,400 3.0% - 41,600 138,335 108,900 79% 1994 67,300 4.0% - 70,000 41,600 3.0% - 42,800 138,335 112,800 82% 1995 70,000 3.0% - 72,100 42,800 3.0% - 44,100 134,335 116,200 84% 1996 72,100 3.0% - '74,300 44,100 3.0% - 45,400 138,335 119,700 87% as j 05MP m a q�nd Annual CD 3 r d ayttMate o 8�- 3.8% 4.2% 4.5% 4.0% O r, N j ID Z C, roo j 0 3 N) elects the addition of the 100 -room Sleep Inn in July 1991 cr33.aN. r Qct 3n. 4C. Pannell Kerr Forster �iayrq: aqC y d to=r N O o zv O N N CA O (D O fn �. w ry r] 0 0 0' aS c CD a . 15 RECOMMENDED FACILITIES Based on our market analysis, we concur with the developer's plans to build a Sleep Inn with the following features: 0 100 guestrooms of approximately 210 square feet each furnished with high quality furniture including a television, VCR, and telephone; o a swimming pool and sun deck; o a lobby with a two story ceiling and seating area; and, o approximately 155 parking spaces. Additionally, we would recommend that approximately one-third of the guest rooms be equipped with two double beds and two-thirds of the rooms be equipped with a queen sized bed based on the double occupancy factor prevalent in the area. We would also recommend that the developer include a small area in the lobby where complimentary coffee or a complimentary continental breakfast could be served if for some unforeseen reason the market became increasingly competitive. While the developers plans for call for more than an adequate number of parking spaces, we would also recommend planning some oversized spaces for semi -truck rigs in an inconspicuous location. We recommend that the Sleep Inn have a high sign along Highway 60 to improve the property's visibility for westbound travellers. Additionally and more importantly, we would recommend a reader board attached to this sign where the property's room rates could be advertised. This is extremely important in atatt;obf� thll���ll as°"tFtf nal use ONLY and may not be release: to snau- fl- r -tea including the press, v�ichc�:t 'the property's exterior looks likea more expensive 1f6YiY��o�a �4di pr;cr V;r ��n censent of Pannell Kerr Foster e tl'E(P). Unauthorized OisUibution is a violation of our en- gr 16 ESTIMATED MARKET PERFORMANCE OF M-" PROPOSED SLEEP INN Our estimates of market penetration and overall hotel performance are based on analyses of the attributes of the proposed hotel relative to its competitive market. Market penetration achieved by a hotel is correlated to the proportion of total supply represented by that property. This degree of penetration is referred to as fair market share. Factors indicating that a property would possess competitive advantages suggest a penetration level in excess of 100 percent of fair share, while competitive disadvantages are reflected in penetration levels of less than 100 percent of fair share. There are other factors which could cause penetration of less than fair market share. For example, management decisions such as a pricing policy to maximize average daily rate at the expense of occupancy or a marketing plan to target specific pockets of demand while ignoring others would result in less than fair share penetration rates in certain segments. In addition, a new property generally operates at below fair share until the property has built a reputation in the market. The following paragraphs describe our conclusions of how the proposed Sleep Inn should penetrate the available market segments. Distribution of this draft report is intended for inter- nal use ONLY and may not be released to un -au - persons, including the prss^, 17 Commercial Market Segment The proposed Sleep Inn should penetrate the commercial segment at above its fair share based on the following: o its high quality guestrooms should be the most attractive and best equipped in the competitive market; o the property's overall look and facilities will be more attractive than its competitors; o the property's visibility will be a plus in attracting drive-by commercial travellers; and, o the property's location proximate to the warehouse and distribution centers located at the eastern edge of the City of Industry will make the property attractive to truckers delivering to these businesses. Based on the foregoing, we anticipate that the Sleep Inn should capture between 90 and 107 percent of its fair share during its first five and one-half years of operation. The resulting captured commercial room nights increase from 8,400 in the property's first six months of operation to 19,800 in the property's fifth full year of operation. Tourist and Transient Market Segment The proposed Sleep Inn should be able to penetrate the tourist and transient market segment at slightly below its fair share due to the following: o the property's high quality guestrooms and extra amenities such as VCRs should appeal to budget conscious tourists; o the attractive exterior and swimming pooh will draw tourists seeking budget accommodations along the Highway 60 corridor; and, a the reservation system of Quality International will aid the property in capturing tourists booking reservations through their 800 number. Distribution of this draft report is intencea i;or inter- nal use OINLY and may not be released"Co =jnau- thorized persons, including the press, +;vi'h^ he r-iG- o^:rlat:;n consent of Pannell Ker- Foster (F= ,\'F). .. .... �__, ......._,_� n is a violation o- our en- 18 Based on the foregoing, we anticipate that the property should be able to capture between 93 and 99 percent of its fair share during its first five and one-half years of operation or 4,600 to 11,200 captured room nights of tourist demand. Overall Market Penetration and Occupangy Levels Based on the foregoing, the subject property should be to capture 13,000 room nights of demand in its initial six months of operation in 1991 :resulting in a 71 percent occupancy. As the property builds a reputation in the market, its captured room nights and occupancy levels will increase to approximately 85 percent occupancy in its third full year of operation. Given the demand patterns in the market, we anticipate that the property will stabilize at this 85 percent occupancy level. Table 4 outlines the penetration rates by segment, the captured room nights and the resulting occupancy levels for each of the first five and one- half years of operation. Distribution of this draft reperi i5 3ni i C^C nal use ONLY and may not he rale?ss thorized persons, including the press, ;:, Prior written consent of Panneil Kerr Fostar r}i Unauthcrized distribution is a violation of our en- gagement ugreernert. Fair Share (1) Commercial Segment Market Demand Captured Penetration Demand Captured (2) Tourist and Transient Segment Market Demand Captured Penetration Demand Captured (2) Total Table 4 Market Performance of the Proposed 100 -room Sleep Inn 1991 3 1992 Estimate Mix Estimate Mix 15.2% 26.4% 61,700 64,700 90% 102% 8,400 65% 17,500 64% 37,700 64% 40,400 64% 80% 93% 4,600 35% 9,900 36% 99,400 36% 105,100 36% 86% 99% 13,000 100% 27,400 100% 1993 1994 Estimate Mix Estimate Mix 26.4% 26.4% 67,300 105% 18,600 64% 41,600 96% 10,500 36% 108,900 101% 29,100 100% 5ubjecVtidte1-OCRubarJSy 71% 75% 80% ar0ff<- 1) Fair AaA detmiffed by dividing the number of rooms in the subject hotel by the total number of rooms in matket 2) Demanpattki4loalculated by multiplying the total segment demand by the subject Sleep Innrs4FI@§ham reroof demand by the estimated penetration. 3) 6 monttis'ddPergiiip m M,m F"CTa. Source:TaQWi ker'nForster 70,000 107% 19,800 64% 42,800 99% 11,200 36% 112,800 104% 31,000 100% 85% 1995 1996 Estimate Mix Estimate Mix 26.4% 26.4% 74300 72,100 104% 19,800 64% 19,800 64% 44,100 45,400 96% 93% 11,200 36% 11,200 36% 116,200 119,700 101% 98% 31,000 100% 31,000 1000% 85% 85% Ari 20 ESTIMATED AVERAGE DAILY ROOM RATE Based on our analysis of the current room rates at competitive hotels, discounting policies and the mix of demand captured, we have estimated that the proposed Sleep Inn could achieve a $33.00 average daily rate stated in 1990 dollars. This average rate was derived from our suggested rack rates outlined in the following table. TABLE 5 SUGGESTED PUBLISHED RATES SLEEP INN DIAMOND BAR Published Rates Room Tws_e Single Double Queen $31.00 $36.00 Double Double 31.00 36.00 Source: Pannell Kerr Forster We have inflated the current value average daily rate into future value dollars in Table 6. We have assumed a 5 percent inflation rate over the projection period based on a survey of forecasts by leading financial institutions. . TABLE 6 INFLATED AVERAGE DAILY ROOM RATE PROPOSED SLEEP INN DIAMOND BAR (1) Inflation rates are based on a composite of projections from leading financial institutions Distribution of this draft report is intender ±c7� mter- I e NLY ay not be released tc unau- (2) Room rates have been rounded tfla, OF (3) Six months of operation in 1991 Y°C�' a rs s, lading the press, �itycut .`ye prior written consent of Pannell Kerr Foster (PKF). Source: Pannell Kerr Forster Unauthorized distribution is a violation of our en- ^=rnent -- 'reemFn _ Base Inflation Adjusted Year Room Rate Factor (1) Room Rate(2) 1990 $33.00 -- % $33.00 1991 (3) 33.00 5.0 34.75 1992 33.00 5.0 36.50 1993 33.00 5.0 38.25 1994 33.00 5.0 40.00 1995 33.00 5.0 42.00 1996 33.00 5.0 44.25 (1) Inflation rates are based on a composite of projections from leading financial institutions Distribution of this draft report is intender ±c7� mter- I e NLY ay not be released tc unau- (2) Room rates have been rounded tfla, OF (3) Six months of operation in 1991 Y°C�' a rs s, lading the press, �itycut .`ye prior written consent of Pannell Kerr Foster (PKF). Source: Pannell Kerr Forster Unauthorized distribution is a violation of our en- ^=rnent -- 'reemFn _ T MOW& TRAFFIC SAFETY ENGINEERS June 1, 1990 Mr. Abel Hou Project Developer 1225 South Street, Suite 210 Artesia, CA 90701 Subject: Motel Project 1035 1/2 Banning Way Diamond Bar, California Dear Mr. Hou: As a means of placing the proposed motel project traffic impact into perspective, other land uses such as office, medical office and retail shops were evaluated with respect to their related traffic generation characteristics. A comparison of generated traffic for each land use is presented in the following table, Traffic Generation Generated Traffic ; ° Land Use ' A. M.; P. M. ' , A. M.; P. M. ; Daily Peak ; Peak ; Daily Peak Peak Hour Hour Hour Hour ; , ; Motel 10.19 ; 0`. 70 ;0_. 6 3 ` ; (f 019 ` ' 7 0 6 3 ; , (10 0 rooms) — �. � ` General Office; 16.31 2.22 2.21 ; 816 ; 111 ; 110 (50 TSF)* ; Medical Office; 34.17 1.633; 3.626 ; 1708 ; 82 (50 TSF)* ; 18i Retail ; 94.71 ;2.31 8.69 ; 4736 ,.116 ; 435 ; (50 , Source of Generation Rates: Trip Generation, 4th Edition, Institute of Transportation Engineers, 320 (Motel), (General Office), 720 (Medical Office), and 820 (Shopping Center). TSF denotes 1,000 square feet of building area. * Based on 500 of 2.3 acre project site area. 3100 MARYWOOD CTR. ORANGE, CA 92667 [714] 874-7863 FAX [7'74] 974-1043 Page 2 As evidenced from the preceding traffic generation forecasts, the proposed motel project would generate the least amount of traffic. volume. We trust that this analysis will be of immediate value to you. If you have any questions or need additional information, please call me at anytime. Respectfully Submitted, TRAFFIC SAFETY ENGINEERS C. Hui Lai, P.E. Traffic Engieneer C.C. Mr. Sal Rodarte Project Planner ,t f COLLISION DIAGRAM LOCATION: �QU &LITY INTERNATIONAL IJ/ LITY ASSURANCE REVIEW Date: ' �`x$fix.-ttiir�: ii ��i � r•3r L' ;'�tt..f ?, tr , Property Address //il� cif rrG' qtr City ,( Il.�?� 1 State: t Res. Code Franchise No. e-14- `. No. ofUnits: _• Units Inspected• Zip: SDG irU Licensee: {//n tJ Manager: f f ,,)%/,S /'�'/ Date of Previous Report:' __ •� Type of InR spection• egular Probation ❑ Reinspection ❑ Transfer p Application Purpose. 'The Quality Assurance Review is designed to assist you and the Company by identifying areas in which your property does not meet the minimum standards of the Quality System.. Quality Assuarance measurements are necessary to traveling public.insure uniformity within the system and to insure excellence of accommodations and services offered to the " Failure to achieve minimally acceptable scores (-121) in this Review will result in your property being placed in a probation status, may require a formal Hearing to discuss 12 deficiencies, and will require a reinspection. Failure to satisfactorily correct deficiencies noted in this review may show cause for termination of the Franchise Agreement. Summary of Summary of Results Housekeeping Previous Report of Current Review The Housekeeping Review is used to measure the cleanliness of your property.' m F ; OrOa 1000 points is a perfect score. A score of r,"L or less is failing, and will $rOre = ; 01 5 result in probation. ' .Maintenance and Capital Improvements _ ... The Maintenance and Capital Improvements Review is used to measure the condition and appearance of your property: how well it is maintained on a daffy -- w bass and to what degree replacement of FF&E is required. A Score of /1000/1 0�� points or less is failing and will result in probation. / rf ~ -Mandatory Requirements — The Mandatory Items score measures how well you are adhering to Quality in- ternational Rules and Regulations. A score of -fib— points or less is failing Score /1000 /,� /1000 1 and will result in probation. Note: The Mandatory Item deduction will double for t' each deficiency repetition on. succeeding Reviews. -Bonus Items The Eonus Items represent quality points that your property can earn by Score /vL� �100�/1000 creating a more favorable image to the traveling public through support of the Quality System. Toinl Pnints Deducted Housekeeping Points �"�� Mandatory Points Mifnten & Ca; Imas. Points Bonus Points I acknowledge receipt of this report and concur that the ratings given my hotel are factual and accurate. St nature of Manager . r f f' • Regional Directory r - (Da e) _._.. Month: Revenues tw Last ThreeGRR:. Months:: Rooms Sold: TO: Rob Searcy, Planning Dept., City of Diamond Bar FROM: Sal Rodarte SUBJECT: Proposed Motel C.U.P. 88-555 DATE: June 5, 1990 The Los Angeles Police Department imposed the attached conditions on any motel in the Hollywood area, to protect the businesses and residents of the community. My client has no objections if similar conditions were imposed on his project. SR/dr Attached a. Penuire valid Identification from all occupants of each room. All registration cards must contain the names, addresses, valid 'Identification, and vehicle Information, If applicable, of all occupants of the rented roam. b. Require valid Identification from all Individuals entering any motel room and record the same on registration cards for that roan. C. Require that all registration cards be maintained for at least one year. d. Sulmlt all Identification information from registration cards to the Los Arcieles Pbl Ice Vopartment upon demand. e. Require a posting of a sign visible to all patrons Indicating that the motel management Is required to request valid Identification form all occupants, guests, and visitors of the motel and that this Infomintion is available to the Los Angeles Pb l i ce Department upon demarxi. f. Recxilre that the rooms not be rented for short time rates. A11 roams must be rented for periods of 24 hours and each room may only be rented once in a 24 hour period. g. Require that locks and keys he maintained for each room and requlre a key deposit system. Fach roam is to have a key and the roans are to remain unlocked unless In use. h. Recrjire that no visitors he allowed on the premises after t0 p.m. or before 8 a.m. and to post a sign visible to all patrons Indicating the above. i. Require that all unregistered guests be evicted. 3 \ L, Sleep'= _ t T i '''��� h _._ - tri __ � � ,,.,,i r� ,.�_ � � ,---••'�• es®aa ®�. � c,�4m' _ f ',:.• �r x F 3 °1 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 27, 1990 MEETING DATE: September 4, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Irwin Kaplan, Interim Planning Director SUBJECT: SLEEP INN: Appeal of Environmental Assessment Zone Chancre and Conditional Use Permit 88555, the applicant has duly filed an appeal of the Planning Commission decision of June 11, 1990, to recommend denial of the request for the development of a 100 room motel project and zone change from A-1--15000 (Light Agricultural) to C -3 -DP (Unlimited Commercial with a Development Program Overlay) on a 2.3 acre lot located at 1035 1/2 Banning Way. BACKGROUND• The applicant initially proposed a three -floor, 100 room motel. In response to the Planning Commission concerns expressed in the February 26, 1990 public hearing, the applicant brought the revised site plan before the Commission. These revisions included moving the: motel footprint to the North and reducing the main entrance structure from three to two stories to increase the privacy of the surrounding property owners, and moving the swimming area to the immediate vicinity of the motel to reduce the safety hazards. The applicant also provided visual representation of proposed traffic mitigations, landscape plan, and signiplan. (continued on next page) FISCAL IMPACT: J Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: -•-------- -------"f-•��- - - - - - - - - - - - - - - - ---- Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney 1 Y I i� Terrence L. Belang r Assistant City Manager The Planning Commission found the project to be an inappropriate land use for the site based upon the information provided .by the applicant. The applicant advised the Commission that the motel would cater primarily - to truckers and transient tourist clientele. Such traffic, particularly trucks, was deemed to be an adverse traffic impact as well as a safety concern due to the projects proximity to schools and neighborhoods. The Commission concluded that the traffic generated by the project would exacerbate a problematic intersection (Colima Rd. and Lemon Ave.). The traffic mitigation measures were not found to adequately 'mitigate the impacts of ingress and egress to the project site. The Commission also felt that the zone change to C -3 -DP, adjacent to the property to the North (A-1), is not a compatible land use. The Planning Commission concluded that the zone change would not be in compliance with the objectives of the General Plan currently under :study. ATTACHMENTS: EXHIBIT I. Staff Report EXHIBIT II. Environmental. Determination EXHIBIT III. Planning Commission Resolution EXHIBIT IV. Planning Commission Minutes EXHIBIT V. Site Plan EXHIBIT VI. Traffic Report RECOMMENDATION: 1. DENIAL OF MITIGATED NEGATIVE DECLARATION 2. DENIAL OF ZONE CHANGE 88555. 3. DENIAL OF CONDITIONAL USE PERMIT 88555 2 STAFF REPORT DATE: MAY 14, 1990 TO: Chairman and Members of the Planning Commission FROM; Dennis A. Tarango, Acting Planning Director BY: Robert Searcy, Assistant Planninn Director SUBJECT: ENVIRONMENTAL ASSESSMENT, ZONE CHANGE AND CONDITIONAL USE PERMIT 88555: for the change of a parcel from Zone A-1-15000 to C -3 -DP -BE; and the development of a 100 room hotel with assembly room and signage plan on a 2.32 acre site located at 1035 1/2 Banning Way. I. PROJECT AND SITE DESCRIPTION: A. REQUESTED ACTION: Issuance of a Negative Declaration and approval of a Zone Change and Conditional Use Permit including site plan, landscape plan, and sign plan. B. SURROUNDING LAND USE AND ZONING: NORTH - Zone A-1-15,000 with Green Tree Nursery operating on site and bounded by the SR 60 Freeway. SOUTH - Zone R-1-10,000 single family residences separated from project by Colima Rd. EAST - Zone C -3 -DP -BE developed with a two floor, commercial office building. WEST - Zone C -2 -DY -BE (Neighborhood Business) developed with a small commercial center. C. _COMMUNITY PLAN DESIGNATION: Project Site: Nonurban North - Nonurban South - Commercial and Open Space East - Commercial West - Industrial D. SITE CHARACTERISTICS: The pentagonal site is currently zoned A-1-15,000 and is approximately 2.32 acres in size. The site is bounded to the east by Banning Way with approximately 400 feet of frontage. Frontage along Colima Road is approximately 275 feet, and Lemon Ave. maintains frontage of approximately 500 feet on the western boundary. Currently the site is developed with a vacant structure and trees. Some of the trees on site are old or in poor health. To the north of the site, a retail nursery enterprise is operating. E. PARKING CALCULATIONS: TYPE - SQUARE PARKING SPACES SPACES of USE FOOTAGE RATIO R.EW D PROV' D 100 Rooms N/A 1:1 100 100 ASSEMBLY 3200 1:3 67 TOTAL 167 II. ANALYSIS: A. General: The application is to construct a 100 room hotel project on a site that currently is developed with an existing structure which will be removed. The project is to construct a four appendage interconnected complex which will provide 100 rooms in addition to a 3200 square foot (approximate height 19') assembly area to be used for meetings and conferences. The main building entrance will be atwo story (approximate height 191) structure connected to two three story (approximate height 28') buildings by enclosed walkways. The assembly room is a one story structure. No dining facilities are planned for this project. A swimming pool will be located to the north of the hotel in a green belt area located between the structures and the parking area. Total gross floorlarea (gfa) will be 43,000 square feet and will cover about 18 percent of the gross area of the site. Landscaping will cover in excess of 21 percent of the site and has been designed to maintain as many existing trees as possible. There will be 173 parking spaces provided with a 60/40 ratio of standard to compact parking. Setbacks will range from 37 feet on Banning Way to 77 feet on Colima Rd. The main entrance will be positioned on Colima Rd. and a secondary access will be taken from Banning Way. No access will be taken from Lemon Ave. The materials used in the construction of the buildings include the use of red brick Mission Tile for the roof and off-white stucco on exterior wall surfaces. A six foot monument sign positioned at the main entrance and a wall sign on the rear of the three story unit for freeway identification are proposed at this time. There is a logo situated in the tower at the front of the hotel. B. Concerns: Traffic, privacy, and compatibility with surrounding land uses and economic feasibility. Traffic: This area of concern was covered in the initial public hearing. The mitigation conditions focused on limiting ingress and egress to the site by restriping and/or placing barriers that would prohibit left turns from the project site. Privacy: Concerns for the privacy of residential uses immediately to the south across Colima Rd. were addressed by the applicant in the redesign of the hotel. The project site ranges from approximately five to ten feet below the level of the residential development to the south therefore the main unit was reduced from three stories (32 feet high) to the current two story (22 feet hi.-gh) design. Because of the trees that are to be planted along Colima Rd. which will have a mature height of 25 feet, and the existing block wall along Colima Rd.'s southern elevation, the hotel and residential area will have limited visual contact. Compatibility: Due to the retail commercial environment currently existing on the north side of Colima Rd. and the similar zoning of adjacent parcels, the zone change is in character with appropriate land desi�'nations. The project is a low intensity use that generates traffic at periods other than normal peak am and pm periods. The proposed project will not create sound exceeding the adjacent freeway noise nor is odor or fume generation associated with the project. III. FACTS OF FINDINGS: The project is substantially consistent with the community plan and is projected to be in substantial compliance with the General Plan. The project will not be detrimental to adjacent properties or cause significant environmental impacts. IV. ZONE CHANGE PRINCIPLES FOR CONSIDERA'T'ION: 1. That the modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration; 2. That a need for the proposed zone classification exists within such area or district; 3. That the particular property under consideration is a proper location for said zone classification with such are: or district; and 4. That placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity with good zoning practice; and that the proposed zone change is consistent with the proposed General Plan for the area. FINDINGS AND DECISIONS FOR THE CONDITIONAL USE PERMIT: 1. That the requested use at the location proposed will not be in substantial conflict with the adopted General Plan for the area. Where no general plan has been adopted, this subsection shall not apply; 2. That the requested use at the location proposed will not: a) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or b) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or c) Jeopardize, endanger or otherwise constitute a menace to public health, safety or the general welfare; 3. 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, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and 4. That 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 such use would generate. V. CORRESPONDENCE: This item has been advertised in the San Gabriel Tribune and Progress Bulletin newspapers as a public hearing. Notices have been sent to property owners within a 700 foot radius of project site. Rodarte & Associates One Park Plaza 3250 Wilshire Boulevard Suite 900 Los Angeles, California 90010 (213) 387-1906 Real Estate Development Consultants ■ Government Relations ■ Investments F?ECE1VEp SEP = 4 1999 01 August 31, 1990 City Council City of Diamond Bar 21660 E. Copley DR. Diamond Bar, CA 91765 RE: ZC/CUP 880555 - PC 90-10 Honorable Members: After careful consideration of the facts relative to the above referenced Change of Zone and Conditional Use for a proposed motel at the corner of Colima Road and Lemon Street, the applicant has concluded that he wishes to withdraw this request and that no action be taken on it by your body at this time. We respectfully petition that this request be received and filed. We regret any inconvenience caused the interested community appearing for this hearing. It is our intent to meet with your planning staff at a later date to review alternative uses that would be compatible with the surrounding community, and one that would have.the support of this Council. It is intended to develop this property with a quality type development. Once again, it is respectfully requested that this matter be withdrawn from your agenda and that it be received and filed. Thank you for your assistance and consideration in this matter. Sincerely, Sal Rodarte SR/dr MITIGATED NEGATIVE DECLARATION �xhb,+ 1. Earth (A-E) Items marked "no" or "possibly" Construction of the proposed motel project will require limited grading of the subject site and will slightly increase erosion by wind and rain only during the construction phase. 2. Air (A -C) Items marked "No" Due to the nature of the project (Motel Project) the project does not have the propensity to create objectionable odors or - result in changes to air movement or climate. 3. Water (B) Items marked "Yes" As a result of the introduction of asphalt for parking facilities, the current absorption and run-off rates will increase. 4. Plant Life (A-E) Items marked "No" There are no endangered, rare, or unique species on site as a result of the currently developed status of the site. The proposed project will replace all removed trees and will maintain as many trees as possible during the course of development. 5. Animal Life (A -D) Items marked "No" The proposed project will be of no impact to animal life due to the implementation of the project. No unique, rare, or endangered animal species are on the site. 6. Noise (A B) Items marked "No" Due to the surrounding land uses, commercial, retail, and also the 60 Frwy., the proposed project wi11 have a negligible impact on current sound levels. 7. Light & Clare "Yes" The proposed project will be the source of new light on the site. Additional light for safety purposes will be required in the parking lot and also for on-site signage. The landscape plan was designed to mitigate light spillage off- site by providing large trees at primary locations. Non- glare producing glass is incorporated into the motel design. 8. Land Use "Yes" The site is currently under utilized and the proposed project would dramatically increase the land use capabilities and usage. 9. Natural Resources "Yes" The project will require connection to existing utilities and will add. to the current consumption levels of water and electricity. These increases will not however place an unbearable demand on the resources nor deprive consumption of these resources to current consumers. 10. Risk of Upset (A,B) Items marked "No" The proposed project does~ not include any facilities which will involve the use of hazardous substances. 11. Population Items marked "No" Due to the nature of the project, no impacts to the location, distribution, density or growth rate of the human population is anticipated. 12. Housing Items marked"No" The project will not result in taking any houses nor will it increase the demand for housing in the area. 13. Transportation/Circulation (A C F) "Yes" or "Possibly" The proposed project will create an additional 1,019 trips on a daily basis (Table A, p.7 Traffic Impact Analysis). Although this is exclusively minimal it is cumulatively significant. The addition of this traffic volume will create proportional hazards beyond current conditions. 13. Transportation/Circulation (B D E) Items marked "No The proposed project will not affect or place an additional demand on existing off-site parking nor will it alter rail, air, waterborne traffic. 14. Public Services (1-6) Items marked "No" Due to the nature of the project, public services will not be affected by the development. 15. Energy (A -B) Items marked "No" Development of the proposed project does not represent a demand for substantial increase in present consumption levels. 16. Utilities Items marked "No" The project proposed will not require alterations to the communication system, water facilities, or solid waste disposal. 17. Human Heal"th (A B) Items marked "No'* Due to the non -industrial character of the project, no health hazards are anticipated with project development. 18. Aesthetics Items marked "No" The project will not obstruct any scenic vista nor will it create any aesthetically offensive site open to public view. 19. Recreation Items marked "No" The proposed project wi 11 not create the need for or adversely impact, existing recreational facilities. 20. Cultural Resources (A -D) Items marked "No No impacts to cultural resources are anticipated with project development, due to the disturbed nature of the area. MITIGATION MEASURES Noise Construction hours are limited to the hours of 7 a.m. to 6 p.m. Monday through Friday. No construction will be allowed on weekends or federal holidays. The motel is sceduled to operate ori a 24 hour Basis. Light and Glare Non-n-lare producing glass will be implemented into the desi;;n of the motel. Lighti_n will be Placed it L 1 a manner which will Prohibit light spillage from the project site and the t along the frontages will futher reduc Pees site. e li.ht and 5lare of - Traffic i. Construct Rill imr-',ro,,-ements on Colima. R.oal and B?inni::z t to City standards and ,join existing improvements incl??t ins any widening on Colima Rd. easter_fV of Banning Wv IY to of fec-t i l the proper traffic lane transitions. 2. Construct full raised median improvements on Colima Rd. between Lemon Ave. and Lanning Wa7-, 3. Participate in traffic signal u'p-grades: a. Colima Rd. @ Lemon Ave. k . Colin-, Rd. @ fire_' :s, 13 City of Diamond Bar Initlal Study Form 21664 EAST COPLEY DRIiVE •SUITE 100. Page DIAMOND BAR, CA 91765-4177 :�; 714860 -?A89 • FAX 714860-3117 1. Background: 1. Name of.Applicant: �� L LLut � 2. Address and Phone Number of Proponent:_ Sou -14 '�,` i 4:�2-1U 3. Name, Address and Phone of Project ontact- C -%fir - A C -1ice' Ji 1S'; V, - E 11+1 1. t ArV F-- 'W -2 -ng -- 1=11--754 -2 ng--1'it--754 4. Date of Environmental Information Submittal: SEPT'. iii �8 5. Date of Environmental Checklist Submittal - TAM , ici-iAQ 6. Lead Agency. (Agency Requiring Checklist): 7. Name of Proposal 'rf applicable ( Tract No. N Subdivision): 8. Related Applications (under the authority of this environmental determination): Yes No Variance: Conditional Use Permit: Zane Change: +/ General Plan Amendment: ✓ (Attach Completed Environmentallnfiormafion Form) FHYLUS E. PAPENI . PAUL V HORCHER GARY H. WERNER GARY G. MILLER JOHN A. FORBING ROBERT I.. VAN NORT Mayor -.Mayor Pro Tem Couniftcatber Counci member• Councilmenber City Manager CITY OF DIAMOND BAR USES, RECYCLED PAPER < City of Diamond Barinitial Study Form Page 2 11. Environmental impacts: (Explanations and additional Information to supplement all "yes" and "possibly" answers are required to be submitted an attached sheets) Yes No Possibly 1. Earth. Will the proposal result In: a. Unstable earth conditions or changes in geologic substructures? ✓ b. Disruptions, displacements, compaction or overcovering of the soil? C. Change in topography or ground surface relief features? i ✓ d. The destruction, covering or modification of any unique geologic or physical feature? e. Any increase in wind or water erosion of soils, either on or off the site? ✓ f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? g.. Exposum of people or property to geologic hazards such s earthquakes, landslides, mudslides, ground failure, or similar hazards? =� 2. Air. Will the proposal result In: a. Substantial air emissions or deterioration of ambient air quality? ✓ b. The creation of objectionable odors? j✓ c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result In: a. Changes in currents or the course or direction of water movements? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? _� c. Alterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? 1. Exposure of people or property to water related hazards such as flooding? _� City of Diamond Bar milia! Study Form Page 3 4. Plant Life. Will the proposal result in: Yes No Possibly a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction in the numbers of any unique rare or endangered species of plants? c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? d. introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? 5. Animal LIfe. Will the proposal result In: a. Change in the diversity of species, or number of any species of animals (birds, land / animals including reptiles, fish and shellfish, benthic organisms and insects)? #/ b. Reduction in the numbers of any unique rare or endangered species of animals? c. introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? it 5. Noise. Will the proposal result in: a. Significant increases in existing noise levels? b. Exposure of people to severe noise levels 7. LIght and Glare. Will the proposal result in: i / a. Significant new light and glare or contribute significantly to existing levels of light and glare?/ 8. Land Use. Will the proposal result in: a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result In: a. An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal Involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. Probable interference with an emergency response plan or an emergency evacuation plan? f City of Diamond Bar Initial Studpage Foo Yes No Possibly 11. Population. Will the proposal: a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: a. Existing housing, or create a -demand for additional housing? V 13. Transportation/Circulatlon. Will the proposal result In: a. -Generation of Substantial additional vehicular movement? — / b. Effects on existing parking facilities or demand for new parking? c. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterbome, rail or air traffic? V10, f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: -- 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks or other recreational facilities? 5. Maintenance of public facilities, including roads? 6. Other governmental services? 15. Energy. Will the proposal result In: / a. Use of substantial amounts of fuel or energy? —1�- b. Substantial increase in dmand upon existing energy sources or require the development of new sources of energy? 16. Utilities. Will the proposal result In: a. A need for new systems, or Substantial alterations to public utilities? City of Diamond Bar.'nitial Study Form Page 5 Yes No Possibly 17. Human Health. Will the proposal result In: a. Creation of any health hazard or potential health hazard (excluding mental health)? _ b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result In: a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? IX 19. Recreation. Will the proposal result In: a. An impact upon the quality or quantity of existing recreational opportunities? , / 29. Cultural Resources. Will the proposal result In: a. The alteration of or the destruction of a prehistoric or historic archaeological site? / b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? V c. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. i/ Clay of Diamond Bar Initial StudyaFoo � Yes No Possibly 21. Mandatory Findings of Significance? a. Does the proposed Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populaton to drop beloself sustaining level, threaten aten to eliminate or reduce the number or restnct significantly reduce a plant or animal community, —� the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the proposed project have the potential to achieve short-term,40 the disadvantage of long-term, environmental goals? c. Does the pro sed project pose impacts which are individually limited but cumulatively considerable d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Ill Discussion of Environmental Evaluation: (Attach Narrative) IV. Determination: On the basis of this initial evaluation: i gg I find that the proposed ro ect COULD NObe p epared.nificant effect on the environment, and a NEGATIVED LA I find that although the proposed project could have a significant effect on the environment, there will neebe a d sheet have been incorhis case because the porated ed nto the proposed projemeasures described on the alta A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. / j A� q w Date: Signature: Title For the City of Diamond Bar, . omia INITIAL STUDY QUESTIONNAIRE COUNTY OF LOS ANGLES A. GENERAL INFORMATION (STAFF USE) PROJECT NUMBER (s) : Project Applicant (Owner): Project Representative: ABEL HOU =-EHA P -MG ( TRITECH A: SCC. ) Name Name 12225 South St. *210 735 W.. Emerson Ave. #200 Address 735 Artesia, CA 90701 Nbnte�:ev Park, C3 91754 (213) 402-0808 (8]18)1 570-191.8 Phone Number Phone dumber 1. P.Ction requested and project description: ZONE CHANCE REQUEST & CONDITIONAL USE PERMIT. PROJECT: 100 -ROOM MOtEL. 2. Street location of project: 1035 1/2 BANNING WAY, WA?NUT, CA 91789 3a. Pre52nt use of site: RESIDENTIAL 3b. Previous use of site or structures:. a. Please list all previous cases NONE (if any) related to this project: 5. Other related permit/approvals required. Specify type aha granting agency. 6. Pse you olanning future phases of this project? /Y/_ /N If yes explain: NONE NONE 7. Project area: Covered by structures, paving: 77,902 S.F. Landscaping, open space: 23,000 S.F. Total area: 100,902 S.F. 10. water ,and sewer service: Ei. Nui:ioer of floors: 9. Present zonira: A-1-15000 Does service exisz at site? Ir yes, i0 Purveyors have CaOaClty t0 inC�'t ]�Tc:R^ of project and all ot'.Ier approve_] �,Orojects? If dcr„estj c ;vrtar or public se,.aers are not av=_ilabl=,ecr .:li.L these services be provides? - 1 - 3c�nesr4c . Publ-I c Sewers /yX /N/ /Y/ /N/ Residential projects: 11. Nuraer and typa of units: ------ ---- -- - i2. schools: `Nnat scht ool district serves tee property? _ --- Are existing school facilities adequate to meet project needs'- /N/ /N/ If not, what provisions will 'oe made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or 100, sensitive use (school, hospital, etc-) . N,er and floor area of buildings: 1 -Building, 2 -Story, 38,900SQ.F='• i4 15. Nu:^i�er of plovees and shifts: Employee 6, Shift - 3, 2g -Hour 2 17. Operating hours: 16. Maximum employees per shitt- 18. Identify any: End products none waste products none Means of disposal i9. Do project operations use, store or produce hazardous subs ances such as oil, Pestic'_des, paints or raa�oact_ve materials? /Y/ /Nj if yes, explain: chemicals, � , r �=1 / if yes, explain: 20. Do your operations r=quirt any pressurized tonics? Y/ � 21. IGent� fy anflammable, r=aCtlVe or explosive materials to to lOCct OCi-�1t0. NONE through 22. will delivery or shi�lent trucks travel highway? /Y/h _ /N-/ If ves, explain: residential areas tO reach the nearest 2 - B. ENY1ROL4-1L"+LY AL 1NFOR A, 1 1. Environmental Setting -- Project Site a. Existing use;- structur-stl7TP__- b. Topography/slopes See Plot Plan *c. Vegetation *d. animals *e. Watercourses t. Cultural/historical resources None g. Other 2. Environmental Setting -- Surrounding Area a. Existing uses/structures (types, densities): b. Topography/slopes *c. V--cfetation *d. Animals *e. Watercourses f. Cultural/historical resources g. Other 3. Are there any .major trees on the site, including oak trees? /Y/ /N If yes, type and n=joer: d. Will anv natural watercourses, surface f patterns., etc, be changed through project development?: /y// Ifves, explain: *Answers .are not required if the area does not contain natural, undeveloped land. - 3 - B. ENVIRONMENTAL INFORMATION (cont.) 5. Grading: If es, how many will it be _ iai1L the project _ y � /�/ require grading? L/ /N/ ctioic yards. 1,000 C.Y. balanced on site? /N/ If not balanced, where will dirt be obtained or deposited? — 5. Are there any identifiable landslides or other ,lajor geologic hazards on the property (including unccmpacted fill)? /Y// /g/ If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with iaoderateiy dense vegetation? /Y/ /K/- Distance to nearest fire station: _ 8. Noise: Existing noise sources at site: 60-Freewa Noise to be generated by project: 9. Fumes: odors generates by project: Could toxic f-mes be generated? Mone None None 10. What energy -conserving designs or material will be used? CERTIFICATION: 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: (Signature) For: - d - _. 0 /0 s Major projects in area: Project Mxnbers Description NOTE: For EIR's, above projects are not sufficient for cumulative analysis. 6 REVIEWING AGENCIES Responsible Agencies Special Reviewing Agencies Regional Significance None Regional Water Quality Control Board Los Angeles Region Lahontan Region Coastal Commission Trustee Agencies None State Fish and Game 171 State Parks None Topanga-Las Virgenes Conservation District Santa Monica Mountains Conservancy National Parks National Forest Edwards Air Force Base 'U. L.+' 2- None SCAG Criteria Air Quality Water Resources Santa Monica Mtns Area 6 2-4,i L 6 -L n,,� -v iva ,k V PAicl Ne I 11"Q N aV'fG Mer.0 SD,3fl NOIMMOMI 7vd= ONINWnd TvTNOIM aO S2'I'3DRV SOI aO KMOO I Xcnls ULLINI SIHSVD Easm joaroud Ss - .5-:r - z I SSWOUT .L :9-4eci aSmO/Cleo TIINQ Asn ill LIVILS T - -j=(ZJSj-5 NYZ� L�OB :UIPTd TTlnu=:) :BUTUOZ i t^j V=l a (S' Bf-i�l 01 'Z-�j 'itA.:i pp may I -41 N tr-1 m T a a 2-4 BU)U Lia :,5u T U 0 TA 05S 'I�;ii011-JI V\1007�h 0-01 CN,tvl 4n� IN" rH--� B, Ilils7z AV :2:): [07d 70 U0TqciT:Z0SaCl 6 2-4,i L 6 -L n,,� -v iva ,k V PAicl Ne I 11"Q N aV'fG Mer.0 SD,3fl NOIMMOMI 7vd= ONINWnd TvTNOIM aO S2'I'3DRV SOI aO KMOO I Xcnls ULLINI SIHSVD Easm joaroud Ss - .5-:r - z I SSWOUT .L :9-4eci aSmO/Cleo TIINQ Asn ill LIVILS V -T_ 1 '°'1' A*i J PSIS MATRIX: VTEOOFY Factor N �"i V'RAL HAZ AFLS Geotechni, ANALYSIS ST. --a irAividual pages for details) P A2w %t/rnsificant I=act G iin c41nt Iaact Potential Concern urat2on re Sheri: 112T t1�L`S neral vi rT on. S4 DE7_�?LATION: tin the basis of this Initial Study, the Department of Regional Planning finds that this project qualifies for the following enviromtmental dc'cunent: Preliminary FINAL Z7 Z NINE DE=V ATICN, inas nisch as the proposed project will not have a significant effect on the environment. NEGkTM DKIARATICN, inasmsuch as the changes required for t}'a project will reduce impacts to insignificant levels (see "Conditions". page 4). Z7 JZ7 MMRC)t3 ' IMPACT REPORT, inas;nuch as there is substantial evidence that the proDect may have a significant impact due to factors listed above as 'significant'. L% D+etemnination appealed—see attached sheet. Eavirorinental Finding (Negative Declaratims) s Z7 An Initial Study was prepared' on this project: in ccnpliance with the state CEQA » Guidelines and the environmental reporting procedures of the County of Las Angeles. It was determined that this project will not exceed the established threshold cri- taria for any environmental/service factor and, as a result, Will not have a signi- ficant effect on the physical environment. ,7 An Initial Study was prepared on this project: in ccmpliance with the State CMZA NEC Guidelines and the environmental reporting procedures of the County of Los Angeles. It was originally determined that tide parapos- d project may exceed established thres- bold ctit.aria. The applicant has agreed to modification of the project so that it can now be determined that the project will slot have a significant effect on the physical environment. The modification to mitigate this impact(s) is identified on the Acceptance Letter included as part of this Initial Study. N=: 7Inding3 for Dwironmental Tmpect Reports will be prep:red as a separate docsnent following the Folic bearing cc the project. Reviewed by: Date: 3 - fire 7 .% Pio l se 8 y ` W-.rJ" RESOUR"ES Water Quality 9 hir Quall i ty 10 Biota 11 CULTURAL RESOUZES Cultural Resources 121. VISUAL Visual Qualities 13 SZRVICES Tra f fic rsccess 14 urat2on re Sheri: 112T t1�L`S neral vi rT on. S4 DE7_�?LATION: tin the basis of this Initial Study, the Department of Regional Planning finds that this project qualifies for the following enviromtmental dc'cunent: Preliminary FINAL Z7 Z NINE DE=V ATICN, inas nisch as the proposed project will not have a significant effect on the environment. NEGkTM DKIARATICN, inasmsuch as the changes required for t}'a project will reduce impacts to insignificant levels (see "Conditions". page 4). Z7 JZ7 MMRC)t3 ' IMPACT REPORT, inas;nuch as there is substantial evidence that the proDect may have a significant impact due to factors listed above as 'significant'. L% D+etemnination appealed—see attached sheet. Eavirorinental Finding (Negative Declaratims) s Z7 An Initial Study was prepared' on this project: in ccnpliance with the state CEQA » Guidelines and the environmental reporting procedures of the County of Las Angeles. It was determined that this project will not exceed the established threshold cri- taria for any environmental/service factor and, as a result, Will not have a signi- ficant effect on the physical environment. ,7 An Initial Study was prepared on this project: in ccmpliance with the State CMZA NEC Guidelines and the environmental reporting procedures of the County of Los Angeles. It was originally determined that tide parapos- d project may exceed established thres- bold ctit.aria. The applicant has agreed to modification of the project so that it can now be determined that the project will slot have a significant effect on the physical environment. The modification to mitigate this impact(s) is identified on the Acceptance Letter included as part of this Initial Study. N=: 7Inding3 for Dwironmental Tmpect Reports will be prep:red as a separate docsnent following the Folic bearing cc the project. Reviewed by: Date: 3 - PRWE) T CHANGES/00NDITIONS %% Prior to ( ) recordation of the final map ( J issuance of a building permit and as a means Of mitigating potential environmental impacts, it must be demonstrated to the satisfaction Of the Regional Planning Commission that sewer connection permits can be obtained from ( ) county Sanitation District No. ( ) Las Virgenes Municipal Water District or its legal successor that meet the requirements Of the California Regional Water Quality Control Board pursuant to Division 7 of the Water Code, %% Prior to alteration of any streambeds, and as a means of mitigating potential environmental impacts, the applicant shall enter into an agreement with the California State Department of Fish and Game, pursuant to Sections 1601 through 1603 of the State Fish and Game Code_ r i/ Prior to ( ) tentative approval ( ) scheduling before the Zoning Board ( ) scheduling before the Regional Planning Commission, and as a means of mitigating potential environmental im- pacts, the applicant shall submit an archaeology report for the entire project site (unless otherwise noted) prepared by a qualified archaeologist, and comply with mitigation measures suggested by the archaeologist and approved by the Department of Regional Planning. Prior to ( ) tentative approval ( ) scheduling before the Zoning Board ( ) scheduling before the Regional Planning Commission, and as a means of mitigating potential environmental impacts, the applicant shall agree to suspend construction in the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. "ne applicant shall agree to comply with mitigation measures recommended by the archaeolo- gist and approved by the Department of Regional Planning.,; As a condition of ( ) final approval ( ) the grant ( ) approval of the zoning ordinance, and as a means of mitigating potential environmental impacts, the applicant shall dedicate to the County of Los Angeles, ( ) the right to prohibit construction over an area demarcated on the ( ) tentative map ( ) plot plan, ( ) construction of more than one residence of con— unit and related accessory building on any one lot on the project site. A note to this effect shall be ( ) placed on final map or on the Grant Waiver ( ) recorded on the title Prior to ( ) tentative approval ( ) recordation of the final map ( ) scheduling before the Zonin? Board ( ) scheduling before the Regional Planning Commission, and as a means of m:ticating potential environmental impacts, the applicant shall drill and test flow a well(s) to the satisfaction of the Department of Public Works/Engineering Division. A warning note shall be ( ) placed on the final map and in the CC&Rs ( ) recorded on the title, indicating that the area has a limited groundwater supply and that water may not be available during periods of severe drought. A copy of the ( ) CC&Rs sha21 be submitted to the Department of Regional Planning and subsequently recorded with the final map ( ) title Shall Or submitted to the Department of Regional Planning for approval. As a -condition of ( ) final approval ( ) the grant ( ) approval of the zoning ordinance, and as a means Of mitigating potential environmental impacts, a warning note shall ( ) be placed in the CC&Rs ( ) recorded on the title, indicating that the area has a limited groundwater suPPly during periods of severe drougnt. A cony of the ( ) CC&Rs shall be submitted to the Department e_ Recional Planning for approval and subsequently recorded with the final map ( ) title sha11 be submitted to the Department of Regional Planning for approval. Prior to recordation of the final map, the subeivider shall be required to enter into an agreement with the County to pay to the County a sum not to exceed $3,500.00 per residential unit, and not to be less than $2,000.00 per residential unit for the purpose of contributing to the proposed Road Benefit District prior to occupancy or upon demand of payment by the County Road Commission. Security for the performance of said agreement shall be guaranteed by the fi2ing of a bond by a duly authorized surety, Prior to scheduling for public hearing, and as a means of mitigating any environmental impact! associate_ with the distance of the project to the nearest fire station, the applicant shall agree to comply with recommendations of the County Forester and Fire Warden. 77' See attaches paged for additional Project/Changes/Conditions - 4 - ENVIRONMENTAL ANALYSIS 1.0 Hazard Factors 1.1 Geotechnical SETTING/IMPACTS: Y N a. ❑ Is the project site located in an active or potentially active fault zone? b. 0 D Is the project site located in an area containing a major landslide(s)? C. ❑ D Is the project site located in an area having high slope instability? d. n Q Is the project site subject to high subsidence, high groundwater level, or hydrocom;paction? e. �[� Is the proposed project considered a sensitive use (school, hospital, public assembly site) located in close proximity to a significant geotechnical hazard? f. n Other factors? MITIGATION MEASURES: Standard mitigation measures are: Q Building Ordinance No. 2225 -- Sections 3088, 309, 310 and 311 and Chapters 29 and 70. Other considerations: M Lot Size rl Project Design CONCLUSION: Considering the above information, could the project have a significant impact on, or be impacted by, ^ geotechnical factors? Yes L_ J'� No 5 1 0% al -..A SETTING/IMPACTS: Y N a. 0' Is a major drainage course, as identified on USGS quad sheets by a dashed line, located on the project site? b. (� Q^ Is the project site located within or does it contain a floodway or floodplain? c. j� [�' Is the project site located in or subject to high mudfiow conditions? d. j� [' Will the project contribute, or be subject to, high erosion and debris deposition from run-off? e. ❑ [` Other factors? MITIGATION MEASURES: Standard mitigation measures are: n Building Ordinance No. 2225 --Section 308A Flood Control District Drainage Concept C] Ordinance No. 12,114 (Floodways) Other considerations: Q Lot Size L Project Design CONCLUSION: Considering the above information, could the project have a significant impact on, or be impacted by, flood (hydrological) factors? [] Yes D` No 6 1.3 Fite SETTING/IMPACTS a. [� Q' Is the project site located :in a high fire hazard area (Fire Zone 4 or Quinton,/Redgate fire classification)? b. � Is the project site in a high fire hazard area and served by inadequate access due to length, width, surface material, turnarounds, or grade? c. (�' Is the project site in a high fire hazard area and has more than 75 dwelling units on a single access? d. F7 Q` Is the project site located in an area having inadequate water and pressure to meet fire flow standards? e. Is the project site located in close proximity to potential dangerous fire hazard conditions/uses (such as refineries, flammables, explosives manufacturing)? f. [] Q' Does the proposed use constitute a.potentially dangerous fire hazard condition/use? g. tt Other Factors? MITIGATION MEASURES: "�-,�:,dard mitigation measures are: M Fire Ordinance No. 2947 Water Ordinance No. 7834 II Fire Prevention Manual Regulation No. 12 Other considerations: M project Design CONCLUSION: Considering the above information, could the project have a significant impact on, or be impacted by, fire hazard factors? D Yes n. No 7 1.4 Noise SETTING/IMPACT: a. L=! u Is the project site located near a high noise source (airports, railroads, "freeways, industry) ? b. Q� Will the project substantially increase ambient noise levels, including those associated with special equipment (such as air conditioning units) or parking areas associated with the project? c. Is the proposed use considered sensitive (school, hospital, senior citizen facility)? d. Q M, Other factors? MITIGATION MEASURES: Standard mitigation measures are: �Building Ordinance No. 2225 -- Chapter 35 �' Noise Ordinance No. 11,778 Other considerations: E] Lot Size Project Design E] Compatible Use CONCLUSIONS: Considering the above information, could the project have a significant impact on, or be adversely impacted by, noise? Yes Q . No 8 2.0 Natural Resources 2_1 Water Quality SETTING/IMPACT: Y N a. Will the proposed project require the use of a private sewage disposal system? If the answer is yes, is the project site located in an area having known septic tank limitations due to high .groundwater or other geotechnical limitations? [� T7 Is the project proposing on-site systems located in close proximity to a drainage course? b. Q 07 Will the proposed project place industrial waste (corrosive or toxic materials) into a private sewage disposal system or a community system? C. II Q Is the project site located in an area having known water quality problems and proposing the use of individual water wells? d. Other factors? MITIGATION MEASURES: Standard mitigation measures are: Health Ordinance i No. 7583 --Chapter 5 Other considerations: D Lot Size CONCLUSIONS: ]Plumbing Code --Ordinance No. 2259 0 :Industrial Waste Permit M Lot Design Considering the above information, could the project have a significant impact on, or be impacted by, water quality problems? Yes a No 9 2.2 Air Quality SETTING/IMPACT: Y N a. [" Will the proposed project exceed the State's criteria for regional significance (generally (a) 500 dwelling units for residential uses or (b) 40 gross acres, 650,000 square feet of floor area, or 1,000 employees non-residential uses)? b. Is the proposal considered a sensitive use (schools, hospitals, parks) and locaated near a freeway or heavy industrial use? c. Will the project increase local emissions to a significant extent due to increased traffic congestion or use of a parking structure? d. ❑ Will the project generate or is the site in close proximity to sources which create obnoxious odors and/or hazardous emissions? e. Other factors: MITIGATION MEASURES: Standard mitigation measures are: Health and Safety Code, Section 40506 Other considerations: Project Design Q Air Quality Management Plan CONCLUSIONS: Considering the above information, could the project have a significant impact on, or be impacted by, air quality? Yes r_-1 No 10 2.3 Biota SETTING/IMPACTS a. Is the project site located within a Significant Ecological Area or Significal Ecological Area Buffer? b. p u Does the project site contain a major riparian habitat? c. D Does the project site contain oak or other unique native trees? d. Other factors? MITIGATION MEASURES: Other considerations: Lot Size ❑ Project Design Q Oak Tree Permit CONCLUSIONS: Considering the above information, could the project have a significant impact on biotic resources? Yes EJ-' No 11 3.0 Cultural Resources/Visual 3.1 Archaeological/Historical/Paleontological SETTING/IMPACTS Y N a. Is the project site in or near an area containing known archaeological resources or containing features (drainage course, spring, knoll, rock out- croppings, or oak trees) which indicate potential archaeological sensitivity? b. [ Does the project site contain rock formations indicating potential paleontological resources? c. [ E Dots the project site contain known historic structures or sites? d. [ [ Other factors? MITIGATION MEASURES: Other considerations: Lot Size [I Project Desiyn CONCLUSIONS: Consicering the above information, could the project have a significant impact on archaeological, historical, or paleontological resources? Yes 12 7 NO 3.2 Visual Qualities SETTING/IMPACTS: Y N a. 7 LIs the project site substantially visible from or will it obstruct views along a scenic highway (as shown on the Scenic Highway Element) or located within a scenic corridor? b. D Is the project substantially visible from or will it obstruct views from a regional riding or hiking trail? C. [ Is the project site located in an undeveloped or undis- turbed area which contains unique aesthetic features? d. Is the proposed use out -of -character in comparison to adjacent uses because of height, bulk, or other features? e. ❑ Will the project obstruct unique views from surrounding residential uses? f. rJ Q Will the project create substantial sun shadow or glare problems? g. a Q Other factors: MITIGATION MEASURES Other considerations: �f Lot Size L7 Lot Design Compatible Use CONCLUSION: Considering the above information, could the project have a significant impact on scenic qualities. Yes 0' No 13 4.0 Services 4.1 Traffic/Access SETTING/IMPACTS: Y N a. Does the project contain 25 dwelling units, or more and located in an area with known congestion problems (mid -block or intersections)? b. [ Will the project result in'any hazardous traffic conditions? c. Q E" Will the project result in parking problems with a subsequent impact on traffic? d. Q E]` During an emergency (other than fire hazards), will inadequate access result in problems for emergency vehicles or residents/employees in the area? e. Q' Q Other factors? MITIGATION MEASURES: Other considerations: Project Design CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to traffic/access? r[ Yes E] No 14 4.2 Sewage Disposal SETTING/IMPACTS: Y Nom. a. If served by a community sewage system, are there any known capacity problems at the treatment plant? b. r M` -Are there any known capacity problems in the sewer lines serving the project site? c• CD Other factors? MITIGATION MEASURES: Standard mitigation measures are: a Plumbing Cade --Ordinance No. 2269 r7 Sanitary Sewers and Industrial Waste Ordinance No. 6130 Other considerations: CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to sewage disposal facilities? Q YesNo is 4.3 Education SETTING/IMPACTS: Y N a. Q Are there known capacity problems at the district level? b. D Q Are there known capacity problems at individual schools which will serve the project site? II Q Are there any known student transportation problems? d. M Q Other factors? MITIGATION MEASURES: Other considerations: Q SB 201 Funds rl Site Dedication i. - CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to educational facilities/services? M Yes F' No 16 4.4 Fire/Sheriff Services SETTING/IMPAC:TS: Y N a. [ [ Are there any known staffing or response time problems at the fire station or sheriff's substation serving the project site? b. Are there any special fire or law enforcement problems associated with the project or the general area? C. Other factors? MITIGATION MEASURES: Other considerations: CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to fire/sheriff services? nYes 77-&--.aNo 4.5 utilities/Other Services SETTING/IMPACTS: Y N a. ❑ E, Is the project site in an area known to have an inadequate water supply to meet domestic needs? b. [� Q Is the project site in an area known to have an inadequate water supply and/or pressure to meet fire fighting needs? C. [7 M Are there any known problems with providing other utility services, such as electricity, gas, propane? d. Q [ Are there any known service problem areas? e. Other factors? MITIGATION MEASURES: Standard mitigation measures are: [� Plumbing Code (Ordinance No. 2269) Water Ordinance No. 7834 Other considerations: Q Lot Size El Project Design CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to utilities/services? Yes No 18 5.0 Other Factors 5.1 General Factors SETTING/IMPACTS: Y N a. U F/I Will the project result in an inefficient use of energy resources? b. Will the project result in a major change in the pattern, scale, or character of the general area or community? c. Will the project result in a significant increase in light and/or glare? d. Will the project result in a significant reduction in the amount of agricultural land? eOther factors? MITIGATION MEASURES: Standard mitigation measures are: n State Administrative Code, Title 24, Part 5, T-20 (Energy Conservation) Other considerations: Lot Size ❑� Project Design n Compatible Use CONCLUSION: Considering the above information, could the project have a significant impact on the physical environment due to E] Yes - 3 NO 19 5.2 Environmental Safety - SETTING/IMPACTS: Y N a. Q Are any hazardous materials used, produced, or stored on-site? b. Are any hazardous wastes stored on-site? C. Are any pressurized tanks to be used on-site? d. Q [ Are any residential units, schools, or hospitals located within 500 feet? e. Q Other factors? MITIGATION MEASURES: CONCLUSION: Considering the above information, could the project have a significant impact on public safety? YesP' No 20 �X�►QI RESOLUTION NO. PC 90-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THE DENIAL ZONE CHANGE AND CONDITIONAL USE PERMIT NO. 88- 555, AN APPLICATION TO ALLOW A PARCEL TO UPZONE FROM A-1-15,000 TO C -•3 -DP -BE AND TO DEVELOP A 100 MOTEL WITH ASSEMBLY ROOM PROJECT ON APPROXIMATELY 2.32 ACRES OF LAND LOCATED AT 1037 1/2 BANNING WAY, IN THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Chen-hwa Wang on behalf of Abel Hou, 12225 Fourth St., suite #210, Artesia, California, has hereto filed an application for issuance of an approval for a Zone Change and Conditional Use Permit No. 88-555, located at 1 037 1/2 Banning Way, Diamond Bar, California, as described in the title of this resolution. Hereinafter in this Resolution, the subject Zone Change and Conditional Use Permit application 1s referred to as the "Application." (ii) On April 11, 1989 the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, the City Counc i I of the City of Diamond Bar adopted it Ordinance No. 1, thereby adopting the Los Angeles Couinty Code as the ordinances of the City of D 1 amond Bar. T i t l e 21 and 22 of the Los Angeles County Code contains the development code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) Because on its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) The Planning Commission of the City of Diamond Bar, on February 26, 1990, conducted a duly noticed public hearing on said application and concluded said public 1 hearing on June 11, 1990. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that a I I of the facts set forth i n the Rec i to I s, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above. -referenced hearings, and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Project applies to property presently zoned A-1-15,000 located at 1037 1/2 Banning Way, in the City of Diamond Bar, California, and consists of approximately 2.32 acres of land; (b) The property to the north of the subject site is zoned A-1-15,000 and is developed with Green Tree Nursery. To the west, the property is zoned C -2 -DP -BE, neighborhood commercial with a development program and billboard exclusion. Currently the property is developed with a commercial center. To the east, an office building occupies a site zoned C -3 -DP -BE. To the south, the property is zoned R-1-10,000 and developed with single famiily residences. (c) The property is depicted within the community plan as Nonurban. (d) The Application contemplates a zone change to allow the construction of a 100 room motel and assembly facility. (e) The development as contemplated 1n the Application will contradict the goals and objectives of the proposed general plan, will not be compatible with the uses in the immediate vicinity of the subject site, and will promote a detrimental condition to persons or property in the immediate vicinity of the subject site. More specifically, the Application will not be appropriate to the proposed location for the reasons as follows - 2 ( i ) The requested zone change is not compatible with existing zoning of the area. Currently, unlimited commercial, neighborhood commercial, agricultural, and single family residential uses are existing in the area surrounding the subject site. (ii) The zone change contemplated in the Application would create an opportunity for development of the site in excess of land use intensities as outlined in the community plan objectives. (iii) The Conditional Use Permit and subsequent development of the site would represent an increase in potentially high intensity Iand uses in an area of single family residential development, agricultural, and unlimited and restrictive commercial zoning. 3. Based upon the substantial evidence and conclusions set forth herein above, presented to the Commission on February 26, 1990 and June 11, 1990 public hearings as set forth above, this Commission, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds and concludes follows: (a) There is a reasonable probability that the land use will be inconsistent with the proposed general pian; (b) There is substantial probability that the Project will be of substantial detriment to, or interfere with, the future adopted general plan for the area of the subiject site; and (c) The use proposed in the application will not comply with all other applicable requirements of State law and local ordinances. 4. Based upon the substantial evidence presented to the Commission during the above -referenced February 26, 1990 and June 11, 1990 public hearings, and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Commission hereby finds and concludes as follows: a. The site for the proposed Zone Change and Conditional Use Permit is not located in an area adequate to possess the land use requested. b. The site is located in an area that can not possess unlimited commercial development and 3 remain compatible to surrounding uses without negatively impacting these property owners; C. The proposed use will have a substantial adverse effect on abutting property, or the permitted uses thereof, resulting in the generation of excessive traffic and other disturbances; and d. The proposed use is not consistent with the goals, policies, standards, and maps of the Development Code or the proposed General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4, above, this Commission hereby recommends denial of the Application. 6. The Planning Commission hereby provides notice to Chen - Hwa Wang that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the California Code of Civil Procedure Section 1094.6 7. The Planning Commission Secretary is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Abel Hou at the address listed in the records of the city. ADOPTED AND APPROVED this 25 day of June, 1990. i, DENNIS A. TARANGO, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Counc i i of the City of Diamond Bar held on the day of , 1990, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: Secretary to the City of Diamond Bar Planning Commission 4 APPENDIX "A" TRAFFIC VOLUME DATA PEAK HOUR TRAFFIC TURNING COUNT DATE: 1-13-89 TIME: 4:30 Pm - 5:30 Pm NORTH -SOUTH LEG: LEMON EAST -WEST LEGS: COLIMA NORTH LEMON TOTAL 240 25 363 lst ( 38 4 ; 57 2nd ; 69 9 ; 85 ; 3rd 73 4 ; 111 4th ; 60 8 110 ; ; 14 ; 8 ; 33 ; v v v COLIMA Total 1st 2nd 3rd , 4th ---- ---- 254 ; 57 71 ; 61 ; 65 787 ;182 ;193 ;198 ;214 ;---> 37 ; 7 8 ; 13 ; 9 ; ; 14 ; 8 ; 33 ; v v 23 COLIMA 3 2 6 1st 2nd 3rd 4th Total 24 ; 29 4 2 ; 6 ; 34 ; 38 ; 125 ; <---; 85 ;111 ; 94 ;180 470 ; 8 3 ; 14 ; 8 ; 33 ; v 1st i 3 2 6 o 2nd 11 6 7 ; 3rd 4 2 ; 6 4th 8 ; 5 11 Total , 26 15 30 ; NORTH ; PEAK HOUR TRAFFIC TURNING COUNT DATE: 1-17-89 TIME: 4:30 Pm - 5:30 Pm NORTH -SOUTH LEG: Brea Canyon Road EAST -WEST LEGS: Pomona Fwry WB Off -Ramp Brea Canyon Road TOTAL ; 224 ; 871 ; 1st ; 54 ; 197 ; 2nd ; 56 215 ; 3rd 63 238 4th ; 51 ; 221 ; 51 ; 232 3rd 53 v Brea Canyaon Road 28 Pomona Frwv WB Off -Ramp lst 2nd 3rd 4th Total 85 97 ;108 ;106 396 ; 52 ; 56 64 ; 61 233 v 1st 44 229 ; 2nd 51 ; 232 3rd 53 ; 238 ; 4th ; 46 ; 227 Total ; 194 926 Brea Canyaon Road 28 Pomona Frwv WB Off -Ramp lst 2nd 3rd 4th Total 85 97 ;108 ;106 396 ; 52 ; 56 64 ; 61 233 v BREA CANYON ROAD PEAK HOUR TRAFFIC TURNING COUNT 24 DATE: 1-18-89 TIME: 4:30 Pm - 5:30 Pm NORTH -SOUTH LEG: BREA CANYON ROAD EAST -WEST LEGS: COLIMA NORTH BREA CANYON ROAD TOTAL 423 ; 382 ; 262 ; 1st ; 90 ; 73 ; 69 ; 2nd 92 85 64 ; 3rd ; 149 ; 109 ; 85 ; 4th 92 ; 115 ; 44 ; COLIMA 1st 2nd 3rd 4th Total v COLIMA ; 58 46 48 ; 30 182 <---; 74 64 ; 81 ; 74 ; 293 ; Total 1st 2nd 3rd 4th---- ---- 9 36 30 ; 26 101 ; 443 ; 88 ; 95 ;130 ;130 ;1288 ;256 ;370 1373 ;289 ---> v 62 26 ; 15 ; 11 10 v 1st ; 52 ; 131 ; 134 ; 2nd 53 ; 122 ; 148 ; 3rd ; 60 ; 145 ; 175 ; 4th ; 59 ; 134 ; 129 ; Total ; 224 ; 532 , 586 ; BREA CANYON ROAD PEAK HOUR TRAFFIC TURNING COUNT DATE: 1-19-89 TIME: 4:30 Pm 5:30 Pm NORTH -SOUTH LEG: 60 FWY EB RAMPS EAST -WEST LEGS: COLIMA NORTH TOTAL, ; 42 13 ; 894 ; 1st ; 10 ; 6 259 ; 2nd ; 15 ; 1 ; 175i ; 3rd 7 1 199E ; , 4th 10 ; 5 26i' ; 47 : 9 : 24 , 6 : ; 4 v 32 : COLIMA v 21 COLIMA 1st 2nd Total 1st 2nd 3rd 4th ----;---- 157 49 : 27 35 : 46 ; : 871 : ;228 :145 220 11278 ;---> 47 : 9 : 24 : 8 6 : ; 4 : 2 32 : v 21 COLIMA 1st 2nd 3rd 4th Total 96 65 —, 4 : 2nd ; 0 ;107 :111 ; 379 <---:131 :120 :144 :186 : 581 ; : 4 : 3 5 : 10 22 v Total ; 4 : 2 SHOPPING CENTER 1st 0 0 4 : 2nd ; 0 0 6 ; 3rd. 0 ; 0 6 ; 4th : 4 ; 2 16 ; Total ; 4 : 2 32 : SHOPPING CENTER NORTH PEAK HOUR TRAFFIC TURNING COUNT DATE: 1-20-89 TIME: 4:30 Pm - 5:30 Pm NORTH -SOUTH LEG: Fairway Drive Off -Ramp EAST -WEST LEGS: Pomona Fwry 4 26 Pomona Frwy wB Off -Ramp 1st 2nd 3rd 4th Total ; 51 60 58 ; 57 ; 226 ' ; 60 ; 62 66 ; 54 ; 242 v Fairway Drive TOTAL 297 492 ; 1st ; 65 ; 122 ; 2nd ; 72 ; 128 ; 3rd ; 83 ; 124 ; 4th 77 118 661 V 26 Pomona Frwy wB Off -Ramp 1st 2nd 3rd 4th Total ; 51 60 58 ; 57 ; 226 ' ; 60 ; 62 66 ; 54 ; 242 v Fairway Drive 1st 43 160 2nd 49 164 3rd 53 ; 169 4th ; 48 ; 168 i Total 193 661 Fairway Drive 0 PEAK HOUR TRAFFIC T.URNIN(3 COUNT 25 DATE: 1-23-89 TIME: 4:30 J?A1 - 5:30 PM NORTH -SOUTH LEG: FAIRVQY DR/BREA CANYON CO EAST -WEST LEGS: COLDIA NORTH 1st 2nd 3rd FAIRWAY DR 171 TOTAL 196 ; 381 ; 154 ; 1st ; 40 102 33 e ; a 2nd 41 85 40 3rd 61 84 39 4th 54 110 42 v i v COLIMA Total 1st 2nd 3rd 4th -- i ---- 171 48 ; 40 41 42 966 ;182 ;266 ;298 ;220 ;---> 252 52 84 ; 48 68 ; v v i COLI.MA 1st 2nd 3rd 4th Total 17 9 ; 9 9 44 <---;108 99 93 i 89 389 32 33 ; 21 19 ; 105 v 1st 33 ; 97 ; 28 ; 2nd ; 39 81 28 ; 3rd 48 78 25 ; 4th 52 ; 71 ; 34 ; Total ; 172 ; 327 115 ; BSREA CANYON CUT-OFF PEAK HOUR TRAFFIC TURNING COUNT 27 DATE: i-20-89 TIME: 4:30 Pm - 5:30 Pm NORTH -SOUTH LEG: Fairway Drive EAST. -WEST LEGS: Pomona Fwry E8 Off -Ramp NORTH v I - Fairway Drive , TOTAL ; 58 ; 253 ; 458 ; 160 1st ; 55 ; 105 ; ; 1 169 2nd ; 61 ; 112 ; ; ; 152 3rd 79 ; 125 ; ; 634 4th 58 ; 116 Fairway Drive ; V pcmona Fwry E$ Off -Ramp Total 1st 2nd 3rd 4th _ ---' -"- 280 ; 60 ; 63 ; 81 76 ; 315 73 77 ; 86 , ; 79 v I - 1st 153 ; 58 ; 2nd 160 ; 60 ; 3rd ; 1 169 ; 66 ; 4th ; ; 152 ; 61 ; Total ; ; 634 ; 245 ; Fairway Drive EXHIBITS ICU CALCULATIONS EXHIBIT 1 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND POMONA FWRY EB RAMPS VOLUME -TO -CAPACITY TRAFFIC LANE CAPACITY ; TRAFFIC VOLUMES RATIO ' Project. � Project No. Total Lane Plus Existing Project Existing Existing Plus Existing Movement:Lanes of Capacity Traffic Traffic Traffic Traffic Traffic NR 1 1,600 32 32 0.02 0.02 ; ;STSL+SR '; 2 3,200 949 16 965 0.30* 0.30* ET r ER 2 3,200 918 - 918 0.29 0.29 i EL 1,600 157 12 169 0.10* 0.11* ; WT 2 3,200 � 960 12 972 0.30* , 0.31* WL 1 1,600 22 - 22 , 0.01 0.01 Intersection ICU 0.70 0.72 Level of Service B C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 2 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLINIA AND BREA CANYON ROAD Intersection. ICU Level of Service * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ; ;VOLUME -TO -CAPACITY ; CAPACITY ; TRAFFIC VOLUMES ; RATIO ; Project ; Project No. Total Plus Plus ; of Lane ;Existing Project Existing; Existing Existing ; Movement;Lanes ; Capacity ; Traffic Traffic Traffic Traffic Traffic ; NT 2 ; 31200 ; 532 - 532 ; 0.17* 0.17* NL ; 1 1,600 224 - 22:4 ; 0.14 0.14 NR 1 1,600 ; 586 - 586 ; 0.37 0.37 ST 2 3,200 ; 382 - 382 ; 0.12 0.12 SL 1 a 11600 262 - 262 ; 0.16* 0.16* SR 1 11600 ; 423 , 12 435 0.27 0.27 ET ; 2 3,200 1350 - 1350 0.42* 0.42* EL ; 2 3,200 433 - 443 ; 0.14 0.14 ; Wr 2 3,200 ; 293E - 293 ; 0.09 0.09 ' WL , ; 1 1,600 ; 101 - 101 0.06* 0.06* ; , iVRR ; 1 1,600 182 - 182 0.11 0.11 ; Intersection. ICU Level of Service * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 3 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR BREA CANYON AND POMONA FRWY WB RAMPS -TO -CAPACITY ;VOLUME TRAFFIC LANE CAPACITY TRAFFIC VOLUMES RATIO Project ; Project No. Total of Lane ; Existing Plus ; Project Existing Existing. Plus Existing Movement;Lanes Capacity Traffic Traffic Traffic Traffic Traffic NIT ; 2 3,200 926 - 926 0.29 0.29 NL ; 1 1,60fl 194 - 194 ; 0.12* 0.12* ST+SR 2 3,200 1095 - 1095 0.34* 0.34* WL-rVE 2 3,200 ; , 629 12 641 ; 0.20* 0.20* Intersection ICU 0.66 0.66 Level of Service B B * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 4 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZA'.CION (ICU) FOR COLIMA AND LEMON Intersection ICU 0.60 0.61 Level of Service A B * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ;VOLUME -TO -CAPACITY CAPACITY TRAFFIC VOLL1+'IES RATIO Project Project No. Total Plus Plus of Lane Existing Project Existing; Existing Existing MovementlLanes Capacity Traffic Traffic Traffic Traffic Traffic NT+NR 1 1,600 45 - 45 0.03* 0.03* NL 1 1,600 26 - 26 0.02 0.02 ST 1 1,600 25 - 25 0.02 0.02 SL 1 1,600 363 - 363 0.23* 0.23* ; SR 1 1,600 240 - 240 0.15 0.15 ET -ER 2 3,200 824 3 827 0.26 0.26 EL 1 1,600 254 - , 254 0.16* 0.16* WT -WR 2 3,200 595 19 61.4 0.18* 0.19-X ; WL 1 1,600 33 - 33 0.02 0.02 Intersection ICU 0.60 0.61 Level of Service A B * Denotes critical volume to capacity ratio utilized to determine intersection ICU. ri EXHIBIT 5 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND COLIMA VOLUME -TO -OPACITY TRAFFIC LANE CAPACITY TRAFFIC VOLUMES RATIO Project Project No. of Total Lane {Existing Plus , Project Existing! Existing Plus Existing Movenent;Lanes Capacity Traffic Traffic Traffic Traffic Traffic NT+NR 2 3,200 442 - 442 0.14 0.14 NL 1 1,600 172 - 172 0.31* 0.11* ST+SR 2 3,.200 577 - 577 0.18* 0.18* SL 1 1,600 154 3 157 0.10 0.10 ET -f-�R i 2 3,200 1218 - 1218 0.38* 0.38* , EL 1 1,600 171 - 171 0.11 0.11 wr -J-6A 2 3,200 433 19 452 0.13 0.14 WL 1 1,600 1 105 - 105 0.07*. 0.07* Intersection ICU 0.74 0.74 Level of Service C C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 6 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FMY EB RAMPS TRAFFIC LANE ;VOLUME -TO -CAPACITY CAPACITY ; TRAFFIC VOLUMES RATIO ; I I I Project Project No. Total Plus ; Plus of Lane Existing Project Existing ; Existing Existing ; Movement ; Lanes Capacity 1 Traffic Traffic Traffic I I Traffic Traffic ; 1 NT .NR I 2 3,200 I 879 19 898 ; I 1 0.28* I 0.28* ST+,siL I 2 3,200 I 1 711 - 711. i i 0.22 I 0.22 ; 1 EL+ER ; 2 3,200 ; 595 - 595 ; 1 0.19* 0.19* ; 1 I Intersection ICU 0.47 0.47 Level of Service A A * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 7 P.M. PEAK TRAFFIC HOUR (hURST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FRWY WB RAMPS ' TRAFFIC LANE i ; VOLiJMt:=1tJ-l_ Hl l l Z CAPACITY ; TRAFFIC VOLUMES RATIO Project Project No. Total Plus ; Plus of Lane Existing Project Existing Existing Existing Movement: Lanes Capacity Traffic Traffic Traffic Traffic Traffic NT 2 3,200 ; 661 - 661 0.21 0.21 ; N1, 1 1,600 193 19 212 0.12* 0.13* SL+SR 2 3,200 789 - 789 0.25* 0.25* ' WL+WR 2 3,200 ; 468 3 471 ; 0.15* 0.15* Intersection ICU 0.52 0.53 Level of Service A A * Denotes critical volume to capacity ratio utilized to determine intersection ICU. . EXHIBIT 8 P.M. PEAK TRAFFIC HOUR (TCRST CONDITION) INTERSECTION CAPACITY UTILIZA.TION (ICU) FOR COLIMA AND POMONA FWRY EBS RAMPS TRAFFIC LANE :VOLUME -TO -CAPACITY 1 CAPACITY I ; TRAFFIC VOLUMES ' 1 RATIO ; 1 i Project . , Project ; No. Total Plus Plus ; of Lane Existing Project Existing ; Existing Existing Movement;Lanes Capacity Traffic Traffic Traffic , Traffic Traffic ; 1 NIR 1 1,600 1 33 - 33 0.02 0.02* ; .ST+SL-SR 2 3,200 968 16 984 ; I I 0.30 0.31* ; ET + ER 2 3,200 936 - 936 1 0.29 0.29 ; 1 EL l 1,600 160 12 172 ; I i 0.10* 0.11 1 Wt 1 Z i 3,200 I 4 980 12 992 ; I 4 0.31* 1 0.31* ; WL 1 ;. 1 I 1,600 1 , 23 - 2'3 ; I 1 0.01 0:01 ; 1 Yellow Clearance 0.10* 0.10* Intersection ICU 0.80 0.82 Level of Service C D * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 9 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) COLIMA AND BREA CANYON ROAD Yellow Clearance 0.10* 0.10* Intersection ICU 0.91 0.91 Level of Service E E * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE I ;VOLUME -TO -CAPACITY CAPACITY ; TRAFFIC VOLUMES ; RATIO Project ; Project ; No. Total ; Plus ; plus ; of Lane ;Existing Project Existing; Existing Existing Movement Lanes Capacity Traffic Traffic Traffic Traffic Traffic ; ; NT 2 3,200 543 - 543 0.17* ; 0.17* �Z 1 1,600 229 - 229 0.14 0.14 NR 1 1,600 ; 598 - 598 ; 0.37 0.38* ST 2 3,200 ; 390 - 390 ;" 0.12 0.12 SL 1 1,600 267 - 267 0.17* 0.17* SR 1 1,600 432 12 444 ; 0.27 0.28 ET ; 2 3,200 1377 - 1377 ; .0.43 0.43 EL ; 2 3,200 442 - 442 0.14 0.14 ; WT 2 3,200 ; 299 ' - 299 ; 0.10 0.10 ; WL ; 1 1,600 ; 103 - 103 ; 0.07* 0.07* ; WR ; 1 1,600 186 - 186 ; 0.12 0.12 ; ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.91 0.91 Level of Service E E * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 10 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR BREA CANYON AND POMONA FRWY WB RAMPS TRAFFIC LANE VOLUME -TO -CAPACITY CAPACITY TRAFFIC VOLUMES RATIO o Project Project No. Total Plus Plus ; of Lane Existing Project Existing Existing Existing Mover,ent Lanes Capacity Traffic Traffic Traffic Traffic Traffic NT 2 3,200 945 ; - 945 0.30 , 0.30 NZ 1 1,600 198 - 198 0.12* 0.12* ST -SR 2 3,200 11i7 - 111.7 0.35* 0.35* GVL+4vR 2 3,200 642 12 654 0.20* 0.21* Yellow Clearance 0.10* 0.10* Intersection ICU 0.76 0.76 Level of Service C C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 11 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION OPACITY UTILIZATION (ICU) FOR COLIMA AND LEMON TRAFFIC LANE ; VOLUME-TO-CA-PAc-LTY CAPACITY TRAFFIC VOLUMES RATIO Project Project No. Total Plus Plus of Lane ;Existing Project Existing Existing Existing ; Movement;Lanes Capacity Traffic Traffic Traffic Traffic Traffic ; N -,N 1 1,600 46 - 46 , 0.03* 0.03* NIL 1 1,600 27 - 27 0.02 0.02 ST 1 1,600 26 - 26 0.02 0.02 SL 1 1,600 370 , - 370 ;' 0.23* 0.23* SR 1 1,600 245 - 245 0.15 0.15 ET+LR 2 3,200 841 3 844 0,26 0.26 EL 1 1,600 259 - 259 0.16 0.16* WT+Wg 2 3,200 607 19 626 0.19* 0.20 WL 1 1,600 34 - 34 0.02 0.02 Yellow Clearance 0.10* 0.10* Intersection ICU 0.70 0.71 Level of Service B C * Denotes critical volune to capacity ratio utilized to determine intersection ICU. , i EXHIBIT 12 P.M. PEAK TRAFFIC HOUR (%QRST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND COLIMA TRAFFIC LANE ; ;VOLUME -TO -CAPACITY CAPACITY ; TRAFFIC VOLUMES ; RATIO ; Project ; Project ; No. Total ; Plus Plus ; of Lane ;Existing Project Existing; Existing Existing ; Movement;Lanes I Capacity Traffic 1 Traffic Traffic ; , Traffic Traffic ; N'r+NR 2 3,200 451 I - , - 451 ; , 0.14 I 0.14 ; I NL 1 1,600 ; 176 - 176 ; 0.11* 0.11* ; ST+SR ; 2 3,200 589 - 589 0.19* 0.19* ; SL ; 1 1,600 ; 157 - 160 0.10 0.10 ; i ET ffR 2 3,200 1243 1 - 1243 ; 0.39* 1 0.39* ; EL 1 1,600 ; 175 - 175 0.11 0.11 ; WF-f-iVg I 2 3,200 ; 442 1 19 461 I 0.13 0.15 ; I WL ; 1 1,600 107 - 107 0.07* 0.07* ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.84 0.84 Level of Service D D * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 13 P.M. PEAK TRAFFIC HOUR (6CRST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FWRY EB RAMPS TRAFFIC LANE ; ;VOLUME -To -CAPACITY ; CAPACITY TRAFFIC VOLUMES ; RATIO ; ; Project Project ; No. Total ; Plus ; Plus ; of Lane ; Existing Project Existing Existing Existing Ml vement;Lanes Capacity ; Traffic Traffic Traffic Traffic Traffic ; �'T+NTR 2 3,200 ; 897 19 916 ; 0.28* 0.29* ; sT+SL 2 3,200 726 - 726 0.23 0.23 ; EL+Eg 2 3,..200 ; ; 607 - 607 0.19* 0.19* ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.57 0.57 Level of Service A A * Denotes critical volume to capacity ratio utilized to determine intersection ICU. I EXHIBIT 14 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FRWY WB RAMPS TRAFFIC LANE ;VOLUME -TO -CAPACITY ; CAPACITY ; TRAFFIC VOLUMES ; RATIO Project Project No. Total Plus ; Plus of Lane Existing Project Existing Existing Existing ; Movement ; Lanes Capacity ; Traffic Traffic Traffic ; Traffic Traffic IN 2 3,200 675 - 675 0.21 0.21 NL ; 1 1,600 197 19 216 ; 0.13* 0.14* SL+SR ; ; 2 3,200 805 - 805 0.25* 0.25* WL+WR 2 3,200 478 3 481 0.15* 0.15* Yellow Clearance 0.10* 0.10* Intersection ICU 0.62 0.63 Level of Service B B * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 15 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLI.MA AND POMONA FWRY EB RAMPS TRAFFIC LANE ; ;VOLUME -TO -CAPACITY CAPACITY TRAFFIC VOLUMES ; RATIO Project Project ; No. Total Plus ; Plus of Lane ; Existing Project Existing Existing Existing Movement,Lanes Capacity Traffic Traffic Traffic Traffic Traffic ; Plus 2% Plus 2% Plus 2% Plus 2% Growth Growth Growth Growth ; NR 1 1,600 33 - 33 ; 0.02 0.02 ; ;ST+SL+SR 2 3,200 968 16 984 0.300 0.31* ET + ER 2 3,200 ; 936 - 936 0.29 0.29 ; EL 1,600 ; 160 12 172 0.10* 0.11-9 ; WT 'Z. 3,200 ; 980 12 992 ; 0.31* 0.31* ; WL ; 1 1,600 ; 23 - 23 0.01 0.01 ; { Yellow Clearance 0.10* 0.10* Intersection ICU 0.81 0.83 Level of Service D D * Denotes critical volume to capacity ratio utilized to determine intersection ICU, EXHIBIT 16 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) 0 COLIMA AND BREA CANYON ROAD Yellow Clearance 0.10* 0.10* Intersection ICU 0.94 0.94 Level of Service E E * Denotes critical volume to capacity ratio utili2ed to determine intersection ICU. TRAFFIC LANE ; ;VOLUME -TO -CAPACITY ; I CAPACITY 1 ; TRAFFIC VOLUMES { 1 RATIO I Project ; Project No. Total ; Plus Plus of Lane Existing Project Existing; Existing Existing Movement:Lanes Capacity Traffic Traffic Traffic ; Traffic Traffic ; Plus 2% Plus 2 % Plus 2% Plus 2% 1 Growth I Growth ! , Growth Growth ; , NIT 2 I 3,200 543 - ! 543 1 0.17* 0.17* NL 1 1,600 229 - 229 ; 0.14 0.14 NR 1 I 1,600 598 - 598 ! 0.37 0.38 I ST I I 2 I 3,200 390 - t ! 390 ! 0.12 I 0.12 ; I SL 1 1 I 1,600 1 267 - 267 ; , 0.17* I 0.17* , SR I 1 I 1,600 432 12 444 1 0.27 0.28 ; I ET 2 3,200 ; 1377 i - 1377 0.4371' 0.434 ; EL ; 2 3,200 442 - 442 0.14 0.14 ; WT ; .2 3,200 299 - 299 0.10 0.10 ; WL ; 1 1,600 103 - 103 ; 0.07* 0.07* ; 1 I 1 1,600 ; 186 - I 1861 0.12 1 0.12 ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.94 0.94 Level of Service E E * Denotes critical volume to capacity ratio utili2ed to determine intersection ICU. EXHIBIT 17 P.M. PEAK TRAFFIC HOUR 6CRST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR BREA CANYON AND POMONA FRWY WB RAMPS VOLUME -TO -CAPACITY TRAFFIC LANE CAPACITY ; TRAFFIC VOLUMES RATIO Project Project ; No. Total Plus of Lane Existing Project Existing Existing Plus Existing Movement:Lanes Capacity Traffic Traffic TTraffi% Traffic 2% Plus 2% Plus Plaffic Plus Growth Growth Growth Growth ; NT ; 2 3,200 945 - 945 0.30 0.30 NL 1 1,600 198 - 198 0.12* 0.12* ST+SR 2 3,200 1117 - 1117 0.35* 0.35* WL+TAR 2 3,200 ; 642 12 654 0.20* 0.21* ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.77 0.78 Level of Service C C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 18 P.M. PEAK,TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) COLIMA AND LEMON Yellow Clearance 0.10* 0.10* Intersection ICU 0.71 0.72 Level of Service C C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ;VOLUME -TO -OPACITY CZIPACITY TRAFFIC VOLUMES RATIO i Project Project No. Total Plus Plus of Lane Existing Project Existing; Existing Existing Movement Lanes Capacity Traffic Traffic Traffic Traffic Traffic Plus 2% Plus 2% Plus 2% Plus 2% � Growth I I Growth � Growth Growth I NT -NR 1 1,600 I 46 - 46 0.03* I 0.03* NL 1 I 1,600 27 - 27 , 0.02 0.02 ST 1 1,600 26 - 1 26 , 0.02 0.02 SL 1 1,600 370 - 370 0.23* 0.23* SR 1 1 1,600 245 - , 245 , 0.15 0.15 ET+ER 2 3,200 1 841 3 I 844 1 0.26 0.26 EL 1 1,600 259 - 259 0.16:* 0.16* Wr+WR 2 3,200 607 19 626 0.19* 0.204; WL 1 1,600 34 - 34 0.02 0.02 ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.71 0.72 Level of Service C C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 19 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND COLIMA Yellow Clearance 0.10* 0.10* Intersection ICU 0.86 0.86 Level of Service D D * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ; :VOLUME -TO -CAPACITY V - CA.PACITY CAPACITY ; TRAFFIC VOLUMES ; RATIO ; ; Project ; Project No. Total ; Plus ; Plus ; of Lane ;Existing Project Existing: Existing Existing Movement;Lanes Capacity ; Traffic Traffic Traffic ; Traffic Traffic ; Plus 2% Plus 2% ; Plus 2% Plus 2% ; Growth Growth ; Growth Growth ; N,I+NR 2 3,200 ; 451 - 451 ; 0.14 0.14 NL ; 1 1,600 176 - 176 ; 0.11* 0.11* ; ST+SR ' 2 3,200 589 - 589 0.19* 0.19* ; SL 1 1,600 157 160 ; 0.10 0.10 ; ; ETf -M 2 3,200 ; 1243 - 1243 0.39* 0.39* ; ; EL ; 1 1,600 ; 175 - 175 0.11 0.11 ; WI'-t-Wr, 2 3,200 ; 442 ! 19 461 ; 0.1+ 0.15 ; WL ; 1 1,600 107 - 107 ; 0.07* 0.07* ; Yellow Clearance 0.10* 0.10* Intersection ICU 0.86 0.86 Level of Service D D * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 20 P.M. PEAK TRAFFIC HOUR (WCRST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) IWO FAIRWAY AND PCMONA FWRY EB RAMPS TRAFFIC LANE ; ;VOLUME -TO -CAPACITY CAPACITY ; I I I TRAFFIC VOLUMES ; RATIO I I I I Project Project ; No. Total ; Plus Plus of Lane ; Existing Project Existing Existing Existing Movement Lanes Capacity Traffic Traffic Traffic Traffic Traffic Plus 2% Plus 2% ; Plus 2% Plus 2% I II 11 I Growth Growth ; '1 Growth Growth 1 I Nr+NR 2 I I I 3,200 I 897 Y 19 916 ; 0.28* 0.29* ST -,SL 2 I 3,200 I 726 - 726 1 0.23 0.23 EL+ER 2 I 3,200 I 607 - 607 0.19* 0.19* Yellow Clearance 0.10* 0.10* Intersection ICU 0.57 0.58 Level of Service A A * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 21 P.M. PEAK TRAFFIC HOUR HORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FRWY WB RAMPS TRAFFIC LANE ; ;VOLUME -TO -CAPACITY ; CAPACITY ; TRAFFIC VOLUMES ; RATIO Project Project ; ; No. Total ; Plus Plus ; :.Of Lane ; Existing Project Existing ; Existing Existing Moverient;Lanes Capacity Traffic Traffic Traffic- Traffic Traffic ; Plus 20 Plus 20 Plus 2% Plus 2% ; ; Growth Growth Growth Growth ; NT 2 3,200 ; 675 - 675 ; 0.21 0.21 ; NL 1 1,600 197 19 216 0.13* 0.14* SL+SR 2 3,200 805 - 805 0.25* 0.25* WL+WR 1 2 3,200 478 3 481 ; 0.15* 0.15* Yellow Clearance 0.10* 0.10* Intersection ICU 0.63 0.64 Level of Service B B * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 22 P.M: PEAK TRAFFIC HOUR (%QRST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND POMONA MY EB RAMPS (PROJECT PLUS OTHER RELEVANT PROJECTS) TRAFFIC LANE ; ;VOLUME -TO -CAPACITY ; CAPACITY ; 1 TRAFFIC VOLUMES ; , RATIO i 1 Existing , ; ; No. Total ; Plus ; Total ; Of Lane ; Project Other Total ; Cumulative Moveirent ; Lanes Capacity Traffic Relevant Cumula- ; Traffic Plus 2% Project Tive I 1 I Growth Traffic Traffic ! f 1 1 NR 1 1 1,600 ; 33 ' - 33 ; 1 0.02 ; :ST -SL -SR 2 3,200 ; 984 12 996 0.31* ET + ER 2 3,200 ; 936 - 936 ; 0.29 ; EL ; 1 1,600 172 372 544 ; I 0.34* ; Wr + WR 2 I 3,200 992 68 1060 ; I 0.33* ; WL ; 1 1,600 ; 1 23 - 23 ; 0.02 ; Yellow Clearance 0.10* Intersection ICU 1.08 Level of Service F * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 23 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND BREA CANYON ROAD (PROJECT PLUS OTHER RELEVANT PROJECTS) ;VOLUME -TO -CAPACITY TRAFFIC LANE CAPACITY TRAFFIC VOLUMES ; RATIO Existing No. Tota -1 Plus ; Total of Lane Project Other Total Cumulative Movement Lanes Capacity Traffic Relevant Ctmiula- ; Traffic ; Plus 2% Project Tive ; Growth , Traffic Traffic ; NT 2 3,200 ; 543 8 551 ; 0.17* NL 1 1,600 229 8 237 ; 0.15 NR ; 1 1,600 598 - 598 0.37 ST 2 3,200 ; 390 15 405 0.13 SL 1 1,600 ; 267 - 267 0.17* ; SR 1 1,600 444 151 595 i 0.37 ; ET 2 3,200 1377 /S 1392 ; 0.44* EL ; 2 3,200 442 471 ; 0.15 ' WP 2 3,200 ; 299 299 ; 0.09 ' WL ; 1 1,600 ; 103 - 103 ; 0.06* W 1 1,600 ; 186 - 186 ; 0.12R ' Yellow Clearance 0.10* Intersection ICU 0.94 Level of Service E * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 24 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (IC:U) FOR BREA CANYON AND POMONA FRWY WB RAMPS (PROJECT PLUS OTHER RELEVANT PROJECTS) TRAFFIC LANE ;VOLUME -TO -CAPACITY ; CAPACITY TRAFFIC VOLUMES ; RATIO ' ; Existing No. Total Plus ; Total of Lane Project Other Total CLzmlative Movement Lanes Capacity Traffic Relevant C=ula- ; Traffic Plus 2% Project Tive Growth Traffic Traffic %7T 2 3,900 945 8 953 ; 0.30 NI, 1 1,600 198 - 198 ; 0.12* ST+SR 2 3,200 1117 68 1185 ; 0.37* c�L-WR 2 3,200 654 204 858 0.27* Yellow Clearance 0.10* Intersection ICU 0.86 e Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 25 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND LEMON (PROJECT PLUS OTHER RELEVANT PROJECTS) VOLUME-TO-OPACITY TRAFFIC LANE ; CAPACITY TRAFFIC VOLUMES RATIO Existing No. Total Plus Total of Lane Project Other Total Cumulative Movement Lanes Capacity Traffic Relevant CUMUla- Traffic Plus 2% Project Tive Growth Traffic Traffic ?v'TtNR 1 1,600 46 - 46 0.03* N- 1 1,600 27 23 50 0.03 ST 1 1,600" 26 23 49 0.03 SL 1 1,600 370 343 713 0.45* SR 1 1 1,600 245 - 245 0.15 ET+ER 2 3,200 ; 1 844 182 1026 0.32 EL 1 1,600 259 - 259 0.16* wr+%R 2 3,200 626 175 801 0.25* 1 WL 1 1 1 1,600 34 - 34 ' 0.02 ' 1 Yellow Clearance 0.10* Intersection ICU 0.99 Level of Service E * Denotes critical volume to capacity ratio utilized to determine intersection ICU. 1 i TRAFFIC LANE ; P EXHIBIT 26 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILI70iTION'(ICU) LIM FAIRWAY AND COLIMA (PROJECT PLUS OTHER RELEVANT PROJECTS) VOLUME-TO-C-ARKITY RATIO ; 1 , 1 , Total Cumulative Traff is 1 1 0.14 0.15* ; 1 , 0.19* 1 0.13 1 0.44 0.37* 1 0.21* 1 0.07 ; Yellow Clearance Intersection ICU Level of Service * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ; CAPACITY TRAFFIC VOLUMES Existing No. Total Plus of Lane ; Project Other Total Movement;Lanes Capacity Traffic Relevant Cumula- Plus 2% Project Tive Growth Traffic Traffic STT -NR : 2 3,200 451 - 451 NIL ; 1 1,600 176 70 246 ST+SR 2 3,200 589 - 589 SL 1 1,600 1 160 50 210 ET 2 3,200 1243 170 1413 EL 1 1 1,600 175 420 595 1 WT 1 2 1 3,200 461 , 213 . 674 WL ; 1 1 1,600 107 - 107 1 VOLUME-TO-C-ARKITY RATIO ; 1 , 1 , Total Cumulative Traff is 1 1 0.14 0.15* ; 1 , 0.19* 1 0.13 1 0.44 0.37* 1 0.21* 1 0.07 ; Yellow Clearance Intersection ICU Level of Service * Denotes critical volume to capacity ratio utilized to determine intersection ICU. i EXHIBIT 27 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA EWRY EB RAMPS (PROTECT PLUS OTHER RELEVANT PROTECTS) VOLUME -TO -CAPACITY TRAFFIC LANE CAPACITY TRAFFIC VOLUMES RATIO Existing Total No. Total of Lane Plus Project Other Total Cwrnilative Moverient;Lanes Capacity Traffic Relevant Cumula- Traffic Plus 2% Project Tive 1 Growth Traffic Traffic �v'T{NR 2 3,200 916 224 1140 0.36* ST+ML 2 3,200 726 215 941 0.30 EL+ER 2 3,200 607 328 935 0.29* ' Yellow Clearance 0.10* Intersection ICU 0.75 Level of Service C to capacity ratio utilized to determine intersection * Denotes critical volume ICU. r EXHIBIT 28 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZA:rION (ICU) FOR FAIRWAY AND POMONA FRWY WB RAMPS .(PROTECT PLUS OTHER RELEVANT PROJECTS) TRAFFIC LANE ; VOLUME -TO -CAPACITY CAPACITY ; TRAFFIC VOLUMES ; RATIO ; Existing No. Total ; Plus ; Total of Lane ; Project Other Total ; cumulative Movement Lanes Capacity Traffic Relevant Cumila- ; Traffic Plus 2% Project Tive Growth Traffic Traffic ; NIT 2 3,200 675 65 740 ; 0.23 NL ; 1 1,600 216 274 490 0.31* ; SL+SR 2 3,200 805 432 1237 0.39* ; WL+WR ; 2 3,200 ; 481 243 724 0.23* Yellow Clearance 0.10* Intersection ICU 1.03 i Level of Service F * Denotes critical volume to capacity ratio utilized to determine intersection - ICU. EXHIBIT 29 P.M. PEAK TRAFFIC HOUR (NURST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND POMONA FUMY EB RAMPS (PROJECT PLUS OTI3ER RELEVANT PROJECTS) (Colima Road improves to 6 -lane) ;VOLUME -TO -CAPACITY TRAFFIC LANE CAPACITY ; TRAFFIC VOLUMES ; RATIO ; Total Existing No. of Total Lane ; Plus Project Other Total ; Cumulative Movement;Lanes Capacity ; Traffic Relevant Cumula- ; Traffic Plus 2% Project Tive Growth Traffic Traffic ; NR ' 1 1,600 ; 33 - 33 0.02 ;ST+SL+SR 2 3.200 ; 984 12 996 0.31* , ET + ER 3 4,800 936 - 936 0.20 EL-' 1 1,600 ; 172 372 544 ; 0.34* ; WT + wR 3 4,800 ' ; 992 68 1060 0.22*; WL 1 1,600 23 - 23 ; 0.02 Yellow clearance 0.10* Intersection ICU 0.83 • Level of Service D * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 30 P.M. PEAK TRAFFIC HOUR MORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND BREA CANYON ROAD (PROJECT PLUS OTHER RELEVANT :PROJECTS) (Colima Road improves to 6 -lanes) Yellow clearance 0.10* Intersec-tion ICU 0.79 Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. TRAFFIC LANE ; ;VOLUME -TO -CAPACITY ; CAPACITY ; TRAFFIC VOLUMES ; RATIO ; f Existing No. Total Plus Total of Lane Project Other Total Cumulative ; Movement;Lanes Capacity ; Traffic Relevant Cumul.a- ; Traffic ; Plus 20 Project Tive ; Growth Traffic Traffic ; ; NT ; 2 3,200 ; 543 8 55-1 0.17* ; NL ; 1 1,600 229 8 237 ; 0.15 ; NR ; 1 1,600 598 - 598 0.37 ST 2 3,200 390 15 405 ; 0.13 SL ; 1 1,600 ; 267 - 267 0.17* SR 1 1,600 444 151 595 ; 0.37 ET 3 4,800 1377 - 1392 ; 0.29* ; EL 2 3,200 ; 442 15 471 f 0.15 Wr ; f 3 4,800 ; 299 f 29 299 0.06 , WL ; 1 1,600 ; 103 - 103 ; 0.06* ; WR ; 1 1,600 ; 186 - 1845 ; 0.12 ; Yellow clearance 0.10* Intersec-tion ICU 0.79 Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersection ICU. EXHIBIT 31 P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR COLIMA AND LEMON (PROJECT PLUS OTHER RELEVANT PROJECTS) (Colima Road improves to 6 -lanes and Assumes Freeway Ramps at Lemon Avenue TRAFFIC LANE ; ;VOLUME -TO -CAPACITY CAPACITY TRAFFIC VOLUMES RATIO 1 Existing No. Total Plus Total of Lane Project Other Total Cumulative Movement Lanes Capacity Traffic Relevant Cumula- Traffic Plus 20 Project Tive 1 Growth Traffic Traffic ; NT+NR 1 1 1,600 ; 46 - 46 ; 0.03* NL 1 1,600 27 23 50 0.03 ST ; 1 1,600 I 26 23 49 ; ; 0.03 SL 1 1 1,600 ; I 370 240 610 ; 0.38* , SR 1 , 1 1 1,600 1 245 - 245 ; 0.15 ET+ER ; 3 4,800 I 844 182 1026 ; 0.21 EL 2 3,200 ; 259 - 259 0.08* I WT+WR ; 3 4,800 ; 626 175 801 1 0.17* WL ; 1 1,600 ; 34 - 34 ; 0.02 1 Yellow Clearance 0.10* Intersection ICU 0.76 Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersec4: ICU. Yellow Clearance 0.10* Intersection ICU 0.77 Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersect ICU. EXHIBIT 32' P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY' UTILIZATION (ICU) FOR FAIRWAY AND COLIMA (PROJECT PLUS OTHER RELEVANT PROJECTS) (Colima Road improveal to 6 -lanes) VOLUME -TO -CAPACITY ; TRAFFIC LANE CAPACITY ; TRAFFIC VOLUMES ; RATIO ; Existing No. Total Plus Total ; of Lane ; Project Other Total Cumulative ; Movement Lanes Capacity Traffic Relevant Cumula- Traffic ; Plus 2% Project Tive ; I � , I Growth Traffic Traffic � ; , NT+NR I 2 i 3,200 1 451 - 451 ; I 0.14 ; NL 1 I 1,600 ; t 176 70 246 ; I 0.15* ; F I ST+SR I 2 ! 3,200 I 589 - 589 I 0.19* ; SL I ; 1 1,600 I 160 50 210 I 0.13 ; t ET3 I II 4,800 ; i 1243 170 1413 i 0.30 ; r I EL I 2 I 3,200 ; I 175 420 595 i 0.19* ; WT ; 3 i 4,800 ; 1 461 213 674 0.,14* ; WL I 1 1,600 I 107 - 107 0.07 , Yellow Clearance 0.10* Intersection ICU 0.77 Level of Service C * Denotes critical volume to capacity ratio utilized to determine intersect ICU. EXHIBIT 3.$ P.M. PEAK TRAFFIC HOUR (WORST CONDITION) INTERSECTION CAPACITY UTILIZATION (ICU) FOR FAIRWAY AND POMONA FRWY WB RAMPS (PROJECT PLUS OTHER RELEVANT PROJECTS) (Assume Future Ramps at Lemon Avenue) ;VOLUME -TO -CAPACITY ; TRAFFIC LANE ; j CAPACITY TRAFFIC VOLUMES ; RATIO Existing No. Total Plus Total of Lane. ; Project Other Total ; Cumulative ; Movement.Lanes Capacity Traffic Relevant Cumula- Traffic Plus 2% Project Tive Growth Traffic Traffic ; NT 2 3,200 675 65 740 ; 0.23 NL 1 1,600 216 137 353 0.22* ; SL+SR 2 3,200 805 216 1021 0.32* WL+WR ; 2 3,200 481 122 603 0.19* Yellow Clearance 0.10* Intersection ICU 0.83 Level of Service D * Denotes critical volume to capacity ratio utilized to determine intersect ICU. V, CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS FAIRWAY AND POMONA FREEWAY EB RAMPS ANTICIPATED TRAFFIC NL NT NR SL ST SR EL ET ER WL WT WR FROM PROJECT 87411 40 87120 14 3 87052 10 N.W, CORNER OF FAIRWAY 210 z1 AND COLIMA FAIRWAY BUSINESS 215 65 PARK TOTAL 22 215 6S 263 CUMULATIVE TRAFFIC FROM EITHER RELEVANT PROJECTS COLIMA AND BREA CANYON ANTICIPATED TRAFFIC FROM PROJECT NL NT NR SL ST SR EL ET ER WL WT WR 87411 58 29 86147 8 8 15 15 87052 19 N,W, CORNER OF FAIRWAY 80 AND COLIMA FAIRWAY BUSINESS PARK TOTAL 8 8 1515 7 29 15 CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS BREA CANYON AND POMONA FREEWAY WB RAMPS ANTICIPATED TRAFFIC NL NT NR SL ST SR EL ET ER WL WT WR FROM PROJECT 87411 58 86147 8 88087 68 12 87052 ' 19 N,W, CORNER OF FAIRWAY 80 AND COLIMA FAIRWAY 35 BUSINESS PARK TOTAL 8 68 157 47 CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS COLIMA AND LEMON ANTICIPATED TRAFFIC FROM PROJECT NL NT NR SL ST SR EL ET ER WL WT WR 87411 23 121 58 58 87147 15 8 87052 19 19 N.W. CORNER OF FAIRWAY AND COLIMA 90 90 FAIRWAY BUSINESS PARK 215 TOTAL 23 34323 182 175 CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS COLIMA AND FAIRWAY FICIPATEDFFIC NL NT NRFSL ST SR EL ET ER WL WT WR FROM PROJECT 40 41 41 40 87411 15 8 87147 87052 10 9 9 10 70 420 10 105 N,W, CORNER OF FAIRWAY AND COLIMA TOTAL 70 50 420 17 163 5 Y CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS F41AWAY AND POMONA FREEWAY EB RAMPS ANTICIPATED TRAFFIC FROM PROJECT NL NT NR SL ST SR EL ET ER WL WT WR 87411 5 _88087 12 68 87052 19 N.W. CORNER d OF FAIRWAY 80 AND COLIMA FAIRWAY BUSINESS 215 PARK TOTAL 12 3 7 6 CUMULATIVE TRAFFIC FROM OTHER RELEVANT PROJECTS FAIRWAY AND. POMONA FREEWAY WB RAMPS ANTICIPATED TRAFFIC NL NT NR SL ST SR EL ET ER WL WT WR FROM PROJECT 87411 40 87120 14 3 87052 10 N.W, CORNER OF FAIRWAY 210 , 210 AND COLIMA FAIRWAY BUSINESS 65 432 30 PARK TOTAL 27465 43 213 30 Project No.: P S O TR/PM: (V) Lead Sec.: Los Angeles County CAT Ex., Department of Regional Planning ZONING AND SUBDIVISION APPLICATION As required by Chapters 22.16 22.56& 21.40 of the Lor Angeles County Code The fohowing 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 OWNERS) APPLICANT APPLICANT'S AGENT (Engineer, Licensed Surveyor, Other and please indicate if engineer Is also an agent) NameABEL IIOU CIIEN—IIWA WANG Name - Name --- 1TPTTPY` T A4cry+ ) r Address Address 12225 South St. #219�ddress 735 W. Emrson Ave. #200 Cary City Artesia City Monterey Park Zip Phone( I Zip CA 90gl (213 402-0808 Zip 917gone(81s 570-193.8 (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) - ) CONSENT: / consent to the submission of the application accompanying this request. Signed (All record owners) Date CERTIFICATION: I hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Signed _ ���. �fZrG t/a— �e (Applicant ar Date a �� 9��T pplicant's AyenlF / Location 1035 1/2 Hanni Way, Walnut, CA 91789 (Street address or distance from nearest cross street) between Lemon Ave. and Banning Way (Street) (Street) in Zone A-1-15, 000 ._,Zoned District San Jose (Land Use, not postal zone) ! HNM/FS 111-329 CSI / TBG L'•97—C3 Assessor 8763 CT 9033-02 Planning Area E. San Gabriel Valley USGS Yorba Linda California Contract City None Supervisorial District 1 _ General Plan Category Low Density Resildential ( 1-6 units per acres ) Local Plan Category (if appl!cable) None None Local Plan Project Size (gross acres) 2.32 Acres 22% Project Density Previous Cases SP 1734—A Present Use of Site Residential Use applied for 100 -ROOM MOTEL ( TWO --STORY, WOOD FRAME w/ STUCCO FINISH ) over Domestic Water Source _ Company/District 'Method of Sewage Disposal Sanitation District _ Grading of Lots by Applicant? Yes X_ No_ Amount 1 , 000 C YShow necessary grading design on site plan or tent, map.) ... LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone Lhange, attach legal description of exterior boundaries of area subject to the change, See Attached Sheet APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY EACH TYPE OF REQUEST — Check each request applied for and complete appropriate sections. O PLAN AMENDMENT REQUEST Countywide/local Plan or Area Plan Land Use Map Change: From To Acres From To Acres Other Countywide (Gen. Dev., Huusiny & Spec. Mgmt.) Map Change: ( From To Acres From To Acres TM Identify Text Changes) to Countywide/Local or Area Plan Desired: Total Project Units Currently Allowed By: (a) CW Plan • (b) Local Plan ' Total Project Units Permitted If: (a) CW Plan Amended (b) Local Plan Amended _ Total Acres Involved: (a) (b) SERVICES: Existing and Proposed: Gas & Electric Education Fire Acces• _ Sheriff ZONE CHANGE REQUEST Zone: From Acres l To Acres A-1-15,000 2.32 C 2.32 �I CONDITIONAL USE PERMIT, VARIAN�CCE, NONCONFORMING REVIEW, AND OTHER PERMITS Permit Type s' 2-2)/ Ord. No. Project Site: 2.32 Acres 1 Area devoted to: structures open space Gross Area No, of Lou Residential Project and Proposed density Gross Area No, of floors Units/Acres Number and types of Units Residential Parking: Type Required Provided Total Required Total Provided (continued on next page) t ., 1 Won Residential Project: No. of bldgs• No, of floors 38 '900 SQ,FT. 5" —�— —_ Gross floor area —Operating hours 24—hour No, of employees 6 Noi of shifts 3 Maxium number of employees per shift Z _ Assembly and Dining Uses: NONE (Occupant load for buildings per Building $ Safety) Non Residential Parking: Type Required _____ Provided __Total Required: LD0 Total Provided: Additional Information: The following must be completed for HOUSING PERMITS: Units allowed without bonus: • �-----------�_ Units Density Bonus Required: % Units Total Units including bonus: ---_.__ Units 0SUBDIVISION REQUEST TOTAL GROSS ACRES --------._ TENTATIVE MAP NUMBER LOTS; Existing Proposed STAGE: T RV — AM _ RN RA — FN_.WR MAP: T__ RRWD)__ RRILO)__ RV— AO_ LL_ VESTING: (Y)_,_. (N) LOTTYPE;OWN'SHIP (Circle);NO, LOTS;NO• UNIT•S;AC LOT TYPE OWN'SHIP (Circfe) NO. LOTS NO. UNITS ACRES SF MH f NC CC L DUP 1 NC CC L MF 1 NC CC L OS I NC CC L R PF I NC CC L t C INC CCL I i I NC CCL ( 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: 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 motel will not affect the health, welfare or comfort of the residents in the surroundincj area. The land use and zoning around the property _proposed for the motel & restaurant is commercial. 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 proposed site is mare than adequate to accomodate the required parking, landscaping and develorarent features as described in the design. I . 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 service facilities as are required. The site is adjacent to a freeway and the streets and public facilities are more than sufficient to meet the needs of the proposed project. 76w31 U - 3-e4 88sss ZONE CHANGE — BURDEN OF PROOF SECTION 22.16.110 In additiori to the information required in the application, the applicant shall substantiate to the satisfaction of the Commission the following facts. Answers must be made complete and full: A. Modified conditions warrant a revision in the zoning plan as it pertains to the area or district under consideration because: The exiai-inq zoning is agriciil'9P�7Yal hrxaavrr tha cnrrnimr7ing nrnt��___�_ is zoned commercial and is presently developed as commercial/office. B. A need for the proposed zone classification exists within such area or district because: In order to develooe the subject property for a motel/restaurant it requires a rezoning from a!32.icultural to co -n rcial and as indicated above the surroundinq property has previously been rezoned to commercial. C. The particular property under consideration is a proper location for said zone classification within such area of district because: The existing property and its F_resent zoning is not in conformance with the surrounding area and as a result of its location should be brought into conformity with the area and more significantly its location. D. Placement of the proposed zone at such location will be in the interest of public health, safety and general welfare, and in conformity With good zoning practice because: It meets the needs of the area and will not adversely affect the health, safety and welfare of the area or its existing commercial neighbors. It will increase both revenue to the County and provide a necessary service to the growing commercial and residential development in the corridor. (NOTE: Use additional sheets as necessary) - DATE: - -__ _June 8, 1990 MEMORANDUM TO: - Dennis Tarango, Planning Director FROM: Ronald L Kramer, City Engineer4�4 SUBJECT: TRAFFIC IMPACT ANALYSIS MOTEL DEVELOPMENT ON COLIMA ROAD AT BANNING WAY (NEAR LEMON AVE.) Upon the initial review of the subject Traffic Impact Analysis prepared by TSE my main concern was - a lack of the existing and proposed roadway geometr cs including traffic channeliization. We have now been supplied a pian for proposed striping on Colima from west of Lemon Ave. to 300 feet east of Banning Way (see attached plan). The plan as submittedL develops a left tum pocket on Colima Road at Banning Way which as shown would also allow left turns into what is.shown as the main entrance to the proposed facility on Colima Rd. This configuration, as shown, would also allow left turns- out of the facility across this left tum pocket. This is a very undesirable movement and could be prohibited with signing and striping, but hard to enforce. The proper traffic control on Colima. Rd. in this vicinity would be a raised. median. A raised median would require east bound in -traffic as well as east bound out traffic to utilize Banning Way. This being the case, it would then seem reasonable for the applicant to consider reorienting the facility so that the main entrance and circulation would be Banning Way. s The traffic projections relating to trip generations and. distribution appear to be reasonable, except that the study does not indicate any distribution to Lemon .Ave. - While this may not be a targe - distribution it will have some effect. The study also uses data prior to the recent up --garde of traffic signals on Colima Road at the 60 Freeway ramps. These recent improvements result in a plus and not a negative for purposes of this report. The most signficant Impact will be at the intersection of Lemon Ave. and Colima Road where traffic signal modifications and median improvements must be considered. RECOMMENDATION::_ If this project is approved'it should include the following conditions: 1. Construct full street improvements on Colima Road and Banning way to City Standards and join existing improvements including any widening on Colima Rd. easterly of Banning Way to effect the proper traffic lane transitions. 2. Construct full raised median improvements on Colima Road between Lemon Ave. and Banning Way. 3. Participate in traffic signal up -grades: _ a. Colima Rd. @ Lemon Ave. $10,000 b. Colima Rd. @ Brea Cyn. Rd. $ 5,000 RFK nb2279:db-0n:motei.cd MCA CIVIL ENGINEERS 390 Lomon Crook Dr., VIatnut CA (7141594-9702 1i31 II) 331-II323 a aos 8 � � R I MEMORANDUM ME . �ma DATE: February 5, 1990 TO: DENNIS TARANGO, ACTING PLANNING DIDIRECTOR �P FROM: RONALD L KRANZER, CITY ENGINEER SUBJECT: ZONE CHANGE & CONDITIONAL USE PERMIT CASE # 88-555 On 1-16-90 we met with Mr. Wang regarding this project and asked for a Traffic Impact: Analysis and further indicated nthe o include eifor Colima a between Lemon Ave. and east ofBanngWay. Said Traffic Analysis is 124-89 the March 989 date probably refers to some planning matter filing date. To date we have not received any further info regarding the geometdcs for Colima Rd.and until the info requested is received 1 cannot complete my review other than to say the Traffic Analysis is incomplete as submitted. RLKnb: 7 997: db:zc8&-555 RKA CIVIL. ENGINEERS 398 Lomon Crack Dr., Walnut CA 1714) 594-9702 (818) 331-8323 ?tY CO LOS,'�C + . al:.� + 4L1FpRh�P THOMAS A. TIDEMANSON, Director CECIL E. BUGH. Chief Deputy Director MAS NAGAMI, Assistant Director May 25, 1989 CO' QTY OF LOS ANGEL.-) DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AV�N1�E f` N j Y ALHAMBRA. CALIFORNIA tm Teiephone: (818) 459-5100 „ ...-� �. ADDRESS ALL CORRESPONDENCE TO: '� _ _ stiff c; �' 3 P.O. sox 1460 ALHAMBRA, CALIFORNIA 91802-1460 Mr. James E. Hart] Acting Planning Director Department of Regional Planning County of Los Angeles 320 West Temple Street Attention Ms. Julie Cook Impact Analysis Section Dear Mr. Hartl: TRAFFIC IMPACT ANALYSIS (REVISED MARCH 1989) PROJECT NUMBER 88555 ROWLAND HEIGHTS IN REPLY PLEASE REFER TO FILE: T-2 850.27.14 As requested, we reviewed the subject traffic study revised to include the additional information requested in our enclosed March 3, 1989 review. The proposed 100 -room motel development located at the northeast corner of Colima Road and Lemon Avenue would generate 1,019 trips per day. Since this project should be compatible with freeway access ramp proposals being studied at Lemon Avenue and Colima Road, we recommend Caltrans review this project. In addition, as the project proposes left- and right -turn access at Colima Road and Banning Way, detailed geometric plans showing these access locations should be prepared to the satisfaction of this Department prior to recordation. If you have any questions, please contact our Traffic Studies Unit at (818) 458-5909. Very truly yours, T. A. TIDEMANSON Director of Public Works Ly ROGER W. BURGER Deputy Director ON:asIP Enc. dF os fill IR C4 CIF00.N�S pFp4RTITIAC P. MICHAEL FREEMAN FIRE CHIEF FORESTER & FIRE WARDEN February 22, 1990 COUNTY OF LOS ANGELES FIRE DEPARTMENT Mr. Bob Searly City of Diamond Bar Planning Department 21660 E. Copley Drive` Diamond Bar, CA 91765 Dear Mr. Searly: 1320 NORTH EASTERN AVENUE: LOS ANGELES, CALIFORNIA 900153 (213) 720-5141 SUBJECT: CONDITIONAL USE PERMIT #88-555 The development of this project must comply with all applicable code and ordinance requirements for con- struction, access, water mains, fire flows, and fire hydrants. Fire flows of 5000 gallons per minute at 20 pounds per square inch residual pressure for a 5 hour duration will be required. On-site hydrant shall flow a minimum 2500 gallons per minute at 20 pounds per square inch residual pressure flowing two hydrants simultaneously. Specific fire and life safety requirements for the construction phases will be addressed at the plan check stage. All on-site driveways shall provide a minimum unobstructed width of 28 feet clear to the sky to within 150 feet of all portions of the exterior walls of the first story of any building . SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS BRADBURY DUARTE LA CANADA FLINTRIOGE MAYWOOD ROLLING HILLS ARTESIA CARSON - GLENDORA LAKEWOOD NORWALK ROLLING HILLS ESTATES AZUSA CERRITOS HAWAIIAN GARDENS LA MIRADA PALMDA,LE ROSEMEAD BALDWIN PARK CLAREMONT HIDDEN HILLS LANCASTER PALOS VERDES ESTATES - SAN DIMAS BELL COMMERCE HUNTINGTON PARK LA PUENTE PARAMOUNT SANTA CLARITA BELLFLOWER CUDAHY INDUSTRY LAWNDALE PICO RIVERA - SIGNAL HILL BELL GARDENS DIAMOND BAR IRWINDALE LOMITA RANCHO-PALOSVERDES SOUTH EL MONTE SOUTH GATE TEMPLE CITY ' WALNUT WEST HOLLYWOOD WESTLAKE VILLAGE WHITTIER Mr. Bob Searly February 22, 1990 Page 2 All driveways shall be labeled as "Fire Lane" on the final building plans. Labeling is necessary to assure the access availability for Fire Department use. Additional fire life safety requirements will be addressed at building pian check. Should any questions arise regarding this matter, please feel free to contact me at (213) 720-5141. Very truly yours, P. MICHAEL FREEMAN By j CAPTAIN FRANK E. LUNA FIRE PROTECTION ENGINEERING PREVENTION AND CONSERVATION BUREAU FEL:smo cc: City of Diamond Bar 4 STATE OF CALIFORNIA—BUSINESS AND TRANSPCRI,..,,ON AGENCY GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF TRANSPORTATION _ DISTRICT 7, 120 SO. SPRING ST.i�,��`i' LOS ANGELES, CA 90012V9rJ. TDD (213) 620.3550 (213) 620-2376 May 10, 1989 I CSR/CEQA Project #88555 For 100 -Room Motel Development at NE Corner of Colima Road and Lemon Avenue Ms. Julie Cook Department of Regional Planning County of Los Angeles 320 West Temple Street Los Angeles, CA 90012 Dear Ms. Cook: Thank you for including Caltrans in your environmental review process for the above -referenced Notice of Preparation. We have reviewed this material and based upon available information we offer the following comments: We are primarily concerned with the effects that this project may have on our facility, Route 60 (Pomona Freeway). We suggest that any impacts to these routes be included in the draft environmental document. We also suggest that if a traffic study is prepared for these projects, that the study include: 1. Existing and 20 -year future average daily traffic (ADT) volumes 2. Traffic generation (including peak hour) 3. Traffic distribution and assignment 4. Current and projected capacities of affected highway and freeway routes 5. Cumulative traffic impacts The DEIR should also include traffic mitigation measures wherever necessary. Coordination steps taken to ensure the implementation of proposed mitigation should also be discussed in the environmental document. If any work is proposed within a Caltrans right-of-way an encroachment permit will be required. 14 Ms. Cook -2- May 10, 1989 We would appreciate continued coordination between our agencies. If you have any questions regarding this response, please contact this office. Sincerely, GARY ,.'MtSWZENEY -1 Sentoor Transportation Planner IGRnEQA coordinator Transportation Planning and Analysis Branch t STATE CF CALIFORNIA—SUSINESS AND TRANSPORT AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION ;.. DISTRICT 7, 120 SO. SPRING ST. 5a; . LOS ANGELES, CA 90012 TDD (213) 620.3550 (213) 620-2376 June 2, 1989 IGR/CEQA Project #88555 For 100 -Room Motel Development at NE Corner of" Colima Road and Lemon Avenue Ms. Julie Cook Department of Regional Planning County of Los Angeles 320 West Temple Street Los Angeles, CA 90012 Dear Ms. Cook: Thank you for including Caltrans in your environmental review process for the above -referenced Traffic Impact Analysis. Because of errors in our past comment letter, May 10, 1989, we have re -reviewed this material and have the following comments: 1. Existing trip generations and distribution analysis appear to be reasonable. 2. Existing ICU calculations appear reasonable. However; the ICU assessments should also include documentation of future conditions: 1. Colima and 60 Freeway/EB Ramps 2. Fairway and 60 Freeway/WB Ramps 3. Any proposed work or construction (Route 60 Freeway access for Lemon Avenue) to occur within a Caltrans right-of-way will require encroachment permits. Also, coordination with Caltrans should be initiated at an early stage of planning when mitigation measures affect a state facility. 4. The report should make some reference about current and projected volumes along the affected highway or freeway route. Ms. Cook -2 June 2, 1989 5. As.a rule of thumb the Department recommends that all traffic analysis, cumulative area analysis, and supporting mitigation measures be considered over a twenty (20) year period. We would appreciate continued coordination between our agencies. If you have any questions regarding this response, please contact this office. Sincerely, GARYSWEEEY Senor Transportation Planner IGR/CEQA Coordinator Transportation Planning and Analysis Branch March 3, 1989 Mr. James E. Hart] Acting Planning Director Department of Regional Planning County of Los Angeles 320 West Temple Street Attention Mr. Frank Ku -- Impact Analysis Section Dear Mr. Hartl: TRAFFIC IMPACT ANALYSIS (JANUARY 1989) PROJECT NUMBER 88555 ROWLAND HEIGHTS T-2 850.27.14 As requested, we reviewed the subject traffic impact study for a proposed 100 -room motel development located at the northeast corner of Colima Road and Lemon Avenue. We find that the following additional information is needed to complete the impact/mitigation analysis. List of other related proposed projects in the area obtained from the Department of Regional Planning. The intersection capacity utilization (ICU) analysis for the existing plus project plus related projects scenario at all analyzed locations. A two percent annual ambient growth rate should be used to the project completion year. . All intersection capacity utilization analysis should include a 10 percent yellow clearance interval. . The analysis should include the existing and proposed freeway ramps at Lemon Avenue and Colima Road. . Proposed mitigation must demonstrate ICU values under 0.85. With appropriate mitigation, we expect the 1,019 daily vehicles generated by this project would be adequately handled under the existing or proposed freeway access configuration. This project should be compatible with the proposed freeway access ramps at Lemon Avenue and Colima Road. Mr. James E. Marti -1- March 3, 1989 The project proposes left- and right -turn access at Colima Road and Banning Way. Detailed geometric plans on roadways. showing these access locations *and all proposed mitigation measures should be prepared to the satisfaction Of this Department. Caltrans should review. this project for conformance to freeway ramp proposals. If you have any questions regarding this matter, please call our Traffic Studies Unit at (818) 458-5909. Very truly yours, T. A. TIDEMANSON Di for of PublicWorks W ROGER . BURGER Deputy Director ON:as/PN kV bc: Planning Division Land Development Division (2) !v t May 23, 1989 TO: John Schwarze Zoning Administration Department of Regional ``- PI n i FROM: Tom Hoagland z �- `�' V Road/Sewer/Water Section Department of Public Works CONDITIONAL'USE PERMIT 88-555 ZONE CASE 88-555 We have reviewed the subject case in the Industry area in the vicinity of Lemon Avenue and Colima Road. The following conditions are recommeded: Dedicate right of way and construct curb and gutter on Banning Way to the Department of Public Works satisfaction. Dedicate right of way for a 13` radius return at the corner of Banning Way and Colima Road. Dedicate the right to restrict vehicular access to Lemon Avenue and Colima Road. Construct curb and gutter 421 from centerline on Colima Road. Construct sidewalk on Colima Road and Banning Way. Construct base and pavement on Colima Road and Banning Way. Construct a wheelchair ramp in all curb returns. Construct any necessary drainage structures on Colima Road and Banning 'clay. Install street lights on Colima Road and Banning Way. Plant and maintain street trees on Colima Road and Banning Way. Repair damaged improvements on Lemon Avenue. Development must comply with mitigation measures identified in the approved traffic report to the satisfaction of the Department of Public Works. the The applicant shall construct of PubliciWo�ks tocured constructpthetaforementioned Los Angeles County Department conditioned improvements prior to the issuance of a building permit or this permit shall be subject to revocation. RLJ:jg L,-2 FORM is 5186 HYDRANTS, FRE iriON AND CCESS GENERAL ffE(;U-3EYVZNTS LVAA—m IOD DWIt 0 F.P.D. NO. — 1(%q-9- ADDRESS (%2-2A DRESS BLDG. ? so;. FT. OF ? SIDE BLDG. AREA OCCUPANC2 CLASS==:CAlION I YARDS STOF.''F;S cr 3: �a�4ES $I-i�,- RT M4X- V1.7, ne3 - _cm cL RDDA�T' AREA CODE. 9IQ _ _CNS Jib-- BU==DING PERM= "S vTDL 7GT BE IS�JED r3ICt� D ?C "?1VCB Or THE _'np m TIONS _ _ - r� :1JD ANY ADE�/=CiV,4-L :� bUL?=; TymSyB T-73 =rte' F`��'T7E,MON D-77OF �'SE ==3E DEFFUa',Xj,T TSr�EE COR.q Ci'E'D SE1- OF PLAINS, FLUS ONE L�Am�:A 5= PL 1 PEU DEsLL BE SUBIK.T= FGR FIYA--7j A=HOVAL. FCR .NFGRMATICN CONCI3.�II�7G ?OUR BUI=,DIYG ?CANS, CONT XT INSPECT OF.: INSPECTOR?' S NAIL TELEPHONE NN f)KR ^'- • ''b', '.9', T J � F-='- P� n T Ti r T, i 1'y 7 �CT7 ^:fF'i T � r- C: Nc� Or_ -CEL fi NGs �_ DE �_.�N_ vs'-C�.�R D_ ar_ r_._.� ONLY. 21r:A.,� CALL O 5CHEEDULE IFFOINTM-FNT. UNLLSS OTBE sr=Sa %Vu Ca D, ALi;f R DEPART7'-" RFQU--) � EI,-fFNT5 "MOT SEOWN" :c LLL BE :YCORPOR.1= AS A T:'RBAz:,v NC+`E IVTO az- OH7 TAC Y1a1VS OF, TDAC=:7GS CN S=B1AN. INCT ?- ( ( ) 3. �7 51'81ECT TC CHANGE q— Ig - 'de ce a.*�c ;_zci cats on site Ian, F i rn i t -ter._ access cr vehicular t--arcur_c in acccrdanca wi ceicw 1 j/'_CV G� c L17tAs L7CC5` iC� v?C 7 O � ` C :-- Sic7, JE_^?cllar acres- to w t'Ln L-50 L=L= CL all, por--Cris cL LH2 E`cter=Cr walls. C i ra CCC@ 510.207. y- c 1 c r i-= 20 cs_. aaCn C:7-si--a LvnL _dr=tallu z G =- e Caz!E �' 'tJjJu Ca_llcros S;er RI1_.l:L? at 20 5_ 'n_._'7 a_nv `dc v r_nz:-= __C'.v_.^.0 5=:ML'._—:'._=Lc _i. h'YDF<ANTS , FIRE FT C i AND A( iS GE-NERPL BEQUIRO�3TS Page 2 VNCT ) All hvdrants si'aa_1 meas -,=e 6"x4"x2�", brass or bronze, conforming to C7.Mrent AWWA Standard C503, or approved equal. Hydrants shall be S'r'.C4yN SHC4N t *zst✓11 ed per specifications of the Los Anceies County Water Cry n- ar_ce No. 7834 ('title 20) Utility Manual, Sec -tion 4.0• to 4.5. 4. ( ( ) Fi-e hvcs=nt recu cements are as follows: install F+.:,ti is Hvdrant (s) . Upgrade Public Fie Hvdrant (s) . Instal l kation � On -Site � m�vq FIS=_ H'tdrant (s) 9 0 Ian, r • 1. Sd fr+ UrAi rmde+lm of iiaw tJ : §3805 or the Building Ccce. 5. ( ) All hvdrants si'aa_1 meas -,=e 6"x4"x2�", brass or bronze, conforming to C7.Mrent AWWA Standard C503, or approved equal. Hydrants shall be t *zst✓11 ed per specifications of the Los Anceies County Water Cry n- ar_ce No. 7834 ('title 20) Utility Manual, Sec -tion 4.0• to 4.5. 6. - ( } A?1 r �r public fie hvrsants shi I be installed, test and / ac::7a_ to -prior to cons= tion. 7. !�� ( } Vezi cslar access must be provided and maintained se—,--ceahle t�scuc;^. / cut ccr�struczicn. Provide an approved Class standpipe system. The risers i n Cl�_:c_ I or Class III shall be at t.e base. Table 38, §3805 or the Building Ccce. 9. Com" t ( ) Prcvide an approved fi_r= =_ar' nkler sas tarn. Sutnit pians for ac_ prevG= prior to i:-isr:.11a�ciiccnr. Fie Code 52.101. 10. ( ) Tte _-re sprimkler 'syst=-M shall ba r—alculatedper`P= htet"=1?,' 41, T23i or `231C, whichever is acplicable. j-, . ( ( ) `nte fir=_ s=--4 nK1er system small be as mac- etre^ in t E f Build -Ling Code 53803..- Plans shcwinc under -round cipi: ac of en=ite hydrants and strider sysuemv sha-11 be submitter for approval prior to _rs_.11aticn. 13. (..�)' ( ) Cn-mite prct �ion faci? ? t es (i.e., hydrants, rinkler s vst ms , etc. ) / shall be installed, tested and accept=s prior to oc=are17. 14. ( ( ) The � -swe✓`ticn, hvcros t`.tic test and fIus;Lnc of t^.e hvcrant arc/or / sprl_nKler system small ce. un_=,ess.d. by the procer FIs=_ CE..ar=-rent represent: tive and rc uncera cued pig? rye sha? 1 be cover e;ori th - or + dden from view until tie Fir= L}e rtnent represe-ritati ve I1as teen not-,-iec and given no less t.^n 48 hours in Wri ch to _nsce:-n such _*istallations . CC TTY TWIT'. TIS F OIL;..G NMITc-- ITEM 15. all a =ting f;=a hvdrant(s) wit•in 300 feet of ali prece_r-v I;hes. (C -n -Sit_ Plan: Call cut hydrant ,size and dimension to lines) . �`i�: Addit=CPal _f ra by anti L/►r{LIjL?!ieT L m�nv to tilcde _t4 on is sucnliec. 16. r%' ' ( ( ,r ) CcmG tet- and r= tL1Ln nvVaLa_r �=Vc? laJll 1tln iCr_ 14�, 1 �;OV,DE A PiC✓� FRCM 't-=7 CaTZ-NY �T ALL LIDS FIVE V + BEEN PAID FCC, IVST3L;� T::C�T AM/CR LN�PME CF PL�EILIC FIRE ;;yi:ELalgT (S) ( CV ;vim'" C�aNY' S L��"R�D, THE APPRO=`^_ATE Dax rtiflRK 2. /rR L-., PL-EI:IC F HYDRA -711(S) TvZ--• BE STP _TD, AL C Lc� F T,: �E 7'T'"��/1,C, `�(J�T: BE. Cr.`'�r-.�' f'J :-PI..C•R TO ,NY ?.PDEOVt�L CF rEquirenimt. 210 T ( C' _=.. SEE MAP97F �I A B f cT E -,1 Zee A- y JJ1 i i _ � �' �yrr r r4 $ 4 ! � t �' I �� 1 Jj/ � •:"iur� r. s : i t. :t ' '° � i // •� 11 I �r r,r•r�-�.r cr r i f -� fi �!c :, $` 1 /% •may, y.�� � / _-�'"' � i � . �+�..\ i\L�. �1\ P ,, t�* 'W E tt f-n � ?..r\P' +4�"s'4..f��1t /' �- DTA W - y r � of � ,\'3.'�\.���°p4,a _z,i }'Yz ' �,. '%� rw� j� I��• r� i 'Yv �_ '4 �t�`���a"2 it�s t raj�:r Valoz,ss4,:-.�irF.�o.w ;r'^ \_a � _",�o*� �1 y 3'e'.- A.ztw 01 i .:. :Dene � r•4,,' ? ?t• � / ,..•t C � TT'rr *e �,3 , �! : °R•'r Qr �`r ca t � �\�'P 1°°. I:.l t �`'i\�e��`'a i � %�y�1�, �°i:.�""-�'r�_.-.�4,>��� 'fi.. _ IT ..,n''�."b w.to.f ( _�wf l + f!'P,o.,�r . �� .-'.'yrw� ///Jj�,I � "z.�'`^�'r,�i�'�/f/"r� •C✓c. ° ,,,: �,4 .a'.�� , \• _; rir. :,O i� i °q 'V" ��i �'••,� Y � • °on o i t � ���4 ! �i^. i\�l �" oS t ry � x4sy � e i � • 1 � ../ . ��'-�^ � '►./ : L r�o- V I 1i t y 3 r� log\ .�� r+ air i LyLT "�' oia:n iM'`: i • �2� —� � i `. � 2 I MS 9rF N1T�) .., G1Y a~ t � i .Zawii •�:.. Iw�P. zr . ��`?=� ?.ne.. r<<zw.e —, i• — ----,. ---_ � �H\i- � ���E..a.. �--�� �—� ' �' ���zi� v � � I v F •' i � f '�cf `` tea 44 131 on j��JJ7 92 l:J .� �///;\/ 1 I w �' `. ;Pw�'.a 3 ' I r.•q� - t �`rrum ry �. p Q c SEE MAP r �- 16 March 1990 City of Diamond Bar Planning Department 21660 Fast Copley Drive Diamond Bar, California 91765 Attention: Hobert Searcy Dear Mr Searcy: We are writing to express our opposition to the proposed construction of a 100 unit hotel and the classification of the property as "unlimited commercial development" at the corner of Colima and Lemon between fie Wine -Press Liquor Store and the Valley Professional Centre. We oppose this proposition for the following reasons: 1. increased traffic congestion 2. decrease in peace and quiet 3. aesthetics of the site 4. lack of parks/green areas for our neighborhood. In addition, we question the amount of business a hotel on this site would have. First of all, there is not a freeway exit at Lemon and second, new hotels exist or will soon exist at tie Grand Ave. exit and the Fairway exit Other hotels exist at Nogales, Best Western and Hotel 6, Ramada Inn at Diamond Bar and Shilo inn at Temple, to name a hew. If anything is done, the City Planning Department should be considering a park/green area for the residents of Diamond Bar on this side of the city. Please notify us of the current and future status of this project We are very concerned about maintaining the quality of life in Diamond Bar. Sincerely, Jesse J. Couch, Jr. 1471 S. Lemon Ave. Walnut, CA. 91789 March 2, 1990 Mr. Robert Searcy, City Planning Department, City of Diamond Bar, 21660 East Copley Drive, Diamond Bar, CA 91765 Dear Mr. Searcy: This letter is to register our strongest objections to a zone change proposed at 1035 1/2 Banning Way. From a planning point of view is this really the best use that can be made of this site? (Best use being from the point of view of the residents as opposed to an individual developer.) Let's not adopt the approach that the county used for so long and what, in part, was instrumental in their removal as managers of this community. Sincerely, Raymond B.'Rebeiro Eleanor K. Rebeiro ,6&,, rL 20681 E. Truss Ct. Walnut CA 91789 9.� Nis45 w4p Ll t March 7. 1990 To: Diamond Bar City Council and the Planning Commission From: Concerned South Pointe Residents of Diamond Bar/Walnut RE: Proposed 100 -unit motel on property bounded by Colima Rd. on the South, Lemon Ave. on the West and the 60 Fwy. on the North. We, the undersigne /, being citizens of Diamond Bar in the Walnut school district wo ld like to express our disapproval of proposed legislation to pla e a 100 -unit motel on the above cited property for the following reasons: 1. A motel would place school children in danger when walking to and from school. The existing undesirable level of traffic has contributed to recorded accidents at the corner involving school children plus, a multitude of near -accidents making this an undesirable location for commercial property that generates increased traffic. ' Additionally, the transient nature of motel traffic causes the residents tremendous concern over the safety of children who must walk near this property to get to the neighborhood school. 2. The proposed use of this property as a motel would not complement the residential nature of this area. This area was incorporated in hopes of stopping the unplanned growth patterns that are prevalent in Southern California. 3. The proposed property does not enhance the lifestyle of the residents of Diamond Bar. This property does not provide any benefits to the residents and in the long term could prove to be detrimental to the lifestyle and could eventually have a negative impact on property values. A satisfactory alternative to the proposed motel would be a development that enhances the lifestyle of the residents of South Pointe and the surrounding Diamond Bar/Walnut area. We the undersigned demand that the elected officials of the Diamond Bar City Council and the members of the Planning Commission take every action necessary to stop the permittin of a motel in this neighborhood. / z7 "O� r CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION JUNE 11 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7:00 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Walnut, California. PRESENT: 4 COMMISSIONERS: Grothe, Lin, MacBride, Vice Chairman Harmony, and Chairman Schey ABSENT: 0 COMMISSIONERS: ALSO PRESENT: Bill Curley, City Attorney Ron Kranzer, City Engineer Dennis Tarango, Acting Planning Director Robert Searcy, Assistant Planning Director Dawn Anderson, Planning Technician Larry Weissman, Associate Planner MINUTES• Chairman Schey asked the Commission to consider the Minutes of May 14, 1990. Secretary Tarango stated that staff wishes to hold the review of the minutes over to the next meeting in order to allow staff time to make some additional revisions. Motion was made by Vicel Chairman Harmony and seconded by Commissioner Grothe to continue the minutes to the next meeting. MOTION CARRIED unanimously. MATTERS FROM THE PUBLIC: There were none. CONSENT CALENDAR: 1. City Council Minutes - meetings of May 1st, 15th and 22nd, 1990. DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Commissioner Grothe stated that he felt that this was premature since the Commission does not know what the Council's feelings on the matter are. If Council wishes to have their meetings televised, he would like to watch a few of theirs prior to making a decision. Chairman Schey felt that the motion would give Council information on what the Commission's stand is on this subject. to let them know that there is not any opposition on this matter. Commissioner MacBride felt that this would be an educational tool if wisely used, not to be politicalized. Chairman Schey called for a vote: AYES: 4 NAYES: 0 ABSTAINED: Commissioner Grothe PUBLIC HEARING - 1. Zone ChanKe/Conditional Use Permit 88-555, A Zone Change from A-1-15,000 (Light Agricultural - 15,000 square foot minimum lot size) to C-3- DP -BE (Unlimited Commercial - Development Program - Billboard Exclusion) and Conditional Use Permit to allow a 100 room hotel on 2.3 acres. The site is located at 1035 1/2 Banning Way, Diamond Bar, Ca. This item was held over from the May 14, 1990 Planning Commission meeting to allow the applicant to provide staff with additional information. 5 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Mr. Searcy stated that the Commission continued the project at the February 26th meeting asking the applicant to revise the site plan reflecting some of the concerns expressed that evening. The applicant has redesigned the complex to show the entry building as a 2 -story building instead of, a 3 -story building.. The approximate height of the 2 -story structure will be 19 feet. The back two structures are 3 -stories, which are about 28 feet in height. The size of the meeting room has been reduced to one floor and about 19 feet in height. The reason that the front building was lowered was due to the privacy concerns of the residents that live across from the project. With this 2 -floor revision, the difference in elevation and the block wall, the applicant feels that this would provided more privacy for the residents. There will be one monument sign which will be approximately 6 feet in height with a face of about 66 square feet. A wall sign is proposed to be located in the rear which will be approximately 90 square feet. A directional sign is proposed to be no more than the code will allow. One of the concerns was safety pertaining to the location of the swimming pool. Based upon the interior circulation, the pool was relocated behind the assembly area. The landscape plan was submitted. The plan indicates a hedge of trees to be included for aesthetics and privacy. The applicant seeks to maintain as many of the existing trees on site as possible. There are some trees on site that they will be able to be located on the interior section, but most will have to be removed. The street improvements consisting of widening the street and installing curbs, gutters and sidewalks will require some trees to be- removed. The elevations reflect what the site will look like. There is a tower which is approximately 36.5 ifeet and the sign that is proposed to be located on the tower is visible from all sides. The tower sign is approximately 90 square feet on each side. There were concerns from the Commission pertaining to traffic. There is a re -striping plan which will be explained by the Applicant's Traffic Engineer. This will allow for left hand turns the main access, keep one of the conditions will be that it is addressed off Colima Road. Property across the Street is zoned Unlimited Commercial, office building; to the south R-1; Neighborhood Commercial; north A-1, nursery operating as retail enterprise; and an easement controlled by Cal -trans. 0 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Ron Kranzer, City Engineer, has reviewed the traffic impact analysis as submitted by the applicant's engineer. He agrees with the number of trips that will be generated by this proposed project. He does have a little bit of a disagreement with the origin and destination of the trips generated. The major issue is that as the project is proposed, it does site on Colima Road and he feels that, even though the applicant has submitted a, plan that shows the channelization that would be necessary on Colima Road, it precludes left turns in and out, making Banning Way the major entrance and exit. The plan is a striping plan' instead of a raised median plan. Mr. Kranzer feels that the only way to appropriately address the traffic concerns at that intersection would be to include a raised median. Part of the City Engineer's recommendation, if this project is approved, is to require the applicant to install a raised median. This poses the question that if the main entrance on Colima does not have ingress and egress onto Colima Road as far as the east bound lanes are concerned, it would probably behoove someone to look at this project and reorient it to have its entrance off of Banning Way. Another concern that the City Engineer has is that there will be some impacts on the section of Lemon and Colima which are already experiencing some problems. One of his recommendations is that this particular project, if approved, contribute to the improvement of that traffic signal improvement program. There is also some widening that would have to be done in front of the office complex easterly of Banning Nay to accommodate the lane transitions and full improvements on Colima Road and on Banning Nay. There is a possibility that there may be some impacts at the intersection of Colima and Brea Canyon Road. I 7 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Chairman Schey asked Mr. Kranzer 1f the participation level that he is recommending in his memo was based on percentage of the estimated improvement or was it an estimate. Mr. Kranzer indicated that it was partly an estimate. The improvements at Colima Road and Lemon would be the addition of left turn phasing for Lemon Avenue. Mr. Kranzer stated that Secretary Tarango asked him about the possibility of an interchange on Lemon Avenue with the 60 Freeway. Approximately 10 years ago it was planned as a full diamond type of interchange and the right-of-way was some what reserved and set back. It was then deemed by Cal -trans to be used only for an on-ramp west bound and an off -ramp east bound because of the proximity with Brea Canyon off -ramp. Approximately 1 1/2 years ago the City of Industry undertook a study and Mr. Kranzer's firm was somewhat involved. .At that time it was proposed by City of Industry to go back to the full diamond type of interchange. It was reviewed, studied thoroughly and decided absolutely not. Secretary Tarango added that he has a copy of the Feasibility Study. In talking with the owner, there was some questions regarding the sensitivity and confidentiality of the market study. As he understands now this study is public record. Mr. Searcy summarized what the market study indicated. The study indicated that the occupancy will be at a level of 85 percent after one year of operation. The average daily rate will be $33. The applicant has indicated that they have a contention with the 3rd conclusion of the study which stated that approximately 64 percent of the occupancy= will be commercial trucker demand and 36 percent will be tourist/transient demand. The property is affiliated with the Quality International I Reservation Inns and they feel that their target market will be drawn from the City of Industry and also transient/passerby from the 60 Freeway. He stated that he thought that the applicant would also like to suggest that in addition to the conditions that staff has developed that they submitted some conditions that they will not be opposed to that are placed upon hotel projects by Cities such as West Hollywood. R DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Public Hearing was Opened. Gary Shihoma, representing the applicant, stated that they have taken into consideration every suggestion and concern that was raised by the neighbors and homeowners at the last meeting. The applicants have decided to secure the entire building. They will have a 24 hour security guard on the premises. In addition, the only entrance into the motel will be through the front where guests and visitors will monitored. He added that guests will be given a key so that they can enter from other entrances throughout the complex. The rooms can only be reached by entering the motel complex, they cannot be reached by simply walking up to the door. He indicated that they felt that by having a security guard there, he will not only be watching the motel, he will also be watching the neighborhood. All of the lighting on the project will be shielded and directed away from Colima and away from the homes. There will be no tall pole signs. There will only be the signs which were previously discussed. Mr. Shihoma stated that regardless of what the market study indicated, the applicant has not designed or planned to market this hotel as a truck stop hotel. He stated that the market study was an independent study. The company who did the study stated that based upon the location of Diamond Bar, it would seem to reason that an obvious target audience for a motel in that area would be truckers. The applicant is trying to target the tourist and family audience. Due to this, the owner has decided not to charge any children under 18 who are accompanying their parents to the motel. The applicant indicated that he made an effort to meet with the homeowners. He contact Mrs. Martindale several times, but do to conflicting schedules, they could not meet. He stated that if the owner has a hotel for truckers, he must provide parking. The owner of this motel will provide compact and standard parking only, not parking which will provide for truckers. Theyiare also willing to recommend that the striping around the property be painted red so that trucks cannot park along the streets in front of the complex. They are willing to abide by the City Engineer's recommendations. He stated that he was given the information from his traffic engineer that there has only been one accident on that corner. 0 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE_ 11, 1990 Huey Liu, Project Traffic Engineer, stated that the motel project will generate less than 2 cars during the peak traffic hour. The motel traffic doesn't coincide with the regular commuter traffic. He made a comparison between the traffic generated by the proposed motel and the traffic generated if the site was to be developed for retail offices. The motel traffic generates about 1,000 cars in a 24 hour period, about 70 of those cars during the peak traffic hour. General offices would generate about 110 cars during the peak traffic hour. Medical offices would generate substantially higher number of cars, approximately 180 cars during the peak traffic hour. Retail shops would generate the most amount of traffic during the peak traffic hour. Mr. Liu obtained a copy of the traffic accident reports for 1989 at the intersection of Colima and Lemon. He obtained this data from the Los Angeles County Sheriffs Department. From, that data, he has interpreted that only one accident has occurred during that year. Vice Chairman Harmony stated that the project engineer indicated in his report that the project will generate 2 trips per peak hour. Mr. Liu stated that during the a.m, peak hour about 70 trips per hour are generated and the p.m. pear: hour about 63 trips per hour are generated. The 2 trips per peak hour are calculated per minute. Vice Chairman Harmony also stated that Mr. Liu's study indicated that 60 percent of the traffic leaving the site will go west on Colima and turn on Fairway to enter onto the Freeway. Vice Chairman Harmony stated that he is assuming that 50 percent of the traffic will exit off of Brea Canyon down the street heading east and 40 percent coming up Brea Canyon. He asked Mr. Liu how he arrived at these nnmhPrc inct—A ..4r� ...,. ._r DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Ruth Ormsby, Director of Development for Quality International Inn California, stated that she wanted to show the Commission some comparisons. The stabilized year occupancy in the report for the proposed motel was 85 percent. The consultant who conducted this study rarely predict that enthusiastically. Typically they will not stabilize a motel at occupancies above 72 percent to 75 percent. This shows that they thought that a hotel of this size would be supported by the demand in this area. To compare nation- wide. the average in the hotel industry is only 64 percent to 65 percent occupancy. The owners of motels can control who the users are of their motel, rates are one of these methods. Although the market indicated rates that were in the mid 30's, the gentleman who did the study indicated that he failed to take into account some of the marketing plans and programs that the owner was going to implement. The owner anticipates rates in the low to mid 340's, which is above the two competitive motels in the area. The Sleep Inns that are currently open cater to the commercial, family and seniors market. Chairman Schey asked Ms. Ormsby, in doing the market analysis, how did the elimination of truckers affect the occupancy. Ms. Ormsby stated that when the trucker market is eliminated the owner will have to supplement with other markets. Chairman Schey asked if they were proposing to fence or wall the perimeter in some manner in order to insure the security of the motel. The applicant indicated that there will be a wall along the entire project. The wall will be 4 feet along Colima and 6 feet along Lemon. Commissioner MacBride stated that he will not be participating in the review of the project, but he is interested in why there is such an emphasis on the orientation of the project. The applicant stated that when this project was first submitted to the County a year ago, they recommended that the frontage be onto Colima. Chairman Schey stated that what the City Engineer's presentation was eluding to, was that maybe it would be best to orient the main access off of Banning which is intersecting with Colima anyway. Secretary Tarango stated that the Sheriff and Fire Departments also recommended that the access be off of Colima. 11 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Mr. Kranzer stated that one of the concerns he had with orienting the project towards Colima Road, even with a raised median, was a Perception by the people going easterly on Colima to go to that facility, try to make a U-turn to get to the main entrance even though there would be signs stating no U-turns. He is not suggesting that the main entrance be on Banning Way, but some orientation of the facility so as to make it enticing to go into the Banning Way entrance and then get to the main entrance to the facility. Vice Chairman Harmony had a question regarding the letter from Walnut Valley Water District pertaining to the water capacity for the site. He asked the City Engineer where the mains would be that they would have to extend to. Mr. Kranzer suspected that there are mains on Lemon Avenue. The reservoirs are above Lemon in the hills. The fire flow is the largest problem. Their sustained fire flow requirement far exceeds the domestic use that they would have. This would be a condition that they would have to comply with if approval was granted for this project. Vice Chairman Harmony stated that he also had a concern about the neighbors privacy. He wanted to know what the view was from the windows of the rooms on the second and third floors of the motel. The applicant presented the Commission with a sketch of what the line of site was for the project. The applicant stated that people staying on the 2nd and 3rd floors will be able to see straight across but will not be able to see over a fence, into someone's backyard. Vice Chairman Harmony also asked how the buildings will appear along the roof line, whether there will air conditioning units located on top of the buildings? Ms. Ormsby stated that typically in Sleep Inns air conditioning units are not located on top of the buildings. These are centralized air conditioning systems located inside they rooms themselves. Mr. Harmony also asked for pictures of what the inside of the rooms will look like to help them'get an idea of the type of clientele this motel will attract. his. Ormsby passed brochure around to each of the Commissioners. 12 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Vice Chairman Harmony asked what conclusion had been made regarding the nursery. Secretary Tarango stated that he recalled that there were some questions on the use of the property. By code the nursery is designated as a retail site. The City is under process of reverting the piece of property to a wholesale nursery. Widening of the street will be one of the mitigating conditions. The Cal -trans issue has been discussed thoroughly. Chairman Schey stated that his main concern was whether additional access could be obtained on ,the east end of the vacant property east of the office building. He was concerned with the viability of a project on a site that is isolated between two developed sites and a freeway. Secretary Tarango stated that this would be limited to what they could provide for that piece of property. Vice Chairman Harmony asked if the City of Industry will be establishing the trucking company down by Circuit -City. He is interested in possible access. Mr. Kranzer stated that Industry has a new Cisco Wholesale Foods which is a large operation. This was a consideration when the they were discussing the truck routes in Diamond Bar. As much as they would have liked to preclude Colima. Road as being a truck route, they were precluded from doing this due to the fact that it is the most direct route to the on and off -ramps of the 60 Freeway. This is expected to be a heavy truck route. The City of Diamond Bar has adopted a commercial parking restriction on all city streets for 30 minutes. Colima Road will be posted shortly where the trucks will be prohibited from parking. There will be a tremendous trucking industry in that area. Commissioner Lin asked the applicant if the inclusion of a security guard was a standard requirement for this type of industry? Ms. Ormsby stated that this is entirely up to the owner. This is not typically done as a standard in the industry. Commissioner Lin stated that security was a econcern of the neighbors and asked how they were going to enforce this issue to guarantee that the security guard is provided. Its. Ormsby stated that if this is a concern of the City then this should be passed on to the developer to be made a requirement or a condition of the development. Those in Favor of the Project. There were none. 13 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Those in Opposition of the Proiect. Joanne Rogan, 1144 S. Crofter, is opposed to the construction of a hotel in that area. She feels that the area is primarily residential and a project such as a hotel does not conform with that area. She felt that the site is too close to two schools. She feels that there are enough hotels in this area. There will be 935 room after the Comfort Inn opens and the Shilo Inn adds 135 room nest spring. She has been told by two individuals at hotels that the Ramada Inn in Diamond Bar isjnot doing well and is not happy with its occupancy. An alternative to its marketing would be to invite truckers. She is concerned with the traffic. More accidents occur at the intersection of Lemon and Brea Canyon then appears to be reported by the Sheriff. She wanted to know if there had been a recent traffic study down for the intersection of Lemon and Colima and did that study include the presence of a hotel. Due to the fact that there will not be restaurant located at this site, the occupants will be entering and exiting the site to travel to restaurants. She does not feel that the traffic study conducted by the applicant's traffic engineer reflects the true traffic pattern. She also feels that. Colima is being visually polluted. Sunny Martindale, 1333 Rapid View Drive, stated that she is concerned with the clientele of the motel and the possible danger this might present to the neighbors' children due to the fact that the children will have to cross in front of the motel on their way to school. She spoke to the management of the several hotels and although occupancy figures are confidential, she was toldthat rooms are always available. An Assistant Manager at the Executive Suites led her to believe that their occupancy level is less than 50 percent. There was an article in the Progress Bulletin that pointed out that this area is grossly over -built with hotels and, at the present rate of occu'ancy, itwould take several vears for demand to catch-up with supply. She feels that with the lower room rates for this motel, it will serve truckers, transients and the like as stated by the applicant's market study and will attract additional 18 wheeler traffic on Colima. She would like to know the impact of low rate motels on the immediate area in which they are located, especially those in or near residential areas. Nancy Stoops, 20505 East Clear Springs Court, stated that her foremost concern is for the safety of the children in that area. She stated that there is an accident happening or almost happening every weekend. Her cul-de-sac is currently used as a turn -around point for cars. They currently have enough traffic in this area without adding to it by approving this development. 14 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Susan Green, 1230 S. Mahogany Court, stated that she submitted a petition to the Commission. She walked around the neighborhood for one hour with a petition and not one resident turned her down. Her daughter no longer walks to school due to the fact that her daughter's girlfriend was almost hit by a car while walking to school. The one accident recorded is not an accurate count of traffic accidents. She is also a corporate business person and she does not stay in hotels where the rates are $30 to $40 a night. Corporate business people normally stay $60 to $70 a night hotels. Mrs. Cleavland, 1477 Fairlance Dr., stated that she was involved in a car accident in this area in September, her sister was also in an accident on Walnut and Colima in 1988. She opposes any additional development, especially a hotel, in her neighborhood. Art Fritz, 20635 Larkstone, stated that he travels through this intersection almost daily. He suggested that a SWITRS study be obtained from the Sheriff's Department. He was concerned that even if the Commission did require the applicant to employ a security guard, if at the time the permit is pulled the applicant no longer has the funds to do so. He referred to one of the questions on the Burden of Proof which asked why this project is necessary. He indicated that the applicant stated that this project meets the needs of the area. He does not feel that the applicant has justified this statement by the materials that they have presented this evening. He asked the Commission that if they approve this project, that the zoning be rezoned to C1. Jose Balero, 1510 Gold Canyon, stated that he is opposed with the project. He is concerned with the growing trucking business that will be in the area of the Cisco Warehouse Foods. He is concerned with the visual affect of the proposed 6 foot wall along the site. He was also concerned with the invitation this motel might give to additional truckers. Jeff Sesler, 20737 Kelfield, stated that he has an expertise in lighting. In looking at the rendering of the site he does not see any lighting position and he was wondering what the site line would be like in terms of glare, light pollution, the maintained foot candle levels and what the minimum and maximum levels would be, as well as, the type of lighting the applicant was planning to use. Mr. Sesler felt that the difference between a motel project and a retail or office project would be familiarity with the roads. Travelers staying at the motel will probably not be familiar with the roads in that area. 15 DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Mike Akinson, 1313 S. Lemon, stated that he was concerned with traffic. With the new school open, traffic in the morning became very dangerous. He also stated that he works in law enforcement. The current daily expense for government employees is about $120. This breaks down to $86 a day for hotel room and $34 for meals. His experience has been that motels invite additional crime into the neighborhood due to the exclusion they provide. Anne Flesher, 20647 Larkstone, voiced her concern also the traffic. The market study stated that 64 percerjt of the hotel's occupancy will be truckers and there is certainly the market to support the $33 a night rate with the development that is taking place in the City of Industry. Public Hear was Closed. Mr. Shihoma stated that the resident's concern that the rate of $33 a night will attract truckers is not the intention of the applicant. He will be building an upper -end motel with high quality materials. He will charge whatever the market bears, if he can charge higher rates, he will. Chairman Schey stated that he is not particularly concerned with the traffic. The traffic problem already exists and will be impacted by any development that is approved for this site. He is not convinced that a hotel/motel is the best use for this site. Vice Chairman Harmony agreed with Chairman Schey's feelings that the project will not be conducive to the surrounding residences. Motion was made by Chairman Schey and seconded by. Vice Chairman Harmony to deny Conditional Use Permit and Zone Change 88-555 due to the inappropriateness of the Zone Change and Conditional Use Permit for this site. Secretary Tarango stated that the Commission needed to take three actions on this Project, the Zone Change, Conditional Use Permit and the Negative Declaration. "Motion was amended by Chairman Schey to include denial of the Negative Declaration. Secretary Tarango suggested to the Commission that they include in the motion findings to why the project was denied. 16 . ra DIAMOND BAR PLANNING COMMISSION MINUTES OF JUNE 11, 1990 Motion was amended by Chairman Schey to include denial of the Zone Change based upon the potential incompatibility with the proposed General Plan and the Conditional Use Permit based upon the inappropriateness of the project with the City Code. Mr. Curley suggested that staff review the minutes of the meeting and with the Commission's consensus prepare a resolution to be brought back to the next meeting for the Commissions review and approval. Vice Chairman Harmony was concerned with what this will do to the public review process. There is a motion on the floor and it will be delayed by a formal resolution to justify the Commission's action. He objected to postponing the decision. Mr. Curley stated that the decision made tonight will be the formal decision and the resolution that will be brought back at the next Planning Commission meeting will only be the action in writing including the findings. Vice Chairman Harmony seconded the motion as amended. Chairman Schey called for a vote: AYES: Chairman Schey and Vice Chairman Harmony NAYES: Commissioner Grothe ABSTAINED: Commissioners MacBride and Lin ANNOUNCEMENTS: Vice Chairman Harmony stated that when he reviewed the Economic Feasibility Study every page was marked confidential. He does not want to review any document +s, pertaining to development projects, which are not available to the public for review. Commissioner MacBride asked if Vice Chairman's standpoint on confidential documents was within his legal realms? Mr. Curley stated that generally any documents submitted as part of the review will become available to the public. Once the applicants have submitted documents as part of their application package they have taken away any confidentiality that the document might have had. 17 .W, M _ mli MGM MMI I 2 ELEVATIONS Sao N N lu NOPE: «.wuE.mwM xwpre�r a M rxo.Ea. :.:ua wu�wv txua xaw caw aao � wrwuo wv wu e[�wrr a•nveu mcc x .�u wmc�.wowue�.0 oewwrowu. xnau.c.wwicxarnua a PRELIMINARY PLANT LEGEND TREES BRACHYCHITON POPULNEUS BOTTLE TREE COCOS PLUMOSA QUEEN PALM CUPANIOPSIS ANACARDIOIDES CARROTWOOD TREE LAGERSTROEMIA INDICA CRAPE MYRTLE LIQUIDAMBAR STYRACIFLUA AMERICAN SWEETGUM MAGNOLIA GRANDIFLORA SOUTHERN MAGNOLIA NERIUM OLEANDER (STANDARD) OLEANDER TREE PINUS"CANARIENSIS CANARY ISLAND PINE PODOCARPUS GRACILIOR FERN PINE SEQUOIA SEMPERVIRENS COAST REDWOOD TRISTANIA CONFERTA BRISBANE BOX WASHINGTONIA ROBUSTA MEXICAN FAN -PALM SHRUBS" ABELIA GRANDIFLORA GLOSSY LEAF ABELIA AGAPANTHUS AFRICANUS LILY -OF -THE -NILE CARISSA GRANDIFLORA 'TUTTLEI' DWARF NATAL PLUM HEMEROCALLIS HYBIRD DAYLILY JUNIPERUS•CONFERTA SHIORE JUNIPER LIRIOPE MUSCARI BIG BLUE LILY TURF MOREA BICOLOR FORTHNIGHT LILY NANDINA DOMESTICK HEAVENLY BAMBOO PITTOSPORUM TOBIRA 'WHEELER'S DWARF' WH'EELER'S TOBIRA PITTOSPORUM VARIEGATA VARIGATED TOBIRA PHOTINIA FRASERI -PHONTINIA RHAPIOLEPSIS INDICA INDIAN HAWTHORN TUPIDANTHUS.CALYPTRATUS TUPIDANTHUS ''TRACHELOSPERMUM JASMINOIDES STAR JASMINE XYLOSMA CONGESTUM XYLOSMA NouO OCOVER,. y GAtA A 'MITSUWA YELLOW' YELLOW GAZANIA HERE .,HELIX ENGLISH IVY - s• r. k Submitted to Dr. Chen -Hua Wang Tritech Associates, Inc. 735 N. Emerson Ave., Suite 200 Monterey Park, CA 91754 Prepared by: Traffic Safety Lingineers 3100 Ma rywood Drive Orange, CA 92667 (714) 974-7863 TRAFFIC IMPACT ANALYSIS FOR MOTEL DEVELOPMENT 1035 112 BANNING WAY WALNUT, CALIFORNIA Project No. 88555 l January, 1989 March, 1989 (revision no. 1) t As part of the planning process, Tritech Associates, Inc. -has asked TRAFFIC SAFETY ENGINEERS to conduct a traffic impact analysis for the proposed motel development in the unincorporated area of Walnut. This traffic report contains "project description; documentation of existing traffic and roadway conditions, traffic generated by the project, districtuion of the the project traffic to roadways outside the project site; an analysis of the extent to which the project traffic will alter the existing traffic patterns in the vicinity of the project site and recommendation of mitigation measures, if any, to improve traffic circulation. 1. PROJECT LOCATION AND DESCRIPTION The proposed motel development will occupy approximately 2.32 acres of land situated at the northwest corner of Colima Road and Banning Way (see Figure 1). Except -for the existing small storage building, the project site is presently vacant. The proposed project site plan calls for a motel with 100 guest rooms. Access to the project site will be provided by a driveway on Colima Road. A second driveway is also, available on Banning Wayi . A copy of the project site plan is shown in Figure 2. - 1 - M t ' FIGURE 1 PROJECT SITE VICINITY MAP - 2 - ✓� .✓ ,fit. \' S � Y •'1 �I j i. `i 74 Oil 1p Ile n: unLL.1 r"'.�rL b+ otwrawc� �toa- FIGURE 2 wd PROSECT SITE PLAN 2. SURROUNDING STREET CONDITIONS The roadways that will be mostly utilized by the project development are Colima Road, Banning Way, Brea Canyon Road and Fairway Drive. Regional access,is provided by the Pomona Freeway, located immediately north of the project site. In the vicinity of the project site, the following roadway conditions exist. Colima Road: It is an east -west major highway, carrying 14,000 vehicles daily. Colima Road provides for two lanes of traffic in each direction, with separate left -turn pockets at crossing intersections. Development along Colima Road consists of a mixture of office and commercial uses on the north side and primarily of residential use on the south side. Its intersections with Pomona ;Freeway eastbound ramps and Lemon Avenue are controlled by traffic signals. Brea Canvon Road: This major roadway provides two lanes of travel for both northbound and southbound traffic. The average daily traffic volume along this facility is 15,000 vehicles. Development along Brea CAnyon Road consists primarily of residential use south of Colima Road. However, it consists of a mixture of commercial and industrial uses north of Colima Road. Its intersections with the westbound ramps of Pomona Freeway and Colima Road are controlled by traffic signals. 4 - t Banning Way: It is a cul-de-sac street serving the office complex on the east side and the project site and a nursery on the west side. Its intersection with Colima Road is controlled by a stop sign. Fairway Drive: It is a four -lane north -south major street with separate left -turn pockets at crossing streets. The average daily traffic volume along this roadway is 16,000 vehicles. North of Colima Road, development along Fairway Drive consists primarily of industrial use. South of Colima Road, its land use changes into primarily residential development. 3. TRAFFIC VOLUME SURVEY Traffic volume counts play a key role in the planning, .design and operation of a transportation system. They provide essential information for identifying locations where traffic providing an important parameter used when evaluating improvements and recommendations. Review of the configuration of the street network and the existing traffic circulation patterns indicate that traffic impacts from the project, if any, will be most directly encountered at the intersections of Colima Road and the Pomona Freeway eastbound. ramps, Colima Road and Brea Canyon Road, Brea Canyon Road and the Pomona Freeway westbound ramps, Colima Road and Lemon Avenue, Colima Road and Fairway Drive, and Fairway Drive and the Pomona Freeway ramps. To accurately assess potential project traffic impacts through the utilization of - 5 - intersection capacity analysis technique, up-to-date peak hour traffic turning movement counts were collected at these locations(see Appendix A). 4. PROJECT TRAFFIC IMPACT A. Trip Generation In order to analyze the traffic impacts associated with the project, it is necessary to estimate the volume of traffic that would be generated. Significant research efforts have been made by Caltrans, the Institute of Transportation Engineers, and the Federal Highway Administration to establish the correlation between trips and land use. From this body of :information, trip generation rates can be estimated with reasonable accuracy for various land uses. Trip generation rates for all land uses are expressed in terms of either vehicle trip ends per person, vehicle trip ends per acre of land, or vehicle trip ends per 1,000 square feet of floor area. Vehicle trip ends are one-way vehicular movements either entering or exiting the development at the project driveways. The traffic generated by the project is determined by multiplying an appropriate trip generation rate with the quantity of land usage. For example, if a particular land use generates sixty inbound trip ends per 1,000 acres in the 0 0 morning peak traffic hour, then sixty vehicles are expected to arrive in the morning peak traffic hour for each 1,000 acres of development. Table A, below, summarizes traffic generation forecasts on an A.M. peak traffic hour, P.M. peak traffic hour, and a daily basis for the proposed motel development. Land Use ; ;Generation Rate Motel (Trips/room) ;Traffic Generated Motel (100 rooms) TABLE A TRAFFIC GENERATION FORECASTS Daily ; AM Peak Traffic Hour PM Peak Traffic Hour; Traffic ; ;Inbound:Outbound;Total;Inbound;0utboud;Total; , 10.19 0.26 ; 0.44 0.70; 0.32 0.31 0.63: ; , 1,019 26 44 70 ; 32 31 63 Source of Generation Rate: Trip Generation, 4th Edition, Institute of Transportation Engineers, 320 (Motel). - 7 - B. Traffic Distribution and Assignment The orientation of the additional traffic that would be generated by the proposed development was estimated based on: 1. Demographic characteristics in this commercial portion of Walnut. 2. Existing traffic turning movement characteristics in the immediate vicinity of the project site. 3. Configuration of the nearby street network and traffic circulation patterns. From these combined data sources, it was estimated that the percent. split of trips, by direction are shown in Figure 3. In order to quantify the resultant impact on the surrounding street systems, project traffic volumes are distributed and assigned as turning movements at the intersections of Colima Road and the Pomona Freeway eastbound ramps, Colima Road and Brea Canyon Road, Brea Canyon Road and the Pomona Freeway westbound ramps, Colima Road and Lemon Avenue, Colima Road and Fairwav Drive, and Fairway Drive and the Pomona Freeway ramps (see Figure 4). The configuration of the street network and the existing traffic circulation patterns indicate that any project traffic impacts will be most directly encountered at these locations. MM FIGURE 3 PROJECT TRIP DISTRIBUTION 9 _ FIGURE 4 P,M, PEAK PROJECT TRAFFIC TURNING` MOVEMENTS —lo— f r C. Traffic Impact -Analysis The preceding sections have estimated the vehicle trips from the proposed motel development and assigned them to -the surrounding street systems. This section will investigate the extent to which the project traffic will impact the critically affected intersections mentioned in the previous section. In order to analyze the ability of these intersections to accommodate the project traffic, the Intersection Capacity Utilization (ICU) technique was utilized. ICU is based on the "sum of critical lane volumes" for key conflicting movements. Another term "Level of Service" is used in conjunction with street capacity analysis studies. Since the traffic flow on a street is of a dynamic -nature and changes from minute to minute, the "Level of Service" becomes a good tool to interpret many traffic phenomenal which may have lacked an adequate explanation before. Level of Service is a relative measure of driver satifaction which ranges I from A (free flow; volume -to -capacity ratio less than 0.60) to F (traffic jam; volume -to -capacity ratio value in excess of 1.0). Level of Service D (volume -to- capacity ratio of 0.81 to 0.90) is traditionally considered the acceptable level for urban peak traffic hour conditions. Level of Service E (volume -to -capacity ratio of 0.91 to 1.00) is the maximum traffic volume a r facility can accommodate and will be characterized by a long queue of waiting vehicles and requiring two or more signal cycles to clear. Exhibits 1 through 7 show the detailed volume -capacity ratio and level of service calculations for existing traffic and existing traffic plus project traffic respectively during the worst peak traffic hour (evening commuter traffic period) for the signalized intersections of Colima Road and the Pomona Freeway eastbound ramps, Colima Road and Brea Canvon Road, Brea Canyon Road and the Pomona Freeway westbound ramps, Colima Road and Lemon Avenue, Colima. Road and Fairway Drive, and Fairway Drive and the Pomana Freeway ramps. These calculated volume -capacity ratios and level of services are re -outlined in Table B on the following page for comparison: TABLE B -13- Existing Plus ;Existing 1 Traffic 1 Project Traffic I I 1Level Critical Location � Volume - ; Level Volume - Capacity ' of ;Capacity of Service Ratio Service Ratio 1 , 1 Colima Road & 1 B , 1 1 0.70 C 0.72 , Pomona Fwy/EB Ramps ' , Colima Road & 1 D ; 0.81 D 0.81 Brea Canyon Road 1 1 ' Brea Canyon Road & � B 066 . B 0.66 I Pomona Fwy/WB ramps: 1 Colima Road& A 0.60 B 0.61 1 Lemon Avenue Colima Road & C 1 ; 0.7 4 I ; C ; ' 0.74 1 1 Fairway Drive , ' Fairway Dr & I A , i ' 0.47 A 0.47 ;Pomona Fwy EB Ramps I I , Fairway Dr & I A 1 0.52 A i 0.53 ;Pomona Fwy WB Ramps , 1 -13- Cs Exhibits 8 through 14 show the traffic level calculations for all the affected signalized locations using a 10 percent yellow clearance interval as suggested in the review/comment letter dated March 3, 1989 from the Los Angeles County's Trafic Studies Section. These calculated level of services are re -outlined in Table C below for comparison. TABLE C Existing Plus ; Existing Traffic ; Project Traffic ; Critical Location ; Level ; Volume-; Level Volume- ; of ;Capacity; of ; Capacity ; ;Service Ratio Service ; Ratio ; Colima Road & ; C 0.80 D 0.82 Pomona Fwy/EB Ramps; ; Colima Road & ; E ; 0.91 E 0.91 Brea Canyon Road ; Brea Canyon Road & ; C 0.76 C 0.76 Pomona Fwy/WB ramps ; Colima Road & ; B 0.70 C ; 0.71 Lemon Avenue ; Colima Road & D 0.84 ; D 0.84 ; Fairway Drive , Fairway Dr & A 0.57 ; A ; 0.57 ; ;Pomona Fwy EB Ramps Fairway Dr & ; B ; 0.62 B 0.63 ; ;Pomona Fwy WB Ramps ; , an either be assumed to be completely The yellow clearance time c used and no penalty applied, or it can be assumed to be only partially usable. Total yellow clearance time accounts for less than 10 percent of a cycle, and a penalty up to.five percent is reasonable. On the other hand, during peak hour traffic operation, the yellow clearance times are nearly completely used. If there are no left -turn phases, -the left -turn vehicles completely use the yellow time. If there are left turn phases, the through traffic continues to enter the intersection on the yellow until just a. split second before the red. Lastly, the capacity flow rate of 1600 vehicles per hour per lane utilized for this project analysis has been assumed as a generalized average rate for capacity analysis in signalized locations. In recent years, it has been found that this traffic flow rate is no longer acceptable in highly urbanized signalized intersections where traffic lane capacity can reach as high as 2000 vehicles per hour. To substantiate such findings, field surveys were conducted at some of the major signalized locations during peak traffic hours. our field data indicates a capacity flow rate of 1800 vehicles per hour per lane or more. However, a low conservative rate of 1600 was utilized for this project traffic impact analysis. -15- Exhibits 15 through 21, show the traffic level calculations based on a 2% annual traffic growth as recommended by the Los Angeles County's Traffic'Studies Section. These traffic level calculations are re -outlined below in -Table D for comparison: TABLE D Existing Plus ; ;Existing 1 Traffic ; Project Traffic ; Critical Location ' ; Level Volume-; ; Volume-; Level ; ; :Capacity: Capacity; of Capacity Service ; Ratio ; Service Ratio 1 I Colima Road & 1 ; D t I 0.81 f D ; I 0.83 Pomona Fwv/EB Ramps; I I , , ' Colima Road & E . 094 ; I E ; 0.94 ' Brea Canyon Road I I , I Brea Canyon Road & C ; I 0.77 , C 0.78 Pomona Fwy/WB ramps I ; , I Colima Road & C 0.71 C 0.72 Lemon Avenue ; Colima Road & ; D 0.86 D 0.86 Fairway Drive I 1 , ; , ' Fairway Dr & 1 ; A � 0.57 1 1 A ; 0.58 ;Pomona Fwy EB Ramps I , I , 1 ' Fairway Dr & ; B 1 0.63 I 1 B , 0.64 ' ;Pomona Fwy WB Ramps 1 1 , 1 5. other Relevant Projects The Department of Regional Planning, Los Angeles County and the City of Industry provided a list of projects within an area of influence of the proposed project which have either been approved or are pending for approval. A list of these projects is presented in Table -E, below, and the locations of these projects are illustrated in Figure 5. TABLE E Other Relevant Projects Map :Reference unty : Project Location Description Code : Number 40,000 ft. of ' sq • ` :N.W. corner of ' A 87411 ;Colima & Lemon : commercial 255 condominiums :W. side of Brea : B : 86147 ;Canyon, N. of : 80 homes ;Pathfinder ; 2.60 acres of business :N.E. corner of : -- C 87120 Fairway &Walnut : park : 6.3 acres of commercial/: ;850 Brea Canyon, : D 88087 :between Pomona professional :Frw� & Lycoming ' ' :Colima, 1/4 mile : 121 unit motel ' E : 87052 :w. of Brea Canyon: :N.W. corner of : 130,000 sq. ft. of F :Fairway & Colima : ccmyercial Fairway:Between Fairway : 675,000 sq. ft. of Business :& '& Lemon, N. of : business park , o' Park o :railroad -17- I /�� /j `�� There are 7 related projects in the vicinity of the proposed project. The total traffic expected to be generated by these projects is summarized in Table F below: TABLE F Trip.Generations for Other Relevant Projects County ; Daily P.M. Peak Hour Project ; Trips ; Number ; ; Inbound Outbound ; Total 87411 ; 4716 231 232 463 , I 86147 ; 2300 ; 147 76 223 I , 1 I I ; 1 I 87120 ; 154 ; 6 ; 22 ; 28 I t i ; 88087 1260 ; 24 ; -136 160 1 , 1 , t , 1 87052 : 1230 38 ; 38 76 ; , I I , I I I , I ;N.W.corner: ' :of Fairway 14150 700 : 700 ; 1400 I :& Colima , I Fairway ' 130 863 993 Business : 7700 : Park ' TOTAL : 17370 : 1276 2067 : 3343 - 19 - I Traffic expected to be generated by the 7 related projects was added to the existing and proposed project level (See Exhibits 22 through 28) to develop estimates of cumulative traffic levels which are re -outlined in Table G below for comparison: TABLE G Existing Plus Other ' Traffic Relevant Project Critical Location ; Level volume - of Capacity Service Ratio Colima Road & ; F 1.08 Pomona Fwy/EB Ramps; Colima Road & E 0.94 ;Brea Canyon Road , , Brea Canyon Road & C 0.86 Pomona Fwv/WB ramps; , , Colima Road & E 0.99 Lemon Avenue ; ; Colima Road & ; F ; 1.02 ; ` Fairway Drive , , Fairway & C ; 0.75 ; ;Pomona Fwy EB Ramps , Fairway & , F 1.03 Pomona Fwy WB Ramps , � � d 6. On -Site Traffic. Conditions The internal traffic circulation to the proposed project site has been found to be satisfactory after review and evaluation from a traffic flow and safety standpoint. To discourage potential speeding through the long traffic corridor adjacent to the west property line, midblock stop signs are highly recommended between the two 2 -story buildings. Due to the close proximity between the proposed project driveway on Colima Road and Banning Way, it is recommended that both the ingressing and eggressing project traffic at this deivewa_y be restricted to right turn movements only. Such restriction can be accomplished by either or combination of the following actions: a. Post a "RIGHT TURN ONLY" sign and paint a right pavement arrow at the project driveway. b. Modify the existing double -yellow centerlines on Colima Road between Banning ,Way and the proposed project driveway into a "double -double" yellow cenerlines. C. Replace the existing painted centerlines on Colima Road with a raised concrete median. - 21 - 7. Findings and Recommendations Street capacity analysis and assessment of the impact of traffic generated by the proposed motel project upon the existing roadway system in the immediate vicinity of the project site indicate the following findings and recommendations: A. Less than 2 vehicle trips,during the worst P.M. peak traffic hour will be generated by the project. This extremely small added project traffic will not produce a significant impact on the existing roadway conditions. However, it should be noted that even with the absence of the project traffic, the intersection of Colima and Brea Canyon is presently operating at a poor "E" level of service. B. With the cumulative traffic from all the nearby relevant projects (either approved or pending for approval), the following signalized locations will be experiencing "E" and "F" level of services: i. Colima and 60 Freeway/EB ramps ii. Colima and Brea Canyon. iii. Colima and Lemon. iv. Colima and Fairway. V. Fairway and 60 Freeway/WB ramps. - 22 J' 7. Findings and Recommendations Street capacity analysis and assessment of the impact of traffic generated by the proposed motel project upon the existing roadway system in the immediate vicinity of the project site indicate the following findings and recommendations: A. Less than 2 vehicle trips,during the worst P.M. peak traffic hour will be generated by the project. This extremely small added project traffic will not produce a significant impact on the existing roadway conditions. However, it should be noted that even with the absence of the project traffic, the intersection of Colima and Brea Canyon is presently operating at a poor "E" level of service. B. With the cumulative traffic from all the nearby relevant projects (either approved or pending for approval), the following signalized locations will be experiencing "E" and "F" level of services: i. Colima and 60 Freeway/EB ramps ii. Colima and Brea Canyon. iii. Colima and Lemon. iv. Colima and Fairway. V. Fairway and 60 Freeway/WB ramps. - 22 The long-range mitigating measures would be to provide a six -lane facility for Colima Road and also to provide Pomona Freeway access for Lemon Avenue. Implementation of these mitigating measures would undoubtedly improve the level of services for these locations to D or better (see Exhibits 29 through 33). Widening of Colima Road to accommodate six traffic lanes would require some street widening as well as elimination of curbside parking. Caltrans does not have any plans to provide ramp access at Lemon Avenue. To expedite the construction of this ramp access, both local agency and private funding sources are needed. _23_ u Exk1b1+ 8 _ . RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING ISSUANCE OF A MITIGATED NEGATIVE DECLARATION, APPROVAL OF ZONE CHANGE NO.90-0036 AND DEVELOPMENT AGREEMENT NO.1 (1990) TO CHANGE A M -1 -DP -BE ZONE DESIGNATION TO A C-1 ZONE AND FOR THE DEVELOPMENT OF A 3 STORY HOTEL, APPROXIMATELY 24,000 SQ. FT. MIXED RETAIL, AND ONE RESTAURANT ON A 7.54 ACRE SITE LOCATED AT BREA CANYON ROAD AND STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Cahan/Crisell Properties on behalf of Louis Marcellin, Walnut, California, has heretofore filed an application for approval of a Zone Change No.90-0036 and Development Agreement No.1 (1990) as described in the title of this Resolution. Hereinafter in this Resolution, the subject Zone Change and Development Agreement No.1 (1990) are referred to as "the application". (ii) On August 13, 1990 the Planning Commission of the City of Diamond Bar, conducted a duly noticed public hearing on the 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, itiis found, determined and resolved by Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above -referenced public hearing on August 13, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: located at Brea( h CanyonRoadpandathenSRp60 Freeway plies to rwith ta gross area of 7.54 acres and is currently developed with a recreational vehicle sales and storage facility; and (b) The properties to the north of the subject site are developed with single family and multiple family residences and also an AM/PM Mini Mart, located to the south of the site ties the 5R 60 Freeway, the property to the east is residential and is developed with single family residences, and the properties to the west are developed with single family residential homes and a day care center; -and (c) The subject property consists of a recreational vehicle sales and storage facility and is surrounded by commercial and high density residential land uses; and (d) The site is sufficient in size and can provide adequate ingress and egress to allow commercial development in character with surrounding current land uses; and (e) Hours of operation are proposed to be between 6:00 a.m. to 1:00 a.m. with the exception of the hotel which will remain open 24 hours daily; and (f) There is adequate space to provide all the parking necessary based on gross floor area. 3. Based upon substantial evidence presented to this Commission during the above -referenced August 13, 1990 public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed application is in accord with the proposed General Plan, the objectives of the Community Plan and is compatible with land uses surrounding said site. ! (b) That the proposed application, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (c) That the application complies with all applicable provisions of the City Planning and Zoning Code. 4. This Commission hereby recommends that the City Council find and certify that the project has been reviewed and considered in compliance with the California Environmental Duality Act of 1970 and, further, herebv issue a Negative Declaration with conditions. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval afi the application for Zone Change and Development Agreement subject to the following restrictions as to use and standard conditions as contained in attachment to this document and marked Exhibit "A", Development Agreement No.1, and Exhibit "B", an ordinance Approving Development Agreement No.1 as referenced here: Planning Commission Recommended Conditions 1) This approval recommendation shall apply to the Zone Change No. 90-0036 for approval of a C-1 Zone designation, restricted commercial and, •for development of a 135 room hotel, 24,000 square feet of retail space, and one restaurant totaling 5,000 square fleet. A. The hours of operation shall be limited to 6:00 a.m. to 1:00 a.m. for the general center with the exception of the hotel which will provide 24 hour operation. B. Landscaping must be approved by the Director of Parks and Maintenance and shall be maintained by applicant. 2) The Development Agreement will expire, unless extended by the City Council, on December 31, 2016, so long as the Developer remains in material compliance with the Development Agreement, as from time to time amended. 3) Occupancy of the facilities shall not commence until such time as all Uniform Building Code, State Fire Marshall's regulations, and the Los Angeles County Department of Health Services regulations have been complied with. 4) No signs are approved as part of this recommendation and must be rieviewed as part of a separate application. 5) Parking and landscaping must be provided as approved and shall be in compliance with City requirements. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST, 1990. PLANNING COMMISSION OF THE CITY OF DIAMOND BAR BY: David Schey, Chairman ATTEST: Irwin Kaplan, Secretary i, Irwin Kaplan, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the.27th day of August, 1990, by the following vote -to -wit: AYES: [COMMISSIONERS:1 NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] �X1�rbCf NEGATIVE DECLARATION ZONE CHANGE 90-0036 CONDITIONAL USE PERMIT 89-440 EXPLANATION OF ENVIRONMENTAL CHECKLIST RESPONSES 1. Earth. (A,B,C,D,E,F,G} ITEMS CHECKED "NO" Construction of the proposed project will a limited amount of grading and earthwork and disruption to soil conditions. The proposed grading will incrementally increase the potential for erosion due to wind and water during the construction. 2. Air. (A,B,C) ITEMS CHECKED "NO" Due to the nature of the project and the use that it will replace, the amount of dust generated will substantially decrease. The added generation of exhaust fumes as a result of the project will be largely offset by the improved efficiency of traffic flow on surface streets and the Brea Canyon Rd and Lycoming St. intersections. 3. Water. (B) ITEMS CHECKED "YES" The majority of the site is unpaved presently but the proposed project will establish a significant amount of impervious materials which will create drainage volumes to exceed current drainage volumes, 3. Water. (A,C,D,E,F,G,H,I) ITEMS CHECKED "NO" Although drainage volume and patterns will be altered, the project will not cause an excess of current carrying capacities. Additionally, the project will not affect water resources in the area. 4. Plant Life. (A B,C,D) ITEMS CHECKED "NO" Due the lack of existing natural plant life, the project will not have a negative effect on natural habitat but rather will introduce more plant species in the area through implementation of the landscape plan. 5. Animal Life. (A B,C,D) ITEMS CHECKED "NO" The proposed development will not impact animal life. Due to the urban nature and previous development, no endangered animal or species are located on the site. 6. Noise. (A,B). ITEMS CHECKED "NO or POSSIBLY" The possibility of the project creating an addition to the current noise levels produced chiefly form the SR 60 FRWY are very slight. The only perceived increase may occur chiefly during the short term of the construction and grading phase of the project. 7. Light and Glare. ITEMS CHECKED "YES" The project will introduce new sources of light to the project site. The project will however not create any significant new light spillage offsite. 8. Land Use. ITEMS CHECKED "YES" The proposed project is a substantial intensification of the present land use. The zone change allows for the site to be developed to its highest and best use. 9. Natural Resources. ITEMS CHECKED "NO" The project will not deplete any nonrenewable natural resources although electricity and water consumption will increase over present levels. 10. Risk of Upset. ITEMS CHECKED "NO" The project does not propose the use of any hazardous materials. There will be compressed liquids used at the restaurants but the likelihood of explosions is virtually none. 11. Population, ITEMS CHECKED "NO" Due to the nature of the project, little or no impacts to the location, distribution, density or growth rate of the human population are anticipated, 12. Housing. ITEMS CHECKED "NO No additional demands for the creation of new housing is anticipated. i 13, Transportation/Circulation (A,B,D,FZ ITEMS CHECKED "YES" The project proposed will significantly increase the number of trips beyond the current levels, the need for parking onsite, the number of hazards present to motor, vehicle, and pedestrian traffic, and present patterns Of circulation will be altered. 13. Transportation/Circulation (C,E) ITEMS CHECKED "NO" There will no substantial negative impact to the existing traffic systems or to waterborne, air, or rail traffic. Instead, with the implementation of the mitigation techniques, the existing traffic situation will maintain current levels of service or actually improve. 14. Public Services. ITEMS CHECKED "NO" Due to the nature of the project and the improvements provided by the applicant, the project will not interfere with the level of service maintained by the fire and sheriff departments, school or recreational facilities. 15. Energy. ITEMS CHECKED "NO" The nature of the project is such that the demand for energy will not require the development of energy sources other than current sources. 16. Utilities. ITEMS CHECKED "NO" No substantial alterations to existing utilities will be required to proceed with this project. 17. Human Health. ITEMS CHECKED "NO" The scope of the project does not anticipate the use of any chemicals or equipment which might be injurious to the health and safety of resident or surrounding property owners. 18. Aesthetics. ITEMS CHECKED "NO" The project will not obstruct any scenic vista or view open to the public. 19. Recreation. ITEMS CHECKED "NO" The project will not create the need for, or adversely affect existing recreational facilities. 20. Cultural Resources. ITEMS CHECKED "NO" No impacts to cultural resources are anticipated with project development, due to the current development status of the site. MITIGATION MEASURES Noise Construction hours are limited to the hours of 7 a.m. to 6 p.m. Monday through Friday. No construction will be allowed on weekends or federal holidays. The center is scheduled to operate from 6 a.m. to 1 a.m. with the exception of the Fairfield Inn which operates 24 hours per day. Light and Glare Non -glare producing glass will be implemented throughout the center for restaurant, retail, and the hotel uses. Also, an eight foot wall and 24" box trees will further reduce light spillage from the project into the residences to the north. Traffic The traffic signal for State Route 60 off -ramp must be modified to provide a left turn phase for traffic turning onto the freeway and a right turn phase for traffic turning of the freeway, This improvement will provide for signal system operation and also improve the Level of Service to Level D. A third lane should be stripped southbound on Brea Canyon Road from the project entrance to the SR 60 ramp intersection. This lane would turn right; onto the freeway westbound. The traffic signal existing at Brea Canyon and Lycoming St. must be modified to provide left turn signals for northbound and southbound. The level of traffic forecasted for the site would still require a traffic signal at the main access to allow left turns onto Brea Canyon Rd.