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Next Resolution No. 91-11
Next Ordinance No. 1(199 1)
STUDY SESSION
5:30 p.m. to 6:00 p.m. - General Plan Presentation By The Planning Network
CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MPT/Forbing
ROLL CALL: COUNCILMEN NARDELLA, PAPEN, KIM, 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 Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five minute maximum time limit when addressing
the City Council.
CONSENT CALENDAR: The following items listed on the Consent Calendar are considered
routine and are approved by a single motion.
SCHEDULE FUTURE MEETINGS -
A. Planning Commission - March 11, 1991 - 7:00 p.m., W.V.U.S.D. Board
Room, 880 S. Lemon Ave.
B. Parks and Recreation Commission - March 14, 1991 7:00 p.m., City Hall,
21660 E. Copley Dr., Suite 100
C. Traffic and Transportation Commission - March 14, 1991 - 6:00 p.m.,
Community Room, 1061 Grand Ave.
D. City Council Meeting March 19, 1991 - 6:00 p.m., W.V.U.S.D. Board Room,
880 S. Lemon Ave.
2. APPROVAL OF MINUTES - Regular Meeting of February 19, 1991.
CITY COUNCIL AGENDA PAGE 2 MARCH 5, 1991
WARRANT REGISTER - Approve Warrant Register dated March 5, 1991 in the
amount of $489,423.06.
4. TREASURERS REPORT - Approve Treasurer's Report for the Month of January,
1991.
5. PLANNING COMMISSION MINUTES - Receive and file Planning Commission
Minutes of January 28, 1991 and February 11, 1991.
6. TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Receive and
file Traffic and Transportation commission Minutes of January 10, 1991.
7. DENIAL OF CLAIM - Claim filed January 29, 1991 by Martha Plascencia.
Recommended Action: Deny claim.
8. BOND EXONERATION - L.A. County Department of Public Works requested
exoneration of the following surety bond: Bond No. 83 SB 100 327 663, Street Tree
Improvements, Tract No. 42572 vicinity of Highcrest Dr. and Armitos Pl. City
Engineer has reviewed and approves.
Recommended Action: Approve work completed, exonerate the Surety Bond and
direct City Clerk to send Council action to principals involved.
9. BOND EXONERATION - Grading work has been completed at 2053 Rusty Spur
Road, Lot No. 115, Tract No. 30091. The City Engineer is recommending
acceptance of the work and release of Bond No. 112 68 66 in the amount of $5,710.
Recommended Action: Approve work completed, exonerate Surety Bond and direct
City Clerk to send Council action to principals involved.
10. RESOLUTION NO. 91-I1: A 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
131-57. Proposed annexation of territory not presently part of County Lighting
Maintenance District 10006 and County Lighting District LLA -1. The public interest,
convenience and necessity requires the maintenance of the street lighting system
located within said territory.
Recommended Action: Adopt Resolution No. 91-11 granting consent and jurisdiction
to the County of Los Angeles to annex this area to the subject lighting districts.
CITY COUNCIL AGENDA PAGE 3 MARCH 5, 1991
11. TRAFFIC SERVICE CONTRACT - Due to present staffing levels„ it is necessary
to contract for services with firms specializing in traffic and transportation matters.
On February 4, 1991, staff sent RFQs to several qualified traffic engineering firms.
The selection committee composed of staff reviewed the proposals and interviewed
three firms. It is staffs recommendation that the City contract with DKS Associates
and Warren Siecke for traffic and transportation engineering for a period of one year
in an amount not to exceed $75,000.
Recommended Action: Award contracts for professional traffic and transportation
engineering services to DKS Associates and Warren C. Siecke for a period of one
year.
12. LIGHTING & LANDSCAPE ASSESSMENT DISTRICT CONTRACT During
the months of January and February 1991, staff requested engineering consulting firms
providing assessment district services to submit proposals to assist staff in preparation
of a report for Landscape and Lighting Act of 1972 assessments. Upon review of the
proposals, staff determined that ALL Consultants, Inc. were the most qualified at
costs not to exceed $12,500 in fiscal year 1991-1992; $6,750 in fiscal year 1992-93
and $7,100 in fiscal year 1993-94.
Recommended Action: Award the engineering contract for preparation of the
Engineer Is Report, under provisions of the Landscaping and Lighting Act of 1972
as amended in 1979 and requirements of the County Auditor/Controller, to ASL
Consultants, Inc. and authorize staff to enter into a three-year contract.
13. SLURRY SEAL AWARD - At the February 5, 1991 meeting, Council approved
plans and specifications for 1990-91 Slurry Seal Improvement Programs and
authorized staff to advertise the project and receive bids. Formal bids were received
on February 26, 1991 from five contractors. The low bid received was from IPS
Services, Inc. in the amount of $123,094.18.
Recommended Action: Award bid to IPS Services, Inc. in the amount of
$123,094.18 for application of slurry seal to the residential streets, replacement of all
striping, legends, markings, and reflectorized delineators including the reflectors for
fire hydrants in Area 1.
SPECIAL PRESENTATIONS - Proclamations, certificates, etc.
14. CERTIFICATE OF APPRECIATION - Presentation of Certificate of Appreciation
to the Diamond Bar Girls Softball League f or the donation of bleachers at Carlton
J Peterson Park.
15. PROCLAMATION - Proclaiming the month of March, 1991 as "AMERICAN
RED CROSS MONTH."
CITY COUNCIL AGENDA PAGE 4 MARCH 5, 1991
16. PROCLAMATION -Proclaiming March 15, 1991 as "PEACE CORPS DAY."
17. PRESENTATION - Presentation by John Jaquess, representing Cajon Pipeline
Company, regarding proposed oil pipeline project utilizing Grand Ave. to deliver
crude oil between Kern County, Santa Barbara and L.A. County.
18. ORDINANCE NO. 8A (1990) - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 3203 AND 3204
OF TITLE 26 (BUILDING CODE) OF THE LOS ANGELES COUNTY
CODE, AS HERETOFORE ADOPTED, PERTAINING TO ROOF
COVERING REQUIREMENTS. Due to concerns expressed by the L.A. County
Fire Department, changes have been made to Ordinance No. 8A (1990).
Recommended Action: Approve for 1st reading by title only, and waive further
reading.
19. WATER CONSERVATION EFFORTS - Update by Parks and Maintenance
Director Charles Janiel regarding water conservation efforts made by the City.
Recommended Action: Receive and file.
20. MISSION STATEMENT - Discussion of draft statement.
Recommended Action: Direct staff as necessary.
PUBLIC HEARING - 7:00 p.m. or as soon thereafter as the matters can be heard.
21. TENTATIVE TRACT MAP 47722/CUP/OT 89-338 -Request to allow a
subdivision of an existing nineteen (19) acre parcel into thirteen (13) residential lots,
a Conditional Use Permit (CUP) for hillside management review and review of an
Environmental Impact Report.
Recommended Action: Receive staff report, take public testimony and continue
public hearing to March 19, 991.
ANNOUNCEMENTS - This time is set aside for any city councilmember to direct staff regarding any
matters to be discussed at the regular meeting.
CLOSED SESSION
Property Acquisition Section 54956.
Personnel - Section 54957.6
Litigation - section 54956.9e -
ADJOURNMENT - 7.39 p.m.
MINUTZ5 Ole' Tiiz c=TY ca vrroxx.
r
REGULAR MEETING OF THE CITY OF DIAMOND BAR
FEBRUARY 19, 1991
CALL TO ORDER: M/Werner called the meeting to order at 6:02
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: Councilmen Nardella, Papen, and Kim, Mayor Pro Tem
Forbing, Mayor Werner.
Also present were Assistant City Manager Terrence
L. Belanger, Assistant City Attorney William P.
Curley III, City Planner James DeStefano, City
Engineer Sid Mousavi and City Clerk Lynda Burgess.
COUNCIL COMMENTS: C/Nardella stated that the Walnut Valley Water
District has announced a usage reduction goal of
15% for each household and that the Diamond Bar
Improvement Assn. has conservation kits available
at the Chamber of Commerce. He also stated that
he has received a couple of phone calls regarding
the inability to schedule time with staff after
having a project denied or rejected by the
Planning Department. He would like to see staff
find time (within 48 business hours, if possible)
to meet with applicants who have had projects
rejected, for an explanation of the denial and how
to amend their plans to obtain approval.
MPT/Forbing stated that he had been contacted by a
number of residents whose gas bills reflect a 5%
"City utility tax". He explained that this is a
computer error by the Gas Co. and that persons
paying this amount in error will receive a credit
on future billings. He also stated that there
have been several inquiries into the reason for
the trailer parked at the Park -N -Ride at Diamond
Bar Blvd. under the 60 fwy. He explained that The
person is there at the request of Cal Trans to
deter car thefts at the Park -N -Ride lot.
PUBLIC COMMENTS: Mr. Robert Eggert, 1050 Overland Ct., San Dimas,
District Manager, So. Calif. Gas Co., stated that
the County had instituted the 5% tax to be applied
to services provided in unincorporated areas only
and that the Gas Co. had errored in separating
their data files. He repeated the instructions
outlined by MPT/Forbing.
Mr. Piero L. Wemyss, 24207 Gingerwood Pl., stated
that the Council should give better guidance to
the Planning Department so that the Department
could become more efficient and better serve the
community's needs.
FEBRUARY 19, 1991 PAGE 2
Mr. Chuck Martin, 444 Red Cloud, stated that his
problem with the Planning Department is that he
received a different answer to the same question
on numerous occasions. He further inquired into
the manner in which the Mayor is selected.
M/Werner stated that the Mayor is selected by the
Council on an annual basis.
Mr. Joe McManus, 23561 E. Coyote Springs Dr.,
stated that a Letter to the Editor written by the
Mayor contained a factual error; specifically,
that Assemblyman Horcher had not endorsed SB2557.
The truth is that Assemblyman Horcher did endorse
on two occasions --Friday, October 5, 1990 during
the La Habra Chamber of Commerce Candidates Debate
and Tuesday, October 23, 1990 during the Whittier
Area League of Women's Voters Candidates Debate at
Whittier College. Further, he felt that Mayor
Werner cannot effectively serve two masters since
he is working for Assemblyman Horcher.
Mr. David H. Cope, 316 S. Del Sol Ln., spoke
regarding bonds and his opposition to the sale
thereof.
Mr. Jim Paul, 1269 Ahtena Dr., stated that both
his gas and electric bill showed a "city utility
tax" on them. He further stated that he had
contacted the Gas Co. and the Edison Co., who
after much discussion, agreed to rectify the
problem. He further went on to praise the Council
for not implementing a utility tax.
Mrs. Lydia Plunk, 1522 So. Deerfoot Dr., stated
that, as a member of the Parks and Recreation
Commission, she had been the dissenting vote
against contracting with the City of Brea for
recreation services, but agreed to defer to the
other Commissioners and concur with their
decision.
CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve
the Consent Calendar. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN - Nardella, Papen, Kim, MPT/
Forbing, M/Werner
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
FEBRUARY 19, 1991
PAGE 3
Schedule
A.
SEATAC - February 25, 1991 - 3:00 p.m.,
Future Meetings
Community Room, 1061 S. Grand Ave.
B.
Planning Commission - February 25, 1991 -
7:00 p.m., W.V.U.S.D. Board Room, 880 S.
Lemon Ave.
C.
Council Study Session 111991-92 Fiscal Budget"
- February 26, 1991 - 6:00-9:00 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
D.
Parks & Recreation Commission - February 28,
1991 - 7:00 p.m., Community Room, 1061 S.
Grand Ave.
E.
City Council Meeting - March 5, 1991 - 6:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon
Ave.
F.
Traffic & Transportation Commission - March
14, 1991 - 6:00 p.m., Community Room, 1061 S.
Grand Ave.
G.
Parks & Recreation Commission - March 14,
1991 - 7:00 p.m., City Hall, 21660 E. Copley
Dr., Suite 100.
Approval of
Approved Minutes of February 5, 1991.
Minutes
Warrant Register Approved Warrant Register dated February 19, 1991
in the amount of $177,996.67.
Planning Comm. Received and filed Planning Commission Minutes
Minutes of January 14, 1991.
Parks & Rec. Received and filed Parks & Recreation Commission
Comm. Minutes Minutes of December 13, 1990, January 10, 1991 and
January 24, 1991.
SEATAC Minutes Received and filed SEATAC Minutes for December 3,
1990 and January 18, 1991.
Bond Exonerations Approved work completed, exonerated the following
Surety Bonds and directed the City Clerk to send
Council action to principals involved: Bond No.
83SB 100 360 427, Street Tree Improvements, Tract
No. 42576 vicinity of Longview Dr. and Coldstream
Ct; Bond No. ASI 100204, Road Improvements, Tract
No. 42581 vicinity of Pantera Dr. and Shady P1.;
Bond No. ASI 100193, Road Improvements, Tract No.
42579 vicinity of Armitos Place and Bowcreek Dr.;
Surety Bond No. ASI 100214, Road Improvements,
Tract No. 42583 vicinity of Bowcreek Dr. and
Claywood Dr.; Surety Bond No. ASI 100219, Road
Improvements, Tract No. 42589 vicinity of
Deepspring Dr. and Bowcreek Dr.; and Bond No. 3007
2332, Road Improvements, Tract No. 45380 vicinity
of Pantera Dr. and Rexford Ct.
FEBRUARY 19, 1991
PAGE 4
Resolution 91-10
Adopted Resolution No. 91-10 entitled: A
Approving Plans
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
& Specs. for
DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
Median Recon.,
FOR THE MEDIAN RECONSTRUCTION, LANDSCAPE
Landscape Modif.,
MODIFICATIONS AND TRAFFIC SIGNAL RECONSTRUCTION
& Traffic Signal
ON GRAND AVENUE AT SHOTGUN LANE IN SAID CITY
Const.- Grand
AND AUTHORIZING AND DIRECTING THE CITY CLERK
at Shotgun
TO ADVERTISE TO RECEIVE BIDS.
PD/DeStefano responded to comments about the
Planning Department by stating that in regard to
guidance by the Council, his department receives
quite a bit of information and direction from the
Council through the support that is given, the
formation of the Planning Commission and SEATAC
and through various meetings that occur on
individual development projects or through normal
Council communications. He indicated that he
would speak to Mr. Martin directly regarding his
complaint concerning inconsistent information
provided by staff.
SPECIAL PRESENTATIONS:
M/Werner presented Mr. and Mrs. Cleve Holifield
with a Letter and a Certificate of Recognition
complimenting their son, Leonard C. Holifield, on
his courageous acts in the Persian Gulf.
Both Mr and Mrs. Holifield thanked the Council for
their kindness.
Proclamation - Proclaimed the week of March 3 - 9, 1991 as "Save
3/3 - 3/9/91 Your Vision Week."
"Save Your"
Vision Week
Proclamation -
Proclaimed the month of March, 1991 as "Women's
March 1991
History Month." M/Werner and C/Papen presented
"Women's History
the Proclamation to Veronica Johnson and Suzanne
Month"
Harmony.
Crime Update
Lt. Muravez, Walnut Sheriff, stated that 13
burglaries have occurred since January 7, 1991
involving kicking in double front doors. These
burglaries have generated requests that a neigh-
borhood watch program be instituted. Most of the
burglaries occurred north of the 60 freeway but in
January, a number occurred west of the 57 freeway
and in February, this type burglary moved a little
bit east of the 57. He provided tips for home-
owners to use in keeping their residences more
secure and that if any resident wanted his home
inspected, to call the Walnut Sheriff's Station
and ask for the Crime Prevention Unit.
FEBRUARY 19, 1991
PAGE 5
C/Papen suggested that an article be placed in the
upcoming City newsletter regarding "Neighborhood
Watch Programs."
Second
Admin. Analyst Kellee Fritzal reported that the
Anniversary
Second Anniversary Celebration is scheduled for
Celebration
April 13, 1991 at D.B. High School and identified
the committee members involved: Shelly Arakalian,
Glenda Bona, Donalda Day, Ken Demaret, Gerry
Heffren, Alba Moesser and Sue Page. She stated
that rental of a booth at the Business Expo will
cost approximately $50 and that the City will sell
T-shirts and City memorabilia and provide neigh-
borhood watch information, earthquake preparedness
self-help guides, information on the Combat Auto
Theft program and water conservation information,
including shower adjusters and water displacement
kits. The City will also recognize members of the
military that are currently serving in Saudi
Arabia.
OLD BUSINESS:
Recreation Admin. Analyst Kellee Fritzal reported on the
Services process used for selecting an organization to
Agreement provide recreation services and indicated that
even though the City of Brea's initial net charge
was proposed at $239,000, this figure has been
reduced to $150,000. She further reported that it
was recommended by the Parks and Recreation
Commission that Council direct staff to negotiate
a final contract with the City of Brea and bring
back the contract to Council for final approval at
the March 5, 1991 meeting.
C/Kim commended staff on the successful
negotiations with the City of Brea and asked if
the amount negotiated was based on current budget
estimates.
ACM/Belanger stated that the proposed program by
the City of Brea is substantially the same as is
currently being conducted by the Walnut Valley
Recreation Department.
C/Nardella stated that after the RFPs had been
sent out, the Parks and Recreation Commission
decided that they would no longer support the
operation of the Park Drop -In Program and
eliminated that from the current program as well
as from future programs because it was
economically insupportable.
FEBRUARY 19, 1991 PAGE 6
C/Papen stated correspondence had been received
from Dr. Brown of the Walnut Valley School
District last October indicating that, with the
cancellation of the JPA, the School District would
be charging the City for the use of their
facilities. The amount totaled approximately
$100,000 and she asked if the City's budget
included this amount.
Mr. Pat Whelan, Chairman of the Parks & Recreation
Commission, stated that the Commission was looking
for free or low -rent facilities. Negotiations
continue with the Walnut Valley School District
regarding the fees and part of the proposed
$150,000 was to provide for some rental fees and
other possible additional costs.
Following discussion, staff was directed to
negotiate the terms of an agreement with the City
of Brea, based on a balanced budget in terms of
costs and services and bring the agreement back to
Council for final approval. Staff was further
directed to prepare a staff report on the programs
to be offered.
NEW BUSINESS:
Park Direction Parks & Maintenance Director Janiel reported
Signage that at the present time, all of the signage in
the City indicates that the County of Los Angeles
provide the parks. Staff is currently looking at
an overall signage program and possibly changing
all the park signage. However, because of the
costs involved, staff has held off making any
recommendations until there is a City-wide pro-
gram, so that everything can be consistent. He
displayed a sample sign that had been approved by
the Traffic & Transportation Commission with a
recommended change in color from green to brown
with white lettering. The cost would be approx-
imately $1,500 to replace the park directional
signs only.
Following discussion, C/Nardella moved and C/Papen
seconded to authorize the manufacture and replace-
ment of park directional signage now in place.
With the following Roll Call vote, the motion
carried:
AYES: COUNCILMEN - Papen, Kim, Nardella,
MPT/Forbing and M/Werner
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
FEBRUARY 19, 1991 PAGE 7 (Corrected 3/5/91)
Public Finance ACM/Belanger stated that this item had been
Advisors continued from the February 5, 1991 meeting
Contract in order obtain answers to certain questions asked
by the Council.
Mr. Frank Dursa, 2533 Harmony Hill Dr., spoke in
opposition to approving the contract.
Mr. Clair Harmony, 24139 Afamado, stated that he
had checked with other finance people and was told
that they preferred not to go with the type of
agreement proposed.
C/Kim indicated that he would prefer to see a more
clear cut contract --one that would include payment
for a study to be conducted. "We evaluate it and
we decide the next step rather than contingent
upon bond sale." He emphasized that he was not
speaking against the proposed contractor but that
he did not want a free study and would vote
against the matter on that basis.
Following discussion, M/Werner moved, MPT/Forbing
seconded to approve the proposed Public Finance
Advisors Contract as recommended by staff. With
the following Roll Call vote, the motion carried:
AYES: COUNCILMEN - Papen, Nardella, MPT/Forbing
and M/Werner
NOES: COUNCILMEN - Kim
ABSENT: COUNCILMEN - None
Office of CE/Mousavi reported on a grant received from
Traffic Safety the California Office of Safety to be used for
Grant a Traffic Control Device Inventory Program to
assist the City by allowing an inventory of the
traffic devices in the City, their uniformity as
established in the industry and how they are
maintained and controlled. Upon Council author-
ization of an agreement, the project will proceed.
C/Papen asked if the program is limited to traffic
signals or would it include stop signs and road
markings.
CE/Mousavi stated that the program would include
everything.
C/Kim moved, C/Papen seconded to authorize staff
to enter into an agreement with the Office of
Traffic Safety and proceed with the development of
a comprehensive Traffic Control Device Inventory
Program. With consensus of Council, the motion
carried.
FEBRUARY 19, 1991 PAGE 8
ANNOUNCEMENTS: C/Papen congratulated Mr. Mousavi on the award of
the OTS grant.
C/Kim stated that the traffic on Grand Ave. is
getting worse and encouraged drivers to use Chino
Hills Parkway. He asked the City Attorney to
investigate the possibility of making Grand Ave. a
toll road. C/Kim also stated that the D.B. Golf
Course is deteriorating and asked staff to look
into the possibility of purchasing the site from
the County or at least allowing the City to manage
the facility.
CLOSED SESSION: With no further business to conduct, M/Werner
recessed the meeting to Closed Session at 8:21
p.m. for discussion of Property Acquisition and
Personnel Matters.
ADJOURNMENT: M/Werner reconvened the meeting to Regular Session
at 9:05 p.m., declared that there was no report-
able action taken and adjourned the meeting at
9:05 p.m.
ATTEST:
Mayor
LYNDA BURGESS, 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 Nardella
FROM: Linda G. Magnuson, Senior Accountant
SUBJECT: Voucher Register, March 5, 1991
DATE: February 27, 1991
Attached is the Voucher Register dated March 5, 1991. 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 March 5, 1991 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
Ave.
Const. Fund
TOTAL ALL FUNDS
APPROVED BY:
Linda G. M2#uson
Senior Accountant
AMOUNT
$455,248.46
32,149.38
127.76
250.89
1,646.57
$489,423.06
Phyllis E. Papen
Councilmember
� � �
Robert L. Van Nor Donald C. Nard a
City Manager Councilmember
a r
RuN T:,,E: '9:200 0-1 1
V J R E SO �E z
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i ..� .a Aua_r rl c' _� �4. � .. . . � _ i. � _ . J T _ ' i �_
AGENDA NO. `/
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 27, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager lk
FROM: Linda G. Magnuson, Senior Accountant
Submitted for Council's review and approval is the Treasurer's Statement
for the month of January, 1991. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances, and
investment account balances.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
REVIEWED BY: )�
�a5-/ Zi�---------------------- ---------------
Robert
-------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Asst. City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
$5,861,422.03 $1,012,312.67 $594,941.32
GENERAL ACCOUNT $95,055.40
PAYROLL ACCOUNT 237.98
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
L.A.I.F. 6,183,000.00
TOTAL INVESTMENTS
$0.00 $6,278,793.38
$95,793.38
6,183,000.00
TOTAL CASH $6,278,793.38
January 31, 1991
BEGINNING
TRANSFERS
ENDING
FUND
BALANCE
RECEIPTS
DISBURSEMENTS IN (OUT)
BALANCE
GENERAL FUND
$2,244,957.73
$705,957.06
$575,519.24
$2,375,395.55
TRAFFIC SAFETY FUND
80,071.08
14,403.60
94,474.68
GAS TAX FUND
1,381,577.73
173,934.01
492.37
1,555,019.37
TRANSIT TX (PROP A) FD
674,331.72
65,407.93
739,739.65
LOCAL TRANSPORTATION FD
0.00
0.00
FEDERAL AID URBAN FUND
0.00
236.98
(236.98)
STATE PARK GRANT FUND
(1,887.86)
(1,887.86)
LTG & LNDSC DIST #38 FD
29,751.41
21,340.50
6,139.46
44,952.45
LTG & LNDSC DIST #39 FD
228,334.41
14,733.40
227.68
242,840.13
LTG & LNDSC DIST #41 FD
84,158.64
13,793.04
8,447.83
89,503.85
SELF INSURANCE FUND
132,321.84
2,743.13
135,064.97
GRAND AV CONST FUND
452,044.34
3,851.96
448,192.38
CHINO HILLS CONST FUND
229,782.99
25.80
229,757.19
TRAFFIC MITIGATION FEE FD
325,978.00
325,978.00
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
$5,861,422.03 $1,012,312.67 $594,941.32
GENERAL ACCOUNT $95,055.40
PAYROLL ACCOUNT 237.98
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES $0.00
COMMERCIAL PAPER 0.00
L.A.I.F. 6,183,000.00
TOTAL INVESTMENTS
$0.00 $6,278,793.38
$95,793.38
6,183,000.00
TOTAL CASH $6,278,793.38
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
JANUARY 28, 1991
CALL TO ORDER: Chairman Schey called the meeting to order at 7:00
p.m. in the Walnut Valley School District Board
Meeting Room, 880 South Lemon Street, Diamond Bar,
California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Vice Chairman Harmony.
ROLL CALL: Commissioner Grothe, Commissioner Lin, Commissioner
MacBride, Vice Chairman Harmony, and Chairman
Schey.
Also present were Planning Director James
DeStefano, Assoc. Planner Robert Searcy, Deputy
City Attorney Bill Curley, City Engineer Sid
Mousavi, Planning Technician Ann Lungu, and
Contract Secretary Liz Myers.
CONSENT CALENDAR: Chair/Schey requested, because of his absence at
the last meeting, that the Minutes of January 14,
1991 be pulled from the Consent Calendar.
Motion was made by C/Grothe, seconded by C/Lin and
CARRIED to approve the Minutes of January 14, 1991.
AYES: Commissioner Lin, Commissioner Grothe,
Commissioner MacBride, and Vice Chairman
Harmony.
NAYS: None
ABSTAIN: Chairman Schey
PUBLIC HEARING
Staff reported the Planning Commission reviewed the
ITEMS:
latest Draft Sign Code package at the last meeting
of January 14, 1991. The Ordinance included a
Draft Sign
discussion of non -conforming signs and sign
Ordinance
abatement language. Staff mailed out copies of the
document to over sixty (60) organizations. There
has been relatively little input, at staff level,
regarding the extensive policies and details of the
Ordinance. The changes and clarifications made by
the Planning Commission have been highlighted in a
hand written format in order to have them stand out
within the new Sign Ordinance. A memorandum has
been prepared on the issue of specific signage
program for fuel, food, and lodging uses adjacent
to the freeway. In a separate freestanding memo,
from Irwin Kaplan, there is a discussion regarding
a Conditional Use Permit (CUP) for freeway -oriented
signage, and the type of criteria utilized to
examine whether the sign is appropriate or not. He
suggested limiting it to lodging only, in an
attempt not to have an additional overlay of large
r
January 28, 1991 Page 2
fast food signs and gas station signs adjacent to
the freeway. Staff recommended the Planning
Commission consider the changes to the Draft
Ordinance and discuss the remaining outstanding
issues. It is hoped any outstanding issues can be
resolved and, at the next meeting, adopt a
resolution recommending approval of the Sign
Ordinance to be forwarded to the City Council.
VC/Harmony stated the language on page 5, section
G, of the Ordinance, needs some additional work.
He stated that "arabic numerals" was the correct
designation. In regards to Mr. Kaplan's
memorandum, section 4, item b.2 and b.4, he
inquired to the type of sign, "in lieu of", is
referring to.
James DeStefano, Planning Director, responded, as
an example, "in lieu of a permitted freestanding
sign" could mean granting an additional wall sign
to be seen from the freeway, in lieu of a monument,
low scale, or tall free standing sign out on the
street, which would normally be permitted.
VC/Harmony asked if it permitted a tali free
standing sign.
James DeStefano stated the discussion in the memo
is not specifically clear but, based upon the new
ordinance, it could only be six (6) feet.
Chair/Schey noted, in context of the memo, that it
is suggested that someone might be eligible for a
freestanding freeway sign, through a CUP. If they
chose to have a wall sign instead, it would be
limited to the same name, and logo combination they
would have Had on a freestanding sign.
DeStefano agreed and added, sub section 4, allows
for an additional wall signage in lieu of the
freestanding sign.
VC/Harmony stated what is really being said,
subject to approval of pole signs and free standing
signs, is that they will give up something they
don't have in order to have the wall sign. The CUP
would have to be approved in order to give it up.
He believed this to be a wrong characterization.
VC/Harmony stated his difficulty in dealing with
the definitions and criteria for the CUP. They are
not tough enough, and if they were too tough then
they would be too mechanical. He would prefer to
leave out the concept of the CUP, and let it go
with a variance.
January 28, 1991 Page 3
C/MacBride stated, in reference to Mr. Kaplan°s
memo, he had difficulty disassociating lodging
signs from fuel and food signs. Freeway traffic is
bound up with lodging, food, and fuel. If the
conditions, stated in the memo, are applied to
lodging, there needs to be more discussion because
food and fuel are so strongly related to the
traveler. It is important to be alert to the needs
of those businesses which are freeway oriented.
There are businesses that ought to be recognized
and visible, in terms of commercial activity, from
the access control facilities. The community wants
a conservative and highly restricted sign
ordinance. However, the Commission needs to
respect both sides of the issue and come up with a
balance that is proper, appropriate, and effective.
C/Grothe stated he is somewhat opposed to the Sign
Ordinance because it is the most restrictive of any
other city sign ordinance within a ten (10) mile
radius. These are the cities our businesses will
have to compete with.
C/Lin pointed out that Diamond Bar is now urban
developed and travelers expect food and lodging to
exist on every freeway off ramp. The lodging may
not be available everywhere and therefore, there
might be a need for the freeway signs for lodging.
Our intent, from the beginning, was to eliminate or
reduce, as much as possible, the amount of
freestanding or pole signage. However, from the
merchants point of view, we do need to discuss some
kind of balance for them in the Sign Ordinance.
Chair/Schey maintained, if the Commission is
somewhat opposed to the concept of freeway signs
but acknowledged the fact there are times when they
are appropriate, he would leave it as a variance
situation placing the burden on the applicant to
convince the Commission that a freeway sign is
warranted. A variance is preferable over the CUP
because signs would not be approved unless there is
a particular circumstance that makes it
exceptionally warranted in a particular situation.
The Public Hearing was declared open.
Joe Murphy, minister of the Congregational Church
located at 1048 Canyon Spring Lane, stated he is
still awaiting approval to replace the existing 15
foot by 10 foot sign with two (2) small 2(1/2) foot
tall signs. He pointed out churches have a need to
be visible to survive and flourish within the
community. The existing restriction of 24 square
feet would be inadequate to give them visibility.
January 28, 1991 Page 4
He beseeched the Commission to consider an
exception for churches.
The Public Hearing was declared closed.
VC/Harmony requested staff to review the
regulations relating to churches, and/or any
special provisions available.
James DeStefano explained that Dr. Murphy obtained
a CUP several years ago from Los Angeles County.
One of the provisions of the CUP required that
additional signage be reviewed by the Planning
Commission. The basic issue is one of fulfilling
the conditions of the original use permit, as well
as a desire for additional signage that is above
and beyond what the present code will allow, and
the proposed code would allow.
Larry Smith, residing at 22536 Ridgeline, a member
of the Church and in charge of the remodeling,
clarified they are not. requesting a sign in
addition to the sign they already have. They are
looking to replacing the sign with two (2) concrete
monument sign on both sides of the driveway on
Diamond Bar Blvd. Each sign would be approximately
25 square feet, with eight (8) aluminum letters, on
the face, with the Church name.
Dr. Murphy informed the Commission the Church is in
a residential zone area, therefore, under the
existing code, they would only be allowed signage
with a total a sixteen (16) square feet for a
Church almost a city block long.
C/MacBride inquired if there is a process within
the structure whereby this example could be
approached on a variance, a CUP, or another
procedure.
James DeStefano explained the process would be one
of a variance. The application, in this example,
would come into the staff, be checked by the
criteria, be denied, and then the applicant could
come to the Commission with a variance request.
Various criteria would have to be met in order to
justify the approval of a variance. The criteria
would include issues dealing with topography, size
and shape of the property, site distance, and
location of the signs. The tests would be
significantly stronger. Approving a variance gives
policy direction to staff which, in essence, sets a
precedent in a general sense.
VC/Harmony declared he would like to discuss the
January 28, 1991 Page 5
CUP, with Mr. Kaplan, more extensively.
James DeStefano specified the memo was prepared
from the discussion, of the last meeting, in
regards to signs adjacent to the freeways. If the
philosophy of the memorandum is accepted, it would
be turned into strict standards to be put into the
final ordinance. The CUP process discussed in the
memo does not apply itself to the issues being
discussed in regards to the Church situation.
Chair/Schey noted the Commission does not seem to
have any opposition to the various changes made to
the text of the Ordinance. The main issue seems to
be if freeway signs should be granted the ability
to be approved through a CUP and; if, in certain
types and categories of signs, the Commission
should allow a CUP process to be implemented. The
Commission needs to decide what particular type of
signs should be reviewed under the CUP process.
C/MacBride stated the category of Civic
Organizations and Institutional signs should be in
the parameters of the CUP.
C/Grothe would like monument signs to be
considered. He also stated there ought to be more
flexibility in regards to the square footage of
signs in relation to larger buildings.
Motion was made by C/MacBride, seconded by
VC/Harmony and CARRIED UNANIMOUSLY to direct staff
to implement the changes in the text that were
lined in pursuant to the last hearing; arrange a
hearing that Mr. Kaplan could attend to discuss his
memorandum; look into the potential implementation
of the CUPiprocess and what standards it might
require for insertion into the four (4) categories
outlined: 1. freeway signs. 2. civic
organizations and institutions. 3. monument signs.
4. signs on buildings over three (3) stories; and
to continue the hearing to the next meeting of
February 11, 1991.
TT 47722/ Staff reported the application is for the approval
CUP 89-338/ of a tentative tract map to develop thirteen (13)
EIR 91-1 single family custom homes on a nineteen acre site.
The previous submittal was for a tentative map to
develop sixteen homes on the same nineteen acres.
The original submitted project was denied without
prejudice by the Planning Commission on October 24,
1990. Since that time, the developer has worked
very hard with the City staff towards the creation
of the project that is before the Commission. The
proposed project has been adjusted to meet several
January 28, 1991
Page 6
concerns of the City as follows:
1. It has a substantial adherence to "land form"
grading.
2. It saves all existing oak trees.
3. The original project density has been reduced
by sixteen percent.
4. The overall grading has been reduced from
about 204,000 cubic yards to about 170,000
cubic yards of dirt movement.
5. The bulk of the crib walls on the perimeters
of the project have been removed with the
exception of a crib wall necessary at the
drive entrance adjacent to Derringer Lane, and
another crib wall that may be required for the
drainage debris basin at the most northerly
portion of the site.
6. The relocation of the gas line has been
diminished as well as the subsequent earth
movements.
7. The proposed lots will range from 1/2 acre to
3.4 acres. The average lot size is one and
half acres. The pads of each of the lots will
range from .2 acres to .4 acres in size. The
homes proposed to be constructed are in the
range of about 5,000 to 10,000 square feet.
8. The developer has located the developable
building envelops of the specific pads. This
allows siting on the homes so they are not as
massive from afar, and allows review on an
independent basis for conformance with that
building envelop.
9. Hunsaker and Assoc. was the engineer hired by
the applicant and Horste Schor was suggested
to the applicant to consult with by the City
staff.
10. The project now incorporates a much softer
concept of development with one long cul-de-
sac reduced 250 feet from the previous
proposal. A secondary emergency fire access
from lot 8 through to Bronze Knoll Road has
been added.
11. After all the grading, the terrain is put back
into a configuration that respects the natural
environment.
12. The landscape plan incorporates revegetation,
whereby the vegetation will be species from
within the general environment, as well as
species new to the environment but very
compatible. More trees will be incorporated
than originally existed.
13. The EIR concerns have been mitigated as far as
staff is concerned. The blue line stream is
indeed off the site.
James DeStefano stated, in regards to the project's
January 28, 1991 Page 7
appearance from afar, the developer submitted a
computer enhanced graphic image of the project,
including three (3) sets of slides, in graphic
illustration, showing the existing setting, and the
proposed project from afar. James DeStefano
presented the slides to the Commission.
James DeStefano stated, in staff's opinion, the
project has been significantly improved from the
prior submittal. Staff feels that the proposed
project now conforms with the philosophy of the
Hillside Ordinance and is appropriately designed
for the site. Staff has articulated sixty (60)
conditions on different issues important to make
sure the development approval clearly expressed
what the Hillside Ordinance says, and what is
wished for future hillside subdivisions. Staff
recommended the Planning Commission adopt the
attached Resolution which approves the
Environmental Impact report (EIR 91-1), CUP 89-338
for hillside management review and Tentative Tract
Map 47722, with the attached findings of fact, and
the listed conditions.
The Public Hearing was declared open.
Frank Piermarini, applicant, commended staff
personnel for their professional and considerate
manner. He verbally reviewed the list of previous
concerns, as stated in the staff report, that have
been mitigated. He stated the custom homes will be
color coordinated to blend into the natural
terrain. The landscape will be maintained until
each home is sold. The pads will be left
unlandscaped until the completion of each home.
The grading of offsites will take approximately
three (3) to four (4) months, assuming a minimum of
problems arise. The plan for the entire project
will be out in about two and one half years after
the grading is complete. He stated he felt
confident of conforming to Diamond Bar's criteria.
The project will'be an enhancement to the City.
Lex Williman, a planner with Hunsaker and Assoc.,
presented a map of the proposed tract. He pointed
out there are no straight lines and stated that
undulation is the key to "land form" grading.
There are variable slopes of 3 to 1, 2 to 1, 1(1/2)
to 1. The 1(1/2) to 1 are the side slopes between
the various pads which will be hidden by the units
as constructed. All of the slopes around the edge
are a minimum of 2 to 1, and some up to 3(1/2) to
1. Adjacent to the existing units, there is a
basin that a butts the Piermarini property to these
units. Two options are being proposed: 1. Fill
January 28, 1991 Page 8
the hole, connect to the drainage, eliminate any
crib wall, and come up from the slope undulating
around onto the project. 2. Leave the properties
alone, create a crib wall no higher than the
existing pads and come up from there creating an
undulating slope. He stated there is a clustering
of trees around swales to conform to natural
terrain.
Chair/Schey inquired if the applicant was
comfortable that the drainage situation is such
that if the sump is filled, the drainage could
adequately be taken away without any danger of
inundation to the rear of those homes.
Lex Williman responded the preliminary
investigation indicated there is no problem. There
has not been a complete hydrology study. There is
a storm drain existing at the bottom of the hill
which would connect into that pipe, eliminate the
catch basin, and pick the drainage up elsewhere.
The Public Hearing was declared open for those in
favor of the project.
Jack Wolf, residing on Ridgeline, commended Frank
Piermarini and his projects. He stated the Country
is willing to have his projects as part of theirs.
The hillside would remain intact and the project
would actually enhance the area.
Chair/Schey requested speakers for those in
opposition to the project.
Pat Brazer, residing at 23497 Coyote Springs,
commended the Piermarini developments but stated
the development would obstruct the view from his
home. He stated the development would look like a
postage stamp on the hillside and would be at odds
with the surroundings; the crib walls are ugly; the
pads are too small for the size of the homes; the
cutting will affect the existing homes; and the
removal of the gas line can be very dangerous. He
suggested the original recommendation of two (2) or
three (3) homes would be ideal.
Dennis O'Donnell, residing at 23550 Coyote Springs,
stated his apprehension that the homes may come
down into his backyard. He is concerned about the
drainage situation and concerned about the impacts
on the natural hillside.
Claudia Huff, residing at 1641 Fire Hallow, stated
the project is fundamentally too intense. Since
there are very few hills left in Diamond Bar, this
January 28, 1991 Page 9
hillside should be well guarded. She inquired if
there will be regrading, and if so would the
existing residents be looking across space to the
crib walls. The property is zoned for two (2)
homes. The grading does not sound like a vast
improvement. She asked the Commission to
reconsider the amount of homes to be allowed in the
particular area.
Frank Piermarini responded the property is zoned R-
1-10,000, and 30 to. 50 smaller homes could be built
if so desired. The pads are as big as two (2) of
the existing lots, in most cases. There will be no
visual crib walls. Trees will be planted that will
not block the view.
Chair/Schey inquired if the access for the grading
will be taken entirely off of the applicants site.
Frank Piermarini affirmed they will not be on
anyone's property, with the exception of three (3)
lots. If the owners of these lots preferred not to
see the crib walls, the lots can be flattened out
with their permission.
Chair/Schey received affirmation from Frank
Piermarini that the light green shading on the
presented map is all natural terrain.
Chair Schey inquired of City Engineer, Sid Mousavi,
if the approval of the grading plan normally
required a full geotechnical report to be done, and
if the recommendation of the report would be
implemented in the grading plan.
Sid Mousavi responded that that is the normal
process of the grading plan.
Lex Williman, in response to Chair/Schey's
concerns, stated there are a series of ditches that
have been constructed and there will be additional
ditches made for the storm drains. In response to
relocating the gas line, he stated Southern
California Gas (SCG) will do all the work. The
portion that is being relocated will be constructed
to the new line either adjacent or over the old
line while the old line is live. At some point,
they will shut down the old line, tie in the new,
and probably slur in the abandoned line. Grading
will occur over the top of the line before it is
relocated and in the presence of representatives
from the SCG.
VC/Harmony inquired how much time will lapse from
the time it will take to complete grading and to
January 28, 1991
Page 10
landscape the slopes.
Frank Piermarini explained that grading will take
between 3(1/2) to 4 months. As soon as the grading
is completed, we will landscape all the slopes, but
not the pads. The vegetation will be growing while
we are building.
Lex Williman stated, in regards to VC/Harmony's
concern, that a preliminary hydrology study has
been done taking into consideration the
permeability of the street and the houses. In
every case it goes up three (3) to four (4) CFS,
which is very small. The additional run off can be
handled.
James DeStefano stated there is a condition within
the document which calls for a complete hydrology
study to be submitted to the City. It would be
subjected to review and approval by the City
Engineer.
VC/Harmony stated he wants a provision to eliminate
the construction of tennis courts. He finds them
visually ugly and they tends to add more run off
than it's permeability.
Frank Piermarini stated he would not object to a
condition of no tennis courts.
VC/Harmony noted that the grading appeared steep at
the end of the cul-de-sac. He inquired of it's
length.
Lex Williman responded that there is a vertical
curve that has a transition from the steep portion
of the street, which is 15%, down to a 3% portion
into the cul-de-sac. The grade varies within the
points.
VC/Harmony pointed out that going up steep grading
is not a problem in regards to fire access.
However, there must be sufficient turn around
points and maneuverability for the fire equipment.
Frank Piermarini stated the cul-de-sac will be
connected to the existing ones in the Country. He
pointed out there is also an additional five (5)
feet of grassy area, giving a 50 foot radius, that
will be grassed off and is driveable.
C/Grothe asserted he would like a condition stating
any home exceeding 5,000 square feet must have an
additional five (5) foot set back on each side.
January 28, 1991 Page 11
Chair/Schey stated he would like a condition
prohibiting any retaining walls that would
interfere with any of the land form grading or
extend beyond the designated pad areas.
VC/Harmony requested staff to go over the concept
of the Interim Ordinance in regards to the three
(3) houses on different elevations, which he
assumes will contour to the hillside, and the
concept of building on a ridgeline as opposed to
off a ridgeline.
James DeStefano stated there are only three (3)
lots that have breaks of about five (5) feet in the
levels of the pad. It was done specifically to
break up the massing of the homes. This project,
with the varying pads, and the landscaping all
around the pads, will create a softer ridgeline
appearance. The prominent ridgeline feature will
be a mixing of various landscaping, pads and
building materials to be utilized in the homes.
C/Lin questioned the negotiating process in the
Condition of Approval concerning the street or area
lighting plan.
James DeStefano explained there are engineering
conditions and planning conditions. The planning
condition states that lighting fixtures adjacent to
the interior property lines would be approved by
the Director of Planning as to type and height of
fixtures. The purpose was to allow some
illumination but not creating a glowing hillside
because of lighting intensity.
Chair/Schey would like the wording "orientation of
the lights"iadded to the condition.
Sid Mousavi explained the engineering condition is
to minimizes the night time visibility problem.
VC/Harmony inquired if wildlife would be able to
migrate through the properties.
Piermarini assured the Commission that the wildlife
would be able to roam free.
Chair/Schey stated he is impressed by the
significant efforts made by Mr. Piermarini. He is
comfortable with the existing Conditions of
Approval as they have been adjusted.
Motion was made by C/Grothe, seconded by VC/Harmony
and CARRIED UNANIMOUSLY to approve the resolution
subject to the conditions and findings made by
January 28, 1991 Page 12
staff, to also include the amended conditions of:
#4 - to add to the beginning of the second sentence
to read "Fenced details, tree staking...". #6 - to
add ..shall be approved by the Director of
Planning as to type, orientation, and height.".
Add a new condition #23 - "Tennis courts would be
allowed, with a maximum 6 foot wall, and no
lighting. If the lot is by itself without a house
structure, the wall of the tennis court could go to
8 feet high.". Add a new condition #24 - "Dwelling
units in excess of 5,000 square feet of gross floor
area shall have minimum side yard setbacks of ten
(10) feet and fifteen (15) feet from the edge of
the property line.". In addition, crib walls
should be allowed if all reasonable efforts have
been made to implement the preferred option (either
filling the hole in the catch basin or leaving it
alone) to the satisfaction of the staff.
Chair/Schey called a recess at 10:10 p.m. The
meeting was called to order at 10:20 p.m.
CUP 90-0128
Ann Lundu, Planning Technician, reported that the
Automated
applicant, Video Kiosk Corporation, is requesting a
Videomatic
Conditional Use Permit (CUP) to construct a fully
Kiosk
automated video kiosk in the parking lot of
Standard Brands Paint Store. The kiosk is a fully
automated video store, open 24 hours a day, and
will not contain any employees. The kiosk will
occupy two (2) parking spaces. More than adequate
parking will remain for both the existing
commercial shopping center, as well as the proposed
kiosk. The video kiosk dispenses the video by
robot through credit card authorization. Regular
service, of this kiosk, will be done twice a week
by the owner, Standard Brands Paint. If the
computer fails, a message is sent directly to the
main office of Video Kiosk Corporation. The main
office has technicians which are on duty 24 hours a
day to service the computer.
Ann Lundu reported the environmental evaluation
shows that the proposed use does not have the
potential to degrade the quality of the environment
in the long term or short term. The proposed use
will not cause substantial adverse effects on human
beings either directly or indirectly. On the basis
of this initial study, the staff finds that the
proposed project could not have a significant
effect on the environment and a Negative
Declaration has been prepared. Staff recommends
that the Planning Commission approve the Negative
Declaration and CUP 90-0128 with the Findings of
Fact and conditions listed.
January 28, 1991 Page 13
Rudy Figueroa, Project Manager, office located at
3002 Locust Ct., Ontario, stated he is waiting for
the final approval of the exact location of the
kiosk. He asked the Commission to offer them the
flexibility to relocate the kiosk, with the
Planning Department's approval. He stated he has
read the agreement and will comply with all of the
conditions if the project is approved. He
displayed an artist's rendition of the kiosk
appearance. The two different sizes of the kiosk
are 8(1/2) feet by 10 feet and 8(1/2) feet by 15
feet. The glass is a bronze tint, not totally
opaque. It is fully automated and operates through
robotics. The kiosk hold the top hits and can hold
approximately 1,300 movies at a time.
VC/Harmony asked how much traffic it will generate.
Rudy Figueroa stated the traffic study conducted in
the County of Orange did not show any trip
generation information within the traffic
engineering manual. He explained they haven't had
enough experience with the six (6) kiosks to give
adequate information. There is an estimate of
seventy (70) trips over a twenty four (24) hour
period.
C/MacBride inquired who determines the menu of each
kiosk. He asked if there are problems with
vandalism.
Rudy Figueroa asserted the parent company assist
each franchisee in determining the movie
selections. The franchisee has the final decision.
However, "adult movies" are not allowed and anyone
who violates that agreement is subject to losing
their franchise. They are unaware of any vandalism
problem.
VC/Harmony asked if the interior is lighted at
night. He remarked that the whole building looks
like a sign. It can be in violation of the sign
ordinance which states that an area of greater than
25% cannot be visible through the window.
Rudy Figueroa confirmed the building is lighted on
the interior. He stated his awareness that signs
are not part of tonight's approval and that a new
sign ordinance is in progress.
Chair/Schey suggested, if the project is deemed to
be an acceptable use, the applicant can find some
way to accommodate the sign ordinance.
January 28, 1991 Page 14
VC/Harmony stated there should be a traffic study
included as well.
Rudy Figueroa stated they will abide by the sign
ordinance.
The Public Hearing was declared open.
Dan Buffington, residing at 2605 Indian Creek,
inquired if there is adequate parking.
Ann Lundu replied there is sufficient parking to
accommodate the kiosk.
Bill Valeo, residing at 157 Cottonwood Cove, is
concerned about vandalism, the deterioration of the
building, the rental of pornography, and the
display of explicit posters.
The Public Hearing was declared closed.
VC/Harmony pointed out that it is not known what
the traffic generation is, nor what the
requirements are that apply to this particular
usage.
Robert Searcy, Assoc. Planner, responded one
consideration of the trip generated by this use is
that it would be considered as an off peak hour
use. The traffic generation would not coincide
with the generation of the normal commercial
center.
C/Grothe inquired how many parking spaces are being
allotted for this project.
Ann Lungu responded a handicap and two (2) other
spaces must be provided.
C/Grothe remarked that there needs to be more
landscaping. He pointed out that architecturally
the kiosk does not match the center and something
needs to be altered to tie it in. The signage on
the top needs to conform to the sign ordinance. He
stated he considers the titles on the inside of the
building as more of a display of the product, as in
a display window.
VC/Harmony concurred the building is not
architecturally compatible with the center. It is
subjected to vandalism and crime. He maintained
the structure as a whole is a sign. The City is
trying to avoid this kind of visual pollution.
Rudy Figueroa stated there is not sufficient data
January 28, 1991 Page 15
to base a traffic study on; the Sign Ordinance will
be adhered to; they will accept a condition
requiring a land use restriction to prevent
pornography; and landscaping will be done. He
stated he would like the original plan approved as
presented.
Chair/Schey stated the project is not a
particularly good use for the property and opposes
small buildings being piece mealed throughout the
City.
Motion was made by C/Grothe, seconded by C/MacBride
and CARRIED to continue the project to the next
regularly scheduled meeting with direction to the
applicant to work with staff to submit a revised
plan indicating a landscape plan, a revision to the
architectural design and work up a program whereby
they would be in conformance with the proposed Sign
Ordinance.
AYES: C/Lin, C/MacBride, and C/Grothe
NAYS: VC/Harmony and Chair/Schey
ZCA 91-2 James DeStefano corrected the case number to zone
C -M Zone change amendment ZCA 91-2.
Robert Searcy reported in October of 1990, the City
Council adopted an Interim Ordinance amending the
list of permitted and conditionally permitted uses
within the CM zone. The City Council is
increasingly concerned with the City's financial
future and adopted the Interim Ordinance in order
to provide the necessary study time to review the
most advantageous and appropriate land uses for the
CM zone. In light of the ever expanding fiscal
constraints placed on local municipalities, the
City Council directed the planning staff to
research land use controls to maximize the City's
financial future via sales tax generating
properties. It was felt that an Interim Ordinance
used to provide supplemental controls for the
increasing development pressure on the remaining
commercial properties, would be appropriate. The
impetus of the CM zone ordinance is the outgrowth
of concern for orderly planning and use of the
City's limited land and resources. They have been
involved in economic development discussions to
address the long term economic objectives of the
City. As a result, the Interim Ordinance was
initiated in order not to preempt current planning
procedures and policies. The Interim Ordinance was
deemed an appropriate land use control mechanism
that would allow an orderly planning process, to
continue in a manner consistent with the primary
purposes of the CM zone, without the need to impose
January 28, 1991
Page 16
a complete development moratorium. For the City of
Diamond Bar, the impact is far felt and long
reaching. The City currently possesses five areas
zoned C -M. This zone represents the greatest
potential for new commercial development throughout
the City. As a result of these concerns, the City
Council adopted Emergency Ordinance No. 15 (1990)
on October 16, 1990. This ordinance effectively
removed all non -revenue producing land uses ( with
the exception of accessory uses) from the CM zone
as a mechanism to grant additional land use
controls in the period preceding the forthcoming
General Plan. The duration of this emergency
ordinance extended for a period of 45 days. As a
result, the City Council met again on November 13,
1990 to extend the Ordinance to the 16th of
October, 1991. The City Council can, if necessity
dictates, reevaluate this ordinance and extend it
for an additional time period, not to exceed two
years, as provided in California Government Code
section 65858 (a).
After surveying 10 surrounding communities, four
cities were found to expressly prohibit the
development of churches in commercial zones. The
remainder of the cities have instituted a review
and permitting procedure, by which church projects
must be submitted for a discretionary review and
public hearing, in order to receive a Conditional
Use Ppermit (CUP) within commercial zones.
Currently, as a result of public testimony
presented at the public hearing, the Council
directed staff to provide the Planning Commission
the opportunity to investigate the appropriateness
for reintroducing the Church use into the CM zone.
Chair/ Schey I asked how the amendment would affect
the development agreement for the Gateway
Corporation.
Robert Searcy responded, to his understanding, the
development agreement supersedes all zoning unless
otherwise stated.
Bill Curley, Deputy City Attorney, stated the uses
and utilization of that particular site is crafted
by contract.
Chair/Schey question if the Council's intent of the
amendment is to limit the uses within the zone to
those uses that will generate sales tax or
transient occupancy tax.
Robert Searcy concurred, and explained the City of
Diamond Bar is at a point where correct land use
January 28, 1991
Page 17
planning be implement to guarantee the viability of
the City.
James DeStefano stated when the City Council
adopted the urgency ordinance in October, they
stripped out all service oriented commercial. The
focus was to concentrate on retail sales tax and
freeway oriented commercial, to look at all the
remaining freeway oriented frontage, which is
principally Gateway and the property on Grand and
Golden Springs. The purpose was to determine the
highest and best use of the acreage, match the land
use needs, as well as the fiscal and economic
needs, and combine all through the zoning code
and/or the general plan process. At the November
Hearing, to extend the Interim Ordinance, the City
Council directed staff to bring the matter to the
Planning Commission to specifically look at
Churches within the Commercial Manufacturing (CM)
zone. The issue should be examined in a city-wide
setting, rather than the development of a specific
church at a specific location, and decide if a
specific church use is something desirable in a CM
zone wherever a CM zone exists in the City.
Chair/Schey inquired what zone presently allows for
churches.
James DeStefano replied all the churches presently
in Diamond Bar are in residential zones but are
permitted in commercial and industrial zones as
well.
The Public Hearing was declared open.
Dan Buffington asserted the importance that the
City realizes that the fiscalization of land use
will become more and more important. It is
important Diamond Bar hold on to their limited
amount of commercial areas for their revenue
production.
Randy Hurtle, residing at 2503 Terrywood, Hacienda
Heights, employed by Majestic Realty Co. is
representing a Church interested in purchasing a
piece of property zoned for CM. He stated, to his
understanding, the City Council discussed at great
lengths on how to accommodate the possible purchase
of a property zoned CM, for the use of a church.
The final decision was to approve the Interim
Ordinance but allow staff to initiate an amendment
to allow church uses in CM zoned property. It is
not being proposed that land use controls not be
accomplished in the City. However, the Planning
Commission should review each church on it's own
January 28, 1991
Page 18
merits, allow church uses in a CM zone piece of
property, with a CUP to be issued by the Planning
Commission.
Bill Valeo stated, in his opinion, the Council
accepted the Church's proposal to buy the property.
It was sent to the Planning Commission for an
amendment for a CUP for the building. The property
is currently vacant. The Church has a book store
which last year generated taxes, from the sale of
the books, of approximately one million dollars a
year. The Church has approximately 5,000 members
which will generate revenue throughout the City.
Scott Brooks, attorney with Downey Savings, present
owner of the property, stated the minutes from the
City Council clearly indicates the Council directed
staff to prepare an amendment, to the particular
ordinance, to review for the possibility of
allowing a church, and/or related uses, to be put
into the CM zone. Downey Savings is not selling
the entire parcel, which is approximately 20 acres.
The Church is planning on buying 13 acres. The
property is undeveloped, except for the one vacant
building. The intent is to help the City in it's
need for creating and getting revenue. However,
the directive from staff has been somewhat
misaligned.
Maurice MacCallister, president of Downey Savings
and Loan, stated the people are allowed to buy the
property for a church. They have had trouble
getting retail people to develop the land. The
building is worth it million dollars and should not
sit vacant.
Brent Covan) residing at Rodando Beach, stated the
need for a larger building to house the members of
their Church.
The Public Hearing was declared closed.
VC/Harmony inquired what the sales generation of
the book store is, and the type of paritioners
involved with it.
Bernard Grant, works at Calvary Chapel in West
Covina, stated there is a Radio Ministry. The book
store services Christian books, literatures, and
tapes. There is an International Ministry as well.
The book store made an estimate of one million
dollars in revenues this past year, which is sales
taxable. There is approximately 5,000 members,
excluding the children.
January 28, 1991 Page 19
Chair/Schey noted the issue is not the particular
property or the ownership of the property, but the
CM zone. A church does not have to be permitted in
every zone, but that's not to say this building
couldn't be used for a church based on a change of
zone. If a CM zone is not an appropriate zone,
then maybe a change of zone is appropriate.
C/Grothe specified he is unclear as to what was the
exact directive from the City Council. He inquired
if the directive is to make a CUP or a zone change
on one specific project, or to tie a zoning issue
to a specific project.
James DeStefano stated the Council adopted the
Interim Ordinance in November. It was directed
that this issue be brought back specifically to the
Planning Commission for further consideration. The
purpose tonight is to make a recommendation to the
City Council as to whether or not the Interim
Ordinance adopted should remain as is, or should be
amended, and the manner it should be amended. The
County ordinance permitted churches and a variety
of other service related uses. The bulk of those
were eliminated, as well as the bulk of uses
permitted with a CUP.
VC/Harmony indicated one of the options the
Commission could recommend is to allow a review
process on a case by case basis.
James DeStefano concurred and stated if the
Commission believes the use is appropriate for the
zone, then should it have a CUP attached to it.
The purpose of the Interim Ordinance was to allow
time to review specific uses.
I
VC/Harmony stated his agreement with the concept of
restricting uses for economic development purposes,
but not when it comes to a church, especially on
that will bring in revenue. It should be
reviewable.
Chair/Schey stated a blanket prohibition of
services does not seem to be the appropriate means
of achieving the end results desired. Many service
cases are adjunct to a commercially revenue
producing project.
C/MacBride requested a reading from the document
stating the exact direction from City Council.
James DeStefano read directly from the minutes of
the November 13, 1990 indicating that the City
Council adopted the ordinance and they directed
January 28, 1991 Page 20
staff to draft a zoning ordinance amendment, for
review at the earliest opportunity by the Planning
Commission, to allow for a CUP process to allow
churches and related uses.
Chair/Schey questioned if the Council wanted to
direct staff to draft a CUP provision for churches.
It is Council's Emergency Interim Ordinance so why
is the Planning Commission being called upon to
review the issue.
James DeStefano explained the Council found it
important to adopt and extend the Interim Ordinance
for commercial manufacturing issues. At the same
it was decided that it was important for the issue
of churches within the CM zone be discussed
further. The issue was referred to the Planning
Commission, and the discussions and conclusions are
to be brought back to the Council for final their
consideration.
C/MacBride noted that there are different
interpretations of the minutes, as written.
Chair/Schey asked if the Planning Commission has
before them a CUP process amendment to a
resolution.
James DeStefano stated that the Commission has,
before them, an ordinance adopted by the Council in
November, and a report from staff suggesting it is
left status quo. If the Commission feels churches
should be permitted within the zone, then staff
should so be directed, and the decision will be
forwarded, with the minutes of the meeting, to the
City Council. If the Commission believes churches
should be permitted with a CUP, with a review at
the Commission level, then that decision will be
informed to the Council. The Council will
discussed the issue based upon the Commission's
recommendation.
VC/Harmony suggested the Commission develop a CUP
process, to be forwarded to the Council, as was
requested.
C/Grothe stated his interpretation of the minutes
are asking staff to draft an amendment to the
ordinance to allow churches in an area with a CUP.
Staff should draft an amendment and bring it back
to the next meeting to be voted upon by the
Commission.
James DeStefano emphasized that staff could only
come back with standards for all churches on a CUP.
January 28, 1991 Page 21
The process would take a considerable amount of
time.
Chair/Schey noted that staff has interpreted the
minutes differently than the Commission has
interpreted the minutes. He stated the issue
should be deferred until there is a further reading
from Council as to what the exact direction is.
C/Lin summarized that if the Commission responds in
favor of continuing the Emergency Interim
Ordinance, then we would consider to introduce the
CUP for church use because it would be excluded in
this zone.
C/MacBride stated the Council wants a CUP process,
to allow churches and related use as an exception.
He complimented staff on their broader vision of
determining the request to consider the inclusion
or exclusion of the church land use. However,
staff went far beyond the Council's stated
position. The Council wants a CUP process, and a
decision that allows churches as an exception 'to
the stated ordinance.
James DeStefano contended there is not a need, from
a staff standpoint, to do a great deal of research
on all of the potential church problems in all of
the potential CM zones within the City. It appears
the Commission is asking for standards to give to
the City Council.
Chair/Schey stated, for the purposes of the
Emergency Interim Ordinance, the Commission is
looking for a procedure by which a property could
be looked at as far as applicability for a church
within a CMIzone.
James DeStefano stated, if the direction of the
Commission is to say that churches should be
permissible with a CUP, the message sent to the
City Council states when the specific application
comes in, then the impacts can be addressed in
regards to that use, at that location.
Chair/Schey reiterated that the Council has asked
the staff to generate the process for the
Commission to review and make a recommendation.
James DeStefano clarified that all staff would be
doing is telling the City Council that a church use
may be permissible with approval of a use permit.
Chair/Schey maintained that the Commission is
directing staff exactly as the Council had
January 28, 1991 Page 22
requested.
Motion was made by VC/Harmony, seconded by
C/MacBride and CARRIED UNANIMOUSLY to direct staff
to generate a draft CUP provision, without
standards, for the Emergency Interim Ordinance that
would create a method by which churches as a use
would be permitted within the revised CM zone, to
be placed on the next regular meeting agenda.
Development Staff recommended a continuance.
Agreement (DA -2)
The Public Hearing was declared open.
VC/Harmony requested staff to prepare an answer on,
in regards to Zelman's decision that they could not
commit those properties no longer owned, the
affects on the total trip budget concept.
Motion was made by C/MacBride, seconded by C/Grothe
and CARRIED UNANIMOUSLY to continue the :natter
until the next regular meeting of February 11,
1991.
ANNOUNCEMENTS: Chair/Schey requested the subject on the
reorganization of the Commission be placed on the
agenda.
James DeStefano handed the Commission, as per the
Planning Commission's request, an internal guide
projecting tentative forthcoming issues to be heard
by the Planning Commission. He stated the guide
may serve useful, to the Planning Commission, to
give some idea as to where things are going in the
next couple of months.
ADJOURNMENT: Motion was made by C/Grothe, seconded by C/MacBride
and CARRIED UNANIMOUSLY to adjourn the meeting at
12:20 a.m.
/G/ DAVID SCHFY
David Schey
Chairman
Attest:
/s/ JAMES DESTEFANO
James DeStefano
Secretary/Planning Commission
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
FEBRUARY 11, 1991
CALL TO ORDER: Chairman Schey called the meeting to order at 7:00
p.m. in the Walnut Valley School District Board
Meeting Room, 880 South Lemon Street, Diamond Bar,
California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Vice Chairman Harmony.
ROLL CALL: Commissioner Grothe, Commissioner MacBride, Vice
Chairman Harmony, and Chairman Schey. Commissioner
Lin was absent (excused).
Also present were Planning Director James
DeStefano, City Planner Irwin Kaplan, Assoc.
Planner Robert Searcy, Deputy City Attorney Bill
Curley, City Engineer Sid Mousavi, Planning
Technician Ann Lungu and Contract Secretary Liz
Myers.
CONSENT CALENDAR: Vice Chairman Harmony requested the Minutes of
January 28, 1991 be pulled from the Consent
Calendar. He requested page 13, sixth paragraph,
be amended to delete the last portion of the
sentence to read "It can be in violation of the
sign ordinance.".
Motion was made by VC/Harmony, seconded by C/Grothe
and CARRIED UNANIMOUSLY to approve the Minutes of
January 28, 1991 as amended.
NEW BUSINESS: Chairman Schey stated the Commission was initially
organized in January of 1990. Officers were
Reorganization selected on January 4, 1990 for a one year term.
During the latter part of 1990, the Council adopted
an ordinance that dictates the Commission chose
their Vice Chairman and Chairman in June, leaving a
six month gap between the one year allotted time
and the mandated time. The Commission may choose
to select a new Chairman and Vice Chairman to serve
a six month period until the mandated
reorganization, or form an interim holdover of the
existing officers until June. Either option is
viable.
C/MacBride suggested the Commission holdover the
present structure until July.
C/Grothe suggested leaving the existing structure
as is.
VC/Harmony stated his confidence in the present
February 11, 1991 Page 2
Irwin Kaplan reviewed the proposal submitted by
Ecotectonic Systems:
1. Gather existing scientific studies of the
biota of Toniner Canyon.
2. Gather and summarize all relevant draft and
final EIR's.
3. Consult with the SEATAC members.
4. Make site visits.
5. Locate and comment on examples from other
comparable studies and proposals.
6. Prepare a series of maps.
7. Utilize existing available development
proposals and studies as reference points,
prepare maps and specific recommendations for
standards for location of types and intensity
of development.
8. Compile the above information into a final
report.
9. Recommend any additional studies that may be
needed.
Irwin Kaplan stated the information is being
Chairman. He suggested continuing the structure as
is, until the reorganization in July.
Motion was made by C/MacBride, seconded by
VC/Harmony and CARRIED UNANIMOUSLY that the present
officers be carried over till the ordinance
mandated reorganization in July.
Ecological
Irwin Kaplan reported the SEATAC (Significant
Concept
Ecological Area Technical Advisory Committee)
Plan for
suggested there is a need for an "Ecological
Tonner
Concept Plan" for the entire Tonner Canyon, as
Canyon
opposed to evaluating individual proposed
development projects of the Canyon. The developers
expressed support for the idea and offered to
underwrite the cost of the study. The idea of the
plan is to identify the opportunities of
constraints, relative to the ecological
characteristics of the Canyon, so that whatever
development takes place, the integrity of the
Canyon will be maintained. A proposal has been
prepared by Ecotectonics and distributed to both
the SEATAC and the developers for comments. The
two (2) areas of concern raised at the meeting
relative to the scope of the proposed study were:
1. The plan shouldn't have a level of be
specificity that is so iron clad there would
be no ability for flexibility.
2. The study area should be expanded beyond the
limits of Tonner Canyon to include areas which
are ecologically associated or interdependent
with Tonner Canyon.
Irwin Kaplan reviewed the proposal submitted by
Ecotectonic Systems:
1. Gather existing scientific studies of the
biota of Toniner Canyon.
2. Gather and summarize all relevant draft and
final EIR's.
3. Consult with the SEATAC members.
4. Make site visits.
5. Locate and comment on examples from other
comparable studies and proposals.
6. Prepare a series of maps.
7. Utilize existing available development
proposals and studies as reference points,
prepare maps and specific recommendations for
standards for location of types and intensity
of development.
8. Compile the above information into a final
report.
9. Recommend any additional studies that may be
needed.
Irwin Kaplan stated the information is being
February 11, 1991 Page 3
provided to the Commission for advisory purposes,
and to solicit any comments the Commission may
have.
Chair/Schey inquired if the study is being endorsed
by the property owners within the Canyon.
James DeStefano specified that the project is
endorsed by the developers of the four (4) tract
maps that is now before the SEATAC. Those
developers have agreed to fund the project. Dr.
Buffington is the local representative for the
development group, known as the Diamond Bar
Associates.
Chair/Schey inquired if the proposal was solicited
by the City.
Irwin Kaplan stated that due to time constraints,
he searched in behalf of the City.
James DeStefano pointed out that the developers
agreed to do the project subject, to a quick
completion of the proposal, so as not to delay the
activities of SEATAC.
Chair/Schey stated his concern that the expertise
of the SEATAC will be potentially inhibited by a
document that is put together in a period of a
couple of weeks.
Dan Buffington, residing at 2605 Indian Creek,
explained one of the concerns of the SEATAC was the
lack of information on Tonner Canyon as a whole.
The Committee members were concerned that the
Canyon would eventually be piece mealed. The
Development Team offered to fund the study to help
alleviate the concerns of the SEATAC.
Irwin Kaplan stated the SEATAC was comforted by the
idea of the plan and welcomed the approach.
Hopefully, the work of the SEATAC will be completed
at the same time as the study, to allow the
Commission the benefit of considering both pieces
of information.
C/Grothe inquired if it was a reasonably fair
assumption that some level of review of the Canyon
has been done by the governmental agencies
proposing roads through Tonner Canyon.
Irwin Kaplan stated there has been some kind of
environmental review done for each individual
projects, but none have looked at the Canyon as a
whole, coordinating the individual projects.
February 11, 1991 Page 4
James DeStefano reminded the Commission that the
proposal does not need any formal action. It is
more of an informational issue to provide the
Commission an opportunity for any comments or input
wished to be made in this process.
Chair/Schey stated he would like to reserve the _
ability to require more information than might be
able to be generated in this short period of time.
C/MacBride inquired if the four (4) interested
groups would have specific pressures that may, to
some extent, tend to warp or distort this
philosophy, solely because it becomes so specific
to them.
Irwin Kaplan stated he is encouraged by the good
faith of the participants.
Irwin Kaplan noted that the summarization of the
Commission's concerns are that it is too brief of a
study to address the issue in depth, and that the
intent can be subverted. These concerns will be
taken into account on the formulation of the study.
PUBLIC HEARING
Irwin Kaplan discussed the proposal, requested from
ITEMS:
the last meeting, for a CUP permitting churches in
the C -M zone. He explained that a CUP would allow
Zoning Code
for a use that would not have the right of the
Amendment
zone, and would have to meet certain criteria in
ZCA 91-2
order to be permitted in the zone. The CUP gives
the Commission the opportunity to review these
projects in detail, to determine the type of
conditions appropriate to fit within the basic zone
itself. As a CUP, the Commission has a right to
approve, approve with conditions, or deny a
specific project. Staff has conveyed the types of
criteria that itthe Commission could use in
evaluating the appropriateness of a proposal.
Recognizing the primary function of commercial
zones, with a land use and revenue point of view,
it is appropriate that a conditional use be the
procedure for uses which is not commercial by
nature. Staff has prepared a proposal that
recognizes that point.
Irwin Kaplan stated that staff suggested the issue
is not churches in C -M zones, but rather quasi -
public uses, which are not necessarily commercial
in nature, in commercial zones. The first thing
recommended is a broader definition to include
other uses allowed in commercial zones, that are
not of a commercial nature.
A. The following definition is suggested:
1. Quasi -Public Use - a use operated by a
private nonprofit educational, religious,
February 11, 1991 Page 5
recreational, charitable or medical
institution, such use having the purpose
primarily of serving the general public,
and including uses such as churches,
private schools, and universities,
community, youth and senior citizen
recreational facilities, private
hospitals, and the like.
B. The
following additional regulations are
suggested:
1.
Quasi -public uses should be complimentary
with and subordinate to adjacent existing
and potential commercial development.
2.
Quasi -public uses shall be sited in a
manner which is subordinate to existing
and potential commercial development.
3.
The Planning Commission shall consider
the direct benefit of the quasi -public
uses to the community, as well as the
cost of any mitigation measures needed.
4.
The final action on the Commission's
recommendation shall be incorporated into
a development agreement.
Irwin Kaplan pointed out that virtually every
church in the City is within a residential zone.
Staff is not advocating that this procedure be
applied to residential zones. It would not effect
the proposal if a church is willing to locate in a
residential zone. This is a special case, and the
City has several ways of dealing with it:
1. Rezone it to a residential and allow the
church to be there as a residential use, as
stated in the resolution.
2. If the church is going to be located in part
ofd the City's commercial uses, recognize that
it is a legitimate use with a right to be
there, but with a responsibility as well.
The Public Hearing was declared open.
Scott Brooks, with Downey Savings, referred to the
City Council minutes of November 1990, and the
Planning Commission minutes of January 28, 1991, in
regards to the issue, and inquired why staff is not
responding as requested.
Randy Hurtle, with Majestic Realty Co., stated he
understands that staff has to look at things in a
broader scope, within due process. He agreed with
Mr. Kaplan's description of the CUP process. He
stated they are not looking to get an approval for
a church use on a specific location, but rather
looking to get a shot at it through a one on one
February 11, 1991 Page 6
use at a location, and make a determination at that
point. He respectively asked the review be done
within a two (2) weeks process, with a finite piece
of language, that enables it be to voted upon at
the next meeting.
Dan Buffington implored the Commission not to
follow the last suggestion made by Mr. Kaplan to
resume commercial to residential. The CUP is a
good idea as long as there is a caveat within the
CUP that considers the fiscal impact the proposed
project would make.
C/Grothe suggested staff move forward and place the
issue as the top item on the City Attorney's
agenda.
C/MacBride stated the criteria of staff's
suggestion is excellent, and is impressed it is
viewed on a basis larger than a specific
institution.
Chair/Schey reiterated that the direction from the
City Council was for the Planning Commission to
review a recommendation from staff, in regards to a
CUP process for churches in a C -M zone, and return
the recommendation to the City Council, to be
integrated into the Emergency Interim Ordinance per
the City Attorney. The concepts are well founded
and provide a structure by which this quasi -public
use could be integrated in the C -M zone at minimal
impact on the City. This seems to be the intent of
the Emergency Interim Ordinance.
The Public HeAring was declared closed.
Motion was made by C/MacBride, seconded by
VC/Harmony and C,}+ IED UNANIMOUSLY to forward the
staff's recommendation, based upon the CUP process,
to the City Council with the endorsement from the
Planning Commission, subject to the City Attorney's
corrections.
CUP 90-128 Ann Lundu, Planning Technician, reported this
Video Kiosk application is continued from January 28, 1991.
The Video Kiosk Corporation has redesigned the
video kiosk to be compatible with the architecture
of the existing shopping center. The proposed
video kiosk is fully automated. It will be
enclosed in a structure that is 18' x 19.5', will
have a height of 131211, and will occupy three (3)
parking spaces. The new proposed location of the
kiosk will be closer to, and in front, of the
Standards Paint parcel. Security measures will be
created to meet the approval of the Walnut Valley
Sheriff's Department and the City of Diamond Bar.
February 11, 1991 Page 7
Staff recommended the Planning Commission approve
CUP 90-0128 with the proposed changes.
The Public Hearing was declared open.
Rudy Figueroa, 2002 Locust Ct., Ontario, apologized
to the Commission because the expert, expected to
address the issues of security, had not yet
arrived. He stated a report on the traffic
generation was obtained, as requested. However, he
requested a continuance until all information can
be delivered at the same time.
VC/Harmony stated complaints have been received by
other commercial centers because of the lack of
sign visibility due to obstruction by other
structures. He inquired how the merchants on the
back portion of the parking lot would feel about
the development of the kiosk structure.
Rudy Figueroa responded the reason an alternate
site plan was selected was because of the concerns
received. The merchants are now satisfied with the
new location and have submitted letters indicating
support with the alternate site.
C/MacBride asked if the tape cartons will be
presented in the same fashion.
Rudy Figueroa stated the former design had an open
display in which the tapes could be seen through
the window. Now there is a totally new structure,
built on site, with a structure surrounding the
smaller building. Depending on the shade used on
the windows, it is possible to see some of the
tapes. If the Commission wishes to put a condition
on this, the shading can be adjusted to block
visibility.
C/MacBride inquired if the signage on the major
frontage will be different than the one originally
proposed.
Rudy Figueroa stated the signage will conform to
the new sign ordinance.
VC/Harmony reiterated his discontent with the
original design, but noted the alternate plan has
been vastly improved. He noted that there is not
much that can be said in terms of security. He
inquired if the Commission can accept the concept
of the "boxy" structure in the center, as well as
the late night customers it will attract.
C/Grothe commented, as long as the applicant meets
February 11, 1991 Page 8
the security requirements of the City and the
SherriffIs Department, as stated in the conditions,
he is satisfied that it is not a significant issue.
He is content that the new site plan has met all
the concerns stated previously by the Commission.
However, he stated he would like a condition that
there will be a high level of lighting around the
structure.
The Public Hearing was declared closed.
James DeStefano stated staff will amend the
Resolution 91-02, condition 3b, to include the
wording "...submitted for this case, identified as
exhibit B for the site plan, and exhibit E for the
architecture.". With respect to the comments from
the Commission on lighting, it will be incorporated
as specific direction to staff, as part of
implementing condition 3f and condition 3j, to
ensure that there is adequate lighting and
security.
Chair/Schey stated he is opposed to the idea of
piece mealing developments and is concerned with
setting a precedent to these actions.
Motion was made by C/Grothe, seconded by C/MacBride
and CARRIED to adopt the Resolution 91-02 as
amended by staff.
AYES: Commissioner Grothe, Commissioner
MacBride, and Vice Chairman Harmony.
NAYS: Chairman Schey.
ABSENT: Commissioner Lin.
CUP 90-0127 Robert Searcy, Assoc. Planner, reported the Public
McDermott Hearing was continued from January 28, 1991 at the
Engineering request of the applicant, contingent upon providing
information to the City of Industry and the City
Engineer concerning the drainage problems on the
site. The applicant is currently in the process of
gathering that information and has requested a
continuance until the next Public Hearing.
Additionally, the applicant has provided a letter
outlining a meeting they had with the homeowners
association. Some of the concerns of the Planning
Commission were addressed at the meeting. Staff is
requesting a one (1) month continuance to allow for
adequate review of the information.
Chair/Schey inquired if it is safe to assume, by
the applicants request for a continuance, their
acquiescence to any waiver of timelines.
Bill Curley, Deputy City Attorney, stated there
would be a defensible argument if it ever came to
February 11, 1991
Page 9
court. To be entirely safe, the Commission could
articulate that they're doing it with the
understanding it is a waiver.
The Public Hearing was declared open.
VC/Harmony requested there be a special notice to
the homeowners association stating the date of the
continuance.
Robert Searcy stated the applicant can be held
responsible to do so.
Chair/Schey inquired if one (1) month was
sufficient time for staff to review the
information.
Sid Mousavi, City Engineer, specified that one (1)
month is needed to review the information_ after
completion of all the documents.
Motion was made by VC/Harmony, seconded by
C/MacBride and CARRIED UNANIMOUSLY to continue the
matter to the meeting of March 11, 1991 with the
caveat if staff doesn't have sufficient time to
review the information submitted, it would be
subjected to an additional continuance at that
time, and that there is an effort ensuring proper
notice of the affected homeowners association.
ZCA 91-1 James DeStefano reported that all the handwritten
Sign Ordinance changes made from the last text have been typed
into the sign ordinance. Staff reviewed church and
civic organization type signage and decided it is
best to allow it at a height of 6 feet and at a
maximum sign face area, as outlined on page 21,
throughout the City, regardless of zone. This
allows a little more sign face area, although it
does not exceed the other commercial sign face area
and height allowed throughout the City. After
reviewing the signage of buildings over 3 stories
in height, staff feels there is a need for more
direction from the Commission. The issue of signs
on buildings, or monument signs adjacent to
buildings over 3 stories in height, is discussed in
two (2) parts of the sign code. In both areas they
reflect a very minimal size signage allocation. If
the direction is to allow a broader base sign, then
staff would need direction along that line. He
stated staff's availability to answer any
questions.
Bill Curley noted that there will be an adjustment,
in the ordinance, changing roman to arabic, as
requested.
February 11, 1991
Page 10
Irwin Kaplan stated the memorandum was brought to
the Commission because there was a need to address
freeway oriented signage. The Commission's
intention was not to open the door to freeway
signage, but to keep it restrictive with the
understanding that there may be special
circumstances. The Ordinance basically states that
freestanding pole signs would be for lodging only,
and that places dispensing fuel, or serving food
could have wall signs facing the freeway. It may
be the Commissions intent to allow a situation,
such as the Ramada, to be able to come to the
Commission and state a need for a freeway oriented
sign. The Ordinance drafted may or may not meet
that need. Staff took the initiative to invite the
Ramada, informally, for a comparison of the
proposals. The Ramada's proposal is for a sign
that is 75' from the base of the box to grade, 15'
in height for the sign box itself, and 22' across;
the sign letter varies from 40" in height to about
24"; the lettering would be visible for 24 seconds,
for a distance of 2100 feet going at a rate of at
60 mph, and visible from both directions; they
propose the height of the sign clears the trees;
and include a read -a -board as part of the sign.
There are several characteristics of their proposal
the Commission may want to discuss as to whether or
not it is consistent with what the City wishes to
do. The proposal is a good discussion item for the
Commission.
C/Grothe concluded the freeway signs should be
architecturally pleasing and does not need to be
readable a million miles away. The Commission
seems to have relatively established quidelines
that 20' above freeway grade is plenty high.
I!
Irwin Kaplan inquired of the Commission's attitude
to the principal in the draft that limits only
lodging as opposed to food, fuel and lodging.
C/MacBride stated the three (3) seem to be a
composite for the traveling public on a control
access facility. He finds if difficult to argue
against it. The particular description in the
draft is very careful and it will be called
restrictive. He noted that perhaps that is the way
the Commission feels.
C/Grothe stated a lot of freestanding signs could
be eliminated by incorporating the uses with one
large sign.
VC/Harmony stated the concept of a variance or a
CUP creates an impression that a motel, a food
February 11, 1991 Page 11
distributer, or a gas station, has a right to have
their own sign with a CUP process. We are creating
a de facto freeway zoning to allow for pole signs.
He pointed out that the Commission did not
specifically direct staff to develop criteria that
would make the exceptions. It is not inherent in
here. The Commission is developing a standard to
allow for review of special circumstances. He
stated a variance and a CUP is conceptual and that
there needs to be further clarification and further
development.
The Public Hearing was declared open.
Jack Williamson, residing at 259 Gentle Springs
Lane, representative from the Ramada, presented the
Commission with photographs taken of a 4' sign in
various heights (from the level of the freeway up
to 901) to indicate it's small appearance. A new
sign is being drawn that will be architecturally
pleasing. The intent is to be able to place it 15'
above the guard rail on the 60 freeway. The read -
a -board has also been eliminated. The letters are
approximately 4' in the Ramada name and range from
24" to 36" in the Classics name. He stated the
Ramada will conform to the code and are willing to
work with the Commission in any manner desired.
Dan Buffington stressed that the Commission should
be cautious against using the CUP requirement to
avoid creating a de facto agreement. A variance
process should be used because it is more
restrictive.
The Public Hearing was declared closed.
Chair/ychey requested staff to restate the items
that need further direction from the Commission.
James DeStefano stated one of the issues, on the
bottom of page 13, 106 A.1., is determining if the
Planning Commission wishes to review all wall signs
in a multi -use building or commercial center, as is
so stated in the current sign draft, or delegate
the responsibility to staff.
C/Grothe stated if the sign meets the Commission's
criteria, and it is a single sign for a single
tenant, then staff could approve the sign.
C/MacBride stated,, to his recollection, that the
Commission had already agreed it would not be wise
to review each request and that it would be a more
efficient function for staff.
February 11, 1991 Page 12
Chair/Schey stated the draft is specifically
addressing wall signs in a multi -use center where
they are purposing more than one sign. It does not
just address revisions to an existing sign, but
also signs on a new project. The intent of
requiring it to be brought back to the Commission
was to place it under the plan sign program. He
requested staff amend the draft to clarify that one
wall sign could be done at staff level if it
conforms to the ordinance, but multiple wall signs
on a building or a commercial center would come
under a plan sign program to be reviewed by the
Commission.
James DeStefano stated another issue, on page 22,
sub section 8, is clarifying if it is the intent of
the Planning Commission to review the condominiums,
subdivisions at all signage or delegate it to
staff. Based upon the current criteria, the
Planning Commission would review all signage
whether it is a wall or freestanding sign.
Chair/Schey clarified if staff is questioning
whether it should be under the criteria of the plan
sign program or whether it ought to be a basic
sign.
James DeStefano stated it is staff's opinion it
should be a basic sign to be handled by staff.
Chair/Schey contended that the signage is
instrumental for identifying areas of the community
for a long period of time. Typically the signs are
put up by the developers in order to sell property.
The goals of the developer may not necessarily
conform to those of the community, or the potential
residents. Thee Planning Commission would be
responsible for protecting their future interests
by the design and operational characteristics of
the sign if it remains under the basic sign
program.
C/Grothe reminded the Commission of the request
made by the Diamond Bar Congregational Church to
permit two (2) monument signs in front of their
church. He suggested the church be allowed to do
so because they are putting up two (2) signs that
are single face, equating the same signage area
currently allowed in the code.
Chair/Schey asserted that the jest of limiting
these types of signs is to control the size and the
number to be permitted. The suggestion made limits
the area of the signs but not the number of signs.
As an example, if the maximum sq. ft. signage area
February 11, 1991 Page 13
is 72 sq. ft. , then it would be possible to have
numerous 12 sq. ft. signs. The definition of
determining the maximum sign area and the number
allowed should be consistent.
Robert Searcy stated that if there is, for example,
a total of 24 sq. ft. on one facia of a sign, then
there would be a total of 48 sq. ft. for the total
sign.
C/Grothe recommended a statement that leaves the
Commission the opportunity of splitting the sign,
for architectural purposes, but not changing any of
the sign criteria.
Chair/Schey inquired if it is possible to put up a
single sign face with the maximum square footage.
Robert Searcy explained that if it is a one facia
sign, it can not exceed one half of the total.
C/Grothe asserted that the churches proposal is not
at all out of line. He would like to permit the
signs in such a manner without granting an
excessive amount of signs in Centers.
VC/Harmony stated a CUP could be allowed that would
give commercial consideration for churches and
civic institutions with the criteria of a major
arterial included in the CUP.
Chair/Schey inquired if there are any sections of
the plan sign program that would give some latitude
in approving a sign outside the general criteria,
other than a variance.
James PeStefano explained that if it is outside the
size and shape parameters, it would be a variance.
Chair/Schey questioned if the Commission would want
staff to include language that' would permit
variation of some of the criteria in the interest
of aesthetics.
VC/Harmony contemplated that language of that sort
could be added to the arterial requirement. He
suggested shaping the church sign sideways, so if
it is increased on one side by no more than half
the face it would create a wedge shape that would
be readable. He stated he wouldn't want to go
beyond such a formula.
Chair/Schey declared that he is inclined to proceed
with the ordinance with the minor changes, and deal
with the issues as they arise. There is no way
February 11, 1991
Page 14
every circumstance can be met.
Chair/Schey inquired if there was a concern from
the Commissioners in regards to the height
requirement.
VC/Harmony noted that commercial establishments are
allowed a sign six (6) foot in height, which is
consistent with the Council's Interim Ordinance
which replaces pole signs. However, when reviewing
civic organizations and institutions, the intent
was to establish less than what is offered to
commercial. He stated that he agreed with the four
(4) foot height requirements in that case.
Chair/Schey stated with, the other criteria of
square footage and the number of signs, he does not
have a problem with the height requirement.
C/MacBride inquired, if the draft is accepted as
presently stated, and there is an example such as
the church coming before the Commission with a
specific problem, how would the request be handled.
James DeStefano noted that it is good to consider
the church situation as an example for future
dilemmas. However, after a brief discussion with
them, the church does not plan on requesting for a
variance under the new code. They will probably be
processing the sign it needs under the existing
sign code. The Commission, under the same
circumstances, would not be able to grant anything
beyond the confines of this criteria.
C/Grothe asserted that there was a time when there
was a distinct difference between a sign that could
be applied foril and received with a permit
application, and a plan sign program for a
development site. It appears a program has been
written that doesn't require a plan sign program
anymore, but just needs the criteria of the
ordinance.
Chair/Schey explained that even commercial centers
have a maximum square footage and numbers of signs
requirement. Under those circumstances, the
Commission is basically concerned with the
aesthetics of the signs.
C/Grothe argued that the Commission spent a lot of
time being progressive and forward thinking on
being fiscally concerned about the commercial
property in the community. Yet, we are being so
restrictive in a sign program that is destructive
and backwards looking to our fiscal businesses and
February 11, 1991
Page 15
operations in the community.
Chair/Schey countered that at what point will it be
enough to satisfy the number and size of a sign.
C/Grothe contended that it needs to be reviewed on
an individual case by case bases. The community
has such a diverse topography. He argued that the
City is a major cross road of freeways into Orange
County and the inland empire. Eventually high
rises will enter our community. The Commission is
writing something that is adequate for a community
that remains somewhat rural, but that does not
appear to be the future for Diamond Bar.
VC/Harmony asked if the Commission wants to make an
exception for the height requirement on civic
organization and institutions located within
residential areas.
Chair/Schey stated he does not feel the stated
requirements are obtrusive if located within a
residential area.
Chair/Schey declared the sign ordinance has
apparently covered most issues to the satisfaction
of the Commission, with the exception of freeway
and pole signs. Unless there are other issues that
need discussion, the Commission can proceed with
the ordinance and include a provision for freeway
signs, or proceed with the ordinance and leave the
freeway sign issue in advance. He stated his
inclination is to proceed with the latter.
C/Grothe stated he would like to see the freeway
oriented signs included in the ordinance.
VC/Harmony noted there are provisions in the
development code that deals directly with signs.
He inquired if there is any conflict with the
definition of a sign written in the sign ordinance.
James DeStefano stated that the issue of the
definition of sign and sign area will be reviewed.
If there is a change made, the Commission will be
informed.
C/MacBride stated he is comfortable with the
suggestion made in the memorandum concerning
freeway signing. The memorandum examines the
issues carefully, and upon inclusion of the
Commissioner's comments, it should be inserted into
the document.
Chair/Schey inquired if the freeway oriented wall
February 11, 1991
Page 16
signs for restaurants and fuel services should be
expanded to lodging also.
C/MacBride stated his willingness to go with the
restrictive premise as outlined in the memorandum.
VC/Harmony asserted that he is not prepared to go
with the memorandum as it is.
James DeStefano inquired if the Commission wants
the staff to review the issue and examine the
potential for minimum lot size, or a minimum
freeway frontage.
Chair/Schey stated the issues are nebulous and he
would be concerned with having staff reviewing it.
The issue appears to be more architectural and
textual.
C/Grothe stated if a wall sign is visible, pole
signs should not be allowed, freeway oriented
business or not. If other signs on the site are
not visible, then you start fitting in the criteria
into the ordinance.
Irwin Kaplan pointed out that in the case of the
Ramada, a wall sign can be seen but at only one
part of the freeway.
Chair/Schey suggested that the Ramada situation
would fit into the criteria specifying that the
wall sign be visible under certain criteria. If a
wall sign can be seen from the freeway but not
within the criteria that's specified, then a pole
sign might be substituted.
Chair/Schey suggested directing staff to proceed
with the balance of the ordinance, and put
iterations into the memorandum that would permit
pole signs under certain circumstances, wall signs
under certain circumstances for food, fuel and
lodging.
VC/Harmony stated he is still unclear as to the
concept of a CUP versus a variance. He also stated
the criteria for which a sign is approved is not
stringent.
Chair/Schey asked Mr. Kaplan if he felt he has
enough information to manipulate the memorandum to
draft an ordinance that meets most of the issues
that are being raised.
Motion was made by Chair/Schey, seconded by
C/MacBride and CARRIED UNANIMOUSLY to continue the
February 11, 1991 Page 17
Public Hearing to March 11, 1991, and direct staff
to take the comments offered and rework the
proposed criteria on pole signs, to be returned to
the Commission on the meeting of February 25, 1991
for discussion and possible inclusion in the draft
sign ordinance on the Public Hearing of March 11,
1991.
Development James DeStefano reported the document is not ready
Agreement DA91-1 for review and indicated that staff would prefer to
take the issue off the calendar. When it is ready,
staff will go through the proper motions for a
Public Hearing.
The Public Hearing was declared open and upon
receiving no comments was declared closed.
VC/Harmony inquired if there are any implications
that could occur in the absence of concluding this
agreement.
DeStefano stated there is nothing currently under
way but there could become projects submitted for
review.
VC/Harmony inquired how such projects could be
dealt with.
James DeStefano stated some could be approved by a
CUP, or by right based upon the unilateral
contract. The City is operating under a set of
County codes we are compelled to administer, which
are the exact same County codes we tried to get
away from. Regardless of the issue, if it meets
the County codes, and the review processes of the
County codes, then we the permits must be issued.
I
VC/Harmony expressed concern that the City is
issuing permits that would not be approved under
the new code. If a sign appears to be in clear
violation of proposed rules, the approval should be
delayed until the ordinance is passed, denied, or
submitted to the Planning Commission.
James DeStefano stated the City has no legal
authority to deny a permit permissible under an
existing code because it may not be permissible
under a proposed code.
VC/Harmony contended the Planning Commission has
been doing so under a CUP bases.
C/Grothe stated the problem could be solved if the
City Council insisted all signs need a CUP or the
Planning Commission adopts a new sign ordinance.
February 11, 1991
Page 18
Chair/Schey inquired if the plan being discussed is
a specific plan that would be developed by the
applicant and submitted for approval to the City,
or City initiated specific plan.
James DeStefano stated it is a City initiated
specific plan •to resolve the problems occurring
with the development agreement. The specific plan
and the development agreement would incorporate the
best of the unilateral contract standards and all
the other issues and standards discussed to be
incorporated into the new document.
Motion was made by C/MacBride, seconded by C/Grothe
and CARRIED UNANIMOUSLY to take the matter off
Calendar and have it renoticed at such time as it
can be intelligently done.
CUP 90-0125 James DeStefano reported the application was
submitted to the City to be processed in
coordination with a lot line adjustment
application. The applicant has requested
additional time to meet with staff to discuss other
possible alternatives. Staff is prepared to
continue the item to February 25, 1991 as opposed
to the March 11, 1991 date stated.
The Public Hearing was declared open.
VC/Harmony requested the matter be continued to
March 11, 1991 to allow time for his participation.
Chair/Schey inquired if there is a potential
problem with the time table by adding this
additional two (2) weeks.
Bill Curley responded that since staff originally
set the date of March 11, 1991, there should be no
grounds to challenge.
Motion was made by VC/Harmony, seconded by C/Grothe
and CARRIED UNANIMOUSLY to continue the matter
until March 11, 1991.
ZCA 91-3 James DeStefano reported that within the County
code there is a wide variety of projects, that
require Public Hearings, with a wide variety of
advertising requirements. Staff would like to
return to the Commission a proposal for a
consistent method of advertising Public Hearing
items, in an ordinance format. The principal
purpose is to manage the County code and do so
ahead of the development code because it effects
projects processing. Staff recommended that the
February 11, 1991
ANNOUNCEMENTS:
Staf f :
Review of the
Development Code
Page 19
Commission continue this item pending further staff
review and analysis.
VC/Harmony inquired if that would include special
notices.
James DeStefano replied that staff can deal with
special notices in any way so directed.
Chair/Schey asked if there is a date staff would be
inclined to continue the matter to.
James DeStefano stated his recommendation would be
to continue the matter to March 11, 1991, as
opposed to tabling it, in order to save advertising
expenses.
Motion was made by VC/Harmony, seconded by C/Grothe
and CARRIED UNANIMOUSLY to continue the matter to
March 11, 1991.
James DeStefano reportec
presently broken out is
chapters. He recommender
be divided into five
Commission meetings to
chapters at a time.
Commissioners concernin,
immediately forwarded
incorporation, in a way t
the administration first
the administrative secti
context, with the purpos
of uroblems with the Los
proposed the review of t.
done in a Public Hear
instead staff would SE
notice, to be publishec
lists the chapters to b
frame included. Public
not in a formalized pub
the Development Code is
[to eleven (11) separate
l the eleven (11) chapters
(5) separate Planning
be reviewed a couple of
The comments from the
r the chapters will be
to the consultant for
hat allows getting through
There is a possibility
Dn will be adopted out of
of cleaning up a variety
Angeles County Code. He
►e Development Code not be
.ng session setting, but
nd out an informational
in the newspaper, that
reviewed, with the time
_nput would be invited but
_ic hearinq process. The
first meeting would be February 25, 1991 involving
a presentation from the consultants. Staff will
present the same proposal to the City Council in
about a month, including the input from the
Commission. In turn the City Council's input will
then be presented back to the Commission, and so
on, with the intent of maintaining revolving
information as to the thought process of each of
the different chapters.
VC/Harmony inquired when the formal Public Hearing
process will be for both the Planning Commission
and then the City Council.
February 11, 1991 Page 20
James DeStefano stated that, depending upon the
amount of additional work that may be needed, he
would approximate the date to be around late June,
1991 or July, 1991 for the Planning Commission, and
one month later for the City Council.
C/MacBride suggested the item to be discussed not
be placed last on the agenda because the majority
of the audience will not remain.
James DeStefano inquired if the Commission would
prefer to set up a study session prior to the
regular meeting or if the Commission would prefer
it to be a business item that would be placed early
on the agenda.
Chair/Schey, after the Commissioner's concurrence
to placing it early on the agenda, suggested an
effort be made to schedule it in such a way so
there are not too many other large controversial
issues on the agenda.
C/Grothe suggested placing a time limit on the
discussion.
James DeStefano stated a time frame could easily be
accomplished
and advertised with a starting and
concluding time
included.
The suggested
review of the Development Code:
February 25 -
chapter 1.1 (Administrative) and
1.11 (Definition) 58 pages
March 11 -
chapter 1.2 (Permits and Approval)
44 pages
March 25 -
chapter 1.3 (General Development
Standards) and 1.4 (Residential
Districts) 35 pages
April 8 -
chapter 1.5 (Employment Districts),
1.6 (Special Districts), and 1.7
(Specific Use Standards) 41 pages
April 22 -
chapter 1.8 (Parking) 16 pages
May 13 -
chapter 1.10 (Land Division) 46
pages
Chair/Schey asked
if the draft development code was
developed by
the Planning Network specifically for
the applicability
of Diamond Bar.
James DeStefano stated the draft document was given
to staff approximately a month ago. Staff reviewed
it quickly and deleted and added pertinent items
relative to Diamond Bar. It is all subjected for
additional change by the Planning Commission and
the City staff.
February 11, 1991 Page 21
General Plan James DeStefano reported that the City Council has
Status asked for a General Plan Status report to be placed
on their next regular agenda of February 19, 1991.
Staff proposes the Planning Network will make the
presentation to bring the Council up to date.
Staff is inviting the Planning Commission, as well
as the other Commissions, to attend the meeting.
Planning VC/Harmony received a complaint describing the City
Commissioners to be in "a state of confusion" in regards to
Comments building ordinances and regulations. He requested
there be a follow up report to discover if the City
is at fault, and the circumstances surrounding it.
Chair/Schey suggested staff be polled on any
complaints received.
James DeStefano warned that complaints may be
received because the answer presented was not what
was desired.
C/Grothe suggested it would be prudent for the City
to mail out a one page questionnaire to the last
six (6) month permit applicantees asking their
opinion of the service received by the contract
building department.
VC/Harmony approved of the idea and noted that
other cities do the same thing at almost every
level of city service.
James DeStefano cautioned that there must be
careful review of responses received. Staff has
developers, daily, who are used to the LA County
style of implementation. The interpretation of the
code by the County is different than ours, even
though ilit is the exact same code. This leads to
dissatisfaction regardless of the way the
information is delivered.
Chair/Schey stated there may be some value, not
discerning if they were happy with the response,
but whether they felt they received a clear
explanation of what the issue was and the reason
for the interpretation.
VC/Harmony stated he does not put a lot of weight
on individual complaints but he has heard this
complaint enough that he is concerned there is a
public image of poor administration. He stated he
would like to identify this particular criticism.
Chair/Schey inquired if there has been a traffic
study indicating a need for the traffic signal,
recommended by the Traffic and Transportation
February 11, 1991 Page 22
Commission, at Grand and Rolling Knoll Drive, as
well as a study determining a need for the "no left ,3
turn" sign designating a time restriction. He
asked if those type of traffic actions are due to
some reasonable traffic issues or because those
residents are complaining.
Sid Mousavi, City Engineer, explained the traffic
signal was a study as part of the Chino Hills
opening to the Grand Avenue. The funding for the
construction of the signal was already paid for by
the County of San Bernardino. The installation was
postponed until the study was done determining if
there is a need for a closure in the area for the
traffic that was cutting through the neighborhood,
or a need for the traffic signal. The Traffic
Commission determined the cut through situation is
a separate issue than the traffic and recommended
to Council to go ahead and install the traffic
signal. The left turn situation is to prevent the
cut through situation through the Rolling Knoll.
Chair/Schey asserted unless there is a legitimate
proven traffic hazard, the street should remain for
public use.
Sid Mousavi stated the issue is not a traffic
hazard but rather if the street is being used as a
cut through. A study has indicated that it is
being used as a cut through and several mitigation
measures were suggested.
C/Grothe suggested the egress and ingress of the
Lucky Center on Grand Ave. be reviewed as a hazard.
ADJOURNMENT: Motion was made by C/Grothe, seconded by VC/Harmony
and CARRIED UNANIMOUSLY to adjourn the meeting at
10:50 p.m.
/s/ DAVID SCHEY
David Schey
Chairman
Attest:
/s/ JAMES DESTEFANO
James DeStefano
Secretary/Planning Commission
1.
MINUTES OF THE TRAFFIC AND TRANSFaRTATION C6MMI8826T1
MEETING OF JANUARY 10, 1991
CALL TO ORDER: Chairperson Ortiz called the meeting to order
at 6:02 p.m. at Diamond Bar Library, 1061 S.
Grand Avenue, Diamond Bar, California.
PLEDGE OF The Commission and Staff were led in the
ALLEGIANCE: Pledge of Allegiance by Chairperson Ortiz.
ROLL CALL: Chairperson Ortiz, and Commissioners Beke,
Chavers and Gravdahl present. Commissioner
Moesser had a conflict with another meeting
and is accepting an unexcused absence.
Also present were City Engineer Sid Mousavi,
Parks and Maintenance Director Charles Janiel,
Sergeant Mike Rawlings, Administrative Analyst
Tseday Aberra, Administrative Analyst Troy
Butzlaff and Secretary Barbara Dedeaux.
APPROVAL OF Minutes of the December 13, 1990 meeting were
MINUTES: approved with the correction under late
business that the Commission had received a
letter from Mr. Bruce Flamenbaum concerning
the lack of stop controls and the excessive
speed of motorists on Longview Drive and
Commissioner Chavers asked that it be
scheduled for the January meeting be added.
COMMISSION Commissioner Gravdahl apologized to the
COMMENTS: Commission for not submitting his priority
listing of the Capital Improvement Program.
He hasn't been able to go through the listing
as he has been ill and suffered a death in his
wife's family.
Commissioner Beke asked if staff would
consider installing sidewalk in the pedestrian
area under the 60 Freeway on Brea Canyon Road
just north of Colima Road/Golden Springs
Drive.
CE/Mousavi reported that the design for
sidewalk in this area is being prepared.
Chairperson Ortiz commented on the traffic in
the area of the intersection of Silver Hawk
Drive and Diamond Bar Boulevard. He has
conducted a study along with the cooperation
of Sergeant Rawlings of the Sheriff's
Department.
Traffic and Transportation Minutes
January 10, 1991
2
PUBLIC COMMENTS: Bruce Flamenbaum who sent a letter which was
the one referenced to in the corrections of
the December minutes gave testimony on the
problems on Longview due to the lack of stop
controls and the excessive speed of motorists.
The residents have offered to pay for the
installation of stop signs in their area on
Longview Drive.
Chairperson Ortiz assured him the item will be
placed on the February agenda.
DISCUSSION:
PARR DIRECTIONAL Charles Janiel, Director of Parks and
SIGNAGE -CITYWIDE Maintenance, presentedthe Commission with a
protype sign approved by the Parks Commission
to replace the existing signs which still
identify City parks as Los Angeles County
facilities.
CE/Mousavi commented generally directional
sign have a brown background.
It was moved by Commissioner Chavers and
seconded by Commissioner Beke to approve the
design as presented with a brown background as
in accordance with the Department of
Transportation Uniform Signs. Motion carried.
LIGHTED STREET Martin Cooper, President of Cooper
SIGN PROGRAM Communications, JoeTillem, consultant for
Cooper Communications working with
municipalities and Daniel Narzarian, President
of Illumination presented their street sign
program to the Commission. Some of the
features of the signage program are better
night visibility, quick reference, public
servicd event promotion, uniformity and are
esthetically pleasing. Some benefits
presented were revenue from advertisements
(all approved by the City), elimination of
City installing & maintaining signs,
elimination of billboards, all lighting and
maintenance costs paid by Illumination and
added safety by lighting dark pedestrian
areas. Some applications would be city
streets, parking lots in business and
entertainment districts and malls.
Traffic and Transportation Minutes 3
January 10, 1991
-----------------------------------------------------------------
After questions and concerns of the Commission
were answered, it was agreed to receive and
file the information at this time as the
Planning Commission is presently reviewing the
sign ordinance for the City. After a new
ordinance is in place then both the Planning
and Traffic Commission can review this sign
program in accordance with City guidelines to
possibly forward a recommendation to City
Council.
RIDESHARE PROGRAM Karla Ravnsborg asked to delay her
presentation as her partner had not arrived.
ITEMS IVD TO IVH It was agreed as requested by staff to
continue to the February meeting Items D -
Brookwood Drive at Summitridge: request for
stop controls, E - Casterock Road and
Sunbright Drive at Fountain Springs Road:
request for stop controls, F - Shadow Canyon
Drive at Diamond Bar Boulevard: traffic signal
study, G- Tin Drive at Diamond Bar Boulevard:
traffic signal study, and H - Street parking
on 30' wide streets (Lark Spring Terrace) as
staff has not received all data to complete
their findings and recommendations.
QUAIL SUMMIT/ Ken Knopf, Countryview Drive resident, gave
ROLLING KNOLL testimony of the difficulty he has when
CIRCULATION attempting to cross Grand
Avenue from Countryview
Drive and the need for a
traffic signal at the
intersection of Rolling
Knoll Drive and Grand
Avenue which would give a
break in the traffic to
allow safer crossing of
Grand Avenue from
Countryview Drive.
Commissioner Chavers stated the recommendation
staff presented at the last meeting was two
part: 1) the cut through problem has been
solved and 2) to install a traffic signal at
the intersection of Rolling Knoll Drive and
Grand Avenue. The Commissions vote at that
time reflected the need for further review of
the cut through situation which has not been
solved. The signal installation should have
been a separate item.
Sgt. Rawlings stated that he has not gathered
Traffic and Transportation Minutes 4
January 10, 1991
-----------------------------------------------------------------
citation or collision data for Grand and
Rolling Knoll Drive but has noted that
enforcing the morning left turn restrictions
is difficult.
It was moved by Commissioner Chavers and
seconded by Commissioner Beke to have staff
initiate the desgin for a traffic signal at
Grand Avenue and Rolling Knoll Drive. Motion
carried with a 4-0 vote.
Commissioner Chavers stated the process is now
in place to commence further action by the
Commission on the cut through problem which
must be initiated either by petition from the
public to City Council or by City Council by
resolution of intent after which a public
hearing on the matter would be scheduled.
He also asked when are the Grand Avenue
striping improvements approved by the
Commission scheduled to be completed.
CE/Mousavi responded this item is on the
January 15th Council agenda and will probably
take a month to complete after approval.
RIDESHARE PROGRAM Commissioner Gravdahl gave a few brief
comments on his contacts with Commuter
Computer and then turned the floor over to
Dominic Menton, Commuter Transportation
Services, Inc., Commuter Computer, Regional
Manager and Karla Ravnsborg, Account
Executive. Their service area covers Los
Angeles, Riverside, San Bernardino and Ventura
Counties. Their objective is to reduce the
demand on the current transportation system of
agenci6s with 100 or more employees. Mr.
Menton described the various programs and
products they can provide to assist in
implementing such a program.
CE/Mousavi asked the City of Diamond Bar does
not have 100 employees and is not required to
implement such a program, would the City be
duplicating efforts of other employers and
what could their company do for the City?
Mr. Menton answered it is what the City
desires they will work with staff to develop a
program and they compile a master list of all
surveys received regardless of whether or not
a matchlist was requested.
Traffic and Transportation Minutes 5
January 10, 1991
-----------------------------------------------------------------
Commissioner Chavers suggested forwarding the
information to the consultant preparing the
Circulation Element to possibly incorporate a
rideshare program into the plan.
The Orange County area is covered by the
Orange County Transportation Commission,
Commuter Network. Mr. Menton will provide the
Commission the same type of information from
Commuter Network and another presentation is
not necessary.
CAPITAL IMPROVEMENT CE/Mousavi stated staff will try to have
PROGRAM calculated for the next meeting and then
present to Council.
Commissioner Gravdahl asked if he could submit
his listing by January 25. CE/Mousavi yes, it
would still be in time to calculate for the
next meeting.
Chairperson Ortiz had comments on a few of the
items: #19 Installation of a traffic signal
at Kiowa Crest Drive and Diamond Bar
Boulevard. He would like the Commission and
staff to investigate transferring this signal
to the intersection of Silver Hawk Drive and
Diamond Bar Boulevard as there is a lot of
activity and traffic at this location as noted
by a letter from Reverend Potthoff of St.
Denis Church and also from traffic accident
history provided by Sgt. Rawlings which shows
more injury collisions at Silver Hawk Drive.
CE/Mousavi stated the legislative body
approved the installation and funding of a
signal at Kiowa Crest Drive and the City
should 1proceed with its installation and a
traffic signal study for the intersection of
Silver Hawk Drive and Diamond Bar Boulevard
should be done.
The Commission directed staff to investigate
why the Kiowa Crest Drive/Diamond Bar
Boulevard traffic signal was included in the
Capital Improvement Prgram when the bid has
already been awarded.
Chairperson Ortiz asked about the background
of the parking on Diamond Bar Boulevard for
Christmas services at St. Denis Church.
Sgt. Rawlings responded the church called the
Traffic and Transportation Minutes 6
January 10, 1991
-----------------------------------------------------------------
station for permission to park on Diamond Bar
Boulevard. They told them approval had to
come from the City. City Manager Van Nort was
contacted and he gave approval for temporary
parking on Diamond Bar Boulevard.
Chairperson Ortiz feels it was an unsafe move
as there were some near misses when car doors
were opened. Staff was directed to
investigate this situation as it will
undoubtedly be requested again.
Chairperson commented on the status of the
Senior Center, CIP Item #49. Eric Stone gave
a presentation to the senior citizens on last
Tuesday of some location possibilities. The
#1 location thus far is the the old Post
Office building on Torito Lane. An architect
from Walnut, Henry Wu, was contacted for some
ideas (his services have been donated). More
information on this is forthcoming.
CE/Mousavi reported this building has asbestos
and to remove it could be more costly than
rebuilding. Attempts have been made to
contact the owner, but he has not been
succesful as yet. He has been looking into
funding possiblities as this is a priority
matter.
Chairperson Ortiz has seen children playing in
the building. The owner should be contacted
to have the windows and doorways boarded up.
Staff will have Code Enforcement investigate
the matter.
Commissioner Chavers stated it is difficult to
accesslGolden Springs Drive from Torito Lane.
This should be taken into account when
considering the site.
LATE BUSINESS: Commissioner Gravdahl asked if any figures on
the usage of the holiday shuttle were
available.
AA/Aberra responded Admin. Analyst Kellee
Fritzal has the information and an article was
in the Tribune a day or so ago.
Commissioner Chavers asked if the Commission
is going to take any action on electing a new
Vice Chairperson. It was agreed to have this
item on the February agenda.
Traffic and Transportation Minutes 7
January 10, 1991
-----------------------------------------------------------------
CE/Mousavi will provide a copy of the
resolution concerning the Traffic and
Transportation Commission at the next meeting.
ADJOURNMENT: There being no further business, meeting was
adjourned at 7:57 p.m.
Respectfully submitted,
BARBARA DEDEAUX
Secretary
ATTEST:
THOMAS ORTIZ, Chairperson
sd�.ssax vee _ 1.1
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 28, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager, Robert L. Van Nort
FROM: Sid Mousavi, City Engineer/Public �sDirector
t
SUBJECT: SURETY BOND RELEASE
BACKGROUND AND DISCUSSION:
All work guaranteed by the following Surety Bond has been completed and the
Los Angeles County Department of Public Works is recommending the acceptance of
work and release of Bond.
1. Bond Number 83 SB 100 327 663 guaranteeing street tree improvements for Tract
No. 42572 in the amount of $7,800
Surety: The Aetna Casualty & Surety Company
100 West Broadway
Glendora, CA 91210
Principal: Bramalea Ltd.
1 Park Plaza, Suite 1100
Irvine, CA 92714
RECOMMENDATION:
It is recommended that the City Council accept the work done on the project and
instruct the City Clerk to release the bond and notify the Los Angeles County,
Director of Public Works of the City Council's action.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
RE ED - --- -----
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang
City Manager City Attorney Assistant City Manager
OF LOS
'cM
+,�®,�
4 y
x ti. x
4LIFORM%
THOMAS A. TIDEMANSON, Director
September 27, 1990
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telcphone: (818) 458-5100
The City Council
City of Diamond Bar
21660 East Copley Drive, Suite 330
Diamond Bar, California 91765
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA. CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: L-5
Dear Council Members:
STREET TREE IMPROVEMENTS
TRACT NO. 42572
VICINITY OF HIGHCREST DRIVE AND ARAMITOS PLACE
All work guaranteed by the improvement security listed below has been completed.
IT IS RECOMMENDED THAT YOUR COUNCIL:
1. Approve the work that has been completed.
2. Exonerate the following listed surety bond:
Bond Number 83 SB 100 327 663
Amount - $7,800
Surety - The Aetna Casualty and Surety Company
100 West Broadway
Glendale, California 91210
Principal - Bramalea Ltd.
1 Park Plaza, Suite 1100
Irvine, California 92714
Please instruct the City Clerk to send a copy of the City Council action on this
recommendation to the surety, principal, and this office.
Very truly yours,
T. A. TIDEMANSON
Director of Public Works
N. C. Datwyler
Assistant Deputy Director
Land Development Division
L q LG:sg/42572A
cc: City Clerk
THOMAS A. TIDEMANSON, Director
September 27, 1990
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (8 18) 458-5100 ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
The City Council
City of Diamond Bar
21660 East Copley Drive, Suite 330
Diamond Bar, California 91765
IN REPLY PLEASE
REFER TO FILE: L-5 -
Dear Council Members:
STREET TREE IMPROVEMENTS
TRACT NO. 42572
VICINITY OF HIGHCREST DRIVE AND ARAMITOS PLACE
All work guaranteed by the improvement security listed below has been completed.
IT IS RECOMMENDED THAT YOUR COUNCIL:
1. Approve the work that has been completed.
2. Exonerate the following listed surety bond:
Bond Number 83 SB 100 327 663
Amount - $7,800
Surety - The Aetna Casualty and Surety Company
100 West Broadway
Glendale, California 91210
Principal - Bramalea Ltd.
1 Park Plaza, Suite 1100
Irvine, California 92714
Please instruct the City Clerk to send a copy of the City Council action on this
recommendation to the surety, principal, and this office.
Very truly yours,
T. A. TIDEMANSON
Director of
Public Works
67
N. C. Datwyler
Assistant Deputy Director
Land Development Division
0 LG:sg/42572A
cc: City Clerk
AGENDA NO. t
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 25, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Jalal Mousavi, City Engineer/Pu�Or�-.Director
SUBJECT: SURETY BOND RELEASES
BACKGROUND
All work guaranteed by the following surety bond has been completed and the
City Engineer is recommending the acceptance of the work and release of the
bond.
1. Bond Number 112 68 66 guaranteeing grading for 2053 Rusty Spur
Road, Lot No. 115, Tract No. 30091, in the amount of $5,710.
Surety:
Principal:
RECOMMENDATION
Explorer Insurance Co.
1890 North Garey Avenue
Pomona, 91767
Wayne and Deborah Simonian
2053 Rusty Spur Road
Diamond Bar, 91765
It is recommended that the City Council accept the work done on this project
and instruct the City Clerk to release the bond.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
REV D B
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
- --- --------
Terrence L. Belange
Assistant City Manager
AGENDA NO. 0
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 25, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
4
FROM: Sid Jalal Mousavi, City Engineer/Public Works Director
SUBJECT: ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT
BACKGROUND & DISCUSSION
A territory bounded by Woodspring Place, E. Tallyrand Drive, Nan Court east
of Longview Drive, and Longview Drive between Nan Court and Eastgate Drive,
as shown on the attached map, are not part of the County of Los Angeles'
Lighting Maintenance District 10006 and County Lighting District LLA -1. The
public interest, convenience and necessity requires the maintenance of a
street lighting system located within said territory. As a result, staff has
worked with the County and developed the attached resolution of the City
Council's consents to the annexation of this area to the said street lighting
districts.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution
granting consent and jurisdiction to the County of Los Angeles in the matter
of annexing this area to the County's lighting districts and instruct the
City Clerk to send a copy of the City Council action to the Director of
Public Works, Los Angeles County.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source N/A
RE ED
- ------t --- -------------------
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
-- - ------U
Terrence L. Belan r
Assistant City Manager
CITY OF DIAMOND BAR
AGENDA REPORT
DATE:
March 1,
1991
MEETING DATE: March 5, 1991
TO:
Honorable
Mayor
and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Jalal Mousavi, City Engineer/Public Works Dire ,
SUBJECT: Traffic Engineering Services
BACKGROUND:
The City of Diamond Bar upon its incorporation contracted the traffic engineering
services to either the County of Los Angeles or the City's contract City Engineer.
After reorganization of the City's Engineering/Public Works Department it has been
appropriate that this department to handle the general traffic and transportation
engineering issues. However, in order to augment the staff capabilities it is
necessary to contract the specialty services with the firms that specialize on
traffic and transportation matters.
On February 4, 1991, staff sent Request For Qualification to several qualified
traffic engineering firms. The selection committee composed of the city staff
reviewed proposals received and interviewed three firms.
Based on qualification of the firms, their availability to provide timely and
professional traffic and transportation engineering services and considering the
City's traffic issues and its needs, staff determined that it is in the best
interest of the City to hire two firms. These two firms are DKS Associates and
Warren C. Siecke Transportation and Traffic Engineering.
DKS Associates is currently conducting the City's Traffic Circulation Element
Study which will be incorporated into the City's General Plan. Staff at DKS are
very familiar with city's traffic issues and city's needs. They also have a team
of professionals that can respond to city requests in a very timely manner.
(Narrative cantin,ed an next page if necessary)
FISCAL IMPACT:
Amount Requested $NJA
Budgeted Amount $75,000 General Fund and Other Funds
In Account Number: 001-4230-5222
Deficit: $ N/A
;REIJED
nue Sourc General Fund, Capital Projects, Private Development Projects
�e �- -------------- ----- -----------
langer
Robert L. Van Nort Andrew V. Arczynski Terrence Belanger
City Manager City Attorney Assistant City Manager
m—Dries D—,!----! , A--- 1 ---
March 1, 1991
Page Two
Warren C. Siecke, Transportation and Traffic Engineering is currently the contract
Traffic Engineer for the City of Brea, Yorba Linda, San Dimas and La Verne. This
firm is familiar with the city government functions and cities traffic engineering
needs. This firm's specialty is in traffic signal design.
RECOMMENDATION:
It is recommended that the City Council award the contracts for professional
traffic and transportation engineering services to DKS Associates and Warren C.
Siecke, Transportation and Traffic Engineering for a period of one year.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this day of
1991, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and
WARREN C. SIECKE, TRANSPORTATION AND TRAFFIC ENGINEERING,
(hereinafter referred to as "CONSULTANT").
A. Recitals.
(i) CITY has heretofore issued its Request for Proposal
pertaining to the performance of professional services with
respect to Traffic and Transportation Engineering matters.
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct of which
proposal is attached hereto as Exhibit "A" and by this reference
made a part hereof.
(iii) CITY desires to retain CONSULTANT to provide
traffic engineering services to CITY, CITY's City Council and
staff on an as -needed basis.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall
apply to the following terms, except where the context of this
1
(a) Activities: The preparation of the Traffic and
Transportation investigations, reports, review, or design of
Traffic and/or Transportation facilities as requested by the CITY
which may include preparation of maps, surveys, reports, and
documents, the presentation, both oral and in writing, of such
plans, maps, surveys, reports and documents to CITY as required
and attendance at any and all work sessions, public hearings and
other meetings conducted by CITY with respect to the project.
(b) Services: Such professional necessary to be
performed by CONSULTANT in order to complete the Project.
(c) Completion of Project: The date of completion of
each phases of the Activities, including any and all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by
CONSULTANT at public hearings will be determined by the CITY.
2 . CONSULTANT aqrees as follows:
(a) CONSULTANT shall forthwith undertake and complete
the project in accordance with Exhibit "A" hereto and all in
accordance with applicable Federal, State and CITY statutes,
regulations, ordinances and guidelines, all to the reasonable
satisfaction of CITY and in accordance with the standard of care
normally provided by practitioners of the engineering profession.
(b) CONSULTANT shall supply copies of all maps, surveys
reports, plans and documents (hereinafter collectively referred
to as "documents") including all supplemental technical docu-
ments, as described in Exhibits "A", to CITY within the time
2
specified by CITY. Copies of the documents shall be in such
numbers as are required by Exhibit "A." CITY may there-
after review and forward to CONSULTANT comments regarding said
documents and CONSULTANT shall thereafter make such revisions to
said documents as are deemed necessary. CITY shall receive re-
vised documents in such form and in the quantities determined
necessary by CITY. The time limits set forth pursuant to this
Section B2.(b) may be extended upon written approval of CITY.
(c) CONSULTANT shall, at CONSULTANT's sole cost and
expense, secure and hire such other persons as may, in the
opinion of CONSULTANT, be necessary to comply with the terms of
this Agreement. In the event any such other persons are retained
by CONSULTANT, CONSULTANT hereby warrants that such persons shall
be fully qualified to perform services required hereunder. CON-
SULTANT further agrees that no subcontractor shall be retained by
CONSULTANT except upon the prior written approval of CITY.
3. CITY agrees as follows:
(a) To pay CONSULTANT either as lump sum or on time -
and -material basis for the performance of the services required
hereunder. This sum shall cover the cost of all staff time and
all other direct and indirect costs or fees, including the work
of employees, consultants and subcontractors to CONSULTANT.
Payment to CONSULTANT, by CITY, shall be made in accordance with
the schedule set forth below.
(b) Payments to CONSULTANT shall be made by CITY
within thirty (30) days of receipt of CONSULTANT invoices in
3
accordance with the invoices submitted by CONSULTANT, every four
(4) weeks. The CONSULTANT shall detail the charges by project
task number, hours worked, and employee classifications, total
not to exceed amount for the project if is a lump sum project,
and percent completed if it is a time -and -material type project.
All charges shall be in accordance with CONSULTANT's proposal
either with respect to hourly rates or lump sum amounts for
individual projects.
(c) CONSULTANT agrees that, in no event, shall CITY be
required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental technical documents, as
described herein acceptable in form and content to CITY. Final
payment shall be made not later than 60 days after submittal of
final documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional ser-
vices requested, in writing, by CITY, and not included in
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall
be paid on a reimbursement basis in accordance with the fee
schedule set forth in said Exhibit "A". Charges for additional
services shall be invoiced every four (4) weeks and shall be paid
by CITY within thirty (30) days after said invoices are received
by CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in Exhibit
"A" hereto.
4
(b) Photographically reproducible copies of maps and
other information, if available, which CONSULTANT considers
necessary in order to complete the Activities.
(c) Such information as is generally available from
CITY files applicable to the Activities.
(d) Assistance, if necessary, in obtaining information
from other governmental agencies and/or private parties. How-
ever, it shall be CONSULTANT's responsibility to make all initial
contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs, reports,
and tapes prepared by CONSULTANT pursuant to this Agreement shall
be considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of ter-
mination specified in said Notice. In the event this Agreement is
so terminated, CONSULTANT shall be compensated at CONSULTANT's
applicable hourly rates as set forth in Exhibit "A", on a pro -
rata basis with respect to the percentage of the Project
completed as of the date of termination. In no event, however,
shall CONSULTANT receive more than the maximum specified in
5
paragraph 3(a), above. CONSULTANT shall provide to CITY any and
all documents, data, studies, surveys, drawings, maps, models,
taxes, photographs, and reports, whether in draft or final form,
prepared by CONSULTANT as of the date of termination. CONSULTANT
may not terminate this Agreement except for cause.
7. Notices and Designated Representatives: Any and
all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this
paragraph 7. The below named individuals, furthermore, shall be
those persons primarily responsible for the performance by the
parties under this Agreement:
CITY: Sid Jalal Mousavi
City Engineer/Public Works Director
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
CONSULTANT: Warren C. Siecke
20142 Canyon Drive
Yorba Linda, CA 92686
Any such notices, demands, invoices and written communications,
by mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work under
this Agreement until it has obtained all insurance required here-
under in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a subcon-
tract until all insurance required of the subcontractor has been
obtained. CONSULTANT shall take out and maintain at all time
P,
during the term of this Agreement the following policies of
insurance:
(a) Worker's Compensation Insurance: Before beginning
work, CONSULTANT shall furnish to CITY a certificate of insurance
as proof that it has taken out full workers' compensation in-
surance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California Labor
Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of Labor
Code which require every employer to be insured against liability
for workers' compensation or to undertake self insurance in ac-
cordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of
this Agreement."
(b) Public Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and ex-
pense, CONSULTANT shall keep, or cause to be kept, in full force
and effect, for the mutual benefit of CITY and CONSULTANT, com-
prehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
7
($1,000,000.00) for property damage, bodily injury or death to
any one person or for any one accident or occurrence and One
Million Dollars ($1,000,000.00) aggregate.
(c) Errors and Omission: CONSULTANT shall take out
and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least One Million
Dollars ($1,000,000.00) per claim and in the aggregate for errors
and omissions ("malpractice") with respect to loss arising from
actions of CONSULTANT performing the Project hereunder on behalf
of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business
in the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representa-
tives; (2) the policies are primary and noncontributing with any
insurance that may be carried by CITY; and (3) they cannot be
canceled except after thirty (30) days' notice by the insurer to
CITY by certified mail. CONSULTANT shall furnish CITY with
copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. CONSULTANT may effect for
its own account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend, indemnify
and save harmless CITY, its elected and appointed officials,
officers, agents and employees, from all liability from loss,
damage or injury to persons or property, including the payment by
CONSULTANT of any and all legal costs and attorneys' fees, to the
extent arising out of the negligent, intentional and/or willful
acts and/or omissions of CONSULTANT pursuant to this Agreement,
including, but not limited to, all consequential damages, to the
maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or
of any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior writ-
ten consent of CITY.
11. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are in-
dependent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
12. Governing Law: This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
13. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled
to recover attorneys' fees and costs from the opposing party in
an amount determined by the court to be reasonable.
E
14. Mediation: Any dispute or controversy arising
under this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and ex-
penses thereof shall be borne equally by the parties hereto. In
the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City
Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or contro-
versy so submitted to mediation. It is specifically understood
and agreed by the parties hereto that referral of any such dis-
pute or controversy, and mutual good faith efforts to resolve the
same thereby, shall be conditions precedent to the institution of
any action or proceeding, whether at law or in equity with re-
spect to any such dispute or controversy.
15. Entire Agreement: This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement,
or promise not contained in this Agreement shall be valid and
binding. Any modification of this Agreement shall be effective
only if it is in writing signed by all parties.
10
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first set forth above.
CONSULTANT
CITY OF DIAMOND BAR
Mayor
City Clerk
11
CWahhen C• gieeke
TRANSPORTATION AND TRAFFIC ENGINEERING
February 13, 1991
Mr. Sid Jalal Mousav_L, P.E.
City Engineer Public Works Director
City of Diamond Bar
Suite 100
21660 East Copley Drive
Diamond Bar, CA 91765-4177
SUBJECT: Request For Qualification To Provide
Traffic Engineering Services
Dear Mr. Mousavi:
I am pleased to submit this response to your request of February
4th for qualifications to provide professional traffic engineer-
ing services. We are very interested in providing services to
Diamond Bar on an "as -needed" basis.
While I understand your primary interest is in services related
to traffic signals, we are capable of providing other traffic
engineering services as may be required. My practice, over the
past fifteen years, has focused on serving the "day-to-day" needs
of cities that have limited staff capability in traffic engineer-
ing. We currently have annual contracts with four cities for
"as -needed" services. This continuing relationship with the
public sector allows us to keep abreast of current requirements
and benefit our other clients accordingly.
QUALIFICATIONS
Our primary experience, expertise and interest is in traffic
signals. My assistant engineer and I each have over 20 years
experience in traffic signal design and operation. In the past
fifteen years we have designed approximately 200 traffic signal
installations and modifications. We have designed computerized
systems for four cities and we currently operate city-wide
systems in our role as consulting City Traffic Engineer for the
cities of Brea and Placentia. In addition, we have completed
numerous projects involving one to ten signalized intersections.
Our capability to perform the work required for this project is
demonstrated by our previous work. The following are representa-
tive projects:
Culver City - Modification and installation of 40 signals,
installation of interconnect and five miles of street light
ing. Our responsibilities included design, inspection and
programming of the master computer.
20142 CANYON DR., YORBA LINDA, CA 92686 • 714/970-6247 • FAX 779-1644
Brea - Federal Aid Urban project involving ten traffic
signals, 2.5 miles of interconnect and upgrading of the
master computer.
Brea - Redevelopment Agency project for widening of Lambert
Road. Modification of five signalized intersections and new
signals at two intersections. Includes three miles of
striping and interconnection to city master computer control
system.
Placentia - Design of city-wide interconnected signal system
including 32 intersections and a central master computer.
The system includes both city -owned cable and leased tele-
phone line interconnect.
Rialto - Design of traffic signals at four intersections
including street widening at two locations.
PERSONNEL
The key personnel who are available for this project are:
Warren Siecke - Traffic Engineer - Mr. Siecke will be the
project manager. He is a registered professional engineer
in the traffic and civil engineering disciplines. His
experience includes over twenty-five years in the traffic
engineering field. His specialization in traffic signal
design and operation began in 1967 when he was assigned to
the Signal Systems Research Unit at the Los Angeles County
Road Department. In this assignment, he was involved in
specifying the type of signal operation for signals in the
unincorporated area and many contract cities. He has been
responsible for the design of approximately 300 traffic
signals ranging from two- phase intersections to computer-
ized and interconnected multi -intersection systems.
John Huie - Assistant Engineer - Mr. Huie will focus on the
design and operation of traffic signals including evaluation
of existing operations. Mr. Huie has over twenty years
experience in the traffic engineering field including nine
years with the City of Pomona Traffic Engineering Division.
He has been involved in the design of over 150 traffic
signals. His extensive experience with signal construction
including inspection has fostered a strong commitment to
providing plans that are "buildable" and clearly convey the
intent to the contractor.
George Brusher - Traffic Engineer - Mr Brusher will conduct
warrant and signal priority studies. He is a registered
traffic engineer. His experience includes more than thirty
years with the Los Angeles County Department of Public
Works, Traffic and Lighting Division. His specialization is
traffic operations studies and use of traffic control de-
vices.
Brea - Federal Aid Urban project involving ten traffic
signals, 2.5 miles of interconnect and upgrading of the
master computer.
Brea - Redevelopment Agency project for widening of Lambert
Road. Modification of five signalized intersections and new
signals at two intersections. Includes three miles of
striping and interconnection to city master computer control
system.
Placentia - Design of city-wide interconnected signal system
including 32 intersections and a central master computer.
The system includes both city -owned cable and leased tele-
phone line interconnect.
Rialto - Design of traffic signals at four intersections
including street widening at two locations.
PERSONNEL
The key personnel who are available for this project are:
Warren Siecke - Traffic Engineer - Mr. Siecke will be the
project manager. He is a registered professional engineer
in the traffic and civil engineering disciplines. His
experience includes over twenty-five years in the traffic
engineering field. His specialization in traffic signal
design and operation began in 1967 when he was assigned to
the Signal Systems Research Unit at the Los Angeles County
Road Department. In this assignment, he was involved in
specifying the type of signal operation for signals in the
unincorporated area and many contract cities. He has been
responsible for the design of approximately 300 traffic
signals ranging from two- phase intersections to computer-
ized and interconnected multi -intersection systems.
John Huie - Assistant Engineer - Mr. Huie will focus on the
design and operation of traffic signals including evaluation
of existing operations. Mr. Huie has over twenty years
experience in the traffic engineering field including nine
years with the City of Pomona Traffic Engineering Division.
He has been involved in the design of over 150 traffic
signals. His extensive experience with signal construction
including inspection has fostered a strong commitment to
providing plans that are "buildable" and clearly convey the
intent to the contractor.
George Brusher - Traffic Engineer - Mr Brusher will conduct
warrant and signal priority studies. He is a registered
traffic engineer. His experience includes more than thirty
years with the Los Angeles County Department of Public
Works, Traffic and Lighting Division. His specialization is
traffic operations studies and use of traffic control de-
vices.
METHOD OF APPROACH
We believe traffic signalization should include several elements.
Our approach will be as follows:
Identification and Prioritization of Needs for New Signals -
We will identify potential locations for future signals.
These locations will be studied to determine if warrants
are satisfied. The warranted locations will then be prior-
itized on the basis of traffic volumes, accident history and
other factors as determined by the city with the objective
of ensuring the most cost-effective use of available funds.
Planning for City-wide System Operation - Signal coordina-
tion to minimized vehicle stops and congestion is a major
priority. Implementation of coordinated operation along can
be very expensive. However, these costs can be minimized by
adopting a city-wide plan that requires participation by
developers, includes signal improvements in street improve-
ment projects where economy -of -scale benefits are available
and positions the city for use of outside funding sources.
We prepared these plans for three cities and they have used
them as the basis for implementing their current computer-
ized systems.
In addition to new signals, the city must have a program to
modify existing signals which may have obsolete equipment
and/or are inadequate for current traffic conditions. To
address this need, we will survey existing equipment and
identify needs. We will recommend improvements and priori-
tization.
Design of Signalized Intersections - Selection of design
standards is an important element of the overall signal
program. Consistency and uniform signal displays reduce
confusion to motorists and result in lower accident frequen-
cies. We will work with the staff to determine the level
of sophistication desired for the signal equipment and
operation. These standards will then be used throughout the
city. Our designs will be based on the standards ds with
adaptions as necessary to address unique problems. Our
signal plans are prepared using CADD equipment. We take
great pride in producing plans that are accurate and "build-
able".
Traffic Signal Operation - Current state-of-the-art control
equipment is capable of providing efficient traffic service
if it is operating correctly. Proper operation is based on
appropriate timing plans and monitoring of equipment to
detect malfunctions. We will review the timing and equip-
ment serviceability for all existing signalized intersec-
tions. Recommendations for improvements and/or revisions
will be made. Timing plans for all new signalized intersec-
tion will be provided. If desired by the city, we will also
check the intersections on a quarterly schedule to identify
deficiencies.
SCHEDULE
Typically, we are able to respond to requests for warrant studies
within two to three weeks. Traffic signal designs usually take
four to six weeks depending on the availability of data and
response to requests for utility information.
FEE
We are amenable to contracts which are based on the lump sum or
time and material method of payment. This can be negotiated for
each project.
For time and material based fees, our hourly rates are based on
the type of work performed per the attached fee schedule. Cate-
gory II rates are charged for work related to the preparation of
plans and specifications for construction of public works im-
provement projects and preparation of signal timing plans.
Category I rates are charged for studies and other services that
do not require preparation of construction plans.
We appreciate the opportunity to respond to your request and look
forward to working with you. If you need more information,
please contact me at your convenience.
Sincerely,
Warren C. Siecke, P.E.
6-diamondbar
FEE SCHEDULE
RATE
ITEM------------------------
Category 1 Category 2*
---------------------------------------------------------------
Traffic Engineer
Assistant Engineer
Draftsperson
Senior Technician
Technician
Clerical
$65.00/hr
$85.00/hr
$53.00/hr
$71.00/hr
$42.00/hr
$55.00/hr
$42.00/hr
$55.00/hr
$24.00/hr
$30.00/hr
$24.00/hr
$30.00/hr
Expenses (outside services, survey, Cost plus 15 percent
travel, printing, etc.)
* Preparation for and attendance at interrogatories, depos-
tions and other legal proceedings shall include waiting time
and travel time and shall be paid for at 1.5 times the rates
in the Category 2 schedule.
m�4 � � M� •�Xi
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this day of
1991, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and DKS
ASSOCIATES, Inc., A California Corporation, (hereinafter referred
to as "CONSULTANT").
A. Recitals.
(i) CITY has heretofore issued its Request for Proposal
pertaining to the performance of professional services with
respect to Traffic and Transportation Engineering matters.
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct of which
proposal is attached hereto as Exhibit "A" and by this reference
made a part hereof.
(iii) CITY desires to retain CONSULTANT to provide
traffic engineering services to CITY, CITY's City Council and
staff on an as -needed basis.
(iv) CONSULTANT represents that it is qualified to
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall
apply to the following terms, except where the context of this
1
(a) Activities: The preparation of the Traffic and
Transportation investigations, reports, review, or design of
Traffic and/or Transportation facilities as requested by the CITY
which may include preparation of maps, surveys, reports, and
documents, the presentation, both oral and in writing, of such
plans, maps, surveys, reports and documents to CITY as required
and attendance at any and all work sessions, public hearings and
other meetings conducted by CITY with respect to the project.
(b) Services: Such professional necessary to be
performed by CONSULTANT in order to complete the Project.
(c) Completion of Project: The date of completion of
each phases of the Activities, including any and all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by
CONSULTANT at public hearings will be determined by the CITY.
2 . CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and complete
the project in accordance with Exhibit "A" hereto and all in
accordance with applicable Federal, State and CITY statutes,
regulations, ordinances and guidelines, all to the reasonable
satisfaction of CITY and in accordance with the standard of care
normally provided by practitioners of the engineering profession.
(b) CONSULTANT shall supply copies of all maps, surveys
reports, plans and documents (hereinafter collectively referred
to as "documents") including all supplemental technical docu-
ments, as described in Exhibits "A", to CITY within the time
2
ments, as described in Exhibits "A", to CITY within the time
specified by CITY. Copies of the documents shall be in such
numbers as are required by Exhibit "A." CITY may there-
after review and forward to CONSULTANT comments regarding said
documents and CONSULTANT shall thereafter make such revisions to
said documents as are deemed necessary. CITY shall receive re-
vised documents in such form and in the quantities determined
necessary by CITY. The time limits set forth pursuant to this
Section B2.(b) may be extended upon written approval of CITY.
(c) CONSULTANT shall, at CONSULTANT's sole cost and
expense, secure and hire such other persons as may, in the
opinion of CONSULTANT, be necessary to comply with the terms of
this Agreement. In the event any such other persons are retained
by CONSULTANT, CONSULTANT hereby warrants that such persons shall
be fully qualified to perform services required hereunder. CON-
SULTANT further agrees that no subcontractor shall be retained by
CONSULTANT except upon the prior written approval of CITY.
3. CITY agrees as follows:
(a) To pay CONSULTANT either as lump sum or on time -
and -material basis for the performance of the services required
hereunder. This sum shall cover the cost of all staff time and
all other direct and indirect costs or fees, including the work
of employees, consultants and subcontractors to CONSULTANT.
Payment to CONSULTANT, by CITY, shall be made in accordance with
the schedule set forth below.
(b) Payments to CONSULTANT shall be made by CITY
3
within thirty (30) days of receipt of CONSULTANT invoices in
accordance with the invoices submitted by CONSULTANT, every four
(4) weeks. The CONSULTANT shall detail the charges by project
task number, hours worked, and employee classifications, total
not to exceed amount for the project if is a lump sum project,
and percent completed if it is a time -and -material type project.
All charges shall be in accordance with CONSULTANT's proposal
either with respect to hourly rates or lump sum amounts for
individual projects.
(c) CONSULTANT agrees that, in no event, shall CITY be
required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental technical documents, as
described herein acceptable in form and content to CITY. Final
payment shall be made not later than 60 days after submittal of
final documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional ser-
vices requested, in writing, by CITY, and not included in
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall
be paid on a reimbursement basis in accordance with the fee
schedule set forth in said Exhibit "A". Charges for additional
services shall be invoiced every four (4) weeks and shall be paid
by CITY within thirty (30) days after said invoices are received
by CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in Exhibit
4
"A" hereto.
(b) Photographically reproducible copies of maps and
other information, if available, which CONSULTANT considers
necessary in order to complete the Activities.
(c) Such information as is generally available from
CITY files applicable to the Activities.
(d) Assistance, if necessary, in obtaining information
from other governmental agencies and/or private parties. How-
ever, it shall be CONSULTANT's responsibility to make all initial
contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs, reports,
and tapes prepared by CONSULTANT pursuant to this Agreement shall
be considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of ter-
mination specified in said Notice. In the event this Agreement is
so terminated, CONSULTANT shall be compensated at CONSULTANT's
applicable hourly rates as set forth in Exhibit "A", on a pro -
rata basis with respect to the percentage of the Project
completed as of the date of termination. In no event, however,
5
shall CONSULTANT receive more than the maximum specified in
paragraph 3(a), above. CONSULTANT shall provide to CITY any and
all documents, data, studies, surveys, drawings, maps, models,
taxes, photographs, and reports, whether in draft or final form,
prepared by CONSULTANT as of the date of termination. CONSULTANT
may not terminate this Agreement except for cause.
7. Notices and Designated Representatives: Any and
all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this
paragraph 7. The below named individuals, furthermore, shall be
those persons primarily responsible for the performance by the
parties under this Agreement:
CITY: Sid Jalal Mousavi
City Engineer/Public Works Director
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
CONSULTANT: Warren Tighe
Principal -in -Charge
2700 N. Main Street, Suite 900
Santa Ana, CA 92701
Any such notices, demands, invoices and written communications,
by mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work under
this Agreement until it has obtained all insurance required here-
under in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a subcon-
tract until all insurance required of the subcontractor has been
L
obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Worker's Compensation Insurance: Before beginning
work, CONSULTANT shall furnish to CITY a certificate of insurance
as proof that it has taken out full workers' compensation in-
surance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California Labor
Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of Labor
Code which require every employer to be insured against liability
for workers' compensation or to undertake self insurance in ac-
cordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of
this Agreement."
(b) Public Liability and Property Damaqe: Throughout
the term of this Agreement, at CONSULTANT's sole cost and ex-
pense, CONSULTANT shall keep, or cause to be kept, in full force
and effect, for the mutual benefit of CITY and CONSULTANT, com-
prehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
7
providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to
any one person or for any one accident or occurrence and One
Million Dollars ($1,000,000.00) aggregate.
(c) Errors and Omission: CONSULTANT shall take out
and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least One Million
Dollars ($1,000,000.00) per claim and in the aggregate for errors
and omissions ("malpractice") with respect to loss arising from
actions of CONSULTANT performing the Project hereunder on behalf
of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business
in the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representa-
tives; (2) the policies are primary and noncontributing with any
insurance that may be carried by CITY; and (3) they cannot be
canceled except after thirty (30) days' notice by the insurer to
CITY by certified mail. CONSULTANT shall furnish CITY with
copies of all such policies promptly upon receipt of them, or
E
certificate evidencing the insurance. CONSULTANT may effect for
its own account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend, indemnify
and save harmless CITY, its elected and appointed officials,
officers, agents and employees, from all liability from loss,
damage or injury to persons or property, including the payment by
CONSULTANT of any and all legal costs and attorneys' fees, to the
extent arising out of the negligent, intentional and/or willful
acts and/or omissions of CONSULTANT pursuant to this Agreement,
including, but not limited to, all consequential damages, to the
maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or
of any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior writ-
ten consent of CITY.
11. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are in-
dependent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
12. Governing Law: This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
13. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled
to recover attorneys' fees and costs from the opposing party in
9
an amount determined by the court to be reasonable.
14. Mediation: Any dispute or controversy arising
under this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and ex-
penses thereof shall be borne equally by the parties hereto. In
the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City
Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or contro-
versy so submitted to mediation. It is specifically understood
and agreed by the parties hereto that referral of any such dis-
pute or controversy, and mutual good faith efforts to resolve the
same thereby, shall be conditions precedent to the institution of
any action or proceeding, whether at law or in equity with re-
spect to any such dispute or controversy.
15. Entire Agreement: This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement,
or promise not contained in this Agreement shall be valid and
binding. Any modification of this Agreement shall be effective
only if it is in writing signed by all parties.
10
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first set forth above.
CONSULTANT
CITY OF DIAMOND BAR
Mayor
City Clerk
11
DKS Associates dP ,
2700 North Mam Street, Suite 900
Santa Ana, ::A 92701
Phone (714) 543-9607
Fax (7141648-0402
February 14, 1991
Mr. Sid Jalal Mousavi
City Engineer/Public Works Director
Department of Engineering
City of Diamond Bar
21660 East Copley Drive, Suite 190
Diamond Bar, CA 91765
Subject: Statement of Qualifications to Perform On -Call Traffic
Engineering Services A91x2020
Dear Mr. Mousavi:
DKS Associates is pleased to submit this statement of qualifications to perform on-call traffic
engineering services for the City of Diamond Bar. This submission adheres to the RFQ stated
format and reflects our traffic/transportation engineering capabilities to undertake the City's
projects.
DKS Associates is the largest specialized transportation consulting firm in California with
extensive experience in traffic engineering and transportation planning. The firm employs over
120 transportation engineers and support staff, including over 20 in its Orange County office.
We have assembled a team with the range and depth of technical specialties required to
successfully complete traffic engineering and transportation planning projects. We have
completed projects for over 300 public and private clients.
DKS is currently the on-call consultant for engineering services for the California Department
of Transportation (Caltrans), District 8, Riverside; for traffic engineering services in District 7;
and for freeway operations in District 4. In addition, DKS has provided on-call traffic
engineering services for several cities including Glendale and Costa Mesa.
DKS possesses the following key qualities:
. demonstrated competence and professional excellence,
. key personnel with sound technical knowledge and experience relevant to the City's
needs,
. depth of resources to provide sufficient staff on projects to meet schedules,
. ability to provide high quality products,
Mr. Sid Jalal Mousavi
February 14, 1991
Page 2
. state-of-the-art computer aided drafting facilities, and
. effective project management, and quality control procedures and mechanisms.
We enjoy working with the City of Diamond Bar in developing the City's traffic circulation
element and would like to continue assisting you with upcoming traffic engineering projects.
Please do not hesitate to call if you have any questions or would like any additional
information. We look forward to hearing from you.
Sincerely,
DKS Associates
4V*^"V4.01-94
Abi Mogharabi, P.E.
Senior Transportation Engineer
Catherine Higley, Principal
Director of Orange County Operations
JEJ:kk
attachment
29839.A91x2020.1er
STATEMENT OF QUALIFICATIONS
for On -Call Traffic Engineering Services
prepared for
City of Diamond Bar
by
DKS Associates
February 1991
DKS Associates
Table of Contents
GENERAL INFORMATION ....................................... 1
LEVEL OF STAFFING .......................................... 3
RELEVANT EXPERIENCE ....................................... 6
CLIENTS .................................................... 10
FEE SCHEDULE .............................................. 11
RESUMES ................................................... 12
29839.A91x2020.SOQ
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General Information
DKS Associates
Overview
of the Firm
DKS Associates provides:
• Traffic Engineering
• Civil Engineering
• Transportation Planning
• Transit
• Traffic Control Systems
• Traffic Signal Design
• Parking
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Company Profile
DKS Associates is a consulting engineering company,
specializing in transportation. Areas of practice include
traffic and civil engineering and transportation planning.
Corporate headquarters are located in Oakland, California,
with branch offices in Los Angeles, Orange County and
Sacramento.
Founded in 1979 with an original staff of eight, DKS is now
the largest specialized transportation engineering firm in
California.
Projects undertaken for public agencies involve areawide
transportation plans, circulation studies, transit plans, and
traffic control systems. For clients in the private sector,
DKS has performed impact studies and prepared circulation
plans for large multi -use developments, new towns, business
and industrial parks, and special event facilities.
M
S �
Transportation Experts
The credentials of DKS engineers and planners are based on
both experience and education, with the majority of the
professional staff holding advanced degrees. In addition to
being experts within their fields, many staff members are
skilled in public policy planning, transportation economics,
and project management.
The DKS Formula
DKS develops solutions to meet the unique problems and
objectives of a client while still addressing the broader
transportation interests of the public. This simple formula is
applied to every project the firm undertakes, and is reflected
in DKS's reputation for producing reliable and innovative
project results.
DKS Associates
Offices and Oakland
1956 Webster Street, Suite 300
Contacts Oakland, California 94612
Phone: (415) 763-2061
Fax: (415) 268-1739
Daniel Smith, Jr., or Warren Tighe
Officers and Principals: Sacramento
1225 Eighth Street, Suite 260
Richard Sauve Sacramento, California 95814
President Phone: (916) 442-4288
Fax: (916) 442-6404
Daniel Smith, Jr. John Long or Leo Lee
Vice President
Los Angeles
William Dietrich
411 West Fifth Street, Suite 500
Vice President
Los Angeles, California 90013
Phone: (213) 627-0419
Fax: (213) 627-9761
Maurice Mitchell or Leo Lee
Catherine Higley
Orange County
Michael Kennedy
2700 North Main Street, Suite 900
Thomas Krakow
Santa Ana, California 92701
Phone: (714) 543-9601
Leo Lee
Fax: (714) 648-0402
John Long
Catherine Higley
Ransford McCourt
Portland, Oregon
Warren Tighe
700 S.W. Taylor Street, Suite 305
Portland, Oregon 97205
- Richard Tilles
Phone: (503) 243-3500
Fax: (503) 243-1934
Ransford McCourt
I
Level of Staffing
DKS Associates
Level of Staffing
DKS Associates has assembled a professional team with the range and depth of technical
specialties required to successfully complete traffic engineering projects. We have demonstrated
the capability of providing sufficient staff on projects and ability to provide high quality products.
DKS' proposed organization chart includes the principal -in -charge for all upcoming projects and
project engineers for possible various traffic and transportation projects and issues.
29839.A91x2020SOQ 3
DKS Associates
CITY OF
DIAMOND BAR
J
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CPRINCIPAL_IN-CHARGEI _
OKS Associates
WARREN TIGHE, P.E. lI PROJECT MANAGER
ABI MOGHARABI, P.E.
1
!1
TRAFFIC OPERATIONS
TRAFFIC CONTROL
PLANS
SIGNING AND STRIPING
TRAFFIC IMPACT STUDIES
11 "
r
PROJECT ENGINEERS
JOHN JORGENSEN
VENU SARAKKI
MOE WADI
VINH NGUYEN
LIGHTING
AND
SIGNAL DESIGN
ii
PROJECT ENGINEERS
VINH NGUYEN
MAJID HAMOUDA
ABI MOGHARABI, P.E.
GLENN HAVINOVISKI
l
11
CAD SUPPORT
ALEX HOANG
DENWUN LIN
MAHMOUD SHAMS-
` AHMADI
PROPOSED ORGANIZATION CHART
Relevant Experience
DKS Associates
Relevant Experience
LADOT SMART Corridor Traffic Signal Design
DKS has just completed plans, specifications and estimates for the modification of 312 traffic
signals along arterial roadways parallel to the Santa Monica Freeway. The design work included
hard wire interconnect for each signal, signal improvements, and changeable message sign (CMS)
and closed circuit television (CCTV) placement. DKS is also preparing plans for the system to
tie the signals into the City of Los Angeles ATSAC system.
Santa Ana Signal Timing
DKS developed signal timing plans for 45 intersections in the City of Santa Ana.
PASSER II -87 was utilized to coordinate the signals along major east/west arterials while holding
the existing north/south coordination in place. The project included preparing the five time -
of -day plans for suitable entry into the City's VMS 220 master controller, and a before/after
study was also conducted.
Diamond Bar Traffic Circulation Element
DKS Associates is currently developing a citywide traffic model to provide the newly
incorporated city with long-range travel demand forecasting. The model will be utilized to
evaluate and determine the adequacy of the existing transportation system as well as future
circulation needs. In addition, DKS will quantify the relationships between land use growth and
transportation system supply and demand, and formulate strategies to fund needed circulation
system improvements.
Birtcher Xerox Centre Traffic Analysis
The proposed Birtchcr Xerox Centre is to be a 1.1 million square -foot office/retail complex
located adjacent to the I-5 Freeway between First Street and Fourth Street in Santa Ana. The
traffic impact analysis for the project evaluated addressed impacts of the project by phase and
at full buildout. It assessed the levels of improvement required to accommodate project traffic
as well as cumulative development in the area, and provided an estimate of the cost to
implement the improvements. The effects of improvements to the I-5 and Route 55 freeways,
which resulted in closures of First Street and Fourth Street at each of these freeways for up to
one year each, were also evaluated.
29839.A91x2020.SOQ
DKS Associates
Caltrans District 8 On -Call Services
DKS is currently developing plans, specifications and estimates (PS&E) for the widening and
signalization of four freeway interchanges in District 8. The project also includes the signing,
striping and lighting for each of the four interchanges.
Lancaster Signal System Feasibility Study
As part of the project involving the analysis of the City of Lancaster's signal equipment and
operational requirements, DKS Associates conducted a complete evaluation of currently available
system control technology, including hardware, communication, and software components.
Recommendations for a specific system were made and plans, specifications, and estimates were
prepared. DKS Associates also assisted the City in construction administration for system
installation and also created signal timing coordination strategies for peak and off-peak
operations.
Long Beach -Los Angeles Rail Transit Project
DKS Associates is a member of the design team performing alternative studies for a light rail
project extending between the downtown areas of Long Beach and Los Angeles for the Los
Angeles County Transportation Commission.
DKS' involvement included the detailed evaluation of the 21 -mile long mid -corridor segment
which is proposed to utilize existing Southern Pacific operating right-of-way. DKS provided
advice to the design engineers on railroad/light rail interface, reviewing design and operations
plans, performing delay studies and negotiating with the railroad on design features of the
project. DKS also performed traffic operations analyses in the downtown segments of Long
Beach and Los Angeles. Besides the traffic analysis rail/road interface studies, DKS also
performed design of geometric layout, signing and striping, traffic signals and street lighting for
the mid -corridor and Long Beach segments of the project. With the utilization of the
AutoCAD system, DKS recently completed 103 design plans for the mid -corridor in a very
condensed schedule, and with high quality products conforming to various jurisdictional standards
such as those of LA County and the City of Los Angeles.
Los Angeles County Traffic Signals
DKS Associates prepared plans, specification and cost estimates (PS&E) for the upgrading of
traffic signals at four locations in East and Walnut Park areas of Los Angeles County: Olympic
Boulevard at Vancouver and McBride Avenues, and Pacific Avenue at Broadway and Live Oak
Street.
29839.A91x2020.S0Q 6
DKS Associates
Oxnard -Ventura 101 Corridor Study
DKS Associates evaluated alternative scenarios for widening Highway 101 between Johnson
Drive and Vineyard Avenue. One purpose of the study was to develop an equitable cost
sharing formula for the improvements based on traffic generated by land uses in Oxnard and
San Buenaventura. In order to accomplish this, DKS worked with the two Cities, the County
of Ventura and SCAG to develop future travel demand forecasts along this corridor which were
consistent with the current land use planning efforts of the different jurisdictions.
City of Vista Traffic Signals
DKS Associates prepared plans, specifications and cost estimates (PS&E) for two intersections
of freeway ramps (SR -78) and Emerald Drive in the City of Vista, San Diego County. Plans
were prepared utilizing the AutoCAD system. Modifications of the existing traffic signals,
approach detector loops, and recommendation of new equipment were made as part of this
project. These modifications will allow the addition of a through lane along Emerald Drive in
each direction.
Walnut Creek Signal System Study
DKS Associates performed a study of the City's current and future traffic signal system needs
and recommended changes and new equipment. The study included an analysis of existing
operations, assessment of alternative hardware and software for needed improvements, and an
evaluation of auxiliary features such as closed circuit television surveillance, variable message
signs, and variable progression speed advisory signs. The alternatives evaluation considered
staffing needs, maintenance costs, control room needs, and reliability, in addition to initial cost
and functionality.
Long Beach -Los Angeles Rail Transit Project - Long Beach Signal Timing
DKS Associates was tasked with the responsibility to re -time the downtown Long Beach traffic
signals to increase the cycle length from 60 seconds to 75 seconds. This change was necessitated
by the introduction of light rail operations to Long Beach Boulevard and to increases in traffic
volumes. DKS coordinated the collection of field data and used TRANSYT-717 to generate new
signal timings. Special considerations were made to take into account the special needs of light
rail vehicles operating at -grade.
Pasadena FETSIM
DKS Associates used the TRANSYT-7F computer model to optimize 58 intersections in
Pasadena. This signal system contained both pre -timed and actuated controllers of various
types which were eventually to be part of a centralized system for the entire city. DKS paid
29839.A91x2020.S0Q 7
DKS Associates
special attention to implementation and fine-tuning of the computer-generated signal timings.
"Before" and "after" studies were conducted to verify the improved signal timing.
On -Call Contracts
DKS Associates has provided transportation engineering and planning services on an on-call
basis to several public agencies. Those agencies include the following:
. Caltrans District 7, Traffic Engineering Services
. Caltrans District 7, Environmental Studies, subconsultant to Myra Frank Associates
. Caltrans District 8, Signal Design Services
. City of Glendale, Traffic Engineering Services
. City of Costa Mesa, Traffic Engineering Services
. City of Los Angeles Community Redevelopment Agency, Traffic Engineering Services
. Long Beach -Los Angeles Rail Transit Project, Annual Work Program, Traffic
Engineering Consultant to General Engineering Consultant
. Los Angeles County, On -Call Modeling Training
29839 A91x2020.SOQ 8
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Clients
DKS Associates
Representative
Public Agencies
Client Listing
Caltrans Department of Transportation (Caltrans)
Federal Highway Administration (FHWA)
Riverside County Transportation Commission (RCTC)
Southern California Association of Governments (SCAG)
Los Angeles County Transportation Commission (LACTC)
DKS Associates has undertaken
Sacramento Council of Governments (SACOG)
Ports of Oakland, Portland and San Francisco
thousands of projects for clients
East Bay Municipal Utility District (EBMUD)
in both the public and private
Alameda County (AC) Transit
sectors.
Arizona Department of Transportation
Metropolitan Transportation Commission (MTC)
Corporations
American Express McDonald's Corp.
Bank of America Melvin Simon
Bechtel Corporation Pacific Bell
-
Bedford Properties The Planning Center
Dow Chemical Santa Fe Pacific Realty
EIP Associates Shell Oil Company
First Interstate Bank SOM Architects
Kaiser Permanente United Enterprises, Ltd.
Lincoln Properties United Parcel Service
Marine World/Africa USA TRANSCAL
Cities
in California: Costa Mesa, Lancaster, Los Angeles,
Moreno Valley, Napa, Oakland, Ontario, Palm Desert,
Palmdale, Pasadena, Rancho Cucamonga, Rialto, Sacramento
San Bernardino, San Francisco, San Jose, San Luis Obispo
-
San Ramon, Santa Ana, Santa Monica, Vista, Walnut Creek
also Bellevue and Seattle, Washington; Reno and
Sparks, Nevada; Anchorage, Alaska; Salem, Oregon; Dallas,
Texas
Counties
Contra Costa, Los Angels, Orange, Riverside, San Bernardino,
San Diego, San Luis Obispo, Santa Clara
Institutional Clients
California State University, various campuses
Los Angeles Unified School District
Palos Verdes Peninsula Unified School District
Bureau of Land Management
Veteran's Administration
University of California, various campuses
Fee Schedule
DKS Associates
Fee Schedule
Effective June 1, 1990 through June 1, 1991
ENGINEERS and PL4NNERS
TECHNICIANS and SUPPORT STAFF
Hourly Rate
Hourly Rate
Grade 1 S 40.00
Tech Level A
$ 20.00
Grade 245.00
Tech Level B
._....__. _ _.........
_ 25.00
_ .. ...............
Grade 3 50.00
Tech Level C
30.00
Grade 4 55.00
Tech Level D
35.00
Grade 5 60.00
Tech Level E
40.00
Grade 6 65.00
Tech Level F
45.00
Grade 7 70.00
Tech Level G
50.00
Grade 8 75.00
Tech Level H
55.00
Grade 9 80.00
Tech Level I
60.00
Grade 10 85.00
Tech Level J
6
Grade 11 90.00
Tech Level K
70.00
Tech Level L
75.00
Grade 12 95.00
__. _ _
Tech Level 144
80.00
Grade 13 100.00
Grade 14 105.00
Grade 15 110.00
Grade 16 115.00
Grade 17 120.00
Grade 18 125.00
Grade 19 130.00
Grade 20 135.00
Project expenses will be billed at cost plus ten percent for service and handling.
Project expenses
include project -related costs such as transportation,
subsistence, reproduction, postage, telephone,
computer charges and subcontractor services.
All invoices are due and payable within 30 days
of date of invoice. Invoices oustanding over 30
days will be assessed a 1'/, percent service charge, not to exceed the maximum
allowable by law,
for each 30 days outstanding beyond the initial payment period. Service charges are not included
in any agreement for maximum charges_
Expert witness charges are available on request.
Revised 05/08/90 DKSSF-fees/A
Resumes
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DKS Associates
WARREN TIGHE
Principal
EDUCATION
- Bachelor of Engineering (Honors), Civil Engineering, University of New South Wales, 1973
PROFESSIONAL REGISTRATION
California No. 37311 (Civil) Nevada No. 8017 (Civil)
California No. 1408 (Traffic)
- YEARS EXPERIENCE. 16
PROFESSIONAL EXPERIENCE
— Mr. Tighe manages DKS's traffic and civil engineering operations in the Oakland office. Projects under
his supervision involve highway operations analysis, roadway improvement design, traffic signal design
and traffic control system development.
Traffic Control Systems. Analyzed and designed traffic signal and control systems for various cities,
including evaluation of alternative technologies and systems configurations, preparation of plans,
specifications and cost estimate, software design and testing, and system implementation, optimization,
- and staff training. Major traffic control system projects have included Los Angeles (modification for
LRT), Sacramento, Long Beach, Walnut Creek, Fremont, Reno/Sparks and Canberra (Australia).
Projects have involved state-of-the-art traffic signal systems, priority systems for on -street light rail transit
vehicles, variable speed advisory signs, changeable message signs, CCTV surveillance, motorist information
systems, and various communications networks including fibre optic installations. Traffic signal system
experience has included time base coordination, closed-loop on -street master systems, three-level
distributed intelligence systems, and central second -by -second control systems.
Project manager for traffic signal coordination optimization, including use of TRANSYT-7F and
PASSER Il, for numerous cities involving a range of equipment from fixed time mechanical to fully
vehicle actuated and traffic responsive systems. Developed the TRADIS interactive computer program
to automatically generate and vary time -space and time -location diagrams. Developed the QUICK -717
preprocessor for TRANSYT-7F data input and management. Developed techniques for more accurately
modelling vehicle actuated signals with TRANSYT-7F.
Traffic Operations Analysis. Analyzed and optimized the operation of numerous intersections,
interchanges, traffic circles, streets, freeway segments and ramps, and rail grade -crossings. Projects have
included complex intersection groupings and interchanges requiring detailed analysis of queueing effects,
- and traffic progression in addition to traditional capacity analysis. Traffic signal operations analyses have
involved optimization of detector placement and logic, investigation of effects of short lanes or pockets,
optimum signal phasing, and comparison of geometric alternatives. Rail crossing analyses have involved
determination of impacts of grade -crossings on traffic operations, need for preemption of adjacent signals,
and warrants for grade separation. Simulation models used include FREQ10 for freeways, TRANSYT-
7F for adjacent signalized intersection evaluation, and ROADTEST and QSPREAD for grade crossings.
— Road and Signal Design. Responsible for several street improvement design projects involving road
widening, utility relocation, traffic signal installation or modification, street lighting, signing, and
pavement marking. Responsible for PS&E for numerous traffic signal design projects including
installation of closed-loop coordination masters, signal interconnect, and railroad preemption. Roads,
DKS Associates Abi Mogharabi / page 2
inter -city bus terminal facility. Project engineer on master plan design team for the 'P,-hran International
Airport.
Traffic Impact Analysis. Prepared complete traffic impact and circulation studies including trip
generation, trip distribution, roadway and intersection capacity analysis utilizing 1965 HCM, Circular 212
and 1985 HCM procedures and software packages such as TRACS and IMPAX for various private
developments and public sectors as separate documents or in conjunction with environmental impact
reports.
Project manager for traffic impact analysis on numerous projects in Santa Clarita. Examples are: traffic
impact study for a 300,000 square -foot retail/commercial complex; traffic impact study and traffic
operation improvements study for Valencia Industrial Center; traffic impact study for the Valencia
Corporate office complex; traffic impact study for State Farm Insurance Company's corporate office.
Project manager for traffic impact and circulation analysis for Norco Business Center. Project manager
for numerous traffic impact studies in Garden Grove, Corona, Anaheim, Santa Ana, Glendale, Simi
Valley, Burbank, 11 stin, Pasadena, Chino, Rosemead, Pomona, Perris, Carlsbad, Beverly Hills, La Mirada,
Colton, San Clemente, Yorba Linda, San Juan Capistrano, Chino Hills, Stanton, Signal Hill, Downey,
Los Angeles, 'lbmecula and several other cities in southern California. Project manager for traffic impact
studies for several residential complexes in Seattle and Lacey in the State of Washington.
Parking Demand Analysis. Project manager for parking needs analysis for Emerald Court in Anaheim,
Norco Business Center, and the La Cienega office complex. Conducted parking utilization analysis,
parking accumulation analysis and parking feasibility analysis for several projects in Seattle, Lacey and
several cities in southern California.
Signal Design, Street Striping and Marking. Participated in design and development of final detail
signal design plans for over 30 intersections in Orange County, Los Angeles County and Riverside
County. Project engineer for signal design and striping plans for Owens Drive/Main Street in Santa Ana,
signal design in Norco, Pomona and Valencia. Project manager for preparation and evaluation of traffic
control plans for Route 91 in Riverside County.
Teaching. Assistant professor of transportation engineering at Shiraz University, University of
Washington, Seattle and California State University Los Angeles. Instructed transportation engineering
courses at the graduate and undergraduate levels and developed several research projects. 'Idught '
transportation planning, network analysis, public transportation, traffic engineering, highway design, city
planning, engineering economy and land surveying courses. Conducted research projects in demand
modeling, public transportation, traffic operation improvement and transportation network design.
PROFESSIONAL SOCIETY MEMBERSHIPS
American Society of Civil Engineers
Institute of Ttansportation Engineers
R1090
DKS Associates
ABI MOGHARABI
Senior Transportation Engineer
EDUCATION
Bachelor of Science, Civil Engineering, University of Shiraz, 1967
Master of Science, Civil Engineering, Uansportation, University of California, Berkeley, 1969
Doctor of Philosophy (Ph.D), Civil Engineering, 71ansportation, University of California, Berkeley, 1973
PROFESSIONAL REGISTRATION
California No. 42614 (Civil)
Nevada No. 8674 (Civil)
YEARS EXPERIENCE: 18
PROFESSIONAL EXPERIENCE
_ Dr. Mogharabi is a former professor of transportation engineering who has held positions at the
University of Washington and at the California State University, Los Angeles. His background includes
transportation planning, network analysis, public transportation, traffic engineering, highway design, city
planning, engineering economy and land surveying. He has conducted research and private consulting
-- projects in demand modeling, transit, traffic operation improvement, transportation network design, and
transportation impact analysis.
Transportation Engineering and Planning. Conducted numerous studies and design projects in
transportation engineering. Performed traffic studies, geometric design, signal design, and parking and
transportation planning studies. Supervised national and international transportation planning, design
and demand modeling studies. Project manager for citywide trucking study for the City of South Gate
including long-range truck trips forecasting, truck routes determination and evaluation, truck fee
ordinance preparation and recommendations in connection with strategies to alleviate the impacts of
truck traffic on residential neighborhoods. Project manager for the City of La Mirada's redevelopment
project including a regional shopping center, general office buildings, movie theaters and commercial
uses. Project manager for redevelopment projects for the City of Monterey Park. Supervised and
completed trip forecasting modeling, capacity analysis, parking analysis, street striping and channelization
plans.
Task leader for the RCTC Measure A Project Alternatives Analysis in areas of park-and-ride locational
analysis and forecasting, and HOV modeling and forecasting. Project manager for local traffic impacts
of the proposed Central Orange County Corridors 'ftansitway AA/EA for the OCTD. Task leader for
traffic study portion of the Ritter Ranch project in Palmdale in conjunction with its Environmental
Impact Report (EIR). Project manager for North Harbor Specific Plan traffic studies for the City of
Santa Ana. Participated in the development of the PC based TRANPLAN version of RIVSAN travel
demand forecast model to be used in evaluating the Measure A projects for ROTC.
Project manager for long-range transportation planning for several cities including Shiraz, with a
population of 600,000, Jahrom, Lar, and Amol with 100,000 inhabitants each. Project manager for
detailed transportation planning and geometric design of all arterial streets within those cities. Project
manager for transportation network planning and design of several new towns. Project manager for
DKS Associates Warren Tighe / page 2
siteworks and hydraulics engineer for the planning and preliminary design of Stage 2 of the Holsworthy
Army Base development near Sydney.
Public Transit. Responsible for final design of LRT/traffic interface for light rail transit (LRT) systems
in Los Angeles, San Jose, and Sacramento. Responsible for development and analysis of alternative
strategies for operation of at -grade portion of Woodward Corridor (Detroit) LRT and preliminary design
of favored strategy. Advisory and review role in several other LRT designs including San Diego, Dallas,
and San Francisco. Assisted in various studies of bus priority measures using both passive and active
techniques, on arterial roads in Canberra. Responsible for traffic engineering aspects of Bus Interchange
Planning Projects in Canberra and Adelaide.
Transportation Planning. Participated in the computer modelling of urban land-use/transportation
interaction to study strategic policy for the development of regional centers in Metropolitan Sydney.
Assisted in transportation/land-use modelling aspects of a study of growth options for the Sydney
Metropolitan Region. Participated in a study of access and parking for a new Telecommunications
Tower on Black Mountain, Canberra. Project engineer in studies of traffic impacts of various proposed
developments.
Parking. Assisted in the conduct of a comprehensive review of parking needs and policy in Canberra
City. Project engineer for a study of the present and future parking requirements and policy in the
Belconnen Town Center, Australian Capital Territory. Consultant to . the Australian Department of
Construction for the rewriting of NAASRA's (National Association of State Road Authorities) parking
design guidelines.
Municipal Engineering. Consultant to the Canberra Department of Roads, for the development of a
comprehensive road maintenance program involving the planning and conduct of data gathering surveys
for all roads, streets and parking lots in the Australian Capital Territory and the development, testing
and documentation of a system for quantifying road surface and pavement condition. Consultant to the
Department of Roads for the critical inspection of new road projects prior to hand -over. Engineer
assisting the Supervising Engineer in the Department of Roads's Day Labor section (handling all road
maintenance plus some new road construction) involving scheduling and planning of projects and
maintenance work, including plant, labor and materials selection and timing. Also responsible for field
supervision of new and maintenance work, financial control, design and estimating, and the performance
effectiveness evaluations.
Design engineer in the Department of Roads involved in design of roads and parking lots, plus cost
estimating. Engineer in charge of General Works Civil Design Cell, handling numerous and varied
minor new works in Canberra. Divisional liaison officer responsible for implementation and development
of a computerized system of project analysis in the Department's General Works Division.
MEMBERSHIPS
Institute of Transportation Engineers
Transportation Research Board
PUBLICATIONS
Integrating LRT into Flexible Traf jic Control Systems. Presented at the Fourth National LRT Conference,
sponsored by the Transportation Research Board, May 1985.
Modeling Dual -Ring Actuated Signals with TRANSYT--7F. Presented at the North American Conference
on Microcomputers in Transportation, sponsored by American Society of Civil Engineers, June 1987.
ROADTEST - A Microscopic Traffic and Transit Simulator. Presented at the North American Conference
in Microcomputers in Transportation, June 1987.
Rlo90
DKS Associates
VINH NGUYEN
Transportation Engineer
EDUCATION
Bachelor of Science, Civil Engineering, University of Nebraska, Lincoln, 1983
PROFESSIONAL REGISTRATION
Nebraska, Engineer-In'IYaining No. EIT-4776
YEARS EXPERIENCE: 6
PROFESSIONAL EXPERIENCE
Traffic Signal Design and Operation - Project Engineer for several traffic signal design projects involving
12 new and modified traffic signals in Santa Ana. Responsibilities included field review, preparation of
plans, specifications and estimates, field inspection and technical assistance during construction.
Responsible for the review of plans and specifications, and for technical assistance over 30 new and
modified traffic signals in Santa Ana to ensure adequacy and compatibility with the City's VMS 220
system. Also prepared and implemented traffic signal timing and attended signal turn -ons to ensure that
the required specifications are met and the signals are working properly. Prepared signing, striping and
signal plans for the intersection of Gene Autry and I-10 eastbound off -ramp for Caltrans District 8.
Prepared plans, specifications and estimates for the intersection of Metate Lane and Community Road
in the City of Poway. Project Engineer for the City of Lancaster Traffic Signal System. Responsibilities
included coordinating the development and implementation of the MIST system, and preparation of plans
and estimates for the citywide interconnect.
Project Engineer for the SMART Corridor for the City of Los Angeles Department of 'I1'ansportation.
Responsible for numerous traffic signal designs for the SMART Corridor. Project Engineer for the three
traffic signal designs for the Foothill Corridor (Route 241) interchanges at Alton Parkway and Portola
Parkway. Responsibilities included preparation of plans, specifications and estimates.
Traffic Engineering - Prepared signing and striping plans and estimates as part of resurfac-
ing/reconstruction projects for over 15 miles of arterial streets in Santa Ana, including major arterials
such as Fairview Street, Bristol Street, Main Street, MacArthur Boulevard, First Street, 17th Street and
Edinger Avenue. Prepared proposed striping plans for four miles of the Bristol Street corridor widening
project from Warner Avenue to Memory Lane in Santa Ana. Prepared signing and striping plans for
the widening of the First Street and Fourth Street bridges over the I-5 and SR -55 freeways, and the
Warner Avenue bridge over SR -55 in conjunction with Caltrans' I -51I-55 widening projects. Prepared
striping plans and estimates for several slurry seal projects that covered more than half of the streets
in Santa Ana. Prepared geometric design for raised median islands at various locations on First Street,
and First Street from Cabrillo Park Drive to Tustin Avenue. Prepared geometric design for the ultimate
widening and raised median island with dual left -turn lanes and striping for Main Street from Sandpointe
to Alton Avenue. Reviewed the geometric layout, signing, striping and raised median island for the
widening and realignment of Owens Drive from Main Street to the east city limit. Reviewed signing,
striping and signal plans for numerous developments in Santa Ana including the Santa Fe industrial
complex, Main Place shopping center and MacArthur Place commerciallresidential center.
Conducted over 250 traffic signal and left -turn warrant studies. Prepared signal and left -turn priority
lists yearly for Santa Ana. Prepared requests for proposals and contract documents for Santa Ana's
DKS Associates Minh Aggy n 1 page 2
biyearly citywide ADT count program. Also investigated and responded to citizen requests regarding
traffic signal, signing, striping and safety related issues.
Prepared traffic control plans for Santa Ana 'Ibys on Parade, Orange County Times parade and for the
Santa Fe Railroad crossing improvements project at Grand Avenue, Fourth Street, 17th Street, Santa
Clara Avenue and Fairhaven Street. Reviewed over 150 sheets of traffic control plans for numerous
sewer, storm drain and resurfacing projects in Santa Ana. Reviewed the traffic control plans for
_ Route 91 reconstruction in the City of Corona.
Traffic Impact Analysis - Reviewed the traffic impact report sections of the EIR's for Boys Market,
MacArthur Place, Hutton Centre One, Xerox Center, SR -55 SB off -ramp at MacArthur Boulevard, Alton
and McGaw overcrosses at SR -55 and the traffic impact report of Main Street closure for I-5 freeway
widening.
CERTIFICATES
Nebraska, Engineer -In -Training No. EIT-4776
SOCIETIES
Institute of 'Iiansportation Engineers
R1o90
DKS Associates
JOHN JORGENSEN
Assistant Transportation Engineer
EDUCATION
Bachelor of Science, Civil Engineering, University of Nebraska, Lincoln, 1988
PROFESSIONAL REGISTRATION
- Nebraska, Engineer -In -Training No. EIT-5770
YEARS EXPERIENCE: 2
PROFESSIONAL EXPERIENCE
Traffic Signal Timing Analysis. Project manager for the development of signal timing pians for 45
intersections in the City of Santa Ana. Utilized PASSER II -87 to coordinate the signals along three
major east/west arterials around the existing north/south signal coordination. The project included
preparation of timing data suitable for entry into the City's VMS 220 master controller. Developed a
coordinated signal timing plan for over 70 intersections in the City of Lancaster utilizing the PASSER
II -87 and TRANSYT-717. Optimized progression along major arterials using PASSER II and using this
output as input for TRANSYT-7F to coordinate the remaining intersections with the arterials.
Conducted workshops to familiarize city staff with the optimization process and the software packages.
Project engineer for a FETSIM signal timing project in the City of Westminster for 18 actuated traffic
signals controlled by Multisonic 820 controllers. Responsibilities included data collection and reduction,
TRANSYT-717 coding, simulation, calibration, optimization and field implementation. A before/after
study was also conducted to determine timing effectiveness.
Traffic Signal Systems. Traffic engineer for the LADOT SMART Corridor project involving the
interconnect design of over 300 intersections in the City of Los Angeles. Responsibilities included
- verifying as -built signal plans, interconnect design and AutoCAD work. Project engineer for the
development of the Lancaster Signal System. Developed the graphics for the MIST (Management
Information System for Traffic) system and created an as -built signal plan data base utilizing AutoCAD
for the existing 75+ signals in the city.
Traffic Signal Design. Prepared plans, specifications and estimates for a signal modification in the City
of Blythe. Modifications included controller cabinet and signal standard relocation. Developed design
plans for the widening and signalization of the Gene Autry Trail/Route 10 eastbound ramps for Caltrans
District 8.
Traffic Engineering. Produced construction cost estimates for three alternatives for a roadway
realignment project in the City of Oceanside. Developed detailed design plans including signing and
striping and signal modification for the selected alternative. Assisted in the production of the
construction plans. Project engineer for several environmental impact reports, including a housing
development in San Juan Capistrano and a proposed Aquarium in Santa Monica. Researched and
developed street network data, trip generation and distribution, and land use information. Utilized
TRACS traffic impact analysis computer software and Highway Capacity Manual software to evaluate
existing traffic conditions, and to analyze traffic impacts of the developments on the existing street
network. A parking analysis was also conducted for the Aquarium project to determine parking
availability and the spaces required for the development. Also recommended mitigation measures
required to offset any traffic impacts created by the developments.
DKS Associates John Jorgensen / page 2
Prepared a weaving section analysis for the proposed Yuma Drive Interchange on Interstate 15 in
Riverside County. Utilized the Liesch nomograph in the Caltrans Highway Design Manual to analyze
two proposed alternatives. Estimated the operating conditions by determining the level of service for
each weaving section for the year 2010.
Worked on the technical assistance team for the Airport Site Coalition to recommend one or several
feasible new airport sites to serve Orange County, California. Determined surface traffic impacts, which
included trip generation, trip distribution and roadway capacity analysis for over 20 originally proposed
sites in and around Orange County. The evaluation of each site included cost estimates for a dedicated
airport access facility (four to six -lane divided arterial) as well as roadway improvement costs to offset
airport generated traffic impacts. Also developed cost estimates for direct rail access from the nearest
existing facility to each proposed site.
Transportation Planning.. Project planner in the development of several modeling projects, including
the circulation element for the City of Lancaster and the specific plan for the San Pedro port area. The
TRANPLAN software program with the NEDS editor was utilized to model the Lancaster system, while
the EMME/2 software package was applied for the San Pedro project. Involvement in the modeling
procedure included screenline calibration using data collected from existing traffic conditions and the
projection of year 2010 traffic volumes on the roadway network.
SOCIETIES
Institute of Transportation Engineers
81090
DKS Associates
MMID HAMOUDA
Transportation Engineer
EDUCATION
Bachelor of Arts, Edinboro University of Pennsylvania, 1983
Bachelor of Science, Civil Engineering, Pennsylvania State University, 1983
Master of Science, Civil Engineering, Pennsylvania State University, 1985
YEARS EXPERIENCE: 5
PROFESSIONAL EXPERIENCE
Signal Design - Project Manager for the modification of four traffic signals in the City of Vista
California. Duties included field surveying, design and preparation of plans, specifications and cost
estimates. Project Manager for six traffic signal designs in the City of Poway, California. Duties
included field surveying, preparation of cost estimates and monitoring contractor progress. Project
Engineer for the design of traffic signals at Camino de los Mares and Avenida Vaquero in San Clemente
utilizing AutoCAD. Project Engineer for traffic signal design for the City of Elgin, Illinois; City of
Dixon, Illinois; and the City of Stamford, Connecticut.
Traffic Engineering - Project Manager for the LADOT SMART Corridor project. Duties included field
surveying, preparation of base maps, preliminary design, and semi-final design plans of over 150
intersections; preparation of interconnect plans/quality control and coordinating with ATSAC engineers.
Project Engineer for Rancho Santa Fe Association traffic safety project. Project Engineer for access,
circulation, and traffic impact studies, and geometric design of recommended roadway improvement of
several shopping malls and office buildings in the State of Pennsylvania and the State of New Jersey.
Project Engineer for access, circulation and traffic impact studies of several housing developments in the
State of Connecticut. Project Engineer for layout and design of intersections, driveways, and roadway
access of Somerset Corporate Center, Bridgewater, New Jersey; Proposed Pittsburgh Galleria, Frazor,
Pennsylvania; Proposed Center Square Mall, State College, Pennsylvania; Proposed Washington Street
Housing, Stanford, Connecticut; and Warner Robbins Mall, Warner Robins, Georgia.
- Parking - Traffic Engineer for access and circulation, parking demand analysis, parking structure layout
and economic feasibility studies of Jefferson Memorial Hospital, Alexandria, Virginia; Peninsula General
Hospital, Salisbury, Maryland; Children's Hospital, Akron, Ohio; Greenwich Hospital, Greenwich,
Connecticut; White Plains Hospital, White Plains, New York; Harbor Medical Center, Rome, Georgia;
Methodist Hospital, Minneapolis, Minnesota; Albert Einstein Hospital, Philadelphia, Pennsylvania;
Lankenau Hospital, Philadelphia, Pennsylvania; Downtown Indianapolis, Indiana; Downtown East
Rutherford, New Jersey; Downtown Scranton, Pennsylvania; Downtown Belafonte, Pennsylvania, and the
Washington Cathedral, Washington, D.C.
DKS Associates
PUBLICATIONS
Majid M. Hamouda /page 2
Guidelines for Access and Circulation to Parking Facilities, with Richard T. Klatt and Mary S. Smith;
presented at the 57th Annual Meeting of ITE, New York, 1987.
PROFESSIONAL ORGANIZATIONS
Institute of Transportation Engineers (ITE)
ITE 'Ibchnical Committee 40-7F
R1090
DKS Associates
GLENN HAVINOVISKI
Transportation Engineer
EDUCATION
-- Bachelor of Science, Civil Engineering, University of Wisconsin, Milwaukee, 1984
PROFESSIONAL REGISTRATION
New York State (Civil), No. 66085
YEARS EXPERIENCE: 6
PROFESSIONAL EXPERIENCE
Traffic Operations and Traffic Management. In Long Island, New York, was traffic operations engineer
for a combined freeway/arterial traffic management system. Developed operation plans for 64 metered
entrance ramps, coordinated implementation activities. Implemented variable message sign system, and
prepared standard operating procedures. Prepared timing plan and database revisions for centrally
_ controlled traffic signal system. Worked at the freeway Traffic Operations Center for nearly two years.
Developed microcomputer -based ramp metering operations analysis techniques.
For the I-90 Tunnel Traffic Control System in Seattle, assisted in the design of multiple incident
- detection algorithms, performed initial system tuning; trained engineers and operators on system
operations, and developed system documentation. In Chicago, Illinois, worked in freeway Traffic Systems
Center dealing primarily with ramp metering. Also operated variable message sign and evaluated its
effectiveness. Responsible for real-time data analysis. Assisted in implementation of new control center
and integration of automated ramp metering system.
Traffic Engineering Design and Implementation. Served as project coordinator for traffic signal system
- work on Long Beach -Los Angeles ("Blare Line") Rail Transit Project. Prepared and monitored
scheduling of all construction, hardware and software installation work. Coordinated acceptance and
operations testing, reviewed field construction, developed and recommended specific change orders.
_ Developed operations scheme for at -grade track crossover. Performed and supervised interconnect design
work for downtown sections. Developed TRANsYT-7F network for analysis and timing optimization for
94 traffic signals in downtown Long Beach.
Task manager for design and PS&E development for Santa Monica Freeway SMART Corridor signal
interconnect and fiber optics communications. Network included 312 traffic signals, as well as more than
20 closed-circuit TV locations and 52 changeable message sign locations. Supervised all field inventory
and design work, and coordinated with signal design work effort for quality control and review of signal
designs.
Project manager for design improvements and development of a wireless radio -time base coordination
system for Barranca Avenue in Covina. Supervised TSM study activities, incorporated recommendations
into contract design plans, and developed PAssER ii -based signal timings for system coordination.
Developed program settings for 1 ACO -2 traffic signal software.
In Hartford (Conn.) project engineer for a computerized citywide system of 115 intersections, with tasks
involving analysis and design. In Norwalk (Conn.), principal engineer for preparation of PS&E for three
separate projects encompassing eleven intersections, with PS&E included widening, rechannelization and
DKS Associates Glenn Havinoviski / page 2
new signals. Also in Norwalk, served as principal construction engineer for installation of a transit
priority system allowing for "pulse -point" generated signal pre-emption capabilities (project also included
installation of new controllers and coordination units, as well as pre-emption timing work). In Baltimore
County, Maryland, performed PS&E for communication design on a closed-loop signal system for 80
intersections. Other intersection and signal designs performed in Illinois and Florida.
Traffic Engineering Studies. Project manager for a traffic operations and street improvement study in
Inglewood. Study involved review of 11 locations with geometric or safety deficiencies. Led preparation
of analyses and recommended specific improvements, including new signals, revised geometrics, parking
restrictions, and striping changes. Supervised development of conceptual design plans.
Project manager for a signal timing study in Hemet as part of Caltrans District 8 on-call services
contract. Developed PASSER It network for traffic signals along State Route 74 and recommended
phasing changes and optimized signal timings. Performed separate studies for off-season and peak
vacation season. Developed program settings for C-7 traffic signal software.
As part of a traffic management study in Chittenden County, Vermont, developed and evaluated timings
and phasing for over 30 intersections, using TRANSYT-7F, PASSER II and SOAP software, and prepared a
system feasibility study. In Dekalb County, Georgia, prepared final study report for a signal system and
roadway improvement study, which recommended geometric improvements based on projected traffic
needs, and suggested arterial routes to be incorporated in the county's closed-loop signal system.
For a transportation management study at Maxwell AFB in Montgomery, Alabama, coordinated all
inventory work for existing operational and geometrical conditions, and supervised all data collection
activities. Prepared reports discussing current transportation facilities at the base including bus services.
In Connecticut, prepared several traffic impact studies including a study in Watertown concerning a
proposed 158 -unit condominium development.
Traffic Research. Research engineer for FHWA study on proposed gap -based criteria for peak hour
signal warrants. Travelled to ten sites around the country (including Modesto, California) to train local
engineering staffs on the use of gap detectors, and the analysis of gap data. Co-authored final report,
which compared accuracy of gap -based signal warrant criteria with volume -based criteria, as well as
pedestrian criteria. Analyzed technical aspects op gap detection.
Served as a research engineer for FHWA "Successful Systems" study. Activities included preliminary
screening, reviewing and interviewing candidates for case studies, which included seven traffic signal
systems and three freeway management systems. Performed investigative work leading to the
development of preliminary guidelines for successful traffic control system planning, design and
implementation.
PAPERS/PUBLICATIONS
Operational Simulation Techniques for Ramp Metering on Long Island: a paper presented to the ITE
Annual Meeting in San Diego, September 1989.
Gap -Based Criteria for Traffic Signal Warrants: Co-authored final study for FHWA, June 1988.
81090
DKS Associates
ALEX MANG
Computer Specialist
EDUCATION
Bachelor of Science, Information and Computer Science, University of California, Irvine, 1989
YEARS EXPERIENCE. 2
PROFESSIONAL EXPERIENCE
Computer Aided Engineering. Participated in the completion of a high speed modem. Applied the
ORCAD program package for transferring blueprints into schematic AutoCAD based drawings.
Completed a two thousand wired circuit board layout with the PADS PC Board Program Package.
Created and designed an inventory list for all integrated circuits using dBASE III and Lotus 1-2-3
spreadsheet packages. Utilized AutoCAD software to design the box cover for the final product.
Computer Aided Publishing. Applied ANATech scanner, PC's and Sun Workstation for converting
engineering drawings and documents into AutoCAD DXF and IGES format. Used Lotus 1-2-3 software
to create a database for the company's monthly expense report. Applied LISP language to customize
AutoCAD macros, menus and commands.
Computer Aided Design. Drafted base maps and link node diagrams for the City of Lancaster. Prepared
a study area base map for the City of Santa Ana utilizing AutoCAD software package.
Traffic Operations and Design. Prepared traffic signal/signing and striping plans for the LADOT Smart
Corridor. This included gathering all existing field data and drafting intersection locations. Prepared
base maps of existing and future intersection locations for the City of Palmdale. Wrote a program in
"C:" language to calculate the traffic turning movement for all existing and future land use scenarios.
Computer Systems. Designed and developed application software to organize and maintain software
being used by engineers. Purchased and installed computer hardware and software to meet the
company's needs. Trained engineers and others in use of computer and application of software.
81090
DKS Associates
DENWUN LIN
CAD Specialist/11ransportation Engineer
EDUCATION
Bachelor of Science, Civil Engineering, National Taiwan University, 1978
Certificate, Computerized Project Management (PROJACS) for Construction Business, Taiwan, 1981
Master of Architecture, Graduate School of Architecture and Urban Planning, University of California,
Los Angeles, 1987
PROFESSIONAL REGISTRATION
Republic of Taiwan No. #5681 (Civil)
YEARS EXPERIENCE: 11
PROFESSIONAL EXPERIENCE
Computer -Aided Design. CAD manager for Long Beach -Los Angeles Rail Transit Project, downtown
Long Beach and mid -corridor, drawings included signing and striping, street lighting, conduit plans and
signals. Project leader for developing the AutoCAD interfaces for the automatic scheduling program
for roadway signing and striping design. Interfaces including 1/0 module for drawing exchange files,
geometric calculation and analysis, and figure recognitions. Responsible for roadway signing and striping
design plans, signal installation plans and schedules. Tbaching assistant for advanced CAD studio
students in developing CAD tools and computer graphics on mainframe or microcomputer.
Architectural Design. Architectural designer on a 38 -story high-rise office building, the WCT Building,
1100 Wilshire Boulevard, Los Angeles. Responsible for schematic design, interior design, and detail
finishing design.
Civil/Structural Design. Project engineer for subdivision and grading design for a 10 -acre, 144 -unit
residential housing project in Rancho Cucamonga, 8 -unit townhouse projects in Reseda and Canoga
Park. Chief of Engineering for reinforced concrete structural designs on housing projects in Taipei and
Taichung.
Construction Management. Assistant project engineer and planning engineer for the project of Riyadh
Water 'hansmission System in Dharan, Saudi Arabia. Duties involved construction scheduling, progress
control, manpower control, and cost analysis. Estimating engineer for the projects of water pipelines,
housing compounds and schools in Saudi Arabia, highways in Kuwait, dams and freeways in Indonesia,
and housing projects in Singapore.
Computer Programming. Graduate research associate and senior programmer for the research project
of developing the energy design tool "SOLAR -5" and the daylighting design tool "DAYLIT." Wrote
more than 100 programs in a variety of languages including P41, Assembly, Pascal, Lisp, Prolog, C,
Basic, Fortran and macros for different software.
AWARDS/CITATIONS
Progress Architecture Citation for SOLAR -5_ A Microcomputer Design Tool, with Murray Milne and
Rosemary Howley, 1986.
R109a
DKS Associates
MAHMOUD SHAMS-AHMADI
Assistant Transportation Engineer
EDUCATION
Bachelor of Science, Civil Engineering, University of Nebraska, Lincoln, 1981
Master of Science, Engineering Mechanics, University of Nebraska, Lincoln, 1984
PhD Candidate, Engineering Mechanics, University of Nebraska, Lincoln, 1989
PROFESSIONAL REGISTRATION
Nebraska, Engineer-In=Training No. EIT-4407
YEARS EXPERIENCE: 3
PROFESSIONAL EXPERIENCE
Transportation Planning. As a research assistant at the University of Nebraska applied the gravity
model to generate an interactive computer package for forecasting the transit ridership for the Lincoln
Mass 'Transit System. Project engineer for the City of Palmdale General Plan EIR analysis, including
analysis of existing and future land use scenarios utilizing TRANPLAN and intersection capacity analysis
of 150 intersections.
1Yaffic Operations and Design. Project engineer for the LADOT Smart Corridor. This included
gathering all existing field data and preparing traffic signal/signing and striping plans for 70 intersections.
AutoCAD Design. Prepared a base map for the City of Palmdale indicating the existing and future
intersection locations. Prepared base map drawings for the Emerald Road and Route 78 in the City
of Vista utilizing AutoCAD.
Teaching. Instructor at the University of Nebraska, Lincoln. Taught FORTRAN programming,
Computer Aided Graphics (AutoCAD), and supervised the corresponding laboratories.
81090
AGENDA NO. r�
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 25, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Managers
FROM: Sid Jalal Mousavi, City Engineer/Pub is Works Director
SUBJECT: LANDSCAPING ASSESSMENT DISTRICTS
The Board of Supervisors of the County of Los Angeles approved the formation
of Diamond Bar Landscape Assessment Districts Nos. 38, 39, and 41, for the
purpose of providing funds for the maintenance of landscaped and open spaces
pursuant to the provision of the Landscape and Lighting Act of 1972 of Part
2 of Division 15 of the Streets and Highways Code of the State of California.
During the fiscal year 1990-91, the City Council, by adopting resolution No.
90-51, authorized that similar funds be also provided to the City in order to
enable these Districts to continue their operations.
DISCUSSION
The Landscape and Lighting Act of 1972 sets forth a procedure that must be
followed for any fiscal year during which an assessment is to be levied. It
requires that the legislative body adopt a resolution initiating proceedings
and generally describing any proposed improvements or substantial charges in
(Narrative continued on next page)
FISCAL IMPACT:
Amount Requested $9,400 (FY91-92) $6,400 (FY92-93) $7,000 (FY93-93)
Budgeted Amount $
In Account Number: Assessment Districts
Deficit: _�
Reven.up Source,'/ ) Landscape Assessment Districts Nos. 38, 39, and 41
RE D
- ------------------ ----------d-r- ----
Robert L. Van Nort Andrew V. A nski Terrence L. Belang
City Manager City Attorney Assistant City Manager
Landscaping Assessment Districts
March 5, 1991
Page 2
existing improvements. Since incorporation of the City, several subdivision
maps have been recorded and also new improvements within the Districts have
been completed. Therefore, it is necessary that staff review all records
and recalculate all costs and file an Engineer's Report in accordance with
Section 22565, et seq., of the Streets and Highways Code.
During the months of January and February 1991, staff requested engineering
consulting firms providing assessment district services to submit proposals
for assisting staff in preparation of the report. To evaluate the proposals,
a selection committee was formed. The proposals were reviewed by the commit-
tee to evaluate the consultants' specialized experience, staff capabilities,
and professional qualifications of the key personnel.
Upon careful review of proposals, staff determined that ASL Consultqants,
Inc.'s was the most qualified consultants. This firm's not to exceed fees
were as follows:
Fiscal Year Amount
1991-1992 $12,500
1992-1993 $ 6,750
1993-1994 $ 7,100
Upon selection of this firm, staff negotiated the fees and reduced them to
the following not -to -exceed fees as shown on the attached Amendment to the
Original Proposal:
Fiscal Year Amount
1991-1992 $9,400
1992-1993 $6,400
1993-1994 $7,000
RECOMMENDATION
It is recommended that the City Council award the engineering contract for
preparation of the Engineer's Report, under provisions of Landscaping and
Lighting Act of 1972 as amended in 1979 and requirements of the County Audit
Controller, to ASL Consultants, Inc. and authorize the staff to enter into
a three year contract.
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this day of
1991, between the City of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and ASL
Consultants, Inc., A California Corporation, (hereinafter
referred to as "CONSULTANT").
A. Recitals.
(i) CITY heretofore requests Proposal pertaining to the
performance of professional services with respect to updating the
City's Landscape Assessment District Nos. 38, 39, and 41
(hereinafter referred to as "Project"), for Fiscal Year 1991-1992
through Fiscal Year 1993-1994).
(ii) CONSULTANT has now submitted its proposal for the
performance of such services, a full, true and correct of which
proposal is attached hereto as Exhibit "A" and by this reference
made a part hereof.
(iii) CONSULTANT has now submitted its revised fee
schedule for the performance of such services, a full, true and
correct copy of which clarification of proposal scope is attached
hereto as Exhibit "B" and by this reference made a part hereof.
(iv) CITY desires to retain CONSULTANT to perform
professional services necessary to render advice and assistance
to CITY, CITY's City Council and staff in the preparation of
Project.
(v) CONSULTANT represents that it is qualified to
1
perform such services and is willing to perform such professional
services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and
CONSULTANT as follows:
B. Agreement.
1. Definitions: The following definitions shall
apply to the following terms, except where the context of this
Agreement otherwise requires:
(a) Project: The preparation of the report for
updating the City's Landscaping Assessment Districts Nos. 38, 39,
and 41, described in Exhibit "A" hereto including, but not
limited to, the preparation of maps, surveys, reports, and docu-
ments, the presentation, both oral and in writing, of such plans,
maps, surveys, reports and documents to CITY as required and
attendance at any and all work sessions, public hearings and
other meetings conducted by CITY with respect to the project.
(b) Services: Such professional necessary to be
performed by CONSULTANT in order to complete the Project.
(c) Completion of Project: The date of completion of
all phases of the Project, including any and all procedures,
development plans, maps, surveys, plan documents, technical
reports, meetings, oral presentations and attendance by
CONSULTANT at public hearings regarding the Project as set forth
in Exhibit "A" hereto.
2 CONSULTANT agrees as follows:
(a) CONSULTANT shall forthwith undertake and complete
K
the project in accordance with Exhibit "A" hereto and all in
accordance with applicable Federal, State and CITY statutes,
regulations, ordinances and guidelines, all to the reasonable
satisfaction of CITY and in accordance with the standard of care
normally provided by practitioners of the engineering profession.
(b) CONSULTANT shall supply copies of all maps, surveys
reports, plans and documents (hereinafter collectively referred
to as "documents") including all supplemental technical docu-
ments, as described in Exhibits "A", to CITY within the time
specified in Exhibit "A." Copies of the documents shall be in
such numbers as are required by Exhibit "A." CITY may there-
after review and forward to CONSULTANT comments regarding said
documents and CONSULTANT shall thereafter make such revisions to
said documents as are deemed necessary. CITY shall receive re-
vised documents in such form and in the quantities determined
necessary by CITY. The time limits set forth pursuant to this
Section B2.(b) may be extended upon written approval of CITY.
(c) CONSULTANT shall, at CONSULTANT's sole cost and
expense, secure and hire such other persons as may, in the
opinion of CONSULTANT, be necessary to comply with the terms of
this Agreement. In the event any such other persons are retained
by CONSULTANT, CONSULTANT hereby warrants that such persons shall
be fully qualified to perform services required hereunder. CON-
SULTANT further agrees that no subcontractor shall be retained by
CONSULTANT except upon the prior written approval of CITY.
3
3. CITY agrees as follows:
(a) To pay CONSULTANT a maximum sums of Nine Thousand
Seven Hundred Dollars and no cents ($9,700.00) for Fiscal Year
1991-1992, Six Thousand Four Hundred Dollars and no cents
($6,400.00) for Fiscal Year 1992-1993, and Seven Thousand Dollars
and no cents ($7,000.00) for Fiscal Year 1993-1994 for the per-
formance of the services required hereunder. These sVms shall
cover the cost of all staff time and all other direct and indi-
rect costs or fees, including the work of employees, consultants
and subcontractors to CONSULTANT. Payment to CONSULTANT, by
CITY, shall be made in accordance with the schedule set forth
below.
(b) Payments to CONSULTANT shall be made by CITY
within thirty (30) days of receipt of CONSULTANT invoices in
accordance with the invoices submitted by CONSULTANT, every four
(4) weeks. The CONSULTANT shall detail the charges by task num-
ber, hours worked, and employee classifications. All charges
shall be in accordance with CONSULTANT's proposal either with
respect to hourly rates or lump sum amounts for individual tasks,
as shown in Exhibits "A" and "B." In no event, however, will
said invoices exceed 95% of the maximum sum for each Fiscal Year.
(c) CONSULTANT agrees that, in no event, shall CITY be
required to pay to CONSULTANT any sum in excess of 95% of the
maximum payable hereunder prior to receipt by CITY of all final
documents, together with all supplemental technical documents, as
described herein acceptable in form and content to CITY. Final
4
payment shall be made not later than 60 days after presentation
of final documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional ser-
vices requested, in writing, by CITY, and not included in
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall
be paid on a reimbursement basis in accordance with the fee
schedule set forth in said Exhibit "B". Charges for additional
services shall be invoiced every four (4) weeks and shall be paid
by CITY within thirty (30) days after said invoices are received
by CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in Exhibit
"A" hereto.
(b) Photographically reproducible copies of maps and
other information, if available, which CONSULTANT considers
necessary in order to complete the Project.
(c) Such information as is generally available from
CITY files applicable to the Project.
(d) Assistance, if necessary, in obtaining information
from other governmental agencies and/or private parties. How-
ever, it shall be CONSULTANT's responsibility to make all initial
contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data,
studies, surveys, drawings, maps, models, photographs, reports,.
and tapes prepared by CONSULTANT pursuant to this Agreement shall
be considered the property of CITY and, upon payment for services
5
performed by CONSULTANT, such documents and other identified
materials shall be delivered to CITY by CONSULTANT. CONSULTANT
may, however, make and retain such copies of said documents and
materials as CONSULTANT may desire.
6. Termination: This Agreement may be terminated by
CITY upon the giving of a written "Notice of Termination" to
CONSULTANT at least fifteen (15) days prior to the date of ter-
mination specified in said Notice. In the event this Agreement is
so terminated, CONSULTANT shall be compensated at CONSULTANT's
applicable hourly rates as set forth in Exhibit "B", on a pro -
rata basis with respect to the percentage of the Project
completed as of the date of termination. In no event, however,
shall CONSULTANT receive more than the maximum specified in
paragraph 3(a), above. CONSULTANT shall provide to CITY any and
all documents, data, studies, surveys, drawings, maps, models,
taxes, photographs, and reports, whether in draft or final form,
prepared by CONSULTANT as of the date of termination. CONSULTANT
may not terminate this Agreement except for cause.
7. Notices and Designated Representatives: Any and
all notices, demands, invoices and written communications between
the parties hereto shall be addressed as set forth in this
paragraph 7. The below named individuals, furthermore, shall be
those persons primarily responsible for the performance by the
parties under this Agreement:
CITY: Sid Jalal Mousavi
City Engineer/Public Works Director
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765
11
CONSULTANT: Frank Biddeli
Municipal Division Manager
550 E. Huntington Drive, Suite 200
Arcadia, CA 91006
Any such notices, demands, invoices and written communications,
by mail, shall be deemed to have been received by the addressee
forty-eight (48) hours after deposit thereof in the United States
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: CONSULTANT shall neither commence work
under this Agreement until it has obtained all insurance required
hereunder in a company or companies acceptable to CITY nor shall
CONSULTANT allow any subcontractor to commence work on a subcon-
tract until all insurance required of the subcontractor has been
obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Worker's Compensation Insurance: Before beginning
work, CONSULTANT shall furnish to CITY a certificate of insurance
as proof that it has taken out full workers' compensation in-
surance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California Labor
Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of Labor
Code which require every employer to be insured against liability
7
for workers' compensation or to undertake self insurance in ac-
cordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of
this Agreement."
(b) Public Liability and Property Damage: Throughout
the term of this Agreement, at CONSULTANT's sole cost and ex-
pense, CONSULTANT shall keep, or cause to be kept, in full force
and effect, for the mutual benefit of CITY and CONSULTANT, com-
prehensive, broad form, general public liability and automobile
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to
any one person or for any one accident or occurrence and One
Million Dollars ($1,000,000.00) aggregate.
(c) Errors and Omission: CONSULTANT shall take out
and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least One Million
Dollars ($1,000,000.00) per claim and in the aggregate for errors
and omissions ("malpractice") with respect to loss arising from
actions of CONSULTANT performing the Project hereunder on behalf
of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business
0
in the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representa-
tives; (2) the policies are primary and noncontributing with any
insurance that may be carried by CITY; and (3) they cannot be
canceled except after thirty (30) days' notice by the insurer to
CITY by certified mail. CONSULTANT shall furnish CITY with
copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. CONSULTANT may effect for
its own account insurance not required under this Agreement.
9. Indemnification: CONSULTANT shall defend, indemnify
and save harmless CITY, its elected and appointed officials,
officers, agents and employees, from all liability from loss,
damage or injury to persons or property, including the payment by
CONSULTANT of any and all legal costs and attorneys' fees, to the
extent arising out of the negligent, intentional and/or willful
acts and/or omissions of CONSULTANT pursuant to this Agreement,
including, but not limited to, all consequential damages, to the
maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or
of any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior writ-
ten consent of CITY.
9
11. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are in-
dependent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
12. Governing Law: This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
13. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled
to recover attorneys' fees and costs from the opposing party in
an amount determined by the court to be reasonable.
14. Mediation: Any dispute or controversy arising
under this Agreement, or in connection with any of the terms and
conditions hereof, shall be referred by the parties hereto for
mediation. A third party, neutral mediation service shall be
selected, as agreed upon by the parties and the costs and ex-
penses thereof shall be borne equally by the parties hereto. In
the event the parties are unable to mutually agree upon the
mediator to be selected hereunder, the City Council shall select
such a neutral, third party mediation service and the City
Council's decision shall be final. The parties agree to utilize
their good faith efforts to resolve any such dispute or contro-
versy so submitted to mediation. It is specifically understood
and agreed by the parties hereto that referral of any such dis-
pute or controversy, and mutual good faith efforts to resolve the
10
same thereby, shall be conditions precedent to the institution of
any action or proceeding, whether at law or in equity with re-
spect to any such dispute or controversy.
15. Entire Agreement: This Agreement supersedes any
and all other agreements, either oral or in writing, between the
parties with respect to the subject matter herein. Each party to
this Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement,
or promise not contained in this Agreement shall be valid and
binding. Any modification of this Agreement shall be effective
only if it is in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first set forth above.
CONSULTANT
CITY OF DIAMOND BAR
Mayor
City Clerk
11
t(
ASL Consultants, Inc.
P.O. Box 780. Arcadia 91066
55 E. Huntington Drive, Suite 200
Arcadia, California 91006
8181447-4494
February 28, 1991
S.J. Mousavi
City Engineer
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, California 91765
..E
ZaralligA
Ariirrt:--
saw1016at rt
Thomas lA R'Ao#lin
VCR RariaYnt`
Paul R. Gilmore
vice rra a w
William E. Bennett
Vin Pw dw
Pamela J. Steinhart
Dale E. Wah
Richard L. Bardin
ASSOCIATES
Terry L. Kerger
Garold B. Adams
Steve Tedesco
Richard A. Moore
REFERENCE: Proposal for Landscaping Assessment Districts No. 38, 39 and
41 for the Fiscal Year 1991-92, 1992-93, and 1993-94
Dear Mr. Mousavi:
As per our telephone conversation, we are hereby submitting an addendum to
our proposal dated February 8, 1991, to perform consulting engineering services
for the above referenced project.
Our fees to perform the services will be as follows:
Fiscal Year 1991-1992 Not to Exceed $9,400
Fiscal Year 1992-1993 Not to Exceed $6,400
Fiscal Year 1993-1994 Not to Exceed $7,000
Thank you for your consideration of ASL Consultants, Inc. and we look forward
to hearing from you with any questions or comments.
Sincerely,
chard L Bar in, Principal
Manager, Arcadia Office
FAB:la\p.101
8901
ank A. Bigdeli
Municipal Division Manager
m� n;� �„u;amnn�;r Camarillo
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE:
February 25,
1991
MEETING DATE: March 5, 1991
TO:
Honorable
Mayor and
Members of the City Council
VIA:
Robert L.
Van Nort,
City Manager
FROM:
Sid Jalal
Mousavi,
City Engineer/Public Wor erector
SUBJECT: 1990-91 SLURRY SEAL IMPROVEMENT PROGRAM
BACKGROUND & DISCUSSION
The City Council, at their regular meeting on February 5, 1991, approved the
plans and specifications for 1990-91 slurry Seal Improvement Program and
authorized staff to advertise the project and receive bids.
Formal bids were received on February 26, 1991, from five contractors. The
bid schedule called for the application of 1719 long tons of slurry seal and
a lump sum item for replacement of all striping, legends, markings, and
reflectorized delineators including blue reflectors for fire hydrants.
The low bid received for this project (see attached Bid Summary Form) was
from IPS Services, Inc. for $123,094.18, which is 6.6% under the Engineer's
Estimate of $131,735. The other bids ranged from 4.3% under to 9.6% over the
Engineer's Estimate.
Gas Tax Funds will be utilized for the construction of this project. Staff
anticipates that construction will start in April 1991 and will be completed
by early June 1991.
(Narrative continued on next page)
FISCAL IMPACT:
Amount Requested $123,094.18
Budgeted Amount $263,043.00
In Account Number:
Deficit: $ none
Revenue Source: Gas Tax
Robert L. Van Nort
City Manager
Andrew V. Arczynski
City Attorney
Terrence L. Belariger
Assistant City Manager
SLURRY SEAL PROGRAM
February 26, 1991
Page 2
RECOMMENDATION
It is recommended that the City Council receive the bids and accept the
formal bid of IPS Services, Inc. for the application of slurry seal to the
residential streets in Area 1 of the City's Road Maintenance Program and the
replacement of all striping, legends, markings, and reflectorized delineators
including the reflectors for fire hydrants, based upon their bid for a total
contract of $123,094.18.
0
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AGENDA ITEM NO. 14
NO DOCUMENTATION AVAILABLE
AGENDA NO.
_L)__
------------
CITY OF DIAMOND BAR
AGENDA REPORT
-------------------------------------------------------------
DATE: February 28, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Plan
4wx�f
SUBJECT: Proposed Crude oil Pipleine Presentation by Cajon Pipeline Company
On January 3, 1991, Mr. John Jaquess, representing the Cajon Pipeline Company,
presented a brief overview of a proposed crude oil pipeline project to the City
Manager and Director of Planning. The proposed pipeline project would utilize
Grand Avenue to deliver crude oil between Texas and California.
We recommended that a more detailed presentation be directed to the City Council
which is the purpose of this agenda item.
The presenter will provide materials and respond to questions.
RECOMMENDATION:
No action of the Council is required or necessary at this time.
Council may be necessary at a future date.
JDS:pjs
Attachment:
Letter received from John Jaquess and Associates dated 2/26/91
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number
Deficit: $ N/A
Revenue Source:
REVIEWED BY:
Robert L. Van Nort
City Manager
Andrew V. Arczynski
City Attorney
Actions of the
4"f -
Terrence L. Belanger
Assistant City Manager
; ^QTY OF
DIHrv10ND BAR
6 FEB 2 7 199111.
��
PLANNING
.e�
FROM THE OFFICE OF
DIRECTOR OF PU9LIC WORKS
CITY ENGINEER
f el
City of South Gate
6650 CALIFORNIA AVE., SOVT►1 GATE, CALIFORHIA 90280 • 12171 $63-9537
•w� �r�l�
LETTER OF TRANSMITTAL
TO: � P�,GQ Ec. le A*SOI°-t Aj-6S .
108"30 140 VO VTz(vE
FbNz'P�ti1 r�C
ICA 112 s*55
ATTN:
We are se ding you:
Attached
the following items:
Under separate cover via
DATE:
PROJECT:
Blueprints information you requested
Copy of Letter Information consistent with our discussion
Plans �7_ Other (Specify) G{ -r-( Gp>e YR>�i.NC�FtlSE
These are transmitted as checked below:
For
approval
For your use
As
requested
For
review and comment
For
your files
REMARKS
Approved as submitted
Approved as noted
Returned for Correction
Signed/ %IyL�ti�
Copy to: City of South Gate -Public Works Department
PURPOSE 13.02.010-13.04.020
DIVISION I. OIL, GAS AND WATER PIPELINES
Chapter 13.02
PURPOSE
Sections:
13.02.010 Purpose declared.
13.02.010 Purpose declared. The purpose of Chapters 13.02 through
13.18 is to provide for terms and conditions to be included in pipeline fran-
chises for the collection, transportation or distribution of oil, petroleum, gas.
gasoline or other hydrocarbon substances, or water, hereinafter granted by
the city of South Gate.
(Ord. 1349 § 1 (part), 9-12-77).
Chapter 13.04
GENERAL PROVISIONS
Sections:
13.04.010 Short title.
13.04.020 General conditions.
13.04.030 Severability.
13.04.010 Short title. The ordinance codified in Chapters 13.02 through
13.18 shall be known as and may be cited as "the pipeline franchise ordi-
nance."
(Ord. 1349 § 1 (part), 9-12-77).
13.04.020 General conditions. Every franchise hereafter granted by the
city to lay or construct from time to time and for the period covered by the
franchise, to maintain, operate, renew, repair, change the size of, remove or
abandon in place pipes and pipelines for the collection, transportation or
distribution of oil, gas, gasoline, petroleum, wet gas, hydrocarbon sub-
stances, water. waste water, mud, steam and other liquid substances, for
any purpose, together with all manholes, valves, appurtenances and service
connections necessary or convenient for the operation of pipes or pipelines
including poles, conduits, wires, cables and other appurtenances and equip-
ment for telegraph or telephone lines, or both, necessary or convenient
for the franchisee's business, in, under, along or across any and all highways,
except as otherwise provided in the ordinance granting the franchise, shall be
granted upon and be subject to the rules, regulations, restrictions and terms
and conditions of Chapters 13.02 through 13.18, in addition to such of the
terms and conditions as are incorporated by reference in Chapters 13.02
588-16 (South Gate 10-7-83)
GENERAL PROVISIONS 13.04.030
through 13.18, and in addition to those rules, regulations, restrictions, terms
and conditions set forth in the ordinance granting the franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.04.030 Severability. If any provision of the franchise or the
588-16a (South Gate 10-7-83)
DEFINITIONS 13.06.010—'13.06.040
application of the franchise to an
a court of competentjurisdictiony person or circumstance is held invalid by
requirement of the iieor is not in compliance
agency,Public Utilities Commission with an
the remainder of the franchise, or thea or an Y
persons or e franchise to
circumstances Y other federal or state
otbe
her than those to which itis held n of invalid or not
in such compliance shall not
(Ord. 1349 § 1 (part), 9 12-77)affected thereby.
.
13.06.010 Tenses. The
the present. present tense includes the future and the future
(Ord. 1349 § 1 (part), 9-12-77).
13.06.020 Sin lar -p
the plural and the lural usage. The singular num
(Ord, 1349 § 1 plural the singular. bar and words include
(part), 9-12-77).
13.06,030 City. .,City,,
Angeles, state of Califo means the cit
(Ord. 1349 § i rnia• Y of South Gate, county of Los
(part), 9-12-77).
13,06,040
city of South City council. "City y council" means the
(Ord. 1349 § 1 (part), 9-12-77 city council of the
588-17
(South Gate 11.28.77)
Chapter 13.06
Sections:
DEFINITIONS
13.06.010 Tenses.
13.06.020
13.06.030
Singular -plural usage.
City.
13.06,040
13.06.050
City council.
13.06.060
Director,
Franchisee
13.06.070
13.06.080
13.06.
or grantee.
Facilities or appu rtenances.
Franchise
090
13.06.100
payment period.
Franchise report period.
13.06,110
high way,
Main.
13.06.120
13.06.130
Person.
13.06.140
Public entity.
Public works
department.
13.06.150 Section.
13.06.160
Service connection.
13.06.010 Tenses. The
the present. present tense includes the future and the future
(Ord. 1349 § 1 (part), 9-12-77).
13.06.020 Sin lar -p
the plural and the lural usage. The singular num
(Ord, 1349 § 1 plural the singular. bar and words include
(part), 9-12-77).
13.06,030 City. .,City,,
Angeles, state of Califo means the cit
(Ord. 1349 § i rnia• Y of South Gate, county of Los
(part), 9-12-77).
13,06,040
city of South City council. "City y council" means the
(Ord. 1349 § 1 (part), 9-12-77 city council of the
588-17
(South Gate 11.28.77)
DEFINITIONS 13.06.050-13.06.100
13.06.050 Director. "Director" means the director of public works of
the city of South Gate.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.060 Franchisee or grantee. "Franchisee" or "grantee" means the
person to whom the franchise is granted, and any person to whom it lawfully
may be assigned.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.070 Facilities or appurtenances. "Facilities" or "appurtenances"
means all property of the franchisee, including, but not limited to, pipelines,
pump stations, and service connections with the franchisee's facilities,
whether installed by the franchisee or not, erected, constructed, laid,
operated or maintained in, upon, over, under, along or across any highway
pursuant to any right or privilege granted by the franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.080 Franchise payment period. "Franchise payment period" is:
(1) If the franchise grants to a public utility or to a mutual water
company a right, not theretofore in existence, and is for a purpose involving
the furnishing of any service or commodity to the public or any portion
thereof, the sixth year after the effective date of the ordinance granting the
franchise or, at the option of the franchisee, any shorter period of time
immediately following the expiration of five years after the effective date of
the ordinance, and each year thereafter, during the life of the franchise.
(2) In all other cases, including franchises granted to public utilities or
mutual water companies for a purpose not involving the furnishing of any
service or commodity to the public or any portion thereof, the first year
after the effective date of the ordinance granting the franchise, or, at the
option of the franchisee, any shorter period of time immediately following
the effective date of the ordinance, and each year thereafter, during the life
of the franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.090 Franchise report period. "Franchise report period" in all
cases means the first year after the date of the franchise payment period
provided in the ordinance granting the franchise, or, at the option of the
franchisee, any shorter period of time immediately following the date of the
franchise payment period provided in the ordinance, and each year
thereafter, during the life of the franchise.
(Ord. 1349 § I (part), 9-12-77).
13.06.100 Highway. "Highway" means any public highway, freeway
(except a state freeway), street, road, alley, lane or court or other public
casement, and above and below the same, which now exists or which may
588-18 (South Gate 11-28-77)
TERM—ACCEPTANCE—INSURANCE—BOND 13.06.110-13.06.160
hereafter exist in the city of South Gate and in which the city has the
authority to grant a franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.110
approximately Main. "Main" means any pipeline or conduit laid in, along, or
parallel with any highway for the collection, transmission or
distribution of any substance or commodity.
(Ord. 1349 § I (part), 9.17-77).
13.06.120 person "person" means any individual, person, firm,
Partnership or corporation.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.130 Public entity. "public entity"
or other
Political subdivision of which the city col ncilneans is x officio'sthe tgoverning
body, or the members of the city council are ex officio members of the
governing body.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.140 Public works department. "Public works department" means
the public works department of the city of South Gate.
(Ord. 1349 § 1 (part), 9-12-77).
13.06.150 Section. "Section" means a
section of
through 13.18 unless some other ordinance or statute s mentioneChad. 13.02
(Ord. 1349 § 1 (part), 9-12-77)
13.06.160 Service connection. "Service connection" means the wire,
Pipes, or conduits connecting the building
commodity suor place where the service or
pplied by the franchisee is used or delivered, or is made
available for use or delivery, with the supply line or supply highway or with such supply line or supply main on private prop main in the
(Ord. 1349 § I (part), 9-12-77).
Chapter 13.08
Sections• TERRA — ACCEPTANCE — INSURANCE — BOND
13.08.010
Term.
13.08.020
Acceptance of franchise.
13.08.030
Nonexclusive franchise.
13.08.040
Change in status.
13.08.050
Insurance.
13.08.060
13.08.070
Faithful performance bond.
Alternate to bonds.
588-19 (South Gate 10.7.83)
TERM ACCEPTANCE' INSURANCI? BONI) 13.08.010 13.08.0.511
13.08.010 Term. Unless the ordinance granting the franchise provides
otherwise, the term of the franchise shall be twenty-five years.
(Ord. 1349 § I (part), 9-12-77).
13.08.020 Acceptance of franchise. The franchisee shall, within thirty
days after the passage of the ordinance granting the franchise, file with the
city clerk a written acceptance of the terms and conditions of the ordinance.
provided, however, that as to franchises granted to the United States of
America, use will constitute acceptance.
(Ord. 1349 § I (part), 9-12-77).
13.08.030 Nonexclusive franchise. The granting of the franchise shall
not be construed to prevent the city from granting any identical or similar
franchise to any person other than the franchisee. Nothing herein contained
shall ever be construed so as to exempt the franchisee from compliance with
all ordinances, riles or regulations of the city now in effect or which may be
hereafter adopted which are not inconsistent with the terms of the franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.08.040 Change in status. If the franchisee qualifies before the Public
Utilities Commission of the state of California as a common carrier, the
franchisee shall then have no right to continue to operate hereunder after the
date of such qualification, except with the consent of the city council,
granted upon such additional terms and conditions as the city council may
deem proper. Such additional terms and conditions shall be expressed by
ordinance.
(Ord. 1349 § I (part), 9-12-77).
13.08.050 Insurance. On or before commencement of any franchise
operations, the franchisee shall obtain or provide satisfactory evidence of
having policies of liability and worker's compensation insurance from
companies authorized to transact business in the state of California by the
Insurance Commissioner of California.
(a) The policy of liability insurance shall:
(1) Be issued to the franchisee and name the city, its officers, agents,
and employees, as additional insured;
(2) Indemnify for all liability for personal and bodily injury, death and
damage to property arising from activities conducted pursuant to this
franchise by providing coverage therefor, including but not limited to,
coverage for:
(A) Negligent acts or omissions of franchisee and the agents, servants
and employees thereof, committed in the conduct of franchise operations,
(B) Provide a combined single limit liability insurance in the amount of
one million dollars and provide that the insurance is primary to any
insurance which may be held by the city and which may be applicable
thereto,
588 -?0 (South Gate 11-28-77)
TERM—ACCEPTANCE—INSURANCE—BOND 13.08.060
(C) Be noncancellable without thirty days' written notice thereof
directed to the city clerk.
(b) The policy of worker's compensation insurance shall:
(1) Have been previously approved as to substance and form by the
California Insurance Commissioner;
(2) Cover all employees of franchisee who in the course and scope of
their employment are to conduct or do work
operations; pursuant to the franchise
(3) Provide for every benefit and
Payment Presently or hereinafter
conferred by Division 4 of the Labor Code of he state of California upon an
injured employee, including the vocational rehabilitation and death benefit
(4) Be noncancellable without thirty days' written notice thereof
directed to the city clerk. s'
The franchisee shall file with the city clerk
Prior
any franchise operations, either certified copies of the commencement of
certificate of insurance for each of the required
company issuing the Policies or a
Policy, certifying that thepol�cies executed by the
providing the following information with respect to saidlicpoliis
cy: to force and
(A) The policy number;
(B) The date upon which the policy will become effective and the date
upon which it will expire;
(C) The names of the named insured and the names of additional
insureds required by Chapters 13.02 through 13.18
(D) Subject of the insurance;
(E) The type of coverage provided b
(F) Amount of limit of coverage provided by the insurance;
(G) A description of all endorsements that form a
Any franchise operations shall not commence until the franchisee
part of the policy,
complied with the aforementioned provisions of this section, and any Stich
operations shall be suspended Burin has
maintain the policies in full force and effect period that franchisee fails to
(c) In lieu of the policy of worker's compensation insurance re tired
above, the franchisee may substitute and provide a certificate of consent
to
self -insure, issued b q
California. y the Director of Industrial Relations of the state of
(Ord. 1349 § 1 (part), 9-12-77),
13.08.060 Faithful performance bond.
On or before the effective date
of the ordinance granting the franchise, franchisee shall file and thereafter
all times during the life of the franchise kee
corporate Buret Pon file with the city clerkaa
become entitled to the benefits ghe eito n reserved
ed i public entity which may
future incorporations or annexations, in the to the franchise by virtue of
dollars or Stich other stem as penal stem of ten thousand
ordinance granting the franchise, be specifically provided for in the
attorney, conditioned that franchisee w t hs ret 1 and aapproved b
y the city
truly observe, fulfill and
588-21
(South Gate 10.7.83)
COMPENSATION 13.08-070-13.10-020
Perform each condition of the franchise and that in case of an
condition of the bond, the whole amount of the penal Burn shall be leen
to be liquidated damages and shall be recoverable from the pry breach of
sureties of the bond. If the bond is not to be riled prior to the effective (Kyte
Of the ordinance granting the franchise, the award of the franchise may
and
set aside and the ordinance granting the franchise repealed at any time Pr (late
to the filing of the bond and an �aY be
Of franchise shall be deemed forfeited. In the event that the bond afterI Prior
Y paid in consideration for the award
has been so tiled, shall at an
opinion of the city all at y time during the life of the franchise, inthe
renew the bond ie become insufficient, the franchisee agrees to
ten days after written notice to do s to so from the ce approved ity attorney.
(Ord. 1349 § I , Y the city attorney, within
(part) 9-12-77). Y orney.
13.08.070 Alternate to bonds.
As an
the franchisee may deposit with the city clerk alteate to the filing of and assign to the city a bond `,
and loan certificates or shares,in
such bond,the same amount as requiredon
or both
(Ord. 1349 § I (part), 9-12-77).
13.14010 Rates — General. As consideration for the franchise
following: pay to the city in lawful granted,
the franchisee shall
money of the United States the
In the case of an initial
extend, renew grant of franchise, or on franchises which
or continue
Previouslygranted franchises, the franchisee shall
Pay to the city a granting fee of five thousand dollars within thirty da sofer
the city council adopts the ordinance granting the franchise.
(Ord. 1349 § 1 (part), 9-12-77). Y t
13.10.020 Public unlit
in y °r mutual water com an
utility or mutual water he ranchisee of an p Y• Except as provided
Section 13.10.030
y franchise awarded to a public
p Y, of
consideration for the franchise
hereby granted, shall
Pay to the city in lawful money of the United States,
588-22
(South Gate 11.28.77)
Chapter 13.10
Sections:
COMPENSATION
13.10.010
13.10.020
Rates—General.
Public utility or
13.10.030
mutual water company.
Others.
13.10.040
13.10.050
Initial construction charges.
Proration of payments.
13.10.060
13.10.070
Prompt payment.
Records.
13.14010 Rates — General. As consideration for the franchise
following: pay to the city in lawful granted,
the franchisee shall
money of the United States the
In the case of an initial
extend, renew grant of franchise, or on franchises which
or continue
Previouslygranted franchises, the franchisee shall
Pay to the city a granting fee of five thousand dollars within thirty da sofer
the city council adopts the ordinance granting the franchise.
(Ord. 1349 § 1 (part), 9-12-77). Y t
13.10.020 Public unlit
in y °r mutual water com an
utility or mutual water he ranchisee of an p Y• Except as provided
Section 13.10.030
y franchise awarded to a public
p Y, of
consideration for the franchise
hereby granted, shall
Pay to the city in lawful money of the United States,
588-22
(South Gate 11.28.77)
COMPENSATION 13.10.030
two percent of the gross annual receipts of the franchisee arising from the
use, operation or possession of the franchise.
(1) If the franchise grants a right not therefore in existence and is for a
Purpose involving the furnishing of any service or commodity to the public
or any portion thereof, no percentage shall be paid for the first five years
succeeding the effective date of the franchise but thereafter such percentage
shall be payable annually during the life of the franchise, according to the
"franchise payment period" as defined in Chapters 13.02 through 13.18.
(2) Provided, however, that if the franchise is a renewal, continuation.
or extension of a right already in existence, the payment of the percentage
of gross receipts shall accrue from the effective date of the ordinance
granting the franchise and shall be due within sixty days after the end of
each calendar year.
(3) As used above, the phrase "two percent of the gross annual receipts
of the franchisee" shall be construed as that similar phrase found in Section
6006 of the Public Utilities Code of the state of California.
(4) The city reserves the right to change its fees at five-year intervals
from the effective date of the ordinance granting the franchise, after a public
hearing determines good cause is found and such action is
with the law of the state of California. not in conflict
(Ord. 1349 § I (part), 9-12-77).
13.10.030 Others. (a) The franchisee of any franchise awarded to any
others, including a public utility or mutual water company
franchise for a purpose not involving the furnishing o
public or any portion thereof, as further consideration for the franchise
f any service toedthe
hereby granted including the extension, renewal, or continuation of a
previously granted franchise, shall
pay to eUnited States, within sixty days after thetendcity of each calendar yearin lawful moneyf athe
nd
during the life of the franchise for each and eve
ry Ye
granting the franchise, according to the "franchiser, including the year of
paym
defined in this title, a "base annual fee" computed as follows•ent period" as
(1) Pipe of eight inches or less in nominal internal diameter, the annual
fee shall be twelve cents per linear foot.
(2) Pipe greater than eight inches in nominal internal diameter, the
annual fee shall be twelve cents per linear foot for the first eight inches of
nominal internal diameter, plus two cents per nominal internal diameter inch
for each inch or fraction thereof over eight inches.
(b) The amount of each annual payment of the base annual fee shall be
revised every five years from the effective date of the ordinance granting the
franchise, at the time of payment in accordance with the following formula:
(1) If the final "Wholesale (Primary Market) Price Index for refined
petroleum" prepared by the United States Bureau of Labor Statistics,
Department of Labor, for the average (compiled of annual prices each
October) month of October preceding the date on which
city due pursuant to this section shall stand at the price Prrevailing du nthe
C ng
588-23
(South Cate 10.7-83)
COMPENSATION 13.10.040-13.10.070
October 1977 (as a base of 100.0), then payment to the city shall be made at
the rates hereinabove specified.
(2) If the Index stands at other than 100.0, then the rate of payment
to the city shall vary from the hereinabove rates in direct proportion as the
Index has increased or decreased from the 1977 base of 100.0; provided,
however, that in no event shall the amount of the annual payment be less
than the "base annual fee" as set forth herein.
(3) If the Bureau revises the Index, the parties hereto shall accept the
method of revision or conversion recommended by the Bureau.
(4) If the Bureau discontinues the preparation of a Wholesale Price
Index using prices prevailing in the year 1977, as a base of 100.0, and if no
transposition table prepared by the Bureau is available, applicable to the year
of 1977, then the amount of each annual payment shall be computed by
reference to such other price index as may be chosen by the city and the city
shall be the sole judge of comparability of successive indices.
(Ord. 1349 § 1 (part), 9-12-77).
13.10.040 Initial construction charges. In addition to the foregoing
annual payments, the franchisee shall:
(1) Pay the city an initial construction charge calculated at a rate of
one hundred dollars per mile or fraction thereof for all new mains laid during
the franchise payment period.
(2) Pay the city, during the life of the franchise, an annual fee of
twenty-five dollars per pole -mile or portion thereof, and twenty-five dollars
per mile or portion thereof of underground conduit for telephone or
telegraph lines maintained under the franchise.
(Ord. 1349 § 1 (part), 9-12-77).
13.10.050 Proration of payments. In the event of abandonment of
facilities with the approval of the city as elsewhere in the ordinance
provided, or in the event of removal of such facilities by the franchisee, the
payments otherwise due the city for occupancy of the roads or highways by
such facilities shall be prorated for the calendar year in which such removal
or abandonment occurs as of the end of the calendar month in which
removed or abandoned.
(Ord. 1349 § 1 (part), 9-12-77).
13.10.060 Prompt payment. In the event the franchisee fails to make
the payments for the franchise on or before the dates due as hereinabove
provided, the franchisee shall pay as additional consideration the following
amount: a sum of money equal to ten percent of the amount due.
(Ord. 1349 § 1 (part), 9-12-77).
13.10.070 Records. The franclusee shall keep and preserve, within the
county of Los Angeles for a period of five years, subsequent to the date of
the most recent franchise fee determination as ascertained by an audit made
588-24 (South Gate 1 1-28-77)
CONSTRUCTION 13.12.010-13.12.030
by the city or on its behalf, all the records necessary to determine the
amount of such franchise fee.
At all reasonable times, the franchisee shall permit the city or its duly
authorized representative, to examine all property of the franchisee erected,
constructed, laid, operated or maintained pursuant to the franchise, together
with any appurtenant propert
transcribe an y of the franchisee, and to examine and
y and all books, accounts, papers, maps, and other records kept
or maintained by the franchisee or under its control which treat of the
operations, affairs, transactions
Property or financial condition of the
franchisee with respect thereto.
(Ord. 1349 § 1 (part), 9-12-77).
L'. 12-010 Construction requirements.
be constructed and maintained in a good workmanlike manner, in confirmit
nes and appurtenances shall
With the terms and conditions of any ordinance, rule or regulation, now, or
as hereafter amended, adopted or prescribed b y
the franchise shall be of first-class material. y the city. All pipes laid under
(Ord. 1349 § I (part), 9-12-77).
3.12.020 New installation
replacements of pipelines and a or replacement. New installations or
for the installation ppurtenances and all other facilities necessary
conduits shall be laid and maintained ned maintPursuant enance, and safety of pipelines and
Public works department. All such installations ort replacements shall the
Permit issued by
reviewedby the director of public works as to the most desirable location in
clic roads or IliglIways of the city, and his decision shall be final and binding
Oil the franchisee.
(Orel. 1349 § I (part), 9-12-77).
3.12.030 Work on and restoration of
constructing, laying, replacing,n�Ka3's The work of
Pipelines and appurtenances auhorizedtundeg,the pains o or
ror this removing
all
588-25
(South Cate 11-28-77)
Chapter 13.12
Sections:
CONSTRUCTION
13.12.010
13.12.020
Construction requirements.
New installation
13.12.030
13.12.040
or replacement.
Work on and restoration of high
Completion statement. ways.
13.12.050
Relocation of pipelines
13.12.060
13.12.070
and appurtenances.
Emergency equipment.
13.12.080
Removal or abandonment
Failure to comply. of facilities.
L'. 12-010 Construction requirements.
be constructed and maintained in a good workmanlike manner, in confirmit
nes and appurtenances shall
With the terms and conditions of any ordinance, rule or regulation, now, or
as hereafter amended, adopted or prescribed b y
the franchise shall be of first-class material. y the city. All pipes laid under
(Ord. 1349 § I (part), 9-12-77).
3.12.020 New installation
replacements of pipelines and a or replacement. New installations or
for the installation ppurtenances and all other facilities necessary
conduits shall be laid and maintained ned maintPursuant enance, and safety of pipelines and
Public works department. All such installations ort replacements shall the
Permit issued by
reviewedby the director of public works as to the most desirable location in
clic roads or IliglIways of the city, and his decision shall be final and binding
Oil the franchisee.
(Orel. 1349 § I (part), 9-12-77).
3.12.030 Work on and restoration of
constructing, laying, replacing,n�Ka3's The work of
Pipelines and appurtenances auhorizedtundeg,the pains o or
ror this removing
all
588-25
(South Cate 11-28-77)
CONSTRUCTION 13.12.040-13.12.050
over, under, along or across any highway shall be done to the satisfaction of
- the director of public works at the expense of the franchisee.
(Ord. 1349 § I (part), 9-12-77).
13.12.040 Completion statement. Upon the completion of the
construction of any pipelines or appurtenances constructed pursuant to the
franchise, the franchisee shall submit a statement to the finance director of
the city and to the public works department, identifying the permit or
permits issued by the public works department, the total length of pipeline,
the construction of which was authorized under such permit or permits, the
nominal internal diameter of the pipeline, and the total length of pipeline or
appurtenance actually laid.
(Ori. 1349 § I (part), 9-12-77).
13.12.050 Relocation of pipelines and appurtenances. (a) The city
reserves the right to change the grade, to change the width or to alter or
change the location of any highway over which the franchise is granted. If
any of the pipelines, facilities or appurtenances heretofore or hereafter
constructed, installed or maintained by the franchisee pursuant to the
franchise on, along, under, over, in, upon or across any highway are located
in a manner which prevents or interferes with the change of grade, traffic
needs, operation, maintenance, improvement, repair, construction,
reconstruction, widening, alteration or relocation of the highway, or any
work or improvement upon the highway, the franchisee shall relocate
permanently or temporarily any such facility, at no expense to the city or
public entity upon receipt of a written request from the director of public
works to-do so, and shall commence such work on or before the date
specified in such written request which date shall be not less than thirty days
from receipt of such written request. The franchisee shall thereafter
diligently prosecute such work to completion; provided, however, if such
highway is subsequently constituted as state highway, thereafter and so long
as such highway remains a state highway, no such change of location shall be
required for a temporary purpose.
(b) The city reserves the right for itself, and all public entities which
are now or may later be established to lay, construct, repair, alter, relocate
and maintain subsurface or other facilities or improvements of any type or
description in a governmental but not proprietary capacity within the
highways over which the franchise is granted. If the city or other public
entity finds that the location or relocation of such facilities or improvements
conflicts with the facilities laid, constructed or maintained under the
franchise, whether such facilities were laid before of after the facilities of the
city or such public entity were laid, the franchisee of such franchise shall at
no expense to the city, or public entity, on or before the date specified in a
written request from the director of public works, which date shall be not
less than thirty days after the receipt of such notice, and request to do so,
commence work to change the location either permanently or temporarily of
588-26 (South Gate I1-28-77)
C'ONSTRUC'TION 13.12.060-13.12.080
all facilities so conflicting with such improvements to a permanent or
temporary location in the highways to be approved by the director of public
works; and thereafter diligently prosecute such work to completion. If such
highway is subsequently constituted a state highway, while it remains a state
highway, the rights of the state of California shall be as provided in Section
680 of the Streets and Highways Code of the state of California.
(Ord. 1349 § 1 (part), 9-12-77).
13.12.060 Emergency equipment. At all times during the term of this
franchise, the franchisee shall maintain or arrange for, on a
twenty -four -hour -a -day basis, adequate emergency equipment and a properly
trained emergency crew within a reasonable distance from any facilities
installed or maintained pursuant hereto for the purpose of shutting off the
pressure and the flow of contents of such facilities in the event of an
emergency resulting from an earthquake, act of war, civil disturbance, fire,
flood, or any other cause or nature whatsoever.
(Ord. 1349 § I (part), 9-12-77).
13.12.070 Removal or abandonment of facilities. (a) At the expiration,
revocation or termination of this franchise or of the permanent
discontinuance of the use of all or a portion of its facilities, the franchisee
shall, within thirty days thereafter, make written application to the director
of public works for authority either to: (1) abandon all or a portion of such
facilities in place; or (2) remove all or a portion of such facilities. Such
application shall describe the facilities desired to be abandoned, their
location with reference to city highways, and shall describe with reasonable
accuracy the physical condition of such facilities. The director of public
works shall determine whether any abandonment or removal which is
thereby proposed may be effected without detriment to the public interest
and under what conditions such proposed abandonment or removal may be
effected. He shall then notify the franchisee of his determinations.
(b) Within thirty days after receipt of such notice, the franchisee shall
apply for a permit from the public works department to abandon or remove
the facility.
(c) The franchisee shall, within ninety days after obtaining such
Permit, commence and diligently prosecute to completion the work
authorized by the permit.
(Ord. 1349 § 1 (part), 9-12-77).
13.12.080 Failure to comply. (a) If any facilities to be abandoned "in
Place" subject to prescribed conditions shall not be abandoned in accordance
with all such conditions, the director of public works may make additional
appropriate orders, including an order that the franchisee shall remove any
or all of such Facilities. The franchisee shall comply with such additional
orders.
(b) In the event that the franchisee fails to comply with the terms and
588-27 (South Gate 11.28-77)
SPECIAL PROVISIONS FOR OIL PIPELINES 13.14.010-13.14.020
conditions of abandonment or removal as may be required by Chapters
13.02 through 13.18 and within such time as may be prescribed by the di-
rector of public works, then the city may remove or cause to be removed
such facilities at the franchisee's expense. The franchisee shall pay to the city
the cost of such work plus the current rate of overhead being charged by the
city for reimbursable work.
(c) If, at the expiration, revocation or termination of this franchise, or
of the permanent discontinuance of the use of all or a portion of its facili-
ties, the franchisee within thirty days thereafter fails or refuses to make
written application for the abovementioned authority, the director of public
works shall make the determination as to whether the facilities shall be
abandoned in place or removed. The director of public works shall then
notify the franchisee of his determinations. The franchisee shall thereafter
comply with the provisions of subsections (b) and (c) of Section 13.12.070.
(Ord. 1349 § 1 (part), 9-12-77).
13.14.010 Rights granted. The franchisee granted an oil pipeline
franchise shall have the right during the life thereof to transport oil, gas,
gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water,
mud and other liquid substances through the pipelines maintained under the
franchise. If the franchisee or assignee qualifies before the Public Utilities
Commission of the state of California as a common carrier, the franchisee or
assignee shalll then have no right to continue to operate hereunder after the
date of such qualification except with the consent of the city council,
granted upon Stich additional terms and conditions as the city council may
deem proper. Such additional terms and conditions shall be expressed by
ordinance.
(Ord. 1349 § 1 (part), 9-12-77).
13.14.020 Materials used. All pipelines used or to be used for the
transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon
substances or other flammable liquid, shall be first-class and standard
material as set forth by current American Petroleum Institute pipeline
specifications.
(Ord. 1349 § 1 (part), 9-12-77).
588-28 (South Gate 10-7-83)
Chapter 13.14
SPECIAL
PROVISIONS FOR OIL PIPELINES
Sections:
13.14.010
Rights granted.
13.14.020
Materials used.
13.14.030
Approvals.
13.14.040
Reports.
13.14.050
Payments due.
13.14.060
Nonapplicability.
13.14.010 Rights granted. The franchisee granted an oil pipeline
franchise shall have the right during the life thereof to transport oil, gas,
gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water,
mud and other liquid substances through the pipelines maintained under the
franchise. If the franchisee or assignee qualifies before the Public Utilities
Commission of the state of California as a common carrier, the franchisee or
assignee shalll then have no right to continue to operate hereunder after the
date of such qualification except with the consent of the city council,
granted upon Stich additional terms and conditions as the city council may
deem proper. Such additional terms and conditions shall be expressed by
ordinance.
(Ord. 1349 § 1 (part), 9-12-77).
13.14.020 Materials used. All pipelines used or to be used for the
transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon
substances or other flammable liquid, shall be first-class and standard
material as set forth by current American Petroleum Institute pipeline
specifications.
(Ord. 1349 § 1 (part), 9-12-77).
588-28 (South Gate 10-7-83)
SPNC'IAL PROVISIONS FOR OIL PIPELINES 13.14.030-13.14.060
13.14.030 Approvals. On all pipelines laid pursuant to the franchise, the
fire chief shall approve where flush -valve connections shall be placed in the
line. The availability of adequate water supplies, the commodity transmitted
in the line, and the location of control valves shall be considered when
making such determination. Such flush -valve connections shall be installed in
the manner prescribed by the fire chief.
(Ord. 1349 § 1 (part), 9-12-77).
13.14.040 Reports. The franchisee, during the life of the franchise,
within sixty days after the expiration of each franchise payment period,
shall:
(a) File with the city clerk two copies of a report verified by the oath
of the franchisee or by the oath of a duly authorized representative of the
franchisee showing for the immediately preceding franchise period, the
length of lines in highways, the nominal internal diameter of such lines, the
rate per foot per year and the total amount due the city.
(b) File with the director of public works a report in triplicate,
showing the permit number of each permit obtained for the installation of
new mains during the immediately preceding franchise payment period,
together with the length and size of said mains. On this report, the franchisee
shall show any change in franchise footage since the last franchise payment
period, segregating such footage as to new mains laid, old mains removed,
old mains abandoned in place, and the footage of mains in territory annexed
or incorporated since the last franchise payment period.
(Ord. 1349 § 1 (part), 9-12-77).
13.14:050 Payments due. Except for pipelines lawfully maintained
other than by the authority granted by the franchise, the annual payments
shall accrue from the respective dates of installation, whether before or after
the effective date of the ordinance granting the franchise, and such
payments, together with the initial construction charge, if any, shall be due
and payable annually beginning with the expiration of the first franchise
payment period selected by the franchisee in accordance with Section
13.06.080.
(Ord. 1349 § 1 (part), 9-12-77).
13.14.060 Nonapplicability. This section does not apply to public
utilities or to mutual water companies, where the franchise is for a purpose
involving the furnishing of any service or commodity to the public or any
portion thereof.
(Ord. 1349 § I (part), 9-12-77).
588-29 (South Gate 11-28-77)
SPECIAL PROVISIONS, WATER PIPELINES
SPECIAL
Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.080
13.16.010-13.16.050
Chapter 13.16
PROVISIONS FOR WATER PIPELINES
Rights granted.
Plan approval.
Condition of approval.
Exception.
Fire hydrants.
Report to city clerk.
Report to director of public works.
PaYmen ts.
13.16.010
Pipelines not subjectRights
anted. The franchisee
Of period covered b to Chapter 13.14, shall have granted a franchise for
service connections Y the franchise the right, during t
with all and subject to the terms thereof, to term
distribute water through Property adjoining make
(Ord. 1349 § I gh the pipes andPipelinesg h'gl1ways and to furnish and
(part), 9-12-77) for any purpose.
13.16.020 Plan approval.
extensions for domestic Plan
ter se All
new pipelines
according to 1 refs shall f. constructed, laid replacements and
(Ord. 1349 § Plans approved by the fire chief.
(part), 9.12.77) ,and designed
13.16.030 Condition of a
if the pipelines approval. The fire c
if th to be laid, The
chief shall approve such
conjunction with related facilities °r replaced are Plans
comply with re � and the location SO designed in
Board of Fire Under writers. demands °f fire hydrants,
(Ord. and fire flows indicated bto
1349 § 1 (part), 9-12-77). Y the
13.16.040
requirements Exception.
The fire chief may of Section 13.16.030, where y grant an exception
unnecessary hardships exce to the
section Ps in the way there are practical difficulties or
and in the granting Y °f carrying out the district letter of said
be observed, public 8 of such exception, the spirit
(Ord. 1349 § 1 safety secured, and substantial jusdone. section will
(part), 9-12.77)
13.16.050 Fre hydrants . As further consideration for the
the franchisee agrees that at the re
install at no cost to the cit granting of
hydrants at Y (except a reasonablemonthly
fire chief to
dCSignated by such Places along the franchisee's
the fire chief. water Y rental), fire
(Ord. 1349 § 1 (part), 9-12-77). mains as may be
588-30
(South Cate 11.28-77)
SPECIAL PROVISIONS, WATER PIPELINES 13.16.060-13.16.080
13.16.060 Report to city clerk. The franchisee of any franchise awarded
to a public utility or a mutual water company, subject to the provisions of
Section 13.10.020, shall file with the city clerk for each franchise payment
period, within sixty days after such period, two copies of a report verified by
the oath of the manager, or any responsible officer of the franchisee (except
where the franchisee is an individual, in which case the report shall be
verified by the oath of the franchisee) showing the total gross receipts of the
franchisee for the franchise payment period, received or accrued in
connection with the furnishing of the commodity or service arising from the
use or operation of the franchise, together with such additional data as is
necessary in the opinion of the city clerk to calculate or verify the
calculation of the annual payment required by Section 13.10.020 (or the pro
rata thereof for the first period if the first period is less than one year) and
which payment shall be paid concurrently with the filing of the statement.
In the event the amount paid is incorrect in the judgment of the city
council, it may order the payment of such additional sum as it may find
thereunder; and if not paid, or if paid under protest, the same may be
determined by suit.
(Ord. 1349 § 1 (part), 9-12-77).
13.16.070 Report to director of public works. Within sixty days after
the expiration of each franchise report period, the franchisee shall file with
the director of public works a report in triplicate, showing the permit
number of each permit obtained for the installation of new mains during the
immediately preceding franchise report period, together with the length and
size of said mains. On this report, the franchisee shall show any change in
franchise footage since the last franchise report period, segregating such
footage as to new mains laid, old mains removed, old mains abandoned in
place, and the footage of mains in territory annexed or incorporated since
the last franchise.
In those cases where the annual franchise report under Section
13.16.060 required during the first five years, the report under this section
shall, nevertheless, be filed annually as stated above, during the five-year
period as well as thereafter.
(Ord. 1349 § 1 (part), 9-12-77).
13.16.080 Payments. The franchisee, during the life of the franchise.
shall make annual payments to the city, as provided in Sections 13.10.00
and 13.10.040.
(Ord. 1349 § 1 (part), 9-12-77).
588-31 (South Gate 11.28.77)
SPECIAL PROVISIONS FOR GAS PIPELINES 1.3.18.010-13.1
8.050
Chapter 13.18
Sections: SPECIAL PROVISIONS FOR GAS PIPELINES
13.18.010 Rights granted.
13.18.020 Approval.
13.18.030 Report to city clerk.
13.18.040 Report to director of public works.
13.18.050 Payments.
13.18.010 Rights granted. The franchisee shall have the right, during
period covered by the franchise and subject to the terms and'conditions
thereof, to make service connections with all property msadjoining hi t the
and to furnish and distribute gas throwons
Purpose. through said Pipes and i ghways
(Ord. 1349 P P Pipelines for any
§ 1 (part), 9-12-77).
13.18.020 Approval. On alli
Pursuant to the franchise, the fireelines chief shall carrying
connections shall be placed in the linepprove where flu -valve
availability
gas heavier than air laid
. The availab 1 ty of adeq ate water
supplies, the commodities transmitted in the line, and the location of con
valves shall be considered when making such determination. Such flus -
connections shall be installed in the manner prescribed b the control
(Ord. 1349 § 1 (part), 9-12-77). flush -valve
Y e fire chief.
13.18.030 Report to ci
franchise, shall to ty clerk. The franchisee, during the life of the
Section 13.16; P pare and file with the city clerk a report as provided by
060• (Ord. 1349 § 1 (part), 9-12-77).
13.18.040 Report to directorf
the life of the franchise, shall ° Public works.
works a report as provided by Sectionr13.16 07� with the directoreof public
(Ord. 1349 § 1 (part), 9-12-77).
13.18.050 Payments. The franchisee, during the life of the franchise
shall make annusl payments to the city as provided in Sections 13
and 13.10.040. 10.02 ,
(Ord. 1349 § 1 (part), 9-12-77). 10.020
588-32
South Gate 11-28-77)
SENT BY:DOWNEY CITY HALL 4-91 9:04AM ; 121S9c3b-78B� 2
ORDINANCE NO. 9:;
AN ORDINANCE OF THE CITY COUNCIL CORPORATION
THE CITY OF DOWNEY GRANTING
A FRANCHISE TOIL
The City Council of the City of Downey does ordain as follows:
SECTIO! I. NATURE OF GRANT
A. EXTENT OF GRANT: The City of Downey, hereinafter also referred
to as "CITY", hereby grants to Mobil 011 Corporation, its successors and
assigns, hereinafter referred to as "Grantee", subject to the terms and
conditions herein contained, the right, franchise and privilege from time
to time, for t period of five (5) years from and after the effective date
of this ordinance, to install, operate, maintain, replace, abandon p
and/or remove pipe lines for the transportation of oil, gas, gasoline,
petroleum, wet gas, hydrocarbon substances. water, waste water, mud, sham
or other substances transportable by pipelines together with all
appurtenances and service connections necessary or convenient to properly
maintain and operate said pipelines, including cathodic protection
facilities, and also including appurtenances and equipment for power and
or convenient for the Grantees business,
communication lines necessary
hereinafter collectively called "franchise property", within the puts`iic
streets, highways, alleys and other public ways, hereinafter collectively
called "streets", of the City of Downey, is enumerated and described in
Exhibit "A", which is attached hereto and is made a part of this franc
and such other "streets" as may be authorized in accordance with the
provisions of Subsection B of Section 1 hereof.
B. AUTHORIZATION TO USE ADDITIONAL STREETS: Grantee is hereby
authorized to use other streets within the City for the purposes for which
this franchise is granted, provided (a) that all facilities constructed
and mains of dthis fr nchise; and in such ther streets
that lthisespecisubject
to All Of the
provisionsoflocation of such
facilities be approved by the City Council.
SECTION Z. DURATION OF FRANCHISE
A. This franchise shall expire five (5) years from and after the
effective date hereof unless sooner terminated by ordinance as herein
provided. City reserves the right to terminate this franchise prior to
Its expiration date in the event:
1. Grantee fails to comply with any of the provisions hereof,
provided however, that if such failure to comply shall be due
to a cause beyond the control of the Grantee, the franchise
shall not be so terminated: and provided further that this
franchise shall not be so terminated unless the Grantee is given
written notice of such noncompliance and fails within 30 days
of the date of such notice to cure such failure, or if it Cannot
be fully cured within such period, than to commence and thereafter
diligently prosecute to completion the corrective action necessary
to cure such noncompliance. Notwithstanding the foregoing,
OF&INANCE - PAGE 2
CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION
if Grantee's noncompliance is of such kind or nature as to cause
a hazard to the public or endanger the public peace,
safety or general welfare, the City's Director of Public Works
may so notify Grantee and reduce the period during which Grantee
shall commence the work necessary to correct such noncompliance.
In the event the Grantee fails to cure or commence the corrective
action within the time specified, as a alternative to terminating
this franchise, the City may do the corrective work at the
Grantee's expense.
2. Any provisions hereof become invalid or unenforceable and the
City expressly finds that such provisions constitute
consideration material to the granting of this franchise, then
this franchise may be terminated by the City on IO days' written
notice.
SECTION 3. CONSTRUCTION AND OPERATION
A. LOCATION OF FRANCHISE PROPERTY: The location ocAny franchise
property installed hereunder shall be first approved by the
r of
Public Works.
B. QUALITY CONTROL: All franchise property installed and maintained
hereunder shall be constructed and maintained in a good workmanlike manner
and in conformity with all ordinances. rules or regulations now or hereafter
adopted or prescribed by the City and any other governmental agency having
riover
eteSAll pipelines
installed shall csttoapplicbleU U.S.A.S.ASandardCodeforressure Piping, in its late
revision.
C. STREET EXCAVATIONS: Grantee shall have the right to make all
necessary excavations in the streets for the purposes granted in this
franchise, but nothing herein contained shall relieve Grantee from the
provisions of any ordinance or law governing such excavations that may
be in force at the time, requiring permits to be obtained for street
excavations before such work is commenced.
All excavations shall be made and refilled in strict compliance
with all City ordinances that may be in effect at the time of the performance
of the work and shall be made so as not to interfere unreasonably
with
the free use of the streets by the public.
Upon completion of the work for which street excavations are made,
all portions of the streets which have been excavated or otherwise damaged
by such excavation work shall be restored to at least as good a condition
as they were in, before the commencement of such work, to the satisfaction
of the Director of Public Works,
0. EMERGENCY WORK: The Grantee shall promptly repair any leaks
or breaks in pipelines and conduits and, if any portion of any street,
including appurtenant facilities, shall be damaged by reason of breaks
or leaks in pipe or conduit constructedOr maintained under this franchise,
the Grantee shall, at its own expense, take immediate steps to repair any
ORDINANCE - PAGE 3
CLTY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION
such damage and restore such street, including appurtenant facilities,
to as good a condition as it was before such break or leak, to the
satisfattion of the Director of Public Works. Grantee's obligation under
this paragraph shall also include, but not be limited to, removal of all
products released, accidently or otherwise from the pipeline and remediation
of the contaminated soil in the manner and to the extent required by
applicable federal, state and local laws and regulations. In the event
of any such leak or break in the pipelines or conduits, Grantee shall
immediately notify the Downey Fire Department of the nature of the problem
with the pipeline and the location. Such emergency repair of franchise
property may be commenced without prior permit provided, however, that
Grantee shall, by not later than the next normal working days apply to
the Director of Public Works for a permit authorizing such emergency work.
E. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS: If the Director of
Public Works shall determine that it is reasonable and necessary that
franchise property be temporarily disconnected, abandoned, temporarily
or permanently reproved, temporarily or permanently relocated or substitute
facilities installed, in order that the City or Community Development
Commission of the City of Downey, may relocate, change grade, construct,
use, maintain, change or modify any street improvement or City -owned utility
facilities, said Director of Public Works shall give notice, in writing.
to the Grantee. Within thirty (30) days after the service of such notice
upon the Grantee, the Grantee shall at its sole cost and expense begin
and diligently prosecute the necessary work to completion. Upon failure
to do so. the Director of Public Works may cause said work to be completed,
and the Grantee shall immediately pay for the same upon presentation of
an Itemized account Of the cost thereof.
in the event that any franchise property is required to be abandoned
in or permanently removed from any street or portion thereof affected,
the Director of Public Works shall approve such additional street location
or locations as may be necessary to permit the installation of substitute
facilities.
F. ABODONI4ENT OF FRANCHISE PROPERTY: The Director of Public Works,
upon such teras and conditions as he may determineo may give Grantee
permission to abandon, without removings franchise property installed under
the franchise. The length of any pipeline or pole line abandoned Kith
such permission shall not be considered in calculating payments due under
the franchise following the date the Director of Public Works or his
designated representative has inspected end approved in writing the
abandonment work. The ownership of all franchise property so abandoned
shall thereafter vest In the City.
G. OPERATIONAL REQUIREMENTS:
1. Within five (5) days after submitting to any governmental
agency any report, document or writing concerning the
franchise property (including, but not limited to reports
of incidents, inspection reports, safety reports, or permit
applications or documents) Grantee shall submit to the
Director of Public Works. true complete and correct copies
of such documents.
SENT B-(': DOIANEY C I TY HALL
ORDINANCE - PAGE 4
CITY OF DOWNEY GRUNTING A FRANCHISE TO MOBIL OIL CORPORATION
2. Within five (5) days of receiving any report, document or
other writing concerning the franchise property from any
governmental agency (including, but not limited to permits
or approvals, notices of violations, or actions, inspection
reports, or incident reports) Grantee shall submit true,
correct and complete Copies thereof to the Director of Public
Works.
SECTION 4, MAPS AND RECORDS
A. Prior to using any franchise property which has been installed,
relocated, or reproved, the Grantee shall file with the Director of Public
Works, a temporary map, in such form as may be required by the Director
of Public Works, showing the location, length, depth and site of such
facilities so installed, relocated, removed or abandoned. Within six (6)
months following the date in which any franchise property has been
bra tee riled,
relocated, removed or abandoned under this franchise, the
file a map or maps in such form as may be required by the Director of Public
Works showing the precise location, length, depth and size of all such
facilities so installed, relocated, removed or abandoned.
SECTION S. COtMSATIOM TO TME CITY
A. As consideration for the franchise hereby granted, Grantee shalt
oaks annual payment to the City, in lawful money of the United States,
at the rate of $0.04 per nominal internal diameter inch per lineal foot
of pipeline maintained in the City's public streets pursuant to this
franchise. The annual payments shall be made on or before the 1st day
of March. In the event any facility shall have been subject to the terms
of this franchise for only a fractional part of the preceding year ending
December 31, the payment therefore shall be computed on the proportion
which the number of days in the fractional part bears to 360.
The annual payment shall be accompanied by a report showing the
lengths of pipelines, pots lines and/or conduits maintained under
the
franchise, the nominal internal diameter of the pipelines, the app
payment rates and the total amount due.
The rate of compensation shall be adjusted annually to reflect any
annual increase in the Consuftr Price Index of the United States Department
of Labor for the Los Angeles - Long Beach area (CPI -u) for December through
December. In no event shall the rate of compensation be reduced.
SECTION 6. a A UTEE AND RESPOMSIBILITY
A. BOND: This franchise is granted upon the condition that the
Grantee shall at all times during the life of this franchise shall have
on file with the City a Faithful Performance Bond running to the City in
the sum of Two HUNDRED THOUSAND DOLLARS ($200.000.00) executed by a reputable
surety entitled to do business in the State of California. The said Bond
shall contain the conditions that the Grantee shall well and truly observe,
fulfill and perform each and every term and condition of this franchise,
SENT BY,:DOWHEY CITY HALL ; 3- 4-91 Q:0 -AH ; 12139236388-� ^143502519;# c
ORDINANCE - PAGE 5
CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION
and that in case of any breach of any condition of said franchise, the
whole amount of the sushal herein
named shall
from tthen principaimeandto be
from
liquidated damages and
the sureties upon said d Bond
pl i ante provisions
li with any sof fthis the laws section the shall
Ci City not
n
exempt the Grantee from c p
force during the term hehdee0sit hrequiredubyed the this sectiones to post a on
or deposit other than
In addition to the payment necessary to cure defaults under the
contract ► the City Shall nd also
ansae f tall staff to recover
time expended i nr curing
he
full and complete cos nt under the Bond, attorneys' fees with respect
the default and securing payu+e
to curing the default and securing payment under the Bond and All othend
r
costs,, fees and expenses incu�ndd, bylnhad iiti n. atu the time dPa,yment efaulteis
obtaining payment under the
made by the bonding company to the City of all amounts to which thercent
is entitled, the City a1 one tike data interest noticeOn i to cure was unt At tMsubmitive ted to
(12x) per annum beginning
the franchise.
The City retains the right to pursue all legal remedies against
Grantee for breach of the terms of this franchise and the use by the City
of the Bond shall not constitute an election by the City to use this remedy
to the exclusion of others.
B. INDEMNIFICATION: The grantee, by the acceptance or use of the
franchise hereby grantedj, s orto defend employes Against any and o all ld harmless
the City* its officers, agentsrosecuted
demands► liabilities, or causes of action which may be asserted, p
or established against them. or any of them, whether ineritorius or not,
for damage to persons or property, of whatsoever nature, arising of the
Of
the use by it of the City streets hereunder or arising out of any
operations or activities of the Grantee pursuant to this franchise, whether
such damage shall be caused by negligence or otherwise and Grantee shall
reimburse the City, its nOfficers suchdclaims.meliabilities or IS for all p causes ofacti Including
attorneys' fees, resulting
or Grantee's default under this franchise ordinance.
C. INSURANCE: This franchise is granted on the Condition that
the Grantee shall furnish an Insurance Policy in the minim amount of
ten million dollars ($10,000,000) with the City of Downey named as additional
insured and provide a certificate Of such insurance on the fore shown as
Exhibit "8",6 the policy shall be kept in force during thes er tioinailf
the franchise. The City shall modification or cancellatd in ion of said policy -
In
(30) days prior to any
In the event that such policy is not furnished as evidenced by a
Certificate of Insurance on the form shown on Exhibit B, or if such policy
is cancelled for any reason or modified in violation of this franchise,
the City may use any or l of trio on behalf funds of i the h Cityfaithful
Grante�nce bond
to purchase such insurance
SENT EY ; DLLaINEY C I TY HHLL 4-91 9: 0'=;Hh1 12139 =6 Eos 714.-50�- 51'P: ##
ORDINANCE - PAGE 6
CITY OF DOWNEY GRANTING A FRANCHISE TO MOBIL OIL CORPORATION
SECTION y. ASSIGNMENT
A. Grantee shall not permit any right or privilege granted by the
franchise to be exercised by another, nor shall the franchise or any interest
therein or any right or privilege thereunder be in whole or in part sold,
transferred, leased, assigned or disposed of. except to a corporation
acquiring or owning a portion of the assets of the Grantee through
consolidation, merger or reorganization, or to a parent or subsidiary of
Grantee, without the consent of the City expressed by resolution upon finding
that the proposed transferee is capable of carrying out the obligations
of the Franchise and has expressly consented in writing to do so; provided,
however, that the provisions of the franchise shall not require any such
consent, and no Consent shall be required for any transfer by Grantee in
trust or by way of mortgage or hypothecation covering all or any part of
Grantee's property, which transfer, mortgage or hypothecation shall be
for the purpose of securing an indebtedness of Grantee or for the purpose
of renewing, extending, refunding. retiring, paying or cancelling in whole
or in part any such indebtedness at any time or from time to time. Any
such sale, lease,, assignment or other disposition of this framchise, whether
requiring the consent of the City or otherwise, shall be evidenced by a
duly executed Instrument in after writing Ch11ed sale, � lease, the ffice Of the assignment Citory other
Clerk
within thirty (30) days
d1SpOS1t1On.
SECTION S. ACCUTA,NCE
A. This franchise is granted and shall be held and enjoyed only
upon the terms and conditions herein contained, and the Grantee shall,
within ten fi lOe with theerCthe i City Clark adoption of thehis City Ordinance
Downegranting, written
franchise,
acceptance of such teras and conditions.
SECTION 9. NOTICE
Notice to the City shall be sent to Director of Public Works, City
of Downey, 11111 Brookshire Avenue, Downey, CA 90241.
Notice to Franchisee shall be sent to
anbil Oil corporation
wast cast Pipelines
3700 wast 190th Street, Torrance. CA 90509-2929
SECTION 10. EFFECTIVE DATE
A. This Ordinance shall take effect on the 31st day after final
passage.
APPROVED AND ADOPTED this 9th day of October , 1990.
ATTEST:
Judith E. McDonnell
City C ark
Roy L. Paul
Mayor
ORDINANCE - PAGE 7
CITU OF DOWEY GRANTING A FRANCHISE TO MOBIL OIL CORpORATIOK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF DOWNEY 1
I HEREBY CERTIFY that the foregoing Ordinance No. 915 was introduced
at a regular meetinj of the cion
ty
anduncil Of adopted at ea City of
the
the 1lthiay of September 1990,
City—Cosncil OT56 city of Downey held on the g_th ay of October 1990,
by the following vete, to wit:
AYES: 5 Council Members: Boggs, Hayden, Brazelton, Cormack, Paul
NOES: 0 Council Members: None
ABSENT: O Council members: None
Judith E. McDonnell
City ClerK
115/002
.rte � �• �. � ..
4 a = •1, ••
8 -inch activegam] 4 rA Ling 044) :
mr Blow A
WAP-alph rag Mmt Pbutbwly b=Rbxy point
7 b=oftcy
val^.
25tal fm, tog it 12,125 -fast 2.34 milw.
/1
r
CHJUN PIPELINE PRawT
A CRUDE OIL TRANSPORTATION SYSTEM FROM
12 GAUGE, CALIFORNIA TO CARSON, CALIFORNIA
EXECUTIVE SUMMARY
PREPARED BY:
CAJON PIPELINE COMPANY, LTD.
MARMAC SYSTEMS ENGINEERING
ADMATHA, INC.
EXECUTIVE SUMMARY
TABLE OF CONTENTS
1.0 Introduction
2.0 Background and Purpose
3.0 Project Description
4.0 Pipeline Design Criteria
EXHIBITS
Exhibit A Location Map
Exhibit B Permit Schedule
Exhibit C Preliminary Project Schedule
CAJON PIPELINE COMPANY
EXECUTIVE SUMMARY
1181"y powl
The Cajon Pipeline Company (Cajon), has filed applications with the
Bureau of Land Management and the California State Lands Commission
to construct a new 750,000 barrel crude terminal and a 126 -mile, twenty
(20) inch diameter insulated pipeline to transport heavy crude oil from the
new terminal site 27 miles west of Barstow, California, to the GATX
crude oil terminal in Carson, California.
1.0-1
The pipeline's constructed cost is currently estimated to be $108 million
(1990 dollars) and is designed to transport 150,000 barrels per day (BPD)
of heavy crude oil to the Los Angeles Basin where it will be processed.
The Cajon Pipeline Project is economically justified because of:
o Alaskan oil production is expected to decline further during the
mid -1990's, and by the year 2000 current production levels could
fall-off by more than 50% due to depletion of the North Slope oil
fields. As a replacement for declining volumes of Alaskan crude,
significant California crude supplies exist off the coast of Santa
Barbara County and in the San Joaquin Valley.
o All the shareholders in the production from the Point Arguello
Field and San Joaquin Valley (SJV) crude oil producers have
identified the Los Angeles Basin as their market destination of
choice for refining of this crude oil.
o The positive price differential for OCS and SJV crude oils on the
West Coast vs. the Gulf Coast.
o The lack of an existing common carrier heated and insulated
pipeline system to the Los Angeles Basin.
1.0-2
o The denial of a marine tanker option by the California Coastal
Commission and the Santa Barbara County Board of Supervisors.
o Political and public opposition to tankering, based on the "Exxon
Valdez" and more recent "American Trader" tanker spills. These
considerations have created an immediate need for a pipeline
system capable of transporting OCS and SJV heavy crude oil
production, at a reasonable tariff, to the Los Angeles Basin.
ALASKA NORTH SLOPE OIL PRODUCTION
Crude oil production estimates have varied relative to the volume to be
produced in Alaska in the future. It is generally agreed, however, that the
output from that source will decline substantially through this decade and
beyond.
Studies by Arthur D. little, as reported in the "West Coast Crude
Balances" Santa Barbara County COTA, February, 1990, indicate that
production of ANS crude oil will decline at a rate of 10 percent per year.
Point Arguello crude oil was scheduled to begin production in the spring
of 1990. However, production has not started due to the lack of an
acceptable transportation system. Nearly all of the shareholders in the
1.0-3
production from the Point Arguello Field have identified Los Angeles as
their market destination of choice for the refining of this crude oil.
Point Arguello Partners' Refinery Destination of Choice
o Chevron USA
Los Angeles
Area
o Koch Exploration Company
West Coast
Los Angeles Basin
o Oxbow Energy, Inc.
West Coast
Los Angeles Basin
o Pennzoil Company
West Coast
Los Angeles Basin
o Phillips Petroleum Company
Gaviota
Marine Terminal
o Simmons Santa Barbara Ltd
West Coast
Los Angeles Basin
o Sun Exploration & Production Co.
Los Angeles, San
Francisco &
Washington
o Texaco Harvest Pipeline Company
Los Angeles
o Union Pacific Resources Company
Long Beach, CA
Santa Ynez OCS crude oil is scheduled to begin production in the second
quarter of 1993. Exxon, in testimony given at the Santa Barbara County
Planning Commission meeting on March 15, 1990, indicated that they will
ship one-half (40,000 BPD) or more of their Santa Ynez/Hondo OCS
crude oil production to Los Angeles, when it comes on stream in 1993.
Studies by Arthur D. Little, as reported in the "West Coast Crude
Balances" Santa Barbara County COTA, Feb., 1990, reveal that "By 1993,
95,000 BPD of Point Arguello and Santa Ynez crude oil will require
transport to Los Angeles; and by 1995 this volume increases to 105,000
BPD."
1.0-4
MMIMIL011j]
Currently, Shell Oil Company is shipping 40,000 BPD of San Joaquin
Valley (SJV) heavy crude oil to their Los Angeles refinery via a "Unit
Train" originating in Bakersfield. Shell has indicated that they are
interested in eliminating the "Unit Train" and tendering that crude oil to
a heated pipeline system.
Independent oil producers are presently selling up to 15,000 BPD of SJV
heavy crude oil to brokers at reduced prices for blending with lighter
crudes because there is no heated pipeline system available to transport
the heavy crude.
The production of SJV heavy crude oil is expected to increase significantly,
with the introduction of additional Enhanced Oil Recovery (EOR) as gas
volumes become available in the San Joaquin Valley. These additional
volumes are expected to be tendered to the pipeline system for transport
to the Los Angeles market.
AVAILABLE CRUDE OIL PRODUCTION
1993
OCS Crude Oils 95,000 BPD
SJV Crude Oils 55.000 BPD
TOTALS 150,000 BPD
1.0-5
1995
105,000 BPD
65.000 BPD +
170,000 BPD +
In an analysis performed by Arthur D. Little ("West Coast Crude Oil
Balances" SBCOTA February, 1990) the market price for the Arguello
crude was projected for both the West Coast and Gulf Coast, as shown
below:
Point Arguello Delivered Prices
$/Bbl
1990
1993
1995
2000
2005
West Coast
12.25
14.50
16.35
19.15
24.25
Gulf Coast
11.70
13.65
15.95
18.45
23.45
Differential
0.55
0.85
0.40
0.70
0.80
As shown by the above estimates, Point Arguello crude, sold on the West
Coast, can obtain a better price than if sold on the Gulf Coast. That price
differential is calculated to be about $0.55/Bbl in 1990 increasing to about
$0.85/Bbl in 1993. In the near term it is expected that in order to sell
Point Arguello crude in the Gulf Coast, very attractive prices may be
necessary to entice refiners to process it.
There are no direct or connecting pipelines with available capacity or with
the capability of transporting the additional heavy OCS crude oil to the
Los Angeles refinery destination. This crude currently requires either
blending, with lighter crude oils, or application of heat for transport.
1.0-6
Contrary to this, the Cajon Pipeline will be designed to accommodate the
heavy crudes. Outlet temperature from the originating station will average
160°F. Only the heaviest grades of crude oil require heating. In the
interest of overall energy efficiency, the pipeline will be insulated to
minimize heat loss. Insulation will be 2 inches of polyurethane with a
hard vinyl outer jacket. The pipeline will be coated with a double wrap
of plastic tape and have a complete cathodic protection system.
1.0-7
P
1.0-8
ET N
KER Ai 'rERNATIVE
The Point Arguello Partners applied to the County of Santa Barbara for
a permit to transport their OCS crude oil, via marine tankers, from the
Gaviota Interim Marine Terminal to Los Angeles "until a heated Gaviota
to Los Angeles pipeline system became available". The Marine
Transportation Permit Application for the Point Arguello project was
denied by the Santa Barbara County Board of Supervisors on November
12, 1990. This denial has been appealed to the California Coastal
Commission (CCC) and is expected to be heard within 45 days. A
previous permit appeal was denied by the CCC in 1989.
C AJON PIPELINE TRANcpnu T A�1D TAR_
During the second quarter of 1993, the pipeline will be transporting 90-
110,000 BPD of Point Arguello and Santa Ynez OCS crude oil. An
additional 50-60,000 BPD of existing San Joaquin Valley (SJV) heavy
crude oil will be delivered to the system, at the Cajon Terminal, by the
All American Pipeline. Enhanced Oil Recovery is expected to further
increase the available volumes in the San Joaquin Valley. A total of 140-
170,000 BPD would thus be delivered to the Cajon Terminal by the All
American Pipeline. The oil will be shipped by Cajon Pipeline directly to
the GATX crude oil terminal in Carson, California. GATX has
connecting crude oil pipelines to thirteen refineries in the Los Angeles
-- Basin.
1.0-9
180
B 160
F 140
D
120
X 100
Be
1 6(
0 4(
0 2(
0
Cajon Pipeline Thruput Estimate -1993
® Minimum Est. M Maximum Est.
OCS J)
The All American Pipeline -Cajon Pipeline joint tariff to the Los Angeles
Basin, together with the tariffs of connecting carriers and local terminal
costs will deliver OCS and SJV crude oils to the Los Angeles area at a
competitive tariff and will have additional standby capacity to transport
increased production levels.
PIPE TNF SAFETY
The oil industry in the United States has been moving crude oil and crude
oil products through pipelines since 1865. Today there are more than
230,000 miles of pipelines moving over 581 billion ton -miles of crude oil
products each year. The record of safety on these lines is excellent. The
National Transportation Safety Board rates pipelines as the safest method
for long distance transportation of liquid products.
1.0-10
National Transportation Safety Board figures show, in fact, that pipelines
have an overall safety record that is 30 times better than marine
transportation, 250 times better than rail and 1,000 times better than
trucks.
There is an obvious efficiency factor that contributes to safety and that is
the volume of material which can pass through a pipeline. For example,
it would require 750 trucks, each day, traveling on our highways to move
the same amount of liquid product that could be transported through a
150,000 barrels -per -day pipeline.
The Cajon Pipeline will be designed and operated in full compliance with
the requirements of the U.S. Department of Transportation and the
California Pipeline Safety Act, which have established strict safety
standards for new pipelines.
The pipeline will employ the latest and best technology, including
computerized control systems to monitor the line on a 24-hour basis;
cathodic protection devices and protective coatings to eliminate corrosion;
and remote valves at intervals so any part of the system can be
immediately isolated should a problem be detected.
In areas where earthquake safety is a priority, critical route selection is
used to avoid seismic hazards (earthslides, etc.) wherever possible.
1.0-11
Engineering solutions, such as heavy -wall pipe and special support and
burial techniques, are used to enable the pipeline to withstand seismic
effects where avoidance is impossible.
E v nW*'_NTALISSUI
i
The construction of a soundly engineered pipeline for transporting crude
from oil field to refinery will mean environmental benefits for residents
of the Los Angeles Basin.
The Cajon Pipeline will reduce the need for marine tankers to off-load at
Southern California ports as well as reduce existing truck and rail traffic
from the San Joaquin Valley. Crude oil reaching the Los Angeles Basin
through the Cajon Pipeline will displace some of the oil that is currently
reaching Southern California refineries via tankers. The crude from the
Angeles Basin by area
pipeline will, for the most part, be used in the Los
residents. Air emissions will be reduced proportional to the extent that
marine tankers, trucks and trains are displaced by the pipeline.
The Cajon ' Pipeline will also serve the public interest and will implement
P
long-standing energy policy
eline has been a goal of federal and state
o A common carrier pip
authorities. It has long been recognized isdependencythat lnon imported
Coast crude oil will reduce Am
petroleum and thereby mitigate the effects of future supply
disruptions such as the Arab Embargo and the Iraqi Crisis.
1.0-12
o The Cajon Pipeline also enhances national security by connecting
major production fields witum �onducts.eIt will place, thus na large
suring
continuous supplies of petrole p
part of vulnerable marine transportation.
Cajon Pipeline will enhance competition by providing West
0 The Caj stem.
Coast producers with an alternative transportation system-
0
o Tlie pipeline will provide jobs and will stimulate the economies of
communities along its route -
1.0 -13
2.0 RAt^KGROUND NEEDAND PURPOSE
Discoveries in the Santa Barbara Channel, off the coast of California
along the Outer Continental Shelf (OCS), and on shore through Enhanced
Oil Recovery (EOR) in the San Joaquin Valley, have yielded significant
new reserves of heavy, high sulphur crude oil. As a result of these
discoveries and the desire of producers to transport this heavy crude to the
Los Angeles Basin refineries, a heated pipeline system capable of handling
this crude in its "neat" state is urgently needed. Current heavy crude
transportation to the Los Angeles Basin is by marine tanker, unit train or
by proprietary pipelines. Even if the OCS and SJV heavy crude oils did
not require heating, there is not sufficient existing pipeline capacity to
handle all of the required volumes. However, the oil does require the
addition of heat to allow it to be efficiently pumped through pipelines, and
no heated common carver pipeline exists today. There have been
proposals by other companies to add heater stations to their existing
pipelines. This system would prove to be inferior to the Cajon project
which will be completely insulated, but will not require any heating
stations since it will receive the crude oil already heated from the All
American Pipeline. From an engineering standpoint an existing pipeline
can be converted to a heated system, but it will always be less efficient,
create more air pollution and have more throughput limitations than a
new pipeline that is designed to current technological standards and
constructed as a heated crude oil pipeline.
2.0-1
Since this pipeline will be a common carrier, it will be open to all shippers
who could make use of such a facility, including those who may now be
using other means of transportation.
The conclusion is that the most efficient, environmentally safe means of
solving the transportation problem for this heavy crude is to construct a
common carrier, heavy crude oil pipeline connecting the heated and
insulated All American Pipeline to the Los Angeles Basin Refineries.
2.1 a'on Pipeline's Provosed Solution
In order to alleviate the transportation problems, the Cajon project
proposes to construct an insulated crude oil pipeline system, 126 miles in
length, to transport heavy crude oil from the San Joaquin Valley and the
Santa Barbara County area to the Los Angeles Basin. The pipeline will
originate at All American Pipeline's (AAPL) 12 -Gauge Heater Station
located 27 miles west of Barstow, California, and terminate at the GATX
crude oil terminal in Carson, California. The pipeline is designed to
transport 150,000 BPD heavy crude oil to the GATX terminal where it can
be shipped to 13 refineries in the Los Angeles Basin through existing
pipeline systems -
2.0 -2
2.2 radon Pipeline's Ap—1icatjons
On October 23, 1990, under Application No. CA27497, Cajon applied to
the Bureau of Land Management (BLM) for a right-of-way grant across
Federal Lands. The California Riverside Office was designated as lead
office for the BLM, which will act as lead agency for all federal interests.
The BLM's California State Director is responsible for the preparation of
the Environmental Impact Statement (EIS), in accordance with the
provisions of the National Environmental Policy Act (NEPA), and the
issuance of right of way grants across federal lands in California in
accordance with the provisions of Section 28 of the Mineral Leasing Act
of 1920. A copy of the Application to the BLM is attached hereto as
Exhibit A.
Application to the California State Lands Commission was made on
January 24, 1991. This agency will act as "lead agency" under the
California Environmental Quality Act (CEQA) for the environmental
review process. It will issue a grant for right of way across State lands
crossed by the proposed pipeline. A copy of the Application to the State
Lands Commission is attached hereto as Exhibit B.
2.3 Advantages of Cajon Pipeline's Project
The Cajon Pipeline provides an economic and environmentally viable
2.0-3
means of shipping crude oil from the San Joaquin Valley and the offshore
California coast to refining centers in the Los Angeles Basin. The pipeline
system is consistent with the energy policy of the United States, provides
(1) improved national security through the strategic distribution of crude
oil, and (2) connects a major refining center and a major crude oil
producing area of California by pipeline rather than by marine
transportation. Among the advantages of the Cajon project are the
following:
0 Pipelines historically have been the safest and most cost effective
means of moving large volumes of fluids. The Cajon Pipeline will
eliminate the necessity of loading tankers with crude oil in an area
subject to a large degree of environmental interest and will avoid
the considerable investment associated with the construction of
marine terminals and tankers. The pipeline will offer a cost
effective means of transporting California crude oil (offshore and
onshore) to market.
0 The Cajon Pipeline project will provide jobs for those involved in
the construction and operation of the system; and will stimulate and
add to the economies of the communities along its route.
0 The project will provide tax benefits to cities through franchise and
other fees.
2.0-4
2.4 Timeliness of the Proiect
The need to move large volumes of heavy crude oil into the Los Angeles
Basin has existed as far back as the late 1970's when various studies were
performed by industry and governmental groups. These studies recognized
that as the heavy OCS crude oil was produced, it needed to reach the Los
Angeles Basin and that, other than tankers, there was no alternative
means of transportation. Theses studies concentrated on the use of
pipelines and most followed a route along the coast.
In 1983, two projects began. The first one was the All American Pipeline
(AAPL) which planned to take the crude oil to the Gulf Coast refineries.
This project is now operational to McCamey, Texas. The second project
was proposed by an industry group called the Southern California Oil
Pipeline System or SCOPS. This project was planned to move crude oil
to the Los Angeles Basin. It would have transported oil through the
AAPL line as far as AAPL's Emidio or Pentland Station in Kern County
and then construct a new line into the Los Angeles Basin. The project got
as far as completing an EIR/EIS, but was stopped due to opposition from
citizen and environmental groups.
The demand to move crude oil to the Los Angeles Basin is greater today
than it has ever been. As the volume of ANS crude oil declines, the need
2.0-5
to have the OCS crude remain in the Los Angeles Basin is extremely
critical. With no acceptable or other viable means to move the heavy
OCS an SJV crude oils to the Los Angeles Basin, some production
remains shut-in, there is a heavy reliance on imported crude oil, and
transportation of heavy crude into the Basin is achieved by the use of
marine tankers or costly unit trains.
The Cajon project avoids all of the problem areas of the earlier projects
and is needed now more than at any time in the past.
The Cajon Pipeline Project was conceived to provide an economic and
environmentally safe means of transporting OCS and SJV heavy crude oil
production to the refineries in the Los Angeles Basin. The pipeline will
be a common carrier intra -state pipeline whose rates are regulated by the
California Public Utilities Commission (PUC).
The route selected for the Cajon Pipeline follows existing transportation
corridors. Any deviation will be to avoid highly dense, populated areas
or other sensitive areas. The line will be routed to create a minimum of
disruption. It will mitigate many of the environmental impacts associated
with shipping oil into the Los Angeles area by substantially eliminating
tanker movements and rail shipments.
2.0-6
3.0 PROJECT DES NXIMON
The Cajon Pipeline Company (Cajon) proposes to construct a new 20 -
inch diameter, insulated pipeline which will have a design capacity to
transport 150,000 barrels a day (BPD) of heavy crude oil, from a location
27 miles west of Barstow, California at 12 -Gauge Lake to the GATX
Crude Oil Terminal in Carson, California, a distance of approximately 126
miles. The crude oil to be transported will be production from
California's Outer Continental Shelf (OCS) and/or the San Joaquin Valley
(SJV) area. Heated crude oil from the OCS and the San Joaquin Valley
area will enter the Cajon system from the All American Pipeline at
AAPL's 12 -Gauge Heater Station, located 27 miles west of Barstow. The
crude oil will reach refineries in the Los Angeles Basin through existing
pipeline connections at the GATX terminal. GATX has connecting crude
oil pipelines to thirteen refineries in the Los Angeles Basin.
The proposed pipeline and terminal will require permits from several
agencies, including the Bureau of Land Management, the U.S. Army Corps
of Engineers, the U.S. Forest Service, California State Lands Commission
and the California Fish and Game Commission.
Applications to the BLM and the State Lands Commission have been
submitted as discussed in Section 2.2.
3.0-1
The pipeline's constructed cost will be approximately $108 million.
3.1 Route Description
The pipeline route, beginning 27 miles west of Barstow adjacent to the
AAPL 12 -Gauge Lake heater station, extends south of Mojave, California,
paralleling US 395, crossing the west side of George Air Force Base, west
of Victorville until it intersects Interstate 15. Continuing south, the route
generally follows Interstate 15 through the Cajon Pass and into Ontario.
At Ontario the route proceeds west, and again southwest, conforming to
the Pac-Tex/Sohio alignment to Carson, California. Major portions of the
route will follow flood control channels and/or transportation and utility
corridors; or, will be within BLM and USDA Forest Service lands.
3.2 Permitting and Right of Way Consideration
Of the permits and right of way required for the project, Federal Agencies
have jurisdiction over a total of 25 miles as outlined below:
o Approximately 15 miles of the proposed pipeline route lie within
land which is under the jurisdiction of the Department of Interior,
Bureau of Land Management (BLM).
o The U.S. Forest Service maintains jurisdiction over another
3.0-2
approximate 7 miles of right of way within the San Bernardino
National Forest (Cajon Pass area).
o Another 2 miles of right of way cross George Air Force Base.
o The Corps of Engineers have permit jurisdiction for construction
of the pipeline within the Whittier Narrows Dam.
The State of California and local agency permits and right of way
requirements include the following:
o California State Lands Commission right of way grant (easement)
to cross approximately 1/2 mile of State lands.
o California Department of Fish and Game permits for stream
crossings.
o California Department of Transportation (CalTrans) permits for
State highway crossings.
o Pipeline franchises and crossing permits from various cities within
Los Angeles and San Bernardino Counties.
o Approximately 18 railroad crossings.
3.0-3
o A right of way grant to allow encroachment within Los Angeles
County Flood Control District right of way.
o San Bernardino County Department of Transportation crossing and
encroachment permits.
A complete detailed list of permits that will be required for the project
can be found in Section 3.7 of Volume Two.
An Ownership Inventory in that Section of Volume Two indicates that
there are approximately 1211 parcels of land involved in the project. Of
this number, approximately 311 are owned by a Governmental entity or
Public Utility with the remaining 900 being privately owned.
3.0-4
4.0 PIPELINE DESIGN CgITEgIA
The pipeline will be designed to have a maximum operating pressure of
1400 psi and will transport 150,000 BPD of heated crude oil. The pipeline
will require the construction of an electric pumping station at the Cajon
Terminal at 12 -Gauge Lake and a booster station near Adelanto (M.P.
20). The characteristics and analysis of the hydraulics to transport heavy
crude are discussed in detail in Section 3.3 of Volume Two.
All construction, pump stations and the pipeline, will be in accordance
with all API standards, State Fire Marshal requirements and in compliance
with the California Pipeline Safety Act regulations.
Pipe specifications will follow ANSI Codes which sets the standard for the
industry. Heavier wall pipe will be used for river crossings or other
sensitive areas.
Pipeline gate and check valves will be strategically located along the route.
Some of these will be remotely operated. Check valves will be installed
on the downstream side of any major river and stream crossings and gate
valves will be installed on both sides of major rivers and streams or Flood
Control Channel crossings. Block valves will be slab -type gate valves; and
wing -type check valves will be utilized.
4.0-1
J
Outlet temperature from the originating station will average 160°F. In the
interest of overall energy efficiency, the pipeline will be insulated to
minimize heat loss. Insulation of the pipeline will utilize 2 inches of
polyurethane with a double wrap of plastic tape. The entire pipeline will
be protected from corrosion with a cathodic protection system.
4.1 Operations( Safety Considerations
To ensure safety and immediate response in the event of a pipeline break
or rupture, the pipeline design will include a supervisory control and
surveillance system that will provide 24-hour remote control and
monitoring of all operations from a main dispatching center. The system
will be comprised of a master station having hot -standby equipment and
will be all solid-state, digital, continuously scanning type that automatically
scans, or interrogates, one or more remote terminal unit (RTU) groups
in sequence. This automatic scan sequence will be momentarily
interrupted only to transmit control commands that are initiated by a
dispatcher.
A dispatcher's console, manned 24 -hours a day, will contain redundant,
full-color cathode -ray -tube (CRT) display units for observation of pipeline
operating data transmitted from the station RTU's. This data will include
equipment alarm and status information along with transmitted values for
pressures, temperatures, flow rates, accumulated meter readings, tank
4.0-2
levels, leak detection, and other operating information to ensure safe and
efficient operation. The console will also include redundant control
keyboards for entering instructions, or data, into the system and for the
execution of control commands.
An event logger will be provided to chronologically record each
operational event, and an information logger will be provided to record
all operations reports as may be required. The master station will include
an integrally programmed leak -detection system which is designed to
adjust for variations in operating pressures, temperatures, and short-term
changes in flow rate in and out of the pipeline.
The overall design will also include communications circuits to each
location for both voice and data transmission. Voice service will be
required for the normal course of operations and maintenance activities.
Voice grade data transmission to and from each station location is
required by the supervisory control and surveillance system. It is
anticipated that the bulk of these communications services will be secured
on a lease basis from common -carrier telephone companies.
4.2 Geotechnical Considerations
Preliminary evaluation of geologic, soils, and seismic conditions along the
proposed pipeline route will provide input to two early, but major work
4.0-3
tasks. Preparation of the environmental assessment or EIS/EIR will
require geotechnical background and baseline data in areas where
construction of the pipeline may impact the environment. There are
geotechnical conditions that will have an affect on the design, construction
or operation of the pipeline. As a general background, summaries of the
potential effects of the geoenvironmental on the project and the project
on the geoenvironment, respectively, have been included in Volume Two.
Understanding the geotechnical conditions is critical to developing
effective mitigation measures.
The geotechnical information gathered for the environmental analysis will
provide data needed for design considerations. Basic geotechnical data
is required for design of fault and river crossings, including seismicity,
slope and soil stability, and scour studies.
Construction considerations related to the geotechnical conditions along
the pipeline route will include an analysis of excavatability, blasting effects,
ditch stability and groundwater level effects on excavation. An outline of
the specific geotechnical conditions and areas of concern to be investigated
is given in combined narrative and matrix format with respect to route
specific information and the general type of study required in the complete
Supplemental Information Document. Suggested mitigation procedures
are also included therein.
4.0-4
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FA
AGENDA NO. )
CITY OF DIAMOND BAR
AGENDA REPORT
----------------------------------------------------
DATE: February 28, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Plann
SUBJECT: Proposed Amendments to Title 26 of the os Angeles County Code pertain-
ing to Roof Covering Requirements, Ordinance No. 8A (1990).
On January 15, 1991, the City Council reviewed amendments to Sections 3203 and
3204 of the 1988 Uniform Building Code pertaining to roof covering requirements
(see attached agenda report dated January 10, 1991). The Council approved the
first reading of the Ordinance No 8A (1990) on January 15th.
Due to concerns expressed by the Los Angeles County Fire Department, changes
have been made to the Ordinance. A revised version of the Ordinance is attached
for your review. The revisions are illustrated in italics and over -strike.
The Fire Department requested the use of certain terminology. Additional minor
corrections are included.
Narrative continued on next page.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number
Deficit: $ N/A
Revenue Source:
REVIEWED BY:
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
Aerrence L. Belange
Assistant City Mana er
AGENDA ITEM
February 28, 1991
Page Two
It is recommended
Sections 3203 and
ing requirements
such action.
JDS:pjs
that the City Council adopt Ordinance No. 8A (1990), amending
3204 of the Los Angeles County Code pertaining to roof cover -
and Resolution No. 91- expressing findings in support of
Attachment: Staff Report Dated 1/10/91
----- AGENDA NO._2
CITY OF DIAMOND BAR
AGENDA REPORT
---------------------- --------- ------------------------------
DATE: January 10, 1991 MEETING DATE: January 15 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Planning
SUBJECT: Proposed Amendments to Title 26 of the Los Angeles County Code pertain-
ing to Roof Covering Requirements
BACKGROUND:
The City has previously adopted the Los Angeles County Code Amendments to Title
26 pertaining to the 1988 edition of the Uniform Building Code (UBC). It is now
recommended that the provisions of the UBC pertaining to roof coverings and
roofing materials be amended.
The proposed amendments to Sections 3203 and 3204 will require the installation
of new roofs on all buildings to have at least a Class C listed or non-combusti-
ble roof covering.
An existing roof covering not in conformance with Section 3204 may be repaired
with non -conforming roof materials. The repair must not exceed twenty-five per-
cent (25%) of the existing roof area.
Section 17958.5 of the California Health & Safety Code permits a City the abili-
ty to modify the building code when it is determined necessary because of local
climatic, geological or topographical conditions. Diamond Bar is located in an
area that periodically is subject to high wind conditions, high temperatures,
and foothill fires.
The use of untreated wood shingles and shakes as roof coverings would contribute
to or create a fire hazard as a result of the conditions described.
The adoption of the proposed amendments to the UBC will serve to protect proper-
ty and citizens of the City.
Narrative continued on next page.
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number
Deficit: $
Revenue Source:
Robert L. Van Nort
City Manager
Andrew V. Arczynski Terrence L. Belan
City Attorney Assistant City Ma
Council Agenda
January 15, 1991
Page Two
RECOMMENDATION:
It is recommended
Sections 3203 and
ing requirements
such action.
\pjs
that the City Council adopt Ordinance No. 8A (1990), amending
3204 of the Los Angeles County Code pertaining to roof cover -
and Resolution No. 91- expressing findings in support of
ORDINANCE NO. SA (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING SECTIONS 3203 AND 3204
OF TITLE 26 (BUILDING CODE) OF THE LOS ANGELES
COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING
TO ROOF COVERING REQUIREMENTS.
A. Recitals.
(i) The City Council of the City of Diamond Bar
heretofore adopted, by Ordinance No. 8 (1990), the Los Angeles
County Code Amendments to Title 26 pertaining to the Uniform
Building Code, including all amendments, deletions and additions
thereto.
(ii) It is the desire of the City Council to
strengthen the requirements regarding roof coverings within the
City with respect to replacement thereof.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
Section 1. In all respects, as set forth in the
Recitals, Part A, of this Ordinance.
section 2. Section 3203 of the Uniform Building Code
as heretofore adopted, hereby is amended to read, in words and
S
figures, as follows:
1
"Roof Covering Requirements.
"Section 3203. The roof covering on any structure regulated by
this code shall be specified in Table No. 32-A and as classified
in Section 3204.
"The roof -covering assembly includes the roofdeck,
underlayment, interlayment, insulation and covering which is
assigned a roof -covering classification.
"Roof Coverings Within Fire {Hazard -Severity -}Zones.
"Unless governed by more stringent requirements of this
code or local government regulations, roofs on all buildings
within fire fhazard-severity-tzones established by the California
Department of Forestry and Fire Protection shall have at least a
Class C listed or non-combustible roof covering. Local enforcing
authorities may apply more stringent requirements in State
responsibility areas within their jurisdiction.
"1. Section 3203 is applicable to new buildings and to
existing buildings when twenty-five percent (250) or more of the
roof area is reroofed within a one-year period after issuance of
a building permit. When there is no building permit issued
Section 3203 is applicable to buildings constructed after the
effective date of this section and to buildings where twenty-five
percent (25%) or more of the roof area is reroofed within a
one-year period after commencing construction.
112. Section 3203 is not applicable to existing
buildings under the operation of a license or which owners have
made applicable for licensure issued by the California Department
2
of Social Services or the California Department of Health
Service.
"EXCEPTION: Existing buildings that have twenty-five
percent (25%) or more of the roof area reroofed within a one-year
period after the issuance of the building permit or after
commencing construction, are required to be fire retardent by
other provisions of this code.
113. The installer of the roof covering shall provide
certification of the roof covering classification to the building
owner and, when requested, to the inspection authority having
jurisdiction."
Section 3. Section 3204 of the Uniform Building Code,
as heretofore adopted by this Council, hereby is amended by [the
deletion of subparagraph (e) thereof and] the addition of a new
subparagraph f{f}}[(e)] to read, in words and figures, as
follows:
EXCEPTION: Except as required within
Section 3203 of the Uniform Building Code, as adopted by the City
Council of the City of Diamond Bar, and notwithstanding any other
provision of this code, any existing roof covering not in
conformity with this Section may be repaired by the use of
similar non -conforming roof covering materials where the repair
thereof does not exceed twenty-five percent (25%) of the existing
gross roof area; provided, however, that the twenty-five percent
(25%) exception provided hereunder may be utilized only once in
any twelve month period of time."
3
section 4. [Table No. 32-A - Minimum Roof Classes of
the Uniform Building Code, as heretofore adopted by this Council,
hereby is amended by deleting therefrom any and all references to
"NR - Nonrated roof coverings" and substituting therefor "C -
Class C roofing."
Section 5.] Penalty for violation of ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision, or to fail to comply
with any of the requirements, of this Ordinance. Any person,
firm, partnership, or corporation violating any provision of this
Ordinance, or failing to comply with any of its requirements,
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00), or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof
during which any violation of this Ordinance is committed,
continued, or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefore as provided
in this Ordinance.
Section f5-,+ L6.] Civil Remedies Available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the
City through civil process by means of a restraining order,
4
preliminary or permanent injunction or in any other manner
provided by law for the abatement of nuisance.
Section {6r} [7.] Severability.
The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rendered or declared invalid by any final court action in a court
of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Section t7vj ,8.] The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by
Resolution No. 89-6.
ADOPTED AND APPROVED this day of
fJanUarp;+[ ,] 1991.
Mayor
5
I, LINDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
, 1991, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
1991 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
0
ATTEST:
City Clerk, City of Diamond Bar
U49M Ub_ fr
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: February 28, 1991 MEETING DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager ' %
FROM: Charles Janiel, Director of Parks and Maintenance(/—/W
aintenanc /
SUBJECT: Water Conservation Efforts
The State of California is well into its fifth year of a serious drought. The
snowpack in the Sierras is one-third of normal and is compounded by four previous
years of below average precipitation, leaving reservoirs at record low levels.
The jewel of the Sierras, Lake Tahoe is at its lowest level in recorded history.
As such, State and Federal water purveyors have mandated severe cuts in water
delivered to local water agencies. In response the Walnut Valley Water District,
the supplier for Diamond Bar has mandated cutbacks in use by its customers,
including the City of Diamond Bar. Effective February 1, 1991, the Water District
mandated a 10% cutback in water use by all customers. Effective March 1, 1991,
that cutback has been increased to 20%.
The Parks Department has been practicing water conservation measures, as mandated
by the City Council, for the past year, and has significantly reduced water
consumption. Reducing runoff, reducing irrigation frequency and operating time,
elimination of hardscape washing and increased attention to irrigation repairs
have been the main thrust of the departments conservation efforts.
The implementation of these conservation efforts has resulted in a 13.7% overall
reduction in water use throughout the City. This includes City parks, medians and
assessment districts. This reduction is in comparison to last years usage, the
benchmark of the District mandate.
(Narrative continued on next page if necessary)
FISCAL IMPACT: CITY PARKS
LLMD #38
LLMD #39
LLMD #41
Amount Requested $
Budgeted Amount $58,000.00
$70,000.00
$45,800.00
$47,700.00
In Account Number: 001-4310-2126
138-4538-2126
139-4538-2126
141-4538-2126
Deficit: $ 7,946.00
$ 9,590.00
$ 6,281.00
$ 6,534.90
Reduction
Reduction
Reduction
Reduction
Revenue Source:
�WEDEBY:
4Rbert__________________
L. Van tNortTerrenceAndrew
V. Arczynski
Belanger
City Manager City Attorney
Assistant
City Manarr
Water Conservation Ef$orbc
February 28, 1991
Page Two
The Department is confident that it can further reduce consumption to meet the new
20% reduction mandate. Continued monitoring of systems and further cuts in the
water applied should make this possible. The Department will strive to conserve,
and yet preserve the City's investment in landscape.
The Parks Department will continue to provide responsible and response irrigation
practices in this time of unprecedented drought.
Based on current budgeted amount, and current water rates, a 13.7% reduction in
use could amount to a savings of approximately $30,352.35 per year for water
billings.
INTEROFFICE MEMORANDUM
TO: Ma or and City Council
FROM: �bert L. Van Nort, City Manager
SUBJECT: A WATER CONSERVATION
DATE: March 4, 1991
The Walnut Valley Water District has suggested the City consider
adopting an "enforcement" water conservation ordinance. In
reviewing the City Attorney's memorandum, dated February 15,
1991, it would appear the District has sufficient authority to
govern the conservation and water rationing requirements imposed
by the Metropolitan Water District (50% cutbacks proposed on
March 4).
It is therefore suggested, due to this City's limited resources,
that: (a) a resolution of support be adopted, and (b) reevaluate,
if requested by the Water District, should the need arise during
the present water crisis.
nbw
cc: City Clerk - Agenda March 19
Z'IHVUIYAY NOI LYLMHKnZ)OQ ON
oz ' ON NZZI KQN3JK
--------------------- AGENDA NO ;Zi_
--------------------� -------------------
CITY OF DIAMOND BAR
AGENDA REPORT
------------- ----------------------------------------------------------
-------------------------------
DATE: March 1, 1991 MEETING DATE: DATE: March 5, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Plann'
SUBJECT: TTM 47722/CUP 89-338/EIR 91-1 A reques to allow a subdivision of an
existing nineteen (19) acre parcel into thirteen (13) residential lots,
a Conditional Use Permit (CUP) for hillside management review and re-
view of an Environmental Impact Report.
Owner/Applicant: Piermarini Enterprises, Inc.
2100 South Reservoir
Pomona, CA 91766
(714) 590-4809
INTRODUCTION:
This application is for the approval of a tentative tract map to develop thir-
teen (13) custom single family homes on a 19.08 acre site located within "The
Country" on Derringer Lane. An Environmental Impact Report (EIR) has been pre-
pared which describes the impacts the proposed development may cause to the en-
vironment and mitigation measures to those impacts. The project applicant is
Mr. Frank Piermarini.
This application for approval of TTM 47722 and EIR 91-1 is before the City Coun-
cil as required by Ordinance No. 25, (1990). Pursuant to the Ordinance the
Planning Commission serves as an advisory agency to the Council on most land
subdivisions. The subdivision is accompanied by the EIR which must also be re-
viewed by the Council.
Narrative continued on next page.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number
Deficit: $ N/A
Revenue Source:
REVIEWED BY:
c
IL
LM el I V VJ
Robert L.Van Nort Andrew V. Arczynski Terrence L. Belange
City Manager City Attorney Assistant City Mana r
AGENDA ITEM
March 1, 1991
Page Two
The Planning Commission, additionally, reviewed a conditional use permit
(CUP/OT 89-38) for Hillside Management Review and the proposed removal of ten
(10) Oak Trees.
This proposed project is the first hillside subdivision to be submitted and re-
viewed as a result of the new Hillside Development Ordinance. The hillside or-
dinance outlines strict criteria for development including landform grading,
landscaping/re-vegetation techniques, house siting and other design standards.
HISTORY:
A proposal for the development of this site was submitted to the County of Los
Angeles in August of 1989. The County was, at that time, providing development
processing services under contract with the City. The preparation of an EIR was
determined necessary in late 1989. The project under review and analysis was
proposed as a sixteen (16) unit subdivision on the 19.08 acre site requiring
mass grading and the removal of ten (10) mature oak trees.
The City Planning Commission reviewed the original, sixteen (16) unit, project
in September and October of 1990. The Commission denied the project, without
prejudice, on October 22, 1990.
The City Council adopted new Interim Hillside Development Standards on Oct. 16,
1990, and modified the regulations on November 13, 1990.
The applicant revised the original submittal to mitigate the site planning,
grading and environmental concerns expressed by the staff and Commission. An
alternative thirteen (13) unit design was presented which responded to the is-
sues and reflects the standards and guidelines of the hillside ordinance. The
new project is the focus of this report.
STAFF REPORT:
A copy of the detailed staff analysis as presented to the Planning Commission on
January 28, 1991, and Minutes of the public hearing are attached.
The Planning Commission reviewed and unanimously recommended approval
project on January 28, 1991. of the
RECOMMENDATION:
Staff recommends that the public hearing on the subject project be opened. Upon
conclusion of the staff presentation and receipt of public testimony, we recom-
mend that the public hearing be continued to March 19, 1991.
JDS:pjs
Attachments
LAzy of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 3
REPORT DATE: January 24, 1991
MEETING DATE: January 28, 1991
CASE/FILE NUMBER: TT 47722/CUP 89-338/EIR 91-1
APPLICATION REQUEST: A request to allow a subdivision of
an existing 19 acre parcel into 13
residential lots, a Conditional Use
Permit (CUP) for hillside management
review and review of an Environmental
Impact Report.
PROPERTY LOCATION: Northwest Corner of Derringer Lane
and Ridgeline Road
PROPERTY OWNER: Piermarini Enterprises, Inc.
2100 South Reservoir
Pomona, CA 91766
(714) 590-4809
APPLICANT: Hunsaker & Associates
10179 Huennekens Street
San Diego, CA 92121
(619) 558-4500
BACKGROUND:
This application is for the approval of a tentative tract map to devel-
op thirteen (13) single family custom homes on a nineteen acre site.
(Exhibit "A") The Conditional Use Permit (CUP) is required for hill-
side management review. This proposed project has been substantially
revised from a previous submittal reviewed by the Planning Commission
in October, 1990. The previous submittal was for a tentative map to
develop sixteen homes on nineteen acres, a CUP for hillside management
and an Oak Tree removal permit for the destruction of ten Oak Trees.
The original submitted project was denied by the Planning Commission on
October 24, 1990.
The proposed project has been developed in conformance with statements
made by the Planning Commission and staff pertaining to the concerns
relative to the former project, as well as, responding to the environ-
mental protection of sensitive areas and hillside development, in gen-
eral, as outlined in the City's recently adopted interim hillside de-
velopment control ordinance. The proposed project has been adjusted to
meet several concerns of the City as follows:
January 28, 1991 Agenda
Page Two
1. The original density of the project has been reduced by sixteen
percent.
2. The overall grading of the project has been reduced and now con-
forms to "land form" grading concepts, as outlined within the new
Hillside Ordinance.
3. The requirement for several crib walls has been eliminated.
4. The new project configuration now saves and maintains all existing
Oak Trees on the project site.
5. The Environmental Impact Report (EIR) has been amended in order to
respond to a variety of concerns outlined by staff at the October,
1990 public hearing, as well as provide for a thirteen unit alter-
native design which has become the preferred alternative to the
original project proposal.
APPLICATION ANALYSIS:
The project is located on a vacant nineteen acre irregularly shaped
parcel. The project is bounded by the rear property lines of existing
single family homes, fronting onto Hollow Drive, Coyote Springs Drive,
Bronze Knoll Road, Ridgeline Road with access from Derringer Lane.
The site consists of hilly terrain. A detailed slope analysis map has
been provided which indicates that the slopes range from zeroercent
to over thirty-five percent. (Exhibit "C-1"��, AND C-2 p
Southern California Gas Company high �n A thirty inch
g
southerly portion of the site. pressure pipeline traverses the
The property is zoned R-1-10,000. The Community Plan designation is
Non -Urban Residential (one unit or less per acre
es thirteen units on nineteen acres, which translateshto 1.46cacrespper
lot. The lots range in size from .5 gross acres to 3.4 gross acres.
The lots proposed will be developed with pads that range from .28 acres
to .48 acres in size. These building pads will be developed with sin-
gle family residential structures which will range in size from approx-
imately five thousand to ten thousand square feet. Exhibit "D" illus-
trates the proposed building envelopes on each pad for purposes of
house siting. Parcels 2, 3, and 4 have been developed with a "stepped"
pad in order to reduce the bulk of the home and break up the building
mass.
To complete the project, under its current design, approximately
170,000 cubic yards of earth will be disturbed as a result of on-site
grading. The quantity of grading necessary has been reduced with the
lower density project now before the Planning Commission. The project
now incorporates land form grading, which provides for a variety of
January 28, 1991 Agenda
Page Three
slope percentages and slope direction, in an undulating pattern which
is similar to existing adjacent terrain. Grading plans indicate a bal-
anced cut and fill of the site. No import or export of material will
be required, other than the exportation of some of the natural grasses
on the site. Hard edges, which would have been left by the previous
cut and fill proposal, will now be given a rounded appearance that more
closely resembles the adjacent natural contours. The reduction of grad-
ing not only respects the natural terrain, but minimizes grading to the
extent that all Oak Trees on the site will now be preserved. Slopes
throughout the project site will have variable ratios from 1.5:1 to
approximately 3.5:1. The grading concept, as proposed, closely re-
flects the philosophy and policies within the Interim Hillside Develop-
ment Standards, which were adopted by the City Council in November,
1990.
In addition to Oak Tree preservation, the conceptual landscape plan now
indicates that approximately four hundred additional trees will be
planted on the site. The trees to be planted will vary in size through-
out the project, utilizing a format that would provide for a mixture of
species type and size. (Exhibit "F") The conceptual landscape plan
illustrates the approximate location and massing of the landscaping
materials.
The project is served by a single cul-de-sac street which extends ap-
proximately fourteen hundred feet from the intersection of Derringer
Lane The slope of the street ranges from one percent to fifteen per-
cent (1%-15%). At the terminus of the cul-de-sac, a driveway of ap-
proximately three hundred feet has been created to service Lot Eight.
In addition, a secondary fire access is now provided from the driveway
adjacent to Lot Eight, extending through to Bronze Knoll Road.
ENVIRONMENTAL ASSESSMENT:
A Draft Environmental Impact Report (DEIR) has been prepared for the
proposed project. The applicant selected and retained the firm of D.
G. King Associates, as its environmental consultant, and the DEIR was
prepared by D. G. King Associates. The DEIR assesses the potential
physical environmental impacts associated with the sixteen unit resi-
dential hillside development project as original proposed, as well as
several alternative projects to the original proposal. The thirteen
unit project discussed previously is one of the alternatives described
within the EIR. The thirteen unit alternative reduces the affects on
the environment, specifically, by reducing the amount of grading re-
quired for the project, as well as retain the existing Oak Trees on the
site. The revised project also reduces the number of dwelling units
by approximately sixteen percent. However, that in itself is not
deemed to be a significant affect, with respect to lessening the im-
pacts on the environment.
In accordance with § 15164 of the Administrative Code, staff considers
the changes contained within the revised EIR to constitute an Addendum
to the DEIR. Several minor corrections have been made within the EIR;
January 28, 1991 Agenda
Page Four
the most significant of which is the addition of the thirteen unit al-
ternative project which has become the preferred alternative for
poses of environmental review. pur-
To initiate the environmental review process, the City staff prepared
an initial study, which is a checklist that establishes the technical
focus of the DEIR, a Notice of Preparation (NOP) was prepared to inform
selected agencies of the project and to solicit their comments or con-
cerns. Those comments or concerns have been incorporated and responded
to within the DEIR. The Draft Environmental Impact Report has been
prepared and submitted to the City for review. A Notice of Completion
(NOC) and availability of the DEIR was given to all organizations and
individuals who had previously requested it.
The effect upon the environment must be taken into account when consid-
ering any specific development project such as the application present-
ly before the Commission. The California Environmental Quality Act
(CEQA) states that public agencies should not approve projects proposed
if there are feasible alternatives or feasible mitigation measures that
would lessen the significant measures upon the environment. In Octo-
ber, 1990, the City Planning Commission reviewed a sixteen unit propos-
al and concluded that the project was not appropriate for the site.
Since that time, staff has worked with the developer and his new engi-
neering consultant toward the creation of an alternative project that
mitigates the impacts to the environment and surrounding properties,
meets the hillside development standards contained within our recently
adopted ordinance, and provides for an overall improvement to the sub-
division design.
The DEIR was revised .to identify the environmental impacts related to
geology, topography, hydrology, biological resources, aesthetics, fire
protection and other issues. Grading has been reduced from approxi-
mately 204,000 cubic yards of earth material to the most recent esti-
mate of 170,000 cubic yards.
The majority of crib walls have been eliminated, with the exception of
a necessary crib wall, adjacent to the entry driveway to the project.
Additionally, a crib wall is proposed near the most northerly corner of
the project adjacent two homes on Coyote Springs. This second crib
wall may be eliminated, subject to successful negotiation between the
applicant and the adjacent property owners, toward development of a
drainage system that eliminates the need for the crib wall. An alter-
native proposed, not only eliminates the crib wall, but extends the
rear yard area of three homes facing Coyote Springs.
The Draft Environmental Impact Report presented to the Planning Commis-
sion in October, 1990, contained a significant number of supplemental
and/or revised pages, including a variety of changes submitted in the
month prior to public hearing. Attached to this newproposal is a re-
vised DEIR with all corrections provided in revised pages, prepared by
the environmental consultant. Alternate project designs have now been
January 28, 1991 Agenda
Page Five
explored in terms of further reducing the impacts associated with the
original project, and from that exploration has evolved a thirteen unit
project, which is preferred by the staff over the original sixteen unit
proposal.
PUBLIC HEARING NOTICE:
A notice of public hearing was
owners surrounding the site, or
tice of this public hearing was
Tribune and the Inland Valley
1991.
CONCLUSION:
mailed to approximately 130 property
i January 18, 1991. Additionally, a no -
published within the San Gabriel Valley
Daily Bulletin newspapers on January 7,
In the opinion of staff, the project has significantly improved from
the prior submittal. Staff feels that the proposed project now con-
forms with the philosophy of the Hillside Ordinance and is appropriate-
ly designed for the site. We believe the proposed project mitigates
the concerns of the previous submittal and is compatible with the sur-
rounding residential community and physical environment.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Reso-
lution which approves the Environmental Impact Report (EIR 91-1), CUP
89-338 for hillside management review and Tentative Tract Map 47722,
with the following finding of fact, and the listed conditions.
Findings of Fact (to support recommendations):
1. The Planning Commission finds the Environmental Impact Report has
been completed in compliance with CEQA and that the Commission has
reviewed and considered the information contained within the Envi-
ronmental Impact Report.
2. The Planning Commission finds that changes or alterations have
been incorporated into the project which mitigate or avoid the
significant environmental impacts as identified within the EIR.
3. The proposed project is compatible with the natural scenic and
open space resources of the area.
4. The proposed development demonstrates creative and imaginative
design resulting in a complementary visual quality, which will
benefit current and future community residents.
January 28, 1991 Agenda
Page Six
5. The proposed map and improvements of the proposed subdivision are
consistent with the Community Plan and policies as set forth with
the Hillside Ordinance.
6. The site is physically suited for the proposed thirteen unit sub-
division and development.
JDS:pjs
Attachments:
Exhibit A - Tract Map
Exhibit B - Sections
Exhibit C-1 - Slope Analysis
Exhibit C-2 - Slope Analysis
Exhibit D - Building Envelope
Exhibit E - Land Use Map
Exhibit F - Conceptual Landscape Plan
Exhibit G - Radius Map
Exhibit H - CAD Perspective Drawing
Exhibit I - CAD Perspective Drawing
Revised EIR, dated 1-18-91
Supplemental Environmental Impact Report Pages dated January 23, 1991
Resolution of Approval
January 28, 1991
Page 5
CU with Mr. Kaplan, more extensively.
Jame DeStefano specified the memo was armA
from he discussion, of the last meeting, n
regard to signs adjacent to the freeways. If he
philoso y of the memorandum is accepted, it ould
be turne into strict standards to be put in o the
final ordi ance. The CUP process discusse in the
memo does of apply itself to the issu s being
discussed i regards to the Church situa on.
Chair/Schey nted the Commission does of seem to
have any oppos tion to the various c nges made to
the text of the rdinance. The main ssue seems to
be if freeway si ns should be gra ed the ability
to be approved through a CUP an , if, in certain
types and catego ies of sign the Commission
should allow a CUP rocess to implemented. The
Commission needs to ecide wh particular type of
signs should be revi ed and r the CUP process.
C/MacBride stated he category of Civic
Organizations and Insti ional signs should be in
the parameters of the C
C/Grothe would li m num signs to be
considered. He als stated there ought to be more
flexibility in re rds to a square footage of
signs in relation o larger b ildings.
Motion was m de by C/Mac 'de, seconded by
VC/Harmony an CARRIED UNANIMOUS Y to direct staff
to implement the changes in th text that were
lined in p suant to the last he ing; arrange a
hearing th Mr. Kaplan could atten to discuss his
memorandu ; look into the potential 'mplementation
of the UPSprocess and what standa ds it might
requir for insertion into the four (4 categories
outli d: 1. freeway signs. 2. civic
orga zations and institutions. 3. monum nt signs.
4. igns on buildings over three (3) sto 'es; and
to continue the hearing to the next mee ing of
F ruary 11, 1991.
TT 47722/ Staff reported the application is for the approval
CUP 89-338/ of a tentative tract map to develop thirteen (13)
EIR 91-1 single family custom homes on a nineteen acre site.
The previous submittal was for a tentative map to
develop sixteen homes on the same nineteen acres.
The original submitted project was denied without
prejudice by the Planning Commission on October 24,
1990. Since that time, the developer has worked
very hard with the City staff towards the creation
of the project that is before the Commission. The
proposed project has been adjusted to meet several
January 28, 1991
Page 6
concerns of the City as follows:
1. It has a substantial adherence to "land form"
grading.
2. It saves all existing oak trees.
3. The original project density has been reduced
by sixteen percent.
4. The overall grading has been reduced from
about 204,000 cubic yards to about 170,000
cubic yards of dirt movement.
5. The bulk of the crib walls on the perimeters
of the project have been removed with the
exception of a crib wall necessary at the
drive entrance adjacent to Derringer Lane, and
another crib wall that may be required for the
drainage debris basin at the most northerly
portion of the site.
6. The relocation of the gas line has been
diminished as well as the subsequent earth
movements.
7. The proposed lots will range from 1/2 acre to
3.4 acres. The average lot size is one and
half acres. The pads of each of the lots will
range from .2 acres to .4 acres in size. The
homes proposed to be constructed are in the
range of about 5,000 to 10,000 square feet.
8. The developer has located the developable
building envelops of the specific pads. This
allows siting on the homes so they are not as
massive from afar, and allows review on an
independent basis for conformance with that
building envelop.
9. Hunsaker and Assoc. was the engineer hired by
the applicant and Horste Schor was suggested
to the applicant to consult with by the City
staff.
10. The project now incorporates a much softer
concepti of development with one long cul-de-
sac reduced 250 feet from the previous
proposal. A secondary emergency fire access
from lot 8 through to Bronze Knoll Road has
been added.
11. After all the grading, the terrain is put back
into a configuration that respects the natural
environment.
12. The landscape plan incorporates revegetation,
whereby the vegetation will be species from
within the general environment, as well as
species new to the environment but very
compatible. More trees will be incorporated
than originally existed.
13. The EIR concerns have been mitigated as far as
staff is concerned. The blue line stream is
indeed off the site.
James DeStefano stated, in regards to the project's
January 28, 1991 Page 7
appearance from afar, the developer submitted a
computer enhanced graphic image of the project,
including three (3) sets of slides, in graphic
illustration, showing the existing setting, and the
proposed project from afar. James DeStefano
presented the slides to the Commission.
James DeStefano stated, in staff's opinion, the
project has been significantly improved from the
prior submittal. Staff feels that the proposed
project now conforms with the philosophy of the
Hillside Ordinance and is appropriately designed
for the site. Staff has articulated sixty (60)
conditions on different issues important to make
sure the development approval clearly expressed
what the Hillside Ordinance says, and what is
wished for future hillside subdivisions. Staff
recommended the Planning Commission adopt the
attached Resolution which approves the
Environmental Impact report (EIR 91-1), CUP 89-338
for hillside management review and Tentative Tract
Map 47722, with the attached findings of fact, and
the listed conditions.
The Public Hearing was declared open.
Frank Piermarini, applicant, commended staff
personnel for their professional and considerate
manner. He verbally reviewed the list of previous
concerns, as stated in the staff report, that have
been mitigated. He stated the custom homes will be
color coordinated to blend into the natural
terrain. The landscape will be maintained until
each home is sold. The pads will be left
unlandscaped until the completion of each home.
The grading of offsites will take approximately
three (3) to four (4) months, assuming a minimum of
problems arise. The plan for the entire project
will be out in about two and one half years after
the grading is complete. He stated he felt
confident of conforming to Diamond Bar's criteria.
The project will be an enhancement to the City.
Lex Williman, a planner with Hunsaker and Assoc.,
presented a map of the proposed tract. He pointed
out there are no straight lines and stated that
undulation is the key to "land form" grading.
There are variable slopes of 3 to 1, 2 to 1, 1(1/2)
to 1. The 1(1/2) to 1 are the side slopes between
the various pads which will be hidden by the units
as constructed. All of the slopes around the edge
are a minimum of 2 to 1, and some up to 3(1/2) to
1. Adjacent to the existing units, there is a
basin that a butts the Piermarini property to these
units. Two options are being proposed: 1. Fill
January 28, 1991 page 8
the hole, connect to the drainage, eliminate any
crib wall, and come up from the slope undulating
around onto the project. 2. Leave the properties
alone create a crib wall no higher than the
existing pads and come up from there creating an
undulating slope. He stated there is a clustering
of trees around swales to conform to natural
terrain.
Chair/Schey inquired if the applicant was
comfortable that the drainage situation is such
that if the sump is filled, the drainage could
adequately be taken away without any danger of
inundation to the rear of those homes.
Lex Williman responded the preliminary
investigation indicated there is no problem. There
has not been a complete hydrology study. There is
a storm drain existing at the bottom of the hill
which would connect into that pipe, eliminate the
catch basin, and pick the drainage up elsewhere.
The Public Hearing was declared open for those in
favor of the project.
Jack Wolf, residing on Ridgeline, commended Frank
Piermarini and his projects. He stated the Country
is willing to have his projects as part of theirs.
The hillside would remain intact and the project
would actually enhance the area.
Chair/Schey requested speakers for those in
opposition to the project.
Pat Brazer, residing at 23497 Coyote Springs,
commended the Piermarini developments but stated
the development would obstruct the view from his
home. He stated the development would look like a
postage stamp on the hillside and would be at odds
with the surroundings; the crib walls are ugly; the
pads are too small for the size of the homes; the
cutting will affect the existing homes; and the
removal of the gas line can be very dangerous. He
suggested the original recommendation of two (2) or
three (3) homes would be ideal.
Dennis O'Donnell, residing at 23550 Coyote Springs,
stated his apprehension that the homes may come
down into his backyard. He is concerned about the
drainage situation and concerned about the impacts
on the natural hillside.
Claudia Huff, residing at 1641 Fire Hallow, stated
the project is fundamentally too intense. Since
there are very few hills left in Diamond Bar, this
January 28, 1991 Page 9
hillside should be well guarded. She inquired if
there will be regrading, and if so would the
existing residents be looking across space to the
crib walls. The property is zoned for two (2)
homes. The grading does not sound like a vast
improvement. She asked the Commission to
reconsider the amount of homes to be allowed in the
particular area.
Frank Piermarini responded the property is zoned R-
1-10,000, and 30 to 50 smaller homes could be built
if so desired. The pads are as big as two (2) of
the existing lots, in most cases. There will be no
visual crib walls. Trees will be planted that will
not block the view.
Chair/Schey inquired if the access for the grading
will be taken entirely off of the applicants site.
Frank Piermarini affirmed they will not be on
anyone's property, with the exception of three (3)
lots. If the owners of these lots preferred not to
see the crib walls, the lots can be flattened out
with their permission.
Chair/Schey received affirmation from Frank
Piermarini that the light green shading on the
presented map is all natural terrain.
Chair Schey inquired of City Engineer, Sid Mousavi,
if the approval of the grading plan normally
required a full geotechnical report to be done, and
if the recommendation of the report would be
implemented in the grading plan.
Sid Mousavi responded that that is the normal
process of the grading plan.
Lex Williman, in response to Chair/Schey's
concerns, stated there are a series of ditches that
have been constructed and there will be additional
ditches made for the storm drains. In response to
relocating the gas line, he stated Southern
California Gas (SCG) will do all the work. The
portion that is being relocated will be constructed
to the new line either adjacent or over the old
line while the old line is live. At some point,
they will shut down the, old line, tie in the new,
and probably slur in the abandoned line. Grading
will occur over the top of the line before it is
relocated and in the presence of representatives
from the SCG.
VC/Harmony inquired how much time will lapse from
the time it will take to complete grading and to
January 28, 1991
Page 10
landscape the slopes.
Frank Piermarini explained that grading will take
between 3(1/2) to 4 months. As soon as the grading
is completed, we will landscape all the slopes, but
not the pads. The vegetation will be growing while
we are building.
Lex Williman stated, in regards to VC/Harmony's
concern, that a preliminary hydrology study has
been done taking into consideration the
permeability of the street and the houses. In
every case it goes up three (3) to four (4) CFS,
which is very small. The additional run off can be
handled.
James DeStefano stated there is a condition within
the document which calls for a complete hydrology
study to be submitted to the City. It would be
subjected to review and approval by the City
Engineer.
VC/Harmony stated he wants a provision to eliminate
the construction of tennis courts. He finds them
visually ugly and they tends to add more run off
than it's permeability.
Frank Piermarini stated he would not object to a
condition of no tennis courts.
VC/Harmony noted that the grading appeared steep at
the end of the cul-de-sac. He inquired of it's
length.
Lex Williman responded that there is a vertical
curve that has a transition from the steep portion
of the street, which is 15%, down to a 3% portion
into the cul-de-sac. The grade varies within the
points.
VC/Harmony pointed out that going up steep grading
is not a problem in regards to fire access.
However, there must be sufficient turn around
points and maneuverability for the fire equipment.
Frank Piermarini stated the cul-de-sac will be
connected to the existing ones in the Country. He
pointed out there is also an additional five (5)
feet of grassy area, giving a 50 foot radius, that
will be grassed off and is driveable.
C/Grothe asserted he would like a condition stating
any home exceeding 5,000 square feet must have an
additional five (5) foot set back on each side.
January 28, 1991 Page 11
Chair/Schey stated he would like a condition
prohibiting any retaining walls that would
interfere with any of the land form grading or
extend beyond the designated pad areas.
VC/Harmony requested staff to go over the concept
of the Interim Ordinance in regards to the three
(3) houses on different elevations, which he
assumes will contour to the hillside, and the
concept of building on a ridgeline as opposed to
off a ridgeline.
James DeStefano stated there are only three (3)
lots that have breaks of about five (5) feet in the
levels of the pad. It was done specifically to
break up the massing of the homes. This project,
with the varying pads, and the landscaping all
around the pads, will create a softer ridgeline
appearance. The prominent ridgeline feature will
be a mixing of various landscaping, pads and
building materials to be utilized in the homes.
C/Lin questioned the negotiating process in the
Condition of Approval concerning the street or area
lighting plan.
James DeStefano explained there are engineering
conditions and planning conditions. The planning
condition states that lighting fixtures adjacent to
the interior property lines would be approved by
the Director of Planning as to type and height of
fixtures. The purpose was to allow some
illumination but not creating a glowing hillside
because of lighting intensity.
Chair/Schey would like the wording "orientation of
the lights"iadded to the condition.
Sid Mousavi explained the engineering condition is
to minimizes the night time visibility problem.
VC/Harmony inquired if wildlife would be able to
migrate through the properties.
Piermarini assured the Commission that the wildlife
would be able to roam free.
Chair/Schey stated he is impressed by the
significant efforts made by Mr. Piermarini. He is
comfortable with the existing Conditions of
Approval as they have been adjusted.
Motion was made by C/Grothe, seconded by VC/Harmony
and CARRIED UNANIMOUSLY to approve the resolution
subject to the conditions and findings made by
January 28, 1991 Page 12
staff, to also include the amended conditions of:
#4 - to add to the beginning of the second sentence
to read "Fenced details, tree staking...". #6 - to
add ..shall be approved by the Director of
Planning as to type, orientation, and height.".
Add a new condition #23 - "Tennis courts would be
allowed, with a maximum 6 foot wall, and no
lighting. If the lot is by itself without a house
structure, the wall of the tennis court could go to
8 feet high.". Add a new condition #24 - "Dwelling
units in excess of 5,000 square feet of gross floor
area shall have minimum side yard setbacks of ten
(10 ) feet and fifteen (15 ) feet from the edge of
the property line.". In addition, crib walls
should be allowed if all reasonable efforts have
been made to implement the preferred option (either
filling the hole in the catch basin or leaving it
alone) to the satisfaction of the staff.
Ann Lund repo ed the environmental evaluation
shows at the oposed use does not have the
poten al to degra the quality of the environment
in a long term or hort term. The proposed use
w' 1 not cause substan 'al adverse effects on human
eings either directly o indirectly. On the basis
of this initial study, e staff finds that the
proposed project could n have a significant
effect on the environmen and a Negative
Declaration has been prepare Staff recommends
that the Planning Commission app ve the Negative
Declaration and CUP 90-0128 with e Findings of
Fact and conditions listed.
Chair/Schey called a recess at 10:10 P.M. The
meeting was called to order at 10:20 p.m.
CUP 90 128
Ann Lundu, Planning Technician, reported tha the
Automate
applicant, Video Kiosk Corporation, is requ ing a
Videomati
Conditional Use Permit (CUP) to constru a fully
Kiosk
automated video kiosk in the park' g lot of
Standard Brands Paint Store. The ki k is a fully
automated video store, open 24 rs a day, and
will not contain any employees The kiosk will
occupy two (2) parking spaces. More than adequate
arking will remain for both the existing
ommercial shopping center as well as the proposed
k� sk. The video kio dispenses the video by
rob t through credit rd authorization. Regular
sery e, of this kio will be done twice a week
by th owner, St dard Brands Paint. If the
compute fails, message is sent directly to the
main off. a of ideo Kiosk Corporation. The main
office has ec nicians which are on duty 24 hours a
day to servi the computer.
Ann Lund repo ed the environmental evaluation
shows at the oposed use does not have the
poten al to degra the quality of the environment
in a long term or hort term. The proposed use
w' 1 not cause substan 'al adverse effects on human
eings either directly o indirectly. On the basis
of this initial study, e staff finds that the
proposed project could n have a significant
effect on the environmen and a Negative
Declaration has been prepare Staff recommends
that the Planning Commission app ve the Negative
Declaration and CUP 90-0128 with e Findings of
Fact and conditions listed.
AOa&naum mdfunars fur rruvfsuu cfrf
Tentative Tract No. 47722
13 Lots - 19.08 Acres
7,4
City of Diamond Bar
Mr. Jim DeStefano, Director of Planning
21660 E. Copley Drive
Diamond Bar, California 91765
January 23, 1991
re: Additional Information requested and minor corrections to Revised Draft EIR prepared
for Tentative Tract No. 47722 (13 -Lot Alternative Design)
Dear Mr. DeStefano:
Attached for your review and use is the Project Engineer's computerized cut and fill analysis
prepared for the 13 -lot alternative design for Tentative Tract 47722. Also attached are ten
copies of three replacement pages to be inserted in the Revised EIR. They reflect the following
corrections which were discovered on a page by page reading of the final printed report:
1. Page (i) - Preface:
Correction of wording on items no. 2 and no.4.
2. Page 5-5 - Alternative Design Project Description:
Same correction as above
3. Page 1-6 - Zoning and Land Use:
Chart has been corrected to reflect current zoning of property (R-1-10,000). The correct
zoning is found throughout the balance of the report.
To facilitate your use of the proposed mitigation measures as possible Conditions of Approval
for the 13 -Lot Alternative Design for Tentative Tract 47722, we have taken the various measures
(as p%nally proposed) and made the necessary adjustments in wording so that they are
applicable to the new alternative. Ten copies are attached.
These mitigation measures can be included among the formal Conditions of Approval attached
to the 13 -Lot Design Alternative for Tentative Tract 47722 and the accompanying Conditional
Use Permit (C.U.P. No. 89338) issued by the City of Diamond Bar. Used in conjunction with all
standard Conditions of Approval commonly attached to a tentative residential map, these
measures will be fully adequate to mitigate to an acceptable level any foreseeable impact
determined to be potentially significant. In this way, the City of Diamond Bar will comply fully
with the requirements of the California Environmental Quality Act (CEQA). Beyond the
requirements of CEQA, certain impacts which have been determined not to be initially significant
have been reduced even further where possible through a number of the mitigation measures
proposed.
If you have any questions or need additional information prior to the scheduled Public Hearing
on this project, please call.
Sire erely,
Do na M. West
Sen r Associate
DMW/wrw
A California Corporation ❑ Land Planning and Design 171 Environmental A Si
10722 Arrow Route, Suite 616, Rancho Cucamonga, California 91730 (714) 9877'
I76VISW Urarr MJWWI 1/ncrtflat 1111Nacr nvyurt
Tentative Tract No. 47722 - City of Diamond Bar
Preface
The project of focus, Tentative Tract No. 47722, is not a new project. It is a project
previously submitted to the City of Diamond Bar, which has been revised to mitigate the
environmental concerns noted in the original review. In addition, while the original project
was under review, the grading standards within the Zoning Ordinance were altered by the
City. The original design submitted could not meet these standards with the design
submitted nor was any design alternative which could meet these standards included in the
original EIR.
Subsequent to the action of the Planning Commission denying the original design, . the
Applicant, with the assistance and guidance of the City did develop an alternative design to
the original configuration of Tentative Tract No. 47722 which does meet the new grading
standards. This alternative design was also adjusted to meet the environmental concerns of
the Planning Commission as follows:
1. The overall density of the project has been significantly reduced (16%)
2. The overall visual impact resulting from grading of the project has been significantly
reduced.
3. The grading now conforms to "landform grading" concepts.
4. The required number of "crib walls" has been significantly reduced.
5. The revised EIR now includes both a 2 unit and 13 unit design which have now been
included among the alternatives.
This report is a revision and expansion of an original environmental impact report prepared
and previously reviewed by the City of Diamond Bar. The concerns in the original review
have caused revision of the original project design, expansion of this report and the
additional of two alternatives to the original project.
During review and analysis of the original project it was determined that one of the
alternatives discussed verbally was actually preferred by both the City and the Applicant.
This alternative is therefore afforded a much more detailed analysis than would have
otherwise been the case. From the viewpoint of community design, community standards
and environmental quality, the expanded alternative has now become the "preferred"
- alternative.
Page - i
Revised Draft Environmental Impact Report
Tentative Tract No. 47722 - City of Diamond Bar
Zoning and Land Use
The project conforms to the density and land use specified in the existing zoning, General Plan and
Community Plan designations for the City of Diamond Bar. No amendment in zoning, land use
designation or any other variance is required. Although none of the lots are proposed as -flag- lots or
contain other significant dimensional irregularities, several of the lots do function as flag lots even
though they provide legal frontage along private access roads. Specifically, the Zoning and Land Use
designations currently in effect are met as follows:
Adopted General Plan: Non -Urban Uses -1.0 D.U./Acre or less
RE
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Adopted Zoning: R-1-10,000
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Community Plan: R-1-10,000
Non -Urban Uses -1.0 D.U./Acre or less
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Related Permits
Because the project area contains slopes of 25% or greater, a Conditional Use Permit for
the local equivalent of the Los Angeles County's Hillside Management requirement is
requested concurrently with Tentative Tract approval. Conditions for development in
accordance with County Hillside Standards has been meet by Tentative Tract No. 47722.
Page 1 - 6 1.0 Executive Summary
Revised D aft Environmental Impact Report
Tentative Tract No. 47722 - City of Diamond Bar
Alternative Design Project Description
This design alternative for Tentative Tract 47722 consists of a 13 -lot residential subdivison
which was prepared in response to environmental and other concerns raised by the City
Staff and Planning Commission upon receipt and consideration of the original 16 -lot
proposal. While the density is, by total percentage, significantly (16%) less than the original
tract, the primary goal was to develop a design alternative which was realistic as a project
alternative that met the Cities newly developed grading and hillside project standards. The
resulting decrease in density was largely a function of meeting the new local development
criteria.
This alternative design was developed concerns and objectives of the Planning Commission
as follows:
1. The overall density of this alternative project has been significantly reduced (this
design alternative proposes 84% the density of the original tract).
2. The overall visual impact resulting from grading of the project has been significantly
reduced.
3. The grading now conforms to "landform grading" concepts.
4. The required number of "crib walls" has been significantly reduced.
Page 5 - 5 5.0 Project Alternatives
Proposed Mitigation Measures
Tentative Tract No. 47722
13 Lots - 19.08 Acres
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}'�:{:v :v}....•I.�4.h�:r nv �.,v .rfiv' ?..tv.i:r..,T,+.'•.:ff4}............::hi?n; xif.•:4� i+}'•S:t i}Sr: rr}}i}
:: nn
....... v ....:.. ++:...>. i•...:.v.vv.vv.v:.vv...:nvri4ri}}i}'F.i4i::x:.�iF.4'lv'f.4$'�i:?}.•{: f•. •.."vr:
1-A. Existing soil instabilities shag be corrected by remedial grading in conformance
with the approved Final Design and approved Grading Plan for Tentative Tract
47722.
1-B. It is proposed that unstable material in these areas will be removed, replaced and
compacted to the ultimate grade shown on the Final Approved Design of
Tentative Map. Deposits of alluvium and colluvium will be removed and
compacted as directed by the soils engineer.
1-C. Major fill slopes around the periphery of the site are to be installed at slope ratios
of 2 to 1 and some interior fill slopes will be at 1-1/2 to 1 slope.
1-D. All slopes are to be constructed in accordance with adequate stability
requirements of both the soils consultant and the City Engineering Department.
1-E. Total grading on site is to be balanced on site in a stable cut and fill arrangement,
according to the provisions of Tentative Tract Map No. 47722 and the
accompanying Grading Plan, subject to the approval of the Engineering
Department of the City of Diamond Bar.
1-F. All grading operations shall conform to the requirement of the City of Diamond
Bar and the standards grading specifications and recommendations presented in
the Preliminary Soils and Geologic Report, pages 5 - 13.
1-G. During grading operations, special consideration will be given to areas near and
around the 30 -inch high pressure gas line in accordance with the
recommendations of the soils engineer for this project, any additional
requirements of the City of Diamond Bar and the standards of the Southern
California Gas Company and related regulatory agencies.
Page 1
Proposed Mitigation Measures
Tentative Tract No. 47722
13 Lots - 19.08 Acres
2-A. The City of Diamond Bar utilizes the Uniform Building Code. This set of building
regulations contains design and construction standards adequate to mitigate any
potential seismic impacts to a level not considered to be significant.
2-B. In accordance with the proposed design of Tentative Tract No. 47722, no portion
of the existing or replacement line will underlie any primary or secondary
structures.
3-A. Gunite swales will control on site drainage and deliver run-off to existing drainage
systems already constructed in the residential areas abutting the site.
3-B. During grading and construction activities, revegetation of disturbed or newly
constructed slopes should be done as quickly as is feasible to prevent undue
erosion and lessen any non -point pollution impacts to surface run-off.
3-C. Landscaping and necessary irrigation facilities will be installed as early as is
feasible to stabilize top soil and prevent excessive surface water erosion of newly
placed soil.
3-D. Adequate storm drain facilities will be provided to accommodate increased run-off
and further minimize soil erosion.
3-E. Landscaping will be with water -efficient plants, in accordance with the
accompanying landscape plan, subject to approval by the City of Diamond Bar.
3-F. To aid in water recharge, natural drainage areas will be preserved in open space
areas and natural drainage systems will be incorporated, wherever feasible.
Page 2
Proposed Mitigation Measures
Tentative Tract No. 47722
13 Lots - 19.08 Acres
(Limited to short-term noise impacts)
4-A. The operation of heavy grading equipment will be limit to specified hours of
operation an site access in accordance with the adopted Standards of the City of
Diamond Bar. No activity will occur prior to 6.00 a.m. or after 7:00 p.m.
6-A. An Oak Tree Survey has been conducted in compliance with the requirements of
the County Department of Regional Planning. Copies of the survey report have
been submitted to the City of Diamond Bar as part of the technical material on file
for this application.
6-B. Replacement of all Oak Trees removed will be made at a ratio suitable to the City
of Diamond Bar with healthy and otherwise suitable specimens of a size and
quantity as required by the City of Diamond Bar.
6-C. Irrigation for the replacement trees will be provided for a period of three years
which they become established in place and develop the necessary feeder root
system ensuring self-sustainance. Irrigations facilities will be installed as
appropriate on slope areas and maintained by an association of project
homeowners.
6-D. Landscaping for individual homes, view screening for the purpose of affording
privacy to adjacent residences and planting of all common space areas (covered
in the grading process) will be done by the developer from the proposed pallet of
water efficient, biologically adapted and regionally hardy plants materials subject
to approval by the City of Diamond Bar.
Page 3
Proposed Mitigation Measures
Tentative Tract No. 47722
13 Lots - 19.08 Acres
7-A. Additional trees from a pallet of suitable evergreens proposed in the Conceptual
Landscape Plan (as approved by the City of Diamond Bar) will be planted as a
visual buffer as required.
7-B. Actual placement and orientation of individual custom homes will depend on such
factors as degree of slope, soil stability, view potential both from the site and as
viewed from off the project site
7-C. The visual quality of home design and structural amenities proposed will meet or
exceed those found throughout "The Country"
7-D. Colored elevations illustrating the scale and amenities of the homes and
landscape detail proposed for Tentative Tract No. 47722 and will be presented to
the City of Diamond Bar for review and consideration prior to Public Hearing on
this project.
(Applicable Mitigation Measures from Section 4.6 Biological Impacts are as
follows:)
6-A. An Oak Tree Survey has been conducted in compliance with the requirements of
the County Department of Regional Planning. Copies of the survey report have
been submitted to the City of Diamond Bar as part of the technical material on file
for this application.
6-B. Replacement of all Oak Trees removed will be made at a ratio suitable to the City
of Diamond Bar with healthy and otherwise suitable specimens of a size and
quantity as required by the City o1 Diamond Bar.
6-C. Irrigation for the replacement trees will be provided for a period of three years
which they become established in place and develop the necessary feeder root
system ensuring self-sustainance. Irrigations facilities will be installed as
appropriate on slope areas and maintained by an association of project
homeowners.
6-D. Landscaping for individual homes, view screening for the purpose of affording
privacy to adjacent residences and planting of all common space areas (covered
in the grading process) will be done by the developer from the proposed pallet of
water efficient, biologically adapted and regionally hardy plants materials subject
to approval by the City of Diamond Bar.
Page 4
Proposed Mitigation Measures
Tentative Tract No. 47722
13 Lots - 19.08 Acres
8-A. The developer will bear the cost of providing new underground conduit,
transformers, slab boxes, primary conductor and easement right-of-way.
8-B. Initial costs for the installation of phone service to the project will be provided by
the developer in anticipation of reimbursement by General Telephone (after
service is established) through various programs offered by the telephone
company -
8 -C- Utility costs and disruption during construction and future repair will be minimized
through the coordination of a joint trench which houses both electrical and
telephone lines, wherever possible.
8-D. The developer will pay all costs required Sanitation District connection fees.
8-E Adequate access for emergency vehicles and turning radius at the end of each
cul de sac will be provided.
8-F. The developer will pay school fees as may be levied by the Walnut Valley Unified
School District.
9.- A. Construction shall be suspended in the vicinity of any cultural, historical or
prehistorical resource encountered during development of the site and leave the
resource in place until a qualified archaeologist can examine the find and
determine proper method of handling the artifact for placement in an appropriate
repository.
Page 5
A.
B.
RESOLUTION NO. PC 91-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL IM-
PACT REPORT 91-1 AND CONDITIONAL USE PERMIT
89-338, AND TENTATIVE TRACT MAP 47722 TO DEVELOP
A THIRTEEN LOT RESIDENTIAL DEVELOPMENT ON A NINE-
TEEN ACRE SITE LOCATED WEST OF DERRINGER LANE,
NORTH OF RIDGELIKE ROAD ADJACENT TO THE COUNTRY
DEVELOPMENT, DIAMOND BAR, CALIFORNIA AND MAKING
FINDINGS IN SUPPORT THEREOF.
Recitals.
i. Piermarini Enterprises has filed an application request-
ing the issuance of a Conditional Use Permit (CUP), Ten-
tative Tract Map approval, and has submitted an Environ-
mental Impact Report, analyzing the above-mentioned de-
velopment project, as described in the title of this
resolution, (the project) hereinafter
ii. On April 18, 1989, the City of Diamond Bar was estab-
lished as a duly organized municipal corporation of the
State of California. On said date, pursuant to the re-
quirements of the California Government Code Section
57476, Title 21 and 22, the City Council of the City of
Diamond Bar. Title 21 and 22 of the Los Angeles County
Code contains the Development Code of the County of Los
Angeles now currently applicable to development applica-
tions, including the subject Application, within the
City of Diamond Bar.
iii. Because of its recent incorporation, the City of Diamond
Bar lacks an operative General Plan. Accordingly, ac-
tion was taken on the subject Application, as to consis-
tency to the General Plan, pursuant to the terms and
provisions of California Government Code Section 65360.
iv. A duly noticed public hearing on the above -referenced
application was conducted and concluded on January 28,
1991, prior to the adoption of this Resolution.
V. All legal prerequisites prior to this Resolution have
occurred.
Resolution.
Now, therefore, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Commission hereby specifically finds that all the
facts set forth in the Recitals, Part A, of this Resolu-
tion are true and correct.
2. Based upon substantial evidence presented to this Com-
mission during the above -referenced public hearing, in-
cluding written and oral staff reports, together with
public testimony, this Commission hereby specifically
finds as follows:
a. The project relates to a site which is comprised
of approximately nineteen acres of vacant hillside
land within the R-1-10,000 and R-1-40,000 zoning
district and is designated by the Community Plan
for non -urban residential development, in one unit
or less per acre. The site is generally located
west of Derringer Lane, north of Ridgeline Road,
and both east and south of The County (develop-
ment). The site consists of hilly terrain. A
slope analysis indicates that the acreage contains
slopes which range from zero to over thirty-five
percent. A thirty inch in diameter Southern Cali-
fornia Gas Company high pressure gas line travers-
es the southerly portion of the site. The appli-
cant's proposal is for a subdivision of thirteen
lots, which will range in size from .5 gross acres
to 3.4 gross acres. Building pads range in size
from .28 acres to .48 acres. The building units
planned for the pads range in size from five to
ten thousand square feet.
b. The property to the north and west of the project
site is zoned R-1-8,000 and presently is developed
with detached single family residential dwelling
units. The property to the east and south of the
project site is zoned R-1-40,000 and presently is
vacant and undeveloped.
C. The Planning Commission hereby certifies that En-
vironmental Impact Report (EIR 91-1) has been com-
pleted in compliance with the California Environ-
mental Quality Act of 1970, as amended, and the
guidelines promulgated thereunder, and, further,
that the Planning Commission has reviewed and con-
sidered the, information contained in said Environ-
mental Impact Report (EIR 91-1).
d. The Planning Commission hereby finds that changes
or alterations have been required in, or incorpo-
rated into, the project which mitigate or avoid
the significant environmental impact thereof as
identified in said Environmental Impact Report,
Number, EIR 91-1.
e. The property is depicted within the Community
Plan, as non -urban residential. There is a rea-
sonable probability that the project, as proposed,
will be consistent with the proposed General Plan.
f. The site is physically suitable for the type of
development being proposed as depicted within the
Exhibits and as conditioned herein.
g. The design of the subdivision and the proposed
improvements will not cause substantial environ-
mental damage or substantial avoidable injury to
wildlife or their habitat. Project impacts have
been identified within the Environmental Impact
Report and mitigation measures have been proposed
and are referenced herein.
h. The design of the subdivision and the type of im-
provements will not cause serious public health
problems.
i. The site is physically suitable for the proposed
type of density and development.
j. The design and improvements of the proposed subdi-
vision will not conflict with public easements for
access through or use of property within the pro-
posed subdivision.
k. The use applied for at the location set forth in
the application is property one for which a condi-
tional use permit is authorized by the Los Angeles
County Code.
1. The use is not detrimental to the existing uses or
to uses specifically permitted within the zone in
which the proposed use is to be located.
M. The use will be compatible with other uses in the
general area in which the use is proposed to be
located.
n. The site for the proposed use is adequate in size
and shape to accommodate the uses in all of the
yards, set -backs, walls, fences, landscaping and
other features required to adjust the use to the
existing or future uses permitted in the neighbor-
hood.
o. The site for the proposed use relates to streets
and highways properly designed and improved to
carry the type and quantity of traffic generated
or to be generated by the proposed use.
p. The conditions imposed are necessary to protect
the public health, convenience, safety and
welfare.
q. Based upon the substantial evidence and conclu-
sions set forth herein above, and conditions set
forth below in this Resolution, presented to the
Commission, public hearing as set forth above,
this Commission, in conformance with the terms and
provisions of California Government Code Section
65360, hereby finds the following conditions as
deemed necessary to protect the public health,
safety, and general welfare and are reasonable and
proper.
1. The development shall conform to all plans as
submitted to and approved by the Planning
Commission labeled as Exhibits A -I.
2. The development shall incorporate all mitiga-
tion measures and conditions as described
within EIR 91-1.
3. A mitigation monitoring plan shall be devel-
oped by the applicant for review by the City
prior to issuance of any grading permit.
4. A final and detailed landscape and full -cov-
erage automatic irrigation system shall be
provided prior to the issuance of building
permits and subject to the approval of the
Director of Planning. Tree staking, soil
preparation and planting detail shall be
shown on final landscape plans. Water con-
servation design and maintenance and drought
tolerant landscape planting shall be incorpo-
rated whenever feasible into the final design
of the landscape and irrigation plans for the
site.
5. Textured concrete paving shall be provided at
the project entry, subject to the approval of
the City, to break up large masses of as-
phalt/concrete areas.
6. The lighting fixtures adjacent to interior
property lines shall be approved by the Di-
rector of Planning as to type and height of
fixtures.
7. All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the developer until
each individual unit is sold and occupied by
the buyer. Prior to releasing occupance for
those units, and inspection shall be conduct-
ed by the Planning Department to determine
that the planting is in satisfactory condi-
tion.
8. All off-site, landscaping, grading, and other
improvements shall be completed prior to the
occupancy of any unit.
9. Erosion control plans for all slopes adjacent
to major arterial and collector roadways
shall: be submitted at the time of Grading
Plan Review and be approved by the City Engi-
neer.
10. Grading shall be in significant conformance
to the Tentative Tract Map and the proposed
grading that is approved by the Planning Com-
mission. Surety shall be posted to the sat-
isfaction of the City Engineer and the City
Attorney to guarantee completion of the grad-
ing within the project.
11. Prior to the issuance of a Grading Permit, a
complete hydrology and hydraulic study shall
be prepared by a Registered Civil Engineer to
the satisfaction of the City Engineer.
12. Emergency secondary access shall be provide
adjacent to Lot 8 in accordance with the Los
Angeles County Fire Department standards and
the City.
13. Exterior construction activities (grading,
framing, etc.) shall be restricted to 7:00
a.m. to 5:00 p.m. Monday through Saturday,
except that interior construction activities
shall not be limited. All construction equip-
ment shall be properly muffled to reduce
noise levels. Transportation of equipment
and materials and operation of heavy grading
equipment shall also be limited to the hours
of 7:00 a.m. to 5:00 p.m. All equipment stag-
ing areas shall be sited on the subject prop-
erty. Dust generated by construction activi-
ties shall be reduced by watering the soil
prior to and during grading activities.
14. A variety of materials and colors shall be
used on the proposed houses to the satisfac-
tion of the Planning Director.
15. A copy of the Covenants, Conditions and RE-
strictions (CC&R's and Articles of Incorpora-
tion of the Homeowners; Association, subject
to the approval of the City Attorney, shall
be recorded with this map and placed on file
with the Planning Department.
16. The applicant shall comply with the latest
adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, Na-
tional Electric Code, and all other applica-
ble codes, ordinances and regulations in ef-
fect at the time of issuance of relative per-
mits.
17. Prior to any occupancy permit being granted,
these conditions and all improvements shall
be completed to the satisfaction of the City.
18. The use authorized by this approval shall be
commenced or construction necessary and inci-
dental thereto shall be started on or before
the time limit specified herein and thereaf-
ter diligently advanced on or before one (1)
year after the expiration of the appeal peri-
od.
19. The applicant shall pay all environmental
review and processing fees prior to recorda-
tion of the tract map as required by the Di-
rector of Planning.
20. The applicant shall pay development fees (in-
cluding, but not limited to, Planning, Build-
ing, Park, and school fees) at the estab-
lished rates prior to issuance of Building
Permits, as required by the Director of Plan-
ning.
21. The applicant shall pay all engineering fees
at the established rates as required by the
City Engineer.
22. The applicant shall comply with all condi-
tions as listed within Exhibit "A" which is
comprised of a four page interoffice memoran-
dum from the City Engineer to the Director of
Planning, dated January 23, 1991, and at-
tached hereto.
Based upon the substantial evidence, conclusions and conditions
set forth herein above, this Commission, in conformance with the
terms and provisions of California Government Code Section 65360,
hereby approves the applications referenced herein.
The Planning Commission Secretary is hereby directed (a) to certi-
fy to the adoption of this Resolution and, (b) forthwith transmit
a certified copy of this Resolution, by certified mail, return
receipt requested, to Piermarini Enterprises, Inc., 2100 South
Reservoir, Pomona, Ca 91766.
I, James DeStefano, Secretary to the City of Diamond Bar Planning
Commission do hereby certify that the forgoing Resolution was
passed, adopted and approved at a regular meeting of the Planning
Commission of the City of Diamond Bar held on the 28th day of Jan-
uary, 1991, by the following vote:
AYES: COMMISSIONERS: Grothe, Lin, MacBride, VC
Harmony, Chairman Schey
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONZR�54 fi
ATTEST: V 7`
Secre ry to t e Planning Commission
P1. i of.4
INTEROFFICE MEMORANDUM
TO: Jim DeStefano, Director of Planning
oe
FROM: Sid Jalal Mousav�_ `
City Engineer/Public Works Director
SUBJECT: TENTATIVE TRACT MAP NO. 47722
DATE: January 23, 1991
The following is a list of the Engineering Department's
conditions for approval:
1. The review of the tentative map is conducted to ensure
that the project will meet all City requirements, and,
therefore, the details and notes shown on tentative map
will be approved upon review of detail street, sewer,
grading and drainage plans, and hydrology study.
2. The subdivider shall pay for all costs associated with
plan check, review of documents, permit and inspection,
as required by the City.
3. All conditions of the State Map Act and the City's
Subdivision Ordinance must be met prior to recordation.
4. All conditions of the Los Angeles County Fire Depart-
ment must be met, verified, and approved by the City
prior to recordation of the map.
5. All special assessments, utilities, sewer or storm
drain connection fees are to be paid prior to
recordation.
6. All requirements of the serving utilities are to be met
or guaranteed prior to recording the final map.
7. The Final Map shall be based on a field survey.
8. All surveying for the proposed development will be done
by the developer, including the establishment of
centerline ties.
9. Along with final map, surveyor must submit closure
sheets.
10. All improvement plans required for this development
must be submitted along with final map. Plan check of
the final map will not commence until all maps are
submitted.
TENTATIVE TRACT MAP NO. 47722
January 23, 1991
Page 2
11. All improvement plans must be submitted in triplicate.
12. An 8-1/2" x 11" reduction of the final map must be
submitted along with the final map.
13. After the final map records, a mylar and two blueline
prints shall be submitted to the Engineering Department
at no cost to the City. Building permits will not be
issued until the aforementioned items of the recorded
map are received by the Engineering Department.
14. If connecting to L.A. County Flood Control District
facilities., copy of all calculations and plans must be
submitted to L.A.C.F.C.D. Los Angeles County F.C.D.'s
permit is required for tie-in. A copy of this permit
must be submitted to the City prior to approval of the
grading plan.
15. Considering the slope of the street, mitigation
measures must be developed in order to minimize the
traffic hazard. All traffic improvement plans must be
approved by City Engineer prior to recordation of the
map.
16. Street or area lighting plan must be developed to
improve nighttime visibility to the satisfaction of the
City.
17. A hydrology study, along with drainage improvement
plan, will be required. These plans must be approved
by L.A.F.C.D. and the City prior to filing of the final
map.
18. Offer of easement for all utilities and drainage or
other facilities must be drawn on the final map.
19. All street names must be approved by the City prior to
recordation of final map. These names must not be
duplicated within a radius of 20 miles. House
numbering clearance is required prior to approval of
the final map. Street name signs must be provided and
installed prior to issuance of the occupancy permit.
20. A final tract map must be completely signed by the City
prior to filing with the County Recorder.
21. The central angles of the right-of-way radius returns
shall not differ by more than 10 degrees on local
streets.
TENTATIVE TRACT MAP NO. 47722
January 23, 1991
Page 3
22. Any broken or damaged curb, gutter, sidewalk, and
pavement on streets within or abutting the sub-
division must be repaired.
23. Driveways will not be permitted within 25 feet upstream
of any catch basins when street grades exceed 6%.
24. Prior to final approval, the subdivider shall enter
into an agreement with City's franchised cable T.V.
operator to permit the installation of cable in a
common utility trench.
25. The vertical alignment shall be adjusted to provide for
a landing, where necessary, to the satisfaction of the
City Engineer.
26. The subdivider shall install and dedicate main line
sewers and serve each lot/parcel with a separate house
lateral or have approved and bonded sewer plans on file
with the City.
27. The subdivider shall submit an area study to the City
Engineer to determine whether capacity is available in
the sewerage system to be used as the outlet for the
sewers in this land division. If the system is found
to have insufficient capacity, the problem must be
resolved to the satisfaction of the City Engineer.
28. The subdivider shall send a print of the land division
map to the County Sanitation District, with a request
for annexation. Such annexation must be assured in
writing.
29. Off-site improvements are required to join the existing
gravity sewer in Coyote Springs Drive.
30. A preliminary soil report must be submitted and
approved prior to approval of the final map. The
report must be prepared based upon adequate test
borings or excavations, and shall (1) describe any soil
or geologic conditions(s) which, if not corrected,
might lead to structural damage or "slope failure, and
(2) recommend actions necessary to prevent structural
damage or slope failure. A soil expansion index test
is required and shall be done in accordance with the
procedures of UBC Std. No. 29-2.
31. As a means of mitigating potential environmental
impacts, the applicant shall suspend construction in
TENTATIVE TRACT MAP NO. 47722
January 23, 1991
Page 4
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. The
applicant shall comply with measures recommended by the
archaeologist and approved by the City.
32. A water system with appurtenant facilities to serve all
lots in the land division must be provided. The system
shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department
and the City. The water mains shall be sized to accom-
modate the total domestic and fire flows.
33. The rough grading plan must be based on a detailed
engineering geology report and/or soils engineering
report and must be specifically approved by the
geologist and/or geotechnical engineer and show all
recommendations submitted by them. A grading plan must
be submitted and approved by City Engineer prior to
approval of the final map. Developer shall pay for all
costs associated with certifying the grading by regis-
tered soils/geotechnical engineer and City's inspection
fee.
Should you have any questions, please let me know.