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Next Resolution No. 91-39
Next Ordinance No. 3 (1991)
SPECIAL MEETING/STUDY SESSION
4:30 P.M.
a) Source Reduction and Recycling Element
(Administrative Draft)
b) Solid Waste Administration Fees
C) Draft Recycling and Yardwaste Program
Recommended Action: Direct staff as necessary.
CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Forbinq
ROLL CALL: COUNCILMEN WERNER, NARDELLA, PAPEN,
MAYOR PRO TEM KIM, MAYOR FORBING
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 Speakers 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. Economic Development Workshop - June 22, 1991 9:00
a.m., Hotel Diamond Bar, 259 Gentle springs Ln.
B. Planning Commission June 24, 1991 7:00 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
C. Parks and Recreation Commission - June 27 „ 1991 -
6:30 p.m., Community Room, 1061 S. Grand Ave.,
D. City Council Meeting - July 2, 1991 - 6:00 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
E. Concert in the Park - July 3, 1991 - 6:30 p.m. to
8:00 p.m. Sycamore Canyon Park,
F. 4th of July - City Offices will be closed.
CITY COUNCIL AGENDA PAGE 2 JUNE 18, 1991
G. 1991 U.S. Olympic Torch Run - July 8, 1991 - 4:30
p.m. Diamond Bar Blvd. and Grand Ave.
H. Planning Commission - July 8, 1991 - 7:00 p.m.,
W.V.U.S.D. Board Room, 880 S. Lemon Ave.
2. APPROVAL OF MINUTES - (a) Regular Meeting of May 21,
1991 and (b) Regular Meeting of June 4, 1991.
3. WARRANT REGISTER - Approve Warrant Register dated June
18, 1991 in the amount of $274,144.46.
4. CLAIM FOR DAMAGES - Claim for Damages filed by Susan
Ford on March 14, 1991.
Recommended Action: Deny.
5. PARATRANSIT SERVICES - The proposed Agreement between
the County and the City provides for the continuation
of transportation service for elderly and disabled
residents from July 1, 1991 through June 30, 1992.
Recommended Action: Approve the agreement and direct
the City Clerk to forward the original and two copies
to L.A. County Department of Public Works for further
processing.
6. RESOLUTION NO. 91 - XX: A RESOLUTION OF THE COUNCIL OF
THE CITY OF DIAMOND BAR PROVIDING FOR THE BORROWING OF
FUNDS FOR FISCAL YEAR 1991/1992 AND THE ISSUANCE AND SALE
OF 1991 TAX AND REVENUE ANTICIPATION NOTES THEREFOR - The
City is considering the issuance of $1,700,001.0 in Tax
and Revenue Anticipation Notes.
Recommended Action: Adopt Resolution No. 91 -XX authori-
zing issuance of Tax and Revenue Anticipation Notes
(TRAN) in the amount of $1,700,000 by the city, approving
the Official Statement and approving the Paying Agent and
Servicing Agent Agreements.
7. RESOLUTION NO. 91 - XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A
BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR
COMMENCING JULY 1, 1991 AND ENDING JUNE 30, 1992
INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND
CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR
ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES
THEREIN SET FORTH - The Budget for FY 1991-92 was
approved at the meeting of May 21, 1991.
Recommended Action: Adopt Resolution No. 91 -XX approving
and adopting the Budget for FY 1991-92.
8. AWARD OF BID FOR PLAYGROUND EQUIPMENT - Pursuant to
Council direction, staff was directed to replace existing
playground equipment at Sycamore Canyon and Heritage
CITY COUNCIL AGENDA PAGE 3 JUNE 181 1991
Parks.
Recommended Action: Award contract to Keith Vint and
Associates, the lowest responsible bidder, in the
amount of $25,370 for installation of playground
equipment at Heritage and Sycamore Canyon Parks.
9. LOT LIKE ADJUSTMENT - The proposed lot line adjustment
was requested pursuant to requirements of the State Map
Act for property located at 2260 and 2276 Indian Creek
Road, Lots 67 and 68, Tract Map No. 23483.
Recommended Action: Approve the lot line adjustment and
authorize: 1) the City Engineer to sign the map and 2)
direct the City Clerk to process it for recordation.
10. PROCLAMATION - Proclaiming the Month of July, 1991 as
"Parks and Recreation Month."
11. PROCLAMATION - Proclaiming support of efforts by the
"Community and Veterans United" Committee for their
picnic set for July 13, 1991 in honor of all Veterans.
SPECIAL PRESENTATIONS - Proclamations, Certificates, etc.
12. CERTIFICATE OF RECOGNITION - Presentation of
Certificate of Recognition to Robert J. Bowman,
Regional Parole Administrator, Department of
Corrections honoring his retirement on July 1, 1991.
OLD BUSINESS
13. RESOLUTION NO. 91 - XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING, SUBJECT
TO CONDITIONS, THE MODIFICATION OF CONDITIONAL USE
PERMIT 1634-1 FOR THE PURPOSE OF EXTENDING THE TIME FOR
DEVELOPMENT OF THE PROJECT, FOR THE PROPERTY LOCATED AT
3255 DIAMOND BAR BOULEVARD OWNED BY THE EVANGELICAL
FREE CHURCH OF DIAMOND BAR - On May 21, 1991 staff was
directed to prepare a resolution of approval
incorporating a five-year time extension, a tree
preservation plan and a parking management plan for
Council approval. Staff was also directed to make
further refinements to the language outlining the Tree
Preservation Plan.
Recommended Action: Adopt Resolution No. 91 -XX
approving, subject to conditions, the modification of
Conditional Use Permit 1634-1.
14. 1991 CONCERT IN THE PARRS SERIES - The Parks &
Recreation commission has reviewed Concert in the Park
series offers of sponsorship by city service clubs.
With the offers of sponsorship, the service clubs have
asked to be allowed to sell food and beverages at some
CITY COUNCIL AGENDA PAGE 4 JUNE 18, 1991
of the concerts. It is necessary to develop a policy
which addresses these operational matters.
Recommended Action: The Parks & Recreation Commission
recommends the City Council 1) adopt a contribution
donation policy which states that any or all contribu-
tions of $100 or more be applied to the entire 1991
Concert In The Park series and 2) provide the
opportunity to sell food and beverages at the series to
non-profit organizations with all net proceeds being
donated toward the Memorial Plaque project.
15. RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING THE REPORT FILED
PURSUANT TO SECTION 22623 OF THE STREETS AND HIGHWAYS
CODE WITH RESPECT TO CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 38 AND FIXING AND GIVING NOTICE
OF A TIME AND PLACE FOR A PUBLIC HEARING ON THE LEVY OF
AN ASSESSMENT ON SAID DISTRICT FOR FISCAL YEAR 1991-92
Pursuant to Council direction staff has prepared the
Engineer's Report for city-wide Landscaping Assessment
District No. 38 for FY 1991-92.
Recommended Action: Approve Engineer's Report, adopt
Resolution No. 91 -XX-, set a time and place for a
hearing before the Council and direct the City Clerk to
advertise the hearing.
NEW BUSINESS
16. ADVISORY MEASURES FOR NOVEMBER BALLOT - Discussion
of Advisory Ballot Measures regarding a) acquisition of
site "D;" b) overnight parking; c) election of Mayor by
popular vote and other matters for possible placement
on the November, 1991 ballot.
Recommended Action: Direct staff as necessary.
17. RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA, GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF TRANSFERRING HIGHWAY SAFETY LIGHTS TO COUNTY LIGHTING
MAINTENANCE DISTRICT NO. 10006 - Maintenance and energy
costs associated with highway safety lights in the City
have been billed to the City on a monthly basis. In order
to include these lights into the County's lighting
assessment district, the City must adopt Resolution
authorizing the inclusion.
Recommended Action: Adopt Resolution No. 91 -XX granting
consent and jurisdiction to the County of L.A. in the
matter of transferring highway safety lights to County
Lighting Maintenance District No. 10006.
CITY COUNCIL AGENDA PAGE 5 JUNE 18, 1991
18. RESOLUTION NO. 91 -XX: A RESOLUTION OF THE COUNCIL OF THE
CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
FOR THE BREA CANYON ROAD SIDEWALK CONSTRUCTION AT S.R. 60
FREEWAY IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - Although
there is evidence of pedestrian usage on both sides of
Brea Canyon Rd. under the SR 60 (Pomona Freeway), there
are no permanent sidewalk improvements on either side of
the road between the freeway ramps to the north and
driveway aprons for the service stations to the south.
Recommended Action: Approve plans and specifications for
construction of sidewalk along Brea Ca@on Road under SR
60 Freeway, adopt Resolution No. 91 -XX and direct the
City Clerk to advertise for bids.
19. CROSSING GUARD SERVICES - Crossing guard services have
been provided to Diamond Bar schools by the County of
L.A., who contracted with a private company. With the end
of FY 1990-91 approaching, there is a need to contract
for the 1991-92 fiscal year. The City has investigated
the feasibility of entering into a contract with
MasterGuard International for these services.
Recommended Action: Enter into an agreement with
MasterGuard International in the amount of $90,000 for
crossing guard services for FY 1991-92.
20. FOUNTAIN SPRINGS PUMP STATION CAPACITY - L.A. County
Department of Public Works operates the Fountain Springs
Pump Station, 2148 Fountain Springs Rd., a sewer lift
station, that previously ruptured and is currently
pumping at full capacity. Four additional sewer lift
stations within the City discharge flow into gravity
sewer lines that are ultimately pumped, by the Fountain
Springs Station. These stations are Castle Rock, Brea,
Indian Creek and Longview.
Recommended Action: Direct staff to post signs at the
public counter showing the affected area, along with
notification to the developers stating that finalization
of all projects within this area will be delayed until
corrective measures occur. Furthermore, all developmental
departments must verify the location of proposed projects
in relation to Fountain Springs, Brea, Castle Rock,
Indian Creek and Longview pump stations in order to 1)
notify prospective applicants of the possible delay in
sewer connection and 2) notify present applicants of
their permit issuance delay.
CITY COUNCIL AGENDA PAGE 6 JUNE 18, 1991
PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the matters
can be heard.
21. ORDINANCE NO. XX (1991) (DRAFT) - SIGN ORDINANCE -
Continued public hearing -from May 5, 1991.
The City council is considering adoption of new sign
regulations in order to create a unified plan
pertaining to a comprehensive sign policy,
Recommended Action: As recommended by the Planning
commission, reopen the public hearing, accept testimony
and provide direction to staff as appropriate.
22. RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY
COUNCIL HE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 1991-92 FOR THE
CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS
OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT
CODE, UNDER PROTEST - As required by Government Code
Section 7910, the City Council is requested to formally
adopt the Appropriations Limit for Fiscal Year 1991-92.
Recommended Action: Receive public testimony and
approve: 1) the California per capita personal income
percentage for use in calculating the FY91-92
Appropriations Limit; 2) usage of the L.A. County
unincorporated area population growth percentage in
calculating the FY91-92 Appropriations Limit; and 3)
adopt Resolution No. 91 -XX which establishes the
protested FY 91-92 Appropriations Limit at $11,097,611.
23. LANDSCAPE MAINTENANCE DISTRICTS 39 AND 41 FOR FY 1991-
92 - Intention to levy and collect assessments within
LLMD No. 39 and 41 for payment of said annual
maintenance programs during FY 1991-92.
Recommended Action: Receive public testimony and direct
as necessary.
24. ORDINANCE NO. XX (1991): AN ORDINANCE OF THE CITY OF
THE CITY OF DIAMOND BAR AMENDING SECTION 00 OF TITLE 22
AND ADDING A NEW SECTION 82-7 TO TITLE 27 OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED - Review of
fees and rates related to the processing of planning,
zoning, building and engineering projects, maps and
other such activities.
Recommended Action: Receive public testimony and
approve for first reading by title only Ordinance No.
XX(1991) and direct staff to schedule the second
reading and consideration of the Resolution
establishing fees on the agenda for the meeting of July
2, 1991.
CITY COUNCIL AGENDA PAGE 7 JUNE 18, 1991
25. ORDINANCE NO. 9-B(1990): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM
OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 9-A(1990)
PURSUANT TO CODE SECTION 675858 AND MAKING FINDINGS IN
SUPPORT THEREOF - A City -initiated request to amend
certain provisions of Title 22 of the L.A. County Code,
pertaining to processing of applications for free-
standing signs in excess of 6 feet in height and/or
within a sign face in excess of sq. ft.
Recommended Action: Receive public testimony and
approve for first reading by title only Ordinance No.
9B (1990) extending interim freestanding sign
provisions.
26. TENTATIVE MINOR LAND DIVISION - The applicant, Bryan
A. Stirrat & Associates, has requested approval of a
minor subdivision to create two (2) parcels on a 4.38
acre site located at 1575 S. Valley Vista Drive.
Recommended Action: Council take no action on the
request and refer the project to City staff for further
analysis.
ANNOUNCEMENTS - This time is set aside for any City Councilmember
to direct staff regarding any matters to be discussed at the next
regular meeting
CLOSED SESSION
Litigation - Section 54956.9
Personnel - Section 54957.6
ADJOURNMENT - To June 21 -1991 at 7:30 a.m. for Closed Session
regarding Personnel.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: /�J`
TO: Ci y Clerk
FROM:
ADDRESS: _ Z ��,r7 T�'dUf� 1015.
ORGANIZATION: `S r,
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
Signatu e
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wi
to address the Council are recognized and to ensure correct spellin of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO. POO) LI C
DATE roti` ,h
TO: City Clerk
FROM:
ADDRESS:lir rill. !,'
ORGANIZATION:
SUBJECT: SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
A/`
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO. / S
DATE:
TO: City Clerk
FROM:! L P
ADDRESS: Z `j ?S Gds G,•v ��%d l � 'G � k Ii 14eq "'40
ORGANIZATION:
SUBJECT: rk -,/-c; !-/ � /- Fs < RI'CT #' .j X
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
/ Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: % —/6,
TO: City Clerk
FROM: C— C� IC wL C(-
ADDRESS: i y /l%, /C e C Co u
ORGANIZATION:
SUBJECT: ��/Ol� L LL e 5 T<`O/r� T� �o u,r/G• o ` C
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and a ress as written above.
Sianature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: 1p - 18 - a/
TO:City Clerk/'
FROM: / o `�� �2 A ✓ •o r -G
ADDRESS:
ORGANIZATION:
SUBJECT: 6 y s�_.4.os /..,T x.38
I expect to address the Council on t e su sect agenda item. Please have the
Council Minutes reflect my name �d addV,%s, as written above.
ture
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE C;TY COUNCIL
REGARDING AGENDA ITEM NO. NO
V f00 V
DATE:
TO: City Clerk
FROM:
ADDRESS: Awn
ORGANIZATION:
SUBJECT:
I expect to address the Council on the subject agenda ite ."'f
Council Minutes reflect my name an�j address as written above.
have the
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: 06/12/91 MEETING DATE: 06/18/91
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Terrence L. Belanger, Assistant City Manager via
Troy L. Butzlaff, Administrative Analyst
SUBJECT: Source Reduction and Recycling Element (Administrative Draft)
ISSUE STATEMENT%
Assembly Bill 939 requires every city and county in the State of California to prepare
and adopt a Source Reduction and Recycling Element (SRRE) which identifies how that
jurisdiction will divert, through a combination of source reduction, recycling and
composting programs, 25% of solid waste from landfill by 1995 and 50% by the year
2000.
RECOMMENDATION:
It is recommended that the City Council receive information regarding the
administrative draft of the Source Reduction and Recycling Element and direct staff
as necessary.
BACKGROUND:
The consultants to the Integrated Waste Management Joint Powers Authority have prepared
an administrative draft of the City's Source Reduction and Recycling Element that
is consistent with Public Resources Code Section 40000 et seq. , and have submitted
it for internal review. The purpose of this review is to solicit final comments
from City staff before the document becomes a "Preliminary Draft" and is distributed
to the public pursuant to the 45 day public review and comment period as stipulated
by law.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue source:
Y:
V P
Robert L. Van Nort Andrew V. Arczynski Terrence L. BelangeOf
City Manager City Attorney Assistant City Manager
06/13191
This document is the culmination of several months of research on solid waste issues
between the consultants and City staff. Incorporated within are the final results
of the waste generation study, the City's short and medium term goals and objectives
for each of the component elements (i.e., source reduction, recycling, etc.),
identification of existing programs and diversion rates, information on the types
of program alternatives and targeted materials that are recommended for implementation,
and other relevant information on waste reduction and recycling, some of which have
been submitted to the Council under previous cover.
Staff is presently screening the administrative draft for errors and omissions and
plans to provide some constructive comments to the consultants prior to July 17th.
The Joint Powers Authority has scheduled several workshops in July (July 1 & July
17) , with the lead consultant EMCON Associates, to assist cities that may have comments
and concerns regarding this document. It is anticipated that staff will attend
either one or both of these workshops.
Because the administrative draft is for internal review only, the consultant has
stressed that cities should delay distribution of any documentation pending the
delivery of the "Preliminary Draft" of the SRRE. In the interim, the attached SRRE
Checklist, which was developed by the California Integrated Waste Management Board,
is provided to illustrate the suggested format and possible content of the City's
preliminary draft. It is anticipated that the preliminary draft should be available
in mid-August and subsequently be made accessible to the Council, other jurisdictions
(i.e., the State, the County, adjoining municipalities, etc.) and interested members
of the public for their inspection.
ERRE CHECKLIST
This checklist is provided as an aid to local jurisdictions for the
preparation and completion of Source Reduction and Recycling
Elements. It is designed to be a "quick reference guide" or
outline of Articles 6.2, and 6.1 (see attachment) and is not meant
to be used as the regulatory authority for completing these
documents. The Statutes, Regulations, and Statement of Reasons
should be carefully scrutinized by jurisdictions as they prepare
their SRREs.
The spaces in the left margin can be used to check off portions of
the Element as they are completed. The format presented here is
not required by the CIWMB, but is presented as one way to organize
the contents of an Element. 'V Additions such as the Executive
Summary and Technical Appendices are not required by regulation,
but are included only as suggestions. It is hoped that this
checklist will help local jurisdictions to prepare and complete
SRREs.
Questions concerning the use of this checklist can be directed to
the Local Assistance Branches (North and South) of the CIWMB's
Local Planning Division, at (916)327-0441.
GENERAL STRUCTURE OF THE FIRST 4 COMPONENTS
INCLUDE IN ALL 4 COMPONENTS
ADDITIONAL SPECIFIC REQUIREMENTS
(MODEL COMPONENT FORMAT)
Source
Special
Reduction
Recycling
Composting
Waste
Objectives 18733.1
18734.1
18735.1
18736.1
18737.1
Existing Conditions
18734.2
18735.2
18736.2
18737.2
Description 18733.2
Evaluation of Alternatives
18734.3
18735.3
18736.3
---
18733.3
Program Selection
---
18735.4
18736.4
---
18733.4
Program Implementation
---
18735.5
---
---
18733.5
Monitoring and Evaluation
---
---
---
---
18733.6
SRRE Checklist page 1
1/29/91
( v, )
SRRE CHECKLIST
I. EXECUTIVE SUMMARY
II. SOURCE REDUCTION AND RECYCLING ELEMENT
Chapter 1. Statement of Goals and Objectives (18731)
Define goals and objectives for short- and medium-term
planning periods.
Include summary of percentages to be diverted through each
component program.
Include time frame for achievement of each objective.
Suggestion: this chapter can include a summary of the objectives
listed for each component, and a table summarizing percentages
diverted and the time frame for each objective.
Chapter 2. Solid Waste Generation Analysis (18732)
Along with the solid waste generation analysis outlined in the
attachment, the following 4 lists must be included:
(a) by specific waste categories, a list of quantities of
materials currently diverted, and a list of quantities of
materials currently disposed
(b) a list of waste materials disposed that could potentially
be diverted by programs described in this document
(c) a list of waste materials disposed that can't be diverted
and why
Chapter 3. Source Reduction Component
1. Objectives (18733.1, 18734.1)
(based on Solid waste Generation Analysis and other local
conditions as necessary)
(a) State specific objectives to be accomplished during short
and medium-term by this component, including
(1) reducing use of non -recyclable materials
(2) replacing disposable materials with reusable
(3) reducing packaging
(4) reducing amount of yard waste generated
(5) purchasing repairable products
SRRE Checklist page 2
1/29/91
( V )
(6) increasing efficiency of use of materials
(b) Identify priority waste categories or types for diversion
by source reduction, which may be based on
(1) volume/weight/hazard of material
(2) whether material, products, or packaging are made of non-
renewable resources
(3) potential to extend life of materials
(4) whether waste type has limited recyclability
2. Existing Conditions Description (18733.2, 18734.2)
(a) as applicable, include description of existing diversion
alternatives as follows:
(1) Brief description of existing source reduction
alternatives currently being done by public and private
entities, including govt, commercial, industrial
(2) Quantity (in vol. or wt.) diverted for each alternative,
listed by category and type
o describe, document, and verify methods, assumptions
results
o must use best readily available data
(3) Description of alternatives that will be decreased in
scope, effects of this on existing solid waste management, and
effects on attainment of mandated diversion goals.
NOTE: The above is an important section since it will be "used to
support the quantification of existing diversion alternatives to
determine the current percentage of solid waste diverted". 18733.2
3. Evaluation of Alternatives (18733.3, 18734.3)
(a) Each alternative shall be evaluated in terms of
(1) effectiveness in reduction of waste
(2) hazards created
(3) ability to accommodate change
(4) consequences on the waste (i.e., shifts)
(5) whether can be implemented in short- and medium-term
planning periods
(6) need for expanding/building facilities
(b) For each alternative also include discussion of
(1) consistency with local conditions
(2) institutional barriers to implementation
(3) estimate of costs
(4) availability of end uses of diverted materials
SRRE Checklist page 3
1/29/91
(V)
(c) Four specific source reduction alternatives shall be
considered:
(1) rate structure modifications, which may include:
o local waste disposal fee modifications
o quantity -based local user fees
(2) creation of economic incentives, which may include:
o loans, grants, loan guarantees
o deposits, refunds, rebates
o reduced business license fees
(3) technical assistance or instructional and promotional
alternatives, which may include:
o waste evaluations
o establishment of compost programs at site of
generation
o technical assistance to industry and consumer
organizations and source reduction businesses
o education efforts
o awards/other public recognition for source reduction
o non -procurement source reduction programs (2 -sided
copies, etc.)
(4) regulatory programs, which may include:
o local ordinances of criteria for procuring products,
such as durability, recyclability, reusability, and recycled
material content
o local incentives for land -use development that promote
source reduction
o local requirements of waste reduction planning and
reporting by generators
o local adoption of bans on products and packaging
4. Selection of Program (18733.4)
(a) Identify and describe alternatives selected, including
o existing alternatives
o expansions of existing alternatives
o new alternatives to be implemented
(b) For each alternative, discuss
(1) why it was selected, based on data in waste generation
study, and the evaluations above
(2) estimate anticipated quantities to be diverted
o by diversion program and waste type
o for short-term and medium-term planning periods
o in vol. or wt.
o and % it will contribute to 250/50% goals
(3) as applicable, list of end uses for diverted materials
(based on evaluation above)
(4) as applicable, description of proposed methods for
necessary handling and disposal
SRRE Checklist page 4
1/29/91
( ✓)
(5) as applicable, description of facilities to be used, which
the evaluation has shown must be expanded or built
5. Program Implementation (18733.5)
(a) Identify govt agencies, organizations, etc. responsible
to implement the program
(b) Identify tasks necessary for implementation
(c) Identify short-term and medium-term implementation
schedule addressing each task
(c) Identify known costs, revenues, and revenue sources
necessary for implementation
6. Monitoring and Evaluation (18733.6)
(a) Identify methods to quantify and monitor achievement of
objectives, including diversion from landfills and
transformation facilities, and reduction of waste hazard
Also, quantify waste diverted in vol, or wt., and in
percent of total waste generated.
(b) Use one of the following methods to monitor programs and
evaluate compliance with mandated diversion requirements:
(1) Further Waste Generation Study
(2) targeted solid waste characterization studies, to measure
changes
(3) assessment of changes in design, production,
distribution, sale, and/or use of products/packages
which affect waste generation.
(4) another method approved by the Board.
(c) From the methods selected, provide
(1) written criteria for evaluating program's effectiveness
(2) identification of agencies/persons/etc. responsible for
monitoring, evaluating, reporting
(3) identification of known monitoring and evaluation funding
requirements, revenues, revenue sources
(4) identification of measures to be implemented if monitoring
shows shortfall in attaining objectives/diversion mandates.
Measures may include:
(A) increasing frequency of monitoring/review of program
(B) modification of objectives or diversion alternatives
SRRE Checklist page 5
1/29/91
(V)
Chapter 4. Recycling component
1. Objectives (18733.1, 18735.1)
(based on Solid Waste Generation Analysis and other local
conditions as necessary)
(a) State specific objectives to be accomplished during short
and medium-term by this component, including a statement of
market development objectives to be achieved in short- and
medium-term planning periods.
(b) Identify priority waste categories or types for diversion
by recycling, which may be based on
(1) volume/weight/hazard of material
(2) whether material, products, or packaging are made of non-
renewable resources
2. Existing Conditions Description (18733.2, 18735.2)
(a) as applicable, include description of existing diversion
alternatives as follows:
(1) Brief description of existing recycling alternatives
(2) Quantity (in vol. or wt.) diverted for each alternative,
listed by category and type
(3) Description of alternatives that will be decreased in
scope, effects of this on existing solid waste management, and
effects on attainment of mandated diversion goals.
(b) Description of:
o existing private and public recycling activities
o existing local market development activities, including
government procurement programs
o economic development activities
o consumer incentives
o education programs
NOTE: The above is an important section since it will be "used to
support the quantification of existing diversion alternatives to
determine the current percentage of solid waste diverted". 18733.2
3. Evaluation of Alternatives (18733.3, 18735.3)
(a) Each alternative shall be evaluated in terms of
(1) effectiveness in reduction of waste
(2) hazards created
(3) ability to accommodate change
(4) consequences on the waste (i.e., shifts)
SRRE Checklist page 6
1/29/91
(✓)
(5) whether can be implemented in short- and medium-term
planning periods
(6) need for expanding/building facilities
(b) For each alternative also include discussion of
(1) consistency with local conditions
(2) institutional barriers to implementation
(3) estimate of costs
(4) availability of end uses of diverted materials
(c) Analyze recycling alternatives affecting residential,
commercial, and industrial wastes.
Take into account existing programs and their possible
expansion. Address advantages/disadvantages of public
vs. private ownership or operation of recycling programs and
facilities.
(1) alternatives must include the following methods for
accomplishing separation of recyclables:
o separation at source (curbside & mobile collection
systems)
o drop-off recycling centers
o buy-back recycling centers
o manual material recovery operations
o mechanized material recovery operations which produce a
product which has a market
o salvage at solid waste facilities
(2) discuss feasibility of changing zoning and building codes
to encourage recycling
(3) discuss feasibility of changing rate structures to
encourage recycling
(4) discuss methods to increase markets for recycled materials
(5) encourage handling methods that preserve integrity of
recovered materials (consider separation at point of
generation)
4. Selection of Program (18733.4, 18735.4)
(a) Identify and describe alternatives selected, including
o existing alternatives
o expansions of existing alternatives
o new alternatives to be implemented
(b) For each alternative, discuss
(1) why it was selected, based on data in waste generation
study, and the evaluations above
(2) estimate anticipated quantities to be diverted
o by diversion program and waste type
o for short-term and medium-term planning periods
o in vol. or wt.
SRRE Checklist page 7
1/29/91
(✓)
o and % it will contribute to 25%/50% goals
(3) as applicable, list of end uses for diverted materials
(based on evaluation above)
(4) as applicable, description of proposed methods for
necessary handling and disposal
(5) as applicable, description of facilities to be used, which
the evaluation has shown must be expanded or built
_ (c) Identify end markets or end users to be secured during
short-term. If this can't be done, identify how markets will
be secured.
(1) can describe markets in general terms
(2) also described planned development of markets at
manufacturing facilities in the jurisdiction.
(d) Describe measures to be taken if unfavorable market
conditions or other unfavorable conditions occur which are
beyond the jurisdiction's control and which prevent reaching
25%/50% goals.
S. Program Implementation (18733.5, 18735.5)
(a) Identify govt agencies, organizations, etc. responsible
to implement the program
(b) Identify tasks necessary for implementation
(c) Identify short-term and medium-term implementation
schedule addressing each task
(d) Identify known costs, revenues, and revenue sources
necessary for implementation
(e) Denote actions planned to deter unauthorized removal of
recyclables, which adversely affect program.
6. Monitoring and Evaluation (18733.6)
(a) Identify methods to quantify and monitor achievement of
objectives, including diversion from landfills and
transformation facilities, and reduction of waste hazard
Also, quantify waste diverted in vol. or wt., and in
percent of total waste generated.
(b) Use one of the following methods to monitor programs and
evaluate compliance with mandated diversion requirements:
(1) Further Waste Generation Study
(2) targeted solid waste characterization studies, to measure
changes
SRRE Checklist page 8
1/29/91
( V )
(3) assessment of changes in design, production,
distribution, sale, and/or use of products/packages
which affect waste generation.
(4) another method approved by the Board.
(c) From the methods selected, provide
(1) written criteria for evaluating program's effectiveness
(2) identification of agencies/persons/etc. responsible for
monitoring, evaluating, reporting
(3) identification of known monitoring and evaluation funding
requirements, revenues, revenue sources
(4) identification of measures to be implemented if monitoring
shows shortfall in attaining objectives/ diversion mandates.
Measures may include:
(A) increasing frequency of monitoring/review of program
(B) modification of objectives or diversion alternatives
chapter s. Composting component
1. Objectives (18733.1, 18736.1)
(based on Solid Waste Generation Analysis and other local
conditions as necessary)
(a) State specific objectives to be accomplished during short
and medium-term by this component, including a statement of
market development objectives to be achieved in short- and
medium-term planning periods.
(b) Identify priority waste categories or types for diversion
by composting, which may be based on
(1) volume/weight/hazard of material
(2) whether material, products, or packaging made of non-
renewable resources
2. Existing Conditions Description (18733.2, 18736.2)
(a) as applicable, include description of existing diversion
alternatives as follows:
(1) Brief description of existing composting alternatives
(2) Quantity (in vol. or wt.) diverted for each alternative,
listed by category and type
(3) Description of alternatives that will be decreased in
scope, effects of this on existing solid waste management, and
effects on attainment of mandated diversion goals.
SRRE Checklist page 9
1/29/91
(V)
(b) Description of:
o existing local market development activities, including
government procurement programs
o economic development activities
o consumer incentives
NOTE: The above is an important section since it will be "used to
support the quantification of existing diversion alternatives to
determine the current percentage of solid waste diverted". 18733.2
3. Evaluation of Alternatives (18733.3, 18736.3)
(a) Each alternative shall be evaluated in terms of
(1) effectiveness in reduction of waste
(2) hazards created
(3) ability to accommodate change
(4) consequences on the waste (i.e., shifts)
(5) whether can be implemented in short- and medium-term
planning periods
(6) need for expanding/building facilities
(b) For each alternative also include discussion of
(1) consistency with local conditions
(2) institutional barriers to implementation
(3) estimate of costs
(4) availability of end uses of diverted materials
(c) Alternatives will qualify toward diversion mandates only
if the product results from controlled biological
decomposition of organic wastes that are source separated from
municipal solid waste stream or separated at a centralized
facility.
(d) Alternatives do not include composting at site of
generation by generator (this is source reduction).
4. Selection of Program (18733.4, 18736.4)
(a) Identify and describe alternatives selected, including
o existing alternatives
o expansions of existing alternatives
o new alternatives to be implemented
(b) For each alternative, discuss
(1) why it was selected, based on data in waste generation
study, and the evaluations above
(2) estimate anticipated quantities to be diverted
o by diversion program and waste type
o for short-term and medium-term planning periods
SRRE Checklist page 10
1/29/91
(✓)
o in vol. or wt.
o and % it will contribute to 25%/50% goals
(3) as applicable, list of end uses for diverted materials
(based on evaluation above)
(4) as applicable, description of proposed methods for
necessary handling and disposal
(5) as applicable, description of facilities to be used, which
the evaluation has shown must be expanded or built
(c) Identify end markets or end users to be secured during
short-term. If this can't be done, identify how markets will
be secured.
(1) can describe markets in general terms
(2) also described planned development of markets at
manufacturing facilities in the jurisdiction.
(d) Describe measures to be taken if unfavorable market
conditions or other unfavorable conditions occur which are
beyond the jurisdiction's control and which prevent reaching
25%/50% goals.
5. Program Implementation (18733.5)
(a) Identify govt agencies, organizations, etc. responsible
to implement the program
(b) Identify tasks necessary for implementation
(c) Identify short-term and medium-term implementation
schedule addressing each task
(d) Identify known costs, revenues, and revenue sources
necessary for implementation
6. Monitoring and Evaluation (18733.6)
(a) Identify methods to quantify and monitor achievement of
objectives, including diversion from landfills and
transformation facilities, and reduction of waste hazard
Also, quantify waste diverted in vol. or wt., and in
percent of total waste generated.
(b) Use one of the following methods to monitor programs and
evaluate compliance with mandated diversion requirements:
(1) Further Waste Generation Study
(2) targeted solid waste characterization studies, to measure
changes
(3) assessment of changes in design, production,
distribution, sale, and/or use of products/packages
which affect waste generation.
(4) another method approved by the Board.
SRRE Checklist page it
1/29/91
( ✓)
(c) From the methods selected, provide
(1) written criteria for evaluating program's effectiveness
(2) identification of agencies/persons/etc. responsible for
monitoring, evaluating, reporting
(3) identification of known monitoring and evaluation funding
requirements, revenues, revenue sources
(4) identification of measures to be implemented if monitoring
shows shortfall in attaining objectives/ diversion mandates.
Measures may include:
(A) increasing frequency of monitoring/review of program
(B) modification of objectives or diversion alternatives
Chapter 6. Special Waste Component
1. Objectives (18733.1, 18737.1)
(based on Solid waste Generation Analysis and other local
conditions as necessary)
(a) State specific objectives to be accomplished during short
and medium-term by this component, including plan to reduce
hazard potential of special wastes by waste type
(b) Identify priority waste categories or types for diversion,
which may be based on
(1) volume/weight/hazard of material
(2) whether material, products, or packaging are made of non-
renewable resources
2. Existing Conditions Description (18733.2, 18737.2)
(a) as applicable, include description of existing diversion
alternatives as follows:
(1) Brief description of existing special waste program,
including description of existing solid waste facilities
permitted to handle/dispose of special wastes.
Where applicable, include discussion of other regulatory
agency requirements, permits, documents associated with
operation of facilities (regulatory agencies include, but
are not limited to: RWQCB, AQMD, DHS).
(2) Quantity (in vol. or wt.) diverted for each alternative,
listed by category and type
(3) Description of alternatives that will be decreased in
scope, effects of this on existing solid waste management, and
effects on attainment of mandated diversion goals.
SRRE Checklist page 12
1/29/91
( V )
(b) Discuss special wastes identified in waste generation
study for which there is currently no permitted handling or
disposal method within the jurisdiction.
NOTE: The above is an important section since it will be "used to
support the quantification of existing diversion alternatives to
determine the current percentage of solid waste diverted". 18733.2
3. Evaluation of Alternatives (18733.3)
(a) Each alternative shall be evaluated in terms of
(1) effectiveness in reduction of waste
(2) hazards created
(3) ability to accommodate change
(4) consequences on the waste (i.e., shifts)
(5) whether can be implemented in short- and medium-term
planning periods
(6) need for expanding/building facilities
(b) For each alternative also include discussion of
(1) consistency with local conditions
(2) institutional barriers to implementation
(3) estimate of costs
(4) availability of end uses of diverted materials
4. Selection of Program (18733.4)
(a) Identify and describe alternatives selected, including
o existing alternatives
o expansions of existing alternatives
o new alternatives to be implemented
(b) For each alternative, discuss
(1) why it was selected, based on data in waste generation
study, and the evaluations above
(2) estimate anticipated quantities to be diverted
o by diversion program and waste type
o for short-term and medium-term planning periods
o in vol. or wt.
o and % it will contribute to 25%/50% goals
(3) as applicable, list of end uses for diverted materials
(based on evaluation above)
(4) as applicable, description of proposed methods for
necessary handling and disposal
(5) as applicable, description of facilities to be used, which
the evaluation has shown must be expanded or built
SRRE Checklist page 13
1/29/91
S. Program Implementation (18733.5)
(a) Identify govt agencies, organizations, etc. responsible
to implement the program
(b) Identify tasks necessary for implementation
(c) Identify short-term and medium-term implementation
schedule addressing each task
(c) Identify known costs, revenues, and revenue sources
necessary for implementation
6. Monitoring and Evaluation (18733.6)
(a) Identify methods to quantify and monitor achievement of
objectives, including diversion from landfills and
transformation facilities, and reduction of waste hazard
Also, quantify waste diverted in vol. or wt., and in
percent of total waste generated.
(b) Use one of the following methods to monitor programs and
evaluate compliance with mandated diversion requirements:
(1) Further Waste Generation Study
(2) targeted solid waste characterization studies, to measure
changes
(3) assessment of changes in design, production,
distribution, sale, and/or use of products/packages
which affect waste generation.
(4) another method approved by the Board.
(c) From the methods selected, provide
(1) written criteria for evaluating program's effectiveness
(2) identification of agencies/persons/etc. responsible for
monitoring, evaluating, reporting
(3) identification of known monitoring and evaluation funding
requirements, revenues, revenue sources
(4) identification of measures to be implemented if monitoring
shows shortfall in attaining objectives/diversion mandates.
Measures may include:
(A) increasing frequency of monitoring/review of program
(B) modification of objectives or diversion alternatives
Chapter 7. Education and Public Information Component (18740)
(a) Objectives
Include statement of objectives for short- and medium-term
planning periods.
SRRE Checklist page 14
1/29/91
(b) Existing Program Description
Describe all existing education and public information
programs and activities within jurisdiction which promote
source reduction, recycling, composting, safe handling and
disposal of solid waste.
(c) Selection of Program Alternatives
Incorporate data from solid waste generation study to identify
generators to be targeted for education and public information
programs.
(d) Program Implementation
(1) Identify agencies/persons/etc, responsible for
implementation
(2) Identify required implementation tasks
(3) Establish short- and medium-term implementation schedules
(4) Identify all public and private program implementation
costs, revenues, revenue sources necessary for program
implementation
(e) Monitoring and Evaluation
(1) Identify methods to be used to measure achievement of
objectives
(2) Establish written criteria by which to evaluate
effectiveness
(3) Identify agencies/persons/etc. responsible for program
monitoring, evaluation, reporting
(4) Identify monitoring/ evaluation funding requirements,
revenues, revenue sources
(5) Identify measures to be implemented if monitoring shows
shortfall in attaining diversion objectives
(6) Establish program monitoring and reporting schedule
Chapter a. Disposal Facility capacity Component (18744)
(a) Identify and describe all existing permitted solid waste
landfills and transformation facilities within the
jurisdiction. Include:
(1) Identification of owner/operator of each facility
(2) Quantity and types of solid waste disposed
(3) Permitted site acreage
(4) Permitted capacity
(5) Current disposal fees
(6) For solid waste landfills, remaining facility capacity in
cubic yards and years.
SRRE Checklist page 15
1/29/91
( Y")
(b) Include solid waste disposal facility needs projection,
which estimates additional disposal capacity (in cubic
yards/yr) needed for 15 years starting in 1991.
(1) Needs projections must be calculated based on solid waste
generation projection in the solid waste generation study.
(2) The 15 -yr needs projection must use the formula in section
18744(b)(2).
(c) Include discussions of
(1) Facilities to be phased out or closed during short- and
medium-term planning periods, and effect on disposal capacity
needs.
(2) Plans to establish new or expanded facilities for the
short- and medium-term planning periods, and projected
additional capacity of each.
(NOTE: The following was added at 1/23/91 Board meeting, and
will undergo 15 day comment period.)
(3) Plans to export waste to another jurisdiction for the
short-term and medium-term planning periods, and the projected
addtional capacity of proposed export agreements.
Chanter 9 Funding Component (18746)
(a) Must demonstrate there is sufficient funding and
allocation of resources for:
(1) Program planning and development
(2) Implementation of programs to meet 25%/50% goals
(b) Provide cost estimates for component programs scheduled
for implementation in the short-term planning period.
(c) Identify revenue sources sufficient to support component
programs.
(d) Identify sources of contingency funding for component
programs.
Chapter io. Integration Component (18748)
(a) Explain how the source reduction, recycling, composting,
and special waste components combine to achieve the 25%/50%
mandates. Include:
(1) Description of solid waste management practices which
fulfill goal of promoting integrated waste management in
the following order:
SRRE Checklist page 16
1/29/91
C f)
(A) source reduction
(B) recycling and composting
(C) environmentally safe transformation and
environmentally safe land disposal
(2) Explain how jurisdiction has integrated the components to
maximize use of all feasible source reduction, recycling,
and composting options
(3) Explain how components jointly achieve diversion mandates
(4) Explain how priorities between components were determined
(b) Submit integrated schedule, which includes:
(1) Calendar scheduling all implementation tasks for new and
expanded programs, through the short-term planning period,
as identified in the first 4 components. Include descriptive
title for each task, entity implementing task, start/milestone
dates, schedule for funding source availability.
(A) implementation tasks are those in each component which
satisfy requirements of 18733.5(b) and 18740(d).
(2) Schedule must show anticipated date of achievement of
25%/50% diversion mandates.
III. TECHNICAL APPENDICES
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U
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: 06/12/91
AGENDA NO.
MEETING DATE: 06/18/91
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Terrence L. Belanger, Assistant City Manager via
Troy L. Butzlaff, Administrative Analyst{
SUBJECT: Draft Recycling and Yardwaste Program j
ISSUE STATEMENT:
In November, 1990, the City Council approved Resolution 90-95 establishing a permit
system for the collection and disposal of solid waste. Pursuant to Section
3.1 of said Resolution each permittee, as a condition of the Solid Waste Permit,
was required to submit a plan for the provision of recycling services within ninety
(90) days of the effective date of the permit.
RECOMMENDATION:
It is recommended that the City Council receive information regarding the draft
comprehensive recycling and yardwaste program and direct staff as necessary.
BACKGROUND:
On November 13, 1990, the City Council, pursuant to Public Resource Code Section
40059 (a), adopted Resolution 90-95 which established the implementing legislation
and procedures for a permit system for the collection and disposal of solid waste
in the City.
In accordance to the provisions set forth by this Resolution, each permitted hauler
was required to submit a recycling plan on or before April 1, detailing their ability
to provide recycling services to each generator type (i.e., residential, commercial,
and construction) for which their company provides waste collection services.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Nuaber:
Deficit: $
Revenue source:
REV m
Robert L. Van Nort Andrew V.-ArgzXnski Terrence L. Be an;
City Manager City Attorney Assistant City Manager
These plans have all been received and individually evaluated by staff to determine
their applicability to established recycling goals. A matrix of these plans entitled
"Proposed Recycling Services" has been developed and was submitted to the Council
under separate cover in late -April.
Pursuant to Council's direction, staff has prepared a draft ordinance which will
serve as the enabling legislation establishing requirements and standards relating
to the collection of recyclable materials. The purpose of this ordinance is to
prevent the unregulated collection of recyclable materials which has the potential
for inconsistency with established recycling and waste reduction goals, leads to
disparity in services and types of materials collected, and creates a potential
lack of accountability and divergent reporting practices amongst permitted haulers.
The proposed programs, as established under this Ordinance, would include but are
not limited to single family curbside collection (Commingled), multi -family and
commercial source separated collection, customized commercial collection programs
(i.e., bar, restaurant, office), commercial waste audits, city-wide quarterly clean
up events, public education and information, and a yardwaste collection program
for single family residences. Materials to be collected under the proposed ordinance
are as comprehensive as possible in order to achieve the an estimated diversion
rate in the short term of 7% for residential generators and 6% for multi -family
and commercial generators.
Recently, the consultant to the Integrated Waste Management Joint Powers Authority
indicated that the City should explore the feasibility of adopting such an ordinance
or contractual arrangement. This is due in part to the City's existing low diversion
rate of 9.7% and to establish standards and uniformity in the type of recycling
programs implemented, materials collected, type of container and/or bin utilized,
and frequency of collection that are considered vital in complying with the provisions
of Assembly Bill 939.
In developing this ordinance, staff considered several options and contacted other
cities that have adopted similar ordinances for information regarding the type of
program(s) and standards that has been implemented in their jurisdiction. Generally,
the majority of these cities have implemented their ordinance in conjunction with
an exclusive franchise or some type of contractual agreement which enable them to
require and set standards for the collection of recyclable materials. Overall,
the adoption of such an ordinance has been deemed successful in achieving the type
of uniformity and collection standards necessary to comply with state waste reduction
goals.
DRAFTORDINANCE NO. X -XX DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING REQUIREMENTS AND
STANDARDS RELATING TO THE COLLECTION OF
RECYCLABLE MATERIALS.
A. RECITALS
(i) The City Council has adopted Ordinance 2-90 which
establishes standards for the collection and disposal of refuse,
trash, rubbish and other forms of solid waste; and
(ii) Section 3 of said Ordinace states "that the City
Council shall have the authority to i� ermits to regulate the
collection and disposal of refuse ,.;;1� rubbish and other forms
of solid waste"; andXV
er
(iii) Section 4 of r rdinance states "that no person
shall engage in the busi collecting, removing or disposing
of any refuse, trash, h, green wastes, recyclable materials
or other solid waicluding hazardous wastes or infectious
medical waste the City any residential unit or
Y
commercial Bre4nises, nor transport the same over any public streets
or rights-of-way, unless a permit to do so has first been obtained
from the Council and such person complies with the provisions of
this Ordinance and any other regulations which have been adopted
pursuant to this Ordinance"; and
(iv) The City Council has adopted Resolution 90-95
establishing a permit system for the collection and disposal of
with the recycling requirements generally set forth in Section 6 of
said Ordinance (Ordinance 2-90)." In addition, "each permittee
shall provide proof of compliance as specified in the law,
ordinance, resolution, policy, plan or program or upon written
request from the City Manager"; and
(vi) The City Council finds and declares that the
regulation of recycling services in the City is necessary and
appropriate in that;
(a) The reauction of the amount of solid waste and the
conservation of recyclable materials is an important public concern
by reason of the growing problem of solid waste disposal and its
impact upon the environment; and
(b) Recently enacted state lelation (AH 939) requires
the City to prepare, adopt and subm by July 1, 1991, a Source
Reduction and Recycling Element h identifies how the City will
divert through a combination, ) vsource reduction, recycling and
J
composting programs 25% olid waste from landfill by 1995 and
50% or the maximum amo feasible by the year 2000; and
(c) Uni� 'ty in the type of recycling program
implemented, materi is collected, the type of container and/or bin
utilized, and frequency of collection will be vital for compliance
with the statutory requirements set forth by this legislation;
and
(d) The unregulated collection of recyclable materials
creates the potential for inconsistency with established recycling
goals, disparity in services and types of materials collected, lack
of accountability, and divergent reporting practices amongst
permitted haulers.
(vii) Section 40059 of the California Health and Safety
Code generally provides that aspects of solid waste handling which
are of local concern, including, but not limited to, frequency of
collection, means of collection and transportation, level of
service, charges and fees, and nature, location, and extent of
providing solid waste handling services or those services which are
consistent with Section 40191 may be granted under terms and
conditions prescribed by the governing body of the local
governmental agency by resolution or ordinance.
SECTION 1: Legislative Policy. The City Council
recognizes that recycling and waste ion is of national,
regional and local importance, at an effective waste
management program is essential. tect the health, safety and
welfare of Cit residents. \�it Council further finds and
determines that a unif program for the collection and
recycling of aluminum,i--metal containers, glass, PET plastic
beverage contain d corrugated containers, newspapers, and
mixed paper, withiO he City of Diamond Bar and the permitting of
persons engaged herein is designed to eliminate or alleviate such
problems.
Therefore, this ordinance is hereby enacted to increase
participation rates, improve recyclable material recovery rates,
reduce landfill dependency, and ultimately maintain a cost
effective overall garbage, rubbish, refuse or recyclable material
collection program for the citizens, businesses, and institutions
of the City of Diamond Bar.
SECTION 2: Definitions. For the purpose of this
Ordinance, the following words and phrases are defined and shall be
construed as hereinafter set out, unless it is apparent from the
context that a different meaning was intended:
A. 'City' means the City of Diamond Bar.
B. 'City Clerk' means the City Clerk of the City of Diamond
Bar of her designee.
C. 'City Manager' means the City Manager of the City of
Diamond Bar or his designee.
D. 'Council' means the City Council of the City of Diamond
Bar.
E. 'Commercial Premises' means buildings, structures and
areas used principally for business�,,&commerciai of industrial
purposes, and including the follow -hotels, motels, and all
other places that are not defi residential units in this
section. v
F. 'Commingle' meai' blend together similar RECYCLABLE
MATERIALS -such as MIXED' , green and clear glass, aluminum and
bi-metal container. eparated from disposable materials in the
waste stream.
G. 'ComP oiin ' means the method of waste treatment in which
g
organic solid wastes are biologically decomposed under controlled,
aerobic or anaerobic conditions.
H. 'Composting facility' means a permitted solid waste
facility at which composting is conducted.
I. 'Green Wastes' means vegetative cuttings, shrubs, stumps,
brush, tree trimmings, grasses and related materials which have
been separated from other solid waste. Green waste does not
include stumps with diameters exceeding 10 inches.
J. 'Corrugated Container' means a paperboard container
fabricated from two layers of kraft linerbroad sandwiched around a
corrugated medium. Kraft linerbroad means paperboard made from
wood pulp produced by a modified sulfate pulping process, with a
base weight ranging from 18 to 200 pounds, manufactured for use as
facing material for corrugated or solid fiber containers.
Corrugated medium means paperboard made from chemical or
semichemical wood pulps, straw or reclaimed paper stock, and folded
to form permanent corrugations.
K. 'Curb or Curbside' means within five (5) feet of the
public street without blocking sidewalks, driveways or on -street
parking. If extraordinary circumstances preclude such a location,
curbside shall be considered a placement suitable to the resident,
convenient to the permittee's equipment, and mutually agreed to by
the CITY and the PERMITTEE.
L. 'Inaccessible Area' means a d that does not allow
for safe access, turn -around, or c nce for a small wheelbase
service truck.
M. 'Large Complex4
44
ences' means all apartments and
condominiums in compl over five (5) RESIDENTIAL UNITS.
N. 'Mixed means magazines, junk mail, phone books,
bond or ledger gr'a�, card board and paper board packaging.
O. 'Occupant' means and includes every owner of, and every
tenant or person who is in possession of, is the inhabitant of, or
has the care and control of, an inhabited RESIDENCE.
P. 'Permit' means written authority granted by the CITY to
any person or firm to collect garbage, rubbish and trash as
evidenced by contract, franchise, certificate or other writing.
Q. 'Permittee' means any refuse collector authorized by the
CITY MANAGER to collect refuse within the CITY.
R. 'Recyclable Materials' means aluminum and bi-metal
containers, newsprint, MIXED PAPER, glass bottles or jars (CA
Redemption and other glass), plastics (CA Redemption and other
plastics), GREEN WASTE and such materials that the City and each
permittee have determined to be recyclable.
S. 'Recycling' means the process of collecting, sorting,
cleansing, treating, and reconstituting materials that would
otherwise become solid waste, and returning them to the economic
mainstream in the form of raw materials for new, reused, or
reconstituted products which meet the quality standards necessary
to be used in the marketplace.
T. 'Recycling Bin' means a CITY approved bin owned and
provided by a PERMITTEE which is suitable for on-site collection,
storage, and set out of SOURCE SEPARATED RECYCLABLES at multi-
family and commercial locations. A recycling bin shall not exceed
three (3) cubic yards or 95 gallons if whe',vl based and shall be
clearly identified with the PERMITTEE "I,,11apany name or logo and
the universal recycling logo. \\\�
U. 'Recycling Container'\tns a CITY approved container
owned and provided by a PE v which is suitable for household
collection, storage, CURBSIDE set out of COMMINGLED
RECYCLABLES. A rec container shall not exceed 18 gallons and
�
shall be clearly�ified with the PERMITTEE'S companyname or
logo and the universal recycling logo.
V. 'Residence' means a living space individually rented,
leased, or owned.
W. 'Residential Unit' means one unit houses, duplexes,
triplexes, fourplexes and mobile homes located on a public street
or private road. RESIDENCES located in an INACCESSIBLE AREA or on
a private drive will be eligible for service upon the discretion of
the PERMITTED hauler.
X. 'Small Complex Residences' means all apartments and
condominiums in complexes of four (4) RESIDENTIAL UNITS or less.
Y. 'Source Separated' means the segregation, by the
generator, of materials designated for separate collection for some
form of materials recovery or special handling.
Z. 'Yard Waste' means any wastes generated from the
maintenance or alteration of residential landscapes including, but
not limited to, yard clippings, leaves, tree trimmings, prunings,
brush, and weeds.
SECTION 3: The City Council of the City of Diamond Bar adopts
a comprehensive recycling and composting policy as set forth in
Exhibit A, attached hereto and incorporated by this reference as if
set forth in full.
SECTION 4: The City Council f 'pursuant to Title 14 of
J�
California Administrative Code, Sec 15378, that this Ordinance
is exempt from the requirement`ss the California Environmental
Quality Act (CEQA) in that:
A. It is not a Pro' s provided by the ACT, in that it
does not have potentia resulting in a detrimental physical
change in the enviro directly or ultimately as provided in
Title 14, Section 14 (a);
B. In that it is further exempt under the definition of
Project in Section 15378 (b)(3) in that it concerns general policy
and procedure making;
C. In that is can be seen with certainty that there is no
possibility that the activity may have a significant effect upon
the environment pursuant to Title 14, Section 15061 (b)(3); and
D. In that the action taken is an action by a regulatory
agency that will both enhance and protect the environment and
thereafter categorically exempt pursuant to Title 14, Section
15308.
SECTION 5: The City Clerk shall certify to the passage of
this Ordinance and shall cause this Ordinance 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 , 1991.
MAYOR
I, LYNDA BURGESS, City Clerk City of Diamond Bar, do
hereby certify that the fore ' Ordinance was introduced at a
regular meeting of the. -�� of the Cit of Diamond Bar held on
g 9 � Y
the day of 1991, and was finally passed at a
regular meeting o he 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:
ATTEST:
City Clerk
L Exhibit "A"
COMPREHENSIVE RECYCLING AND COMPOSTING
PROGRAM DESCRIPTION
INTRODUCTION
According to recent estimates, the City of Diamond Bar disposes of 166 tons of solid
wastes per day, about 60 thousand tons per year 1. This is equivalent to an incredible
6.2 pounds per day per every man, women, and child in the City 2.
If the City's 60 thousand tons of solid wastes arlually dumped in garbage
cans, loaded into trucks, and disposed of in ndfill with the trash from all the
other cities in the San Gabriel VaJl", 44arly 90 percent of it is --it will fill all of
remaining local landfill caRqqk`r� the year 1999. Consequently, residents of
Diamond Bar as well VI*
other communities in the Los Angeles Basin may be
forced to pay higheiKrash costs or seek other methods of disposing solid waste.
It is in this environment that the Diamond Bar City Council is striving to create a
comprehensive set of programs for the recovery of recyclable materials. To this end,
the City Council hereby establishes the following program with the intent of instituting
uniformed standards for the collection of recyclable materials.
1 Based upon the City's Waste Generation Study conducted by EMCON Associates January, 1991.
2 Figure derived from extrapolation of Waste Generation data May, 1991.
Draft 002.1-06/14/81
1.0.0 COLLECTION SERVICE --ESTABLISHMENT
A recyclable materials and yardwaste collection program is established and shall
be available to all persons, residences, businesses and institutions in the City of
Diamond Bar for the purpose of providing for the orderly and regular collection of
recyclable materials and yardwastes within the City under this program.
Establishment and operation of a collection program does not preclude the operation
of certified recycling centers created pursuant to Division 12.1 of the California Public
Resources Code and/or charitable entity recycling programs.
1.1.0 PERMITTED WASTE HAULERS --DUTIES (; "�? v
Any refuse collector authorized to operate in• tK*� Wunder the provisions of
a Solid Waste Permit must offer recyclable mMI,c(flection services to all persons,
residences, businesses and instituti the City pursuant to the standard
regulations for the methods o n of recyclable materials, types of materials
collected, frequency of and civil and/or criminal remedies available for
enforcing this chapter as set forth by this Ordinance.
1.1.1 Effective Date
Upon approval of this Ordinance, any refuse collector authorized to collect,
remove, and dispose of residential waste under the provisions of a Solid Waste Permit
and defined hereafter as a permittee must provide recyclable materials collection
Draft 002.1-08114!81
2
services to all single family residences as defined herein within ninety (90) days of the
effective date of this Ordinance. Any refuse collector authorized to collect, remove,
and dispose of commercial waste under the provisions of a Solid Waste Permit and
defined hereafter as a permittee must provide recyclable materials collection services
to all large family residences and commercial premises as defined herein within one
hundred and twenty (120) days of the effective date of this Ordinance.
1.2.0
1.2.1
SINGLE FAMILY CURBSIDE COLLECTION
Single Family Collection Generally
' yl
The City's single family recycling program-`, d'to cover all residential
units defined in this chapter. Pick up q amaterials should be provided on
the same day as regular
signed up for rec
collection of eligible
providing each residential unit, that has
, one recycling bin suitable for the commingled
rials as defined in this chapter.
1.2.2 Collection Days and Time
Collection from all single family residences and small complex residences of four
(4) units or less shall be made on a regular schedule on the same day of the week and
as usual refuse collection. All materials shall be simultaneously collected. All
Draft 002.1-08114/91
2
collections from residential areas and areas immediately adjacent to residential areas
shall be made between the hours of 6:00 a.m. and 6:00 p.m. unless the City Manager
authorizes a temporary extension of hours. Receptacles containing commingled
recyclable materials for residential units shall be placed at the curb for collection on
the day established by the City for the collection of such materials; but shall not be
placed at curbside earlier than 12 hours prior to the date and time for scheduled
collection, nor left remaining at curbside longer than 12 hours following the date and
time- for scheduled collection.
1.2.3 Eligible Residences
v
The single family program will serve all sirl mily residences and small
complex residences of four (4) units or less I a`tl on public streets and private roads
that have signed up for recycling Residences located in an inaccessible area
or on a private drive will i le for service at the discretion of the permitted
hauler. V�
1.2.4 Eligible Materials
Materials to be collected should include but are not limited to the following:
corrugated containers, mixed paper, newsprint, plastic (CA Redemption and other
plastics), glass (CA Redemption and other glass), aluminum, and bi-metal cans.
Draft 002.1-09/14/81
4
1.2.5 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Ordinance the permittee,
prior to providing collection services, shall provide to each single family residential unit
a single City approved 18 gallon recycling container suitable to store commingled
recyclable materials for curbside pickup. Each container should be clearly identified
with the permittee's company name or logo and the universal recycling logo.
Container delivery shall be coordinated with delivery of promotional information
describe in Section 1.8.0 and should be completed within seven (7) days from its
commencement. After the initial delivery cycle, containers and promotional
information should be delivered to new residential accounts with fourteen (14) days
J
of the account's effective start date. J�v
vv
B. A permittee, without expense S City or the resident, and within
seventy-two (72) hours after notice,, jDA 'replace lost or stolen containers and those
which have be takenor da by the permittee during collection. The permittee
shall maintain record; st, stolen, and damaged containers by specific address and
shall provide these records upon request of the City. When a repetitive pattern of loss
or damage exists, then the permittee shall investigate to remedy the situation. If the
situation dictates; and with the approval of the City Manager, the permittee may
charge for replacement containers based upon the actual cost of the container.
Draft 002.1-08/14191
s
Containers damaged due to normal wear and tear shall be replaced within the time
frame of one collection cycle.
C. It is the duty of every person participating in the City's residential
recycling program to maintain recycling containers in a reasonably safe and secure
manner; and all such containers shall be so placed and kept at the designated
collection location so as to be readily accessible for the removal and collection
therefrom and placed that they will not be a public nuisance or in any degree
offensive.
1.3.0
1.3.1 Yardwaste Collection
The City wishes to e possibility of establishing a city-wide residential
U
yardwaste collect' am for use in the County Sanitation District's green waste
landfill cover program or other uses deemed appropriate. The curbside yardwaste
program should be made available to those single family residences that receive
curbside recycling services. Collected materials should include leaves, grass, and
clippings of woody as well as fleshy plants. Materials to be collected must be placed
in City approved biodegradable kraft or plastic bags, containers, or cut and tied into
bundles not exceeding four foot in length nor eighteen inches in diameter to a
Draft 002.1-00/14191
a
maximum or 50 pounds. In addition, a separate collection program will be developed
for Christmas trees not exceeding seven (7) feet in height or 75 pounds.
1.3.2 Collection Days and Times
Collection from all single family residences shall be made on a regular schedule
on the same day of the week as usual refuse collection. All materials shall be
simultaneously collected. All collections from residential areas and areas immediately
adjacent to residential areas shall be made between the hours of 6:00 a.m. and 6:00
p.m. unless the City Manager authorizes a temporaryex >pion of hours. During the
v
months of December, January, and February, y � hall be collected biweekly
or as conditions warrant. O
vok
1.3.3 Eligible R
The single farm rogram will serve all single family residences located on
public streets and private roads that receive curbside recycling services. Residences
located in an inaccessible area or on a private drive will be eligible for service if
materials are set out adjacent to a public street or private road.
1.3.4 Eligible Materials
Materials to be collected should include but are not limited to the following:
leaves, grass, and clippings of woody as well as fleshy plants.
Draft 002.1-08/14/91
1.3.5 Container Required
A permittee is not required to provide containers for the collection of
yardwastes at this time, but most provide suggestions about how participants should
store and properly set out yardwaste materials.
1.3.6 Public Information and Education
Upon implementation of a curbside yardwaste program, each permittee will be
responsible for the preparation and implementation of a public information and
education program consistent with Section 1.8.0. The program shall be prepared in
coordination with the City and well in advance of tho uction of the program.
1.3.7 Christmas Tree Recycli
0
The City desires to crea as Tree recovery and recycling program for
all residential units. T � this program is to recover Christmas Trees, which
are normally dispos local landfills, to be grinded into mulch for use with the
County Sanitation District's green waste cover program, in City parks facilities or
made available to residents for use in their gardens or yards. Trees should not exceed
seven (7) feet in height or a total of 75 pounds and must be devoid of decorations.
Flocked or sprayed trees will not be accepted. The City will coordinated with the
permitted haulers in developing the necessary program guidelines.
Draft 002.1-06/14/91
8
1.4.0 MULTI -FAMILY ON-SITE RECYCLABLES
1.4.1 Multi -Family Collection Generally
The City's multi -family program is designed to cover all residential units not
included in the single family program. This includes complexes that contain five (5)
or more units. Collection should be located on-site by providing one or more
convenient to use recycling bins, usually near an existing refuse enclosure. In
addition, a permittee may use pre -approved individual collection containers to collect
commingled materials. Collections from all multi -family units should be made on an
a regular basis.
1.4.2 Collection Days and Times
Collection from participati
� v
�o
�plex residences consisting of five (5) or
more units shall be made_��lV�lr schedule. The permittee shall show, on a map
furnished by the City Manalor or his designee, the day of the week recyclables shall
be collected from each participating complex. All collections from residential areas
and areas immediately adjacent to residential areas shall be made between the hours
of 6:00 a.m. and 6:00 p.m. unless the City Manager authorizes a temporary
extension of hours. Receptacles containing source separated recyclable materials for
large complex residences shall be of a size and serviceability consistent with the
provisions of this Ordinance and thereafter placed at a designated collection location.
Draft 002.1-06/14191
9
1.4.3 Eligible Complexes
The multi -family collection program shall serve all large complex residences in
multi -family complexes that are willing to participate. Complex owners, managers or
homeowner associations must sign-up for the program through their respective waste
hauler.
1.4.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and condi-ions of this Ordinance the permittee,
prior to providing collection services, shall provide to each large complex residence a
1
City approved recycling bin not to exceed three (pj « �*ierds suitable to store
O
source separated recyclable materials to be migl4N#Wle for pre -designated pickup.
If individual collection bins are provid%l`)I not exceed 95 gallons and must be
equipped with a wheel base fm ient use. Each bin should be clearly identified
with the permittee's c me or logo, the universal recycling logo and the types
of recyclable materials accepted. Bin delivery shall be coordinated with delivery of
promotional information describe in Section 1.8.0 and should be completed within ten
(10) days from the account commencement date. After the initial delivery cycle, bins
and promotional information should be delivered to new accounts with fifteen (15)
days of the account's effective start date.
Draft 002.1-06/14/91
10
B. A permittee, without expense to the City, resident, or multi -family
complex, within seventy-two (72) hours after notice, shall replace lost or stolen bins
and bins which have be taken or damaged by the permittee during collection. Each
permittee shall maintain record of lost, stolen, and damaged bins by specific address
and shall provide these records upon request of the City. When a repetitive pattern
of loss or damage exists, then the permittee shall investigate to remedy the situation.
If the situation dictates, and with the approval of the City Manager, the permittee may
charge for replacement bins based upon the actual cost of the bins. Bins damaged
due to normal wear and tear shall be replaced within the time frame of one collection
cycle.
O�
o�
1.5.0 COMMERCIAL ON -SIT R
% \j0
1.5.1 Commerd i g Generally
The City's commercial recycling program is designed to offer different types of
recycling services to businesses and institutions depending upon the types of
materials generated. In addition, the City encourages permitted hauler to develop
educational programs to assist individual businesses and institutions in
identifying the types of waste categories that can be reduced or recycled at a specific
site.
Draft 002.1-06114/91
1.5.2 Collection Days and Times
A. Collection from participating businesses and institutions shall be made
on an as needed basis or as conditions warrant.. The permittee shall show, on a map
furnished by the City Manager or his designee, the day of the week recyclables shall
be collected from each participating complex. All collections from residential areas
and areas immediately adjacent to residential areas shall be made between the hours
of 6:00 a.m. and 6:00 p.m. unless the City Manager authorizes a temporary
extension of hours. Collection shall occur on weekdays only, however, Saturdays
may be utilized for commercial and industrial accounts if permitted by the City
Manager and for "make-up" work due to holidays.
B. Receptacles containing source s recyclable materials for
commercial and/or institutional locati c(f a size and serviceability consistent
with the provisions of this
location. SKI
1.5.3 Eligible Businesses and Institutions
it placed at a designated collection
The commercial collection program shall serve any business or institution that
is willing to partioipate. Business owners, managers or property owners must sign-up
for the program through their respective waste hauler. Businesses or institutions can
become ineligible as a result of high levels of contaminated materials. In this case,
Draft 002.1-08/14/81
12
the permittee shall notify the business owner, manager or property owners of the
contamination and how it can be mitigated. If the contamination persists, the
permittee shall notify the business or institution that recycling services will be
suspended until further notice or until the contamination has been rectified.
1.5.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Ordinance the permittee,
prior to providing collection services, shall provide to each business and/or institution
a City approved recycling bin not to exceed three (3) cubic yards suitable to store
source separated recyclable materials to be made available for =designated pickup.
Each bin should be clearly identified with the permittqC'' ny name or logo, the
V�'
universal recycling logo and the types of red,}" erials accepted. If individual
collection bins are provided, the eed 95 gallons and must be equipped
with a wheel base for co ; Bin delivery shall be coordinated with delivery
of promotional information escribe in Section 1.8.0 and should be completed within
ten (10) days from the account commencement date. After the initial delivery cycle,
bins and promotional information should be delivered to new accounts with fifteen
(15) days of the account's effective start date.
B. A permittee, without expense to the City, business and/or institution,
within seventy-two (72) hours after notice, shall replace lost or stolen bins and bins
Draft 002.1-04114/91
13
which have be taken or damaged by the permittee during collection. Each permittee
shall maintain record of lost, stolen, and damaged bins by specific address and shall
provide these records upon request of the City. When a repetitive pattern of loss or
damage exists, then the permittee shall investigate to remedy the situation. If the
situation dictates, and with the approval of the City Manager, the permittee may
charge for replacement bins based upon the actual cost of the bins. Bins damaged
due to normal wear and tear shall be replaced within the time frame of one collection
cycle.
1.5.5
Waste Evaluations
A permittee shall offer technical assista
materials to participating businesses or
information and educational
businesses and institutio
reduced or recycled at a sp
site.
1.5.6 Office Paper Recycling
on and educational
no charge. Such assistance,
d be designed to assist individual
ng the types of waste categories that can be
An office paper recycling program should be offered to businesses that meet
certain generation criteria. The objective of this program is to provide on-site
recycling services to businesses and institutions which produce large volumes of
Draft 002.1.06/14/81
14
waste paper. Materials collected should include: magazines, junk mail, phone books,
bond or ledger grade paper, cardboard and paper board packaging. Individual bins not
exceeding 95 gallons and small bins not exceeding three (3) cubic yards may be used
for collection. In addition, the permittee should provide suitable collection receptacles
for use in an office environment. Business owners or managers, or business park
owners or managers, must sign-up for the program through their respective hauler.
Collection should be made on an as needed basis.
1.5.7 Restaurant and Bar Program S
Restaurants and bars can receive collect' a separated PET plastic
bottles, container glass, aluminum and usiness owners or managers will
be responsible for the educati Jemployees and the provision of proper
screening of recyclable mat ?�i'order to avoid contamination. Collections should
be made on an as needed basis.
1.6.0 QUARTERLY CLEAN UP EVENTS
The City. wguld like to implement four clean-up days held quarterly beginning
in 1992. These events are designed to encourage individuals and businesses to
spruce up their garages and offices. Permitted haulers would be directed to provide
Draft 002.1-08/14/91
1s
collection services at a centralized location for those materials that are difficult to
dispose of such as: scrap metal and appliances, usable household goods, plastics,
tires, and other recyclables. Household hazardous wastes and other non -recyclable
materials will not be collected and will be referred to appropriate County and private
programs.
1.7.0 WASTE MOTOR OIL PICKUP
A permittee shall provide for the collection and disposal of limited quantities of
waste motor oil to qualified residential units. Waste motor oil must be placed in a
resealable plastic container, be clearly identified as used andjor waste motor oil and
placed at the curb on the same day of the week Alf Muse collection. Each
residential unit is eligible to dispose of a m4eikn*�W four (4) quarts per month. A
permittee retains the right to refuse
under this chapter, is leakin
it exceeds the maximum allowable
e in an unacceptable condition, or has been
visibly contaminated other substance.
1.8.0 PUBLIC EDUCATION AND INFORMATION
1.8.1 Public Education and Information Generally
The mission of the public education and information program shall be to create
widespread awareness of diversion activities taking place in the community, as well
Draft 002.1-06/14191
16
as, motivate participation in all of the City's recycling programs.
1.8.2 Public Education and Information Program
A. The permittee shall prepare and implement a public education and
information program. The program shall be prepared in coordination with the City and
well in advance of the introduction of City sanctioned recycling services. This
program shall, at a minimum: familiarize residents and business owners/managers
with essential waste reduction and recycling concepts; explain the benefits of
recycling; explain the purpose and the manner of the 'ty sanctioned recycling
program; show the convenience of the whole rang c ung activities in the City
O
(both existing and proposed); and how to ob i er information.
B. The public education an tion program shall be consistently
presented throughout the serve �` '" d shall be at the cost of the permittee.
Publicity must emphasizUx"--'!
l�aterials to be collected. Activities shall include
assisting the CityManar a designee in City wide publicity; attending interviews
scheduled with the media and attending meetings with representatives of the solid
waste and secondary materials management industries, in order to explain the
program. The City may supplement the program with newsletters and other means
of communicating with the public. The content of all written materials is subject to
the review and approval of the City Manager.
Orsk 002.1-08!14191
17
1.8.3 Technical Information Sheet
The permittee shall prepare a technical information sheet which explains the
operation of the recycling program, the delivery schedule for recycling bins and
containers (where necessary), material preparation, the garbage/recycling rate
structure (if applicable), and the anticipated affect that recycling will have on the
waste generation habits and waste stream volumes of the City. This sheet, along
with an official City of Diamond Bar letter, shall mailed four (4) weeks prior to the
start of collection.
1.8.4 City Letter
The City Manager shall prepare an offici er which will briefly explain
the program background, the program irr}fl tion schedule; and the responsibility
of the participants.
�117�
OoaN-
1.9.0 REP, RTING
1.9.1 Reporting Generally
A. The permittee is required to keep records and submit reports to comply
with the City's reporting requirements. These reports will serve as a means to
Draft 002.1-06/14191
18
appraise City staff of the status of recycling activities and expenditures. The tabular,
statistical records shall be kept in either ASCII or other commonly used data
interchangeable formats. The data, at the most detailed level, must be preserved for
historical trend analysis.
B. The permittee shall provide certified weight receipts for all materials
collected each week by the permittee. Weights must be obtained from a certified
scale approved by the Director of Public Works or his designee. Estimated material
weight shall be calculated according to the standards set forth by the California
Integrated Waste Management Act of 1989 (AB 939) or in a manner prescribed by the
City.
o e`�
�V)
1.9.2 Quarterly Program Rap& �
The permittee shall ^1tterly program status reports. These reports will
be due within fifte—GI, rking days of the close of the quarter being reported.
At a minimum the \reports shall include:
i) Summaries of total number of accounts by category served by regular
recycling collection;
ii) Summaries of tonnages of each material sold or otherwise exchanged for
processing, by material;
iii) Summaries of tonnages of non-recyclables and contaminants disposed;
iv) Summaries of program costs and reverfues;
Draft 002.1.08114/81
19
V) A discussion of the program's highlights, types of problems and the
measures taken to resolve the problems and increase efficiency and participation
rates;
vi) A discussion of any public education and information activities and their
impact on participation and waste stream volumes.
1.9.3 Ad Hoc Reports
Pursuant to the terms and conditions of the Solid Waste Permit the permittee
agrees to provide up to six (6) reports of varying det nd format, as specifically
requested by the City Manager or his designee u foreseeable informational
queries.
`may\
7-
1.10.0 COLLECTIONA TH RIZED PERSON
A. Not ing the provisions of Section 12 (c) of Ordinance 2-90, it
shall be a violation of this Ordinance for any person unauthorized by the City to collect
or pick up or cause to be collected or picked up any such items during the twenty-four
hour period commencing at sunset on any day preceding a day designated for
collection. Any a-nd each collection in violation hereof from one or more residences
or commercial premises during said twenty-four hour period shall constitute a separate
and distinct offense punishable as hereafter provided.
Draft 002.1.08/14/91
20
B. Any person engaged in the unauthorized collection of recyclable materials
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine as set forth in Section 1.12.0. Any such unauthorized collections
from one or more locations within the City shall constitute a separate and distinct
offense.
1.11.0 MARKETING AND TRANSPORTATION
1.11.1 Permittee to Make Arrangements
The permittee is responsible for establishiarketing and transportation
arrangements for the materials collected in ea Equipment used for storage
and transport of materials may be owngo o d by the permittee or the market
providing that the specifications. T6rictions on collection trucks pursuant to
r-Z�
Section 21 of Ordinance 2-90. , ntained.
1.11.2 40
A permittee shall not spill or drop collected materials on City, County, or State
roads during collection transport or transport to market. If a spill occurs, the
permittee shall clean up the debris within three (3) business hours unless the spill
poses a hazard to the public as determined by the City Manager, in which case
immediate clean-up is required.
Draft 002.1-06/14/91
21
1.11.3 Landfill Regulated
The permittee shall be prohibited from landfill disposal of collected recyclable
materials or from marketing materials that will be landfilled. Landfill of non -recyclable
materials or materials that have been contaminated in the collection process is
allowable.
1.12.0 VIOLATION AND PENALTY
It shall be unlawful for any person, firm, partnership, or corporation to violate
any provision or to fail to comply with any of the req u' ments of this Ordinance. Any
person, firm, partnership, or corporation viola i y rovision of this Ordinance or
10
failing to comply with any of its W i is shall be deemed guilty of a
misdemeanor and upon convicti �Tbb'f shall be punished by a fine not exceeding
one thousand dollars ($1 n�by imprisonment not exceeding six (6) months.
vim.
Each such person artnership, or corporation shall be deemed guilty of a
separate offense fi�yeach and every day or portion thereof during which any violation
of any of the provisions of this Ordinance is committed, continued or permitted by
such person, firm, partnership or corporation, and shall be deemed punishable thereof
as provided by -this Ordinance.
Draft 002.1-08/14/91
1.12.1 Revocation of Permit
A. The City Manager or his designee may revoke a Solid Waste Permit
issued pursuant to the provisions of Resolution 90-95 if it has been determined that
the permittee has not complied with the provisions of this Ordinance, the Solid Waste
Permit, and all other applicable statutes, ordinances, rules and regulations governing
the collection and disposal of solid wastes. The City Manager shall serve the
permittee with a Notice of Noncompliance to revoke the Solid Waste Permit if
noncompliance is not corrected within thirty (30) days.
B. If noncompliance is not corrected wi hirvth "!;�qve-prescribed thirty -day
(30) period, the City Council, following ab
P � i g upon at least ten (10) days'
\� `vJ
written notice to the permittee Qte the permit.
1.12.2 CivilUles Available 4\
The violation of any of the provisions of this Ordinance shall constitute a
nuisance and may be abated by the City through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
Draft 002.1.06114/91
23
1.1 .0 SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence, or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance
shall remain in full force and effect.
Draft 002.1-06/14/81
24
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 21, 1991
CALL TO ORDER: M/Forbing called the meeting to order at 6:00
p.m. in the Council Chambers, W.V.U.S.D., 880 S.
Lemon Avenue, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance
ALLEGIANCE: by resident Al Rumpilla.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim, Councilmen
Werner, Nardella and Papen.
Also present were City Manager Robert L. Van Nort,
Assistant City Manager Terrence L. Belanger, City
Attorney Andrew V. Arczynski, Director of Planning
James DeStefano, City Planner Emeritus Irwin
Kaplan, City Engineer Sid Mousavi, Parks and
Maintenance Director Charles Janiel and City Clerk
Lynda Burgess.
PUBLIC COMMENTS: Mr. Jack Nelson informed the Council that his and
approximately 150 other residences in "The
Country" are on failing septic tanks and the only
known solution is to install a sanitary sewer
system. A feasibility study must be prepared,
costing between $10,000 and $15,000. He requested
that the City consider providing the funds for the
study with reimbursement by the homeowners to the
City upon the sale of bonds for construction of
the sewer system. He further requested City
assistance with framing a petition for
circulation.
CA/Arczynski recommended that, along with the
report and ancillary information from staff, they
also look into whether or not public financing is
available since the streets in question are
private.
CM/Van Nort indicated the matter would be reported
on by staff at the July 2nd meeting.
MPT/Kim stated that this is a public health issue
and that the City should be involved. He sug-
gested that the City look into County or State
funding and, if none available, look into
alternatives for discussion July 2.
C/Werner requested that staff keep track of their
time on this project.
CONSENT CALENDAR: C/Werner moved, seconded by MPT/Kim to approve the
Consent Calendar with the exception of the Minutes
of May 7, 1991 (C/Papen requested the City
Attorney to review the Minutes due to statements
attributed to her that she did not make and the
Minutes should be corrected). Motion carried by
MAY 21, 1991
PAGE 2
the following Roll Call vote:
Warrant Register Approved Warrant Register dated May 21, 1991 in
the amount of $888,655.98.
Planning Comm. Received and filed Planning Commission Minutes
Minutes of January 10, 1990, July 9, 1990 and April 22,
1991.
Surety Bond
AYES: COUNCILMEN - Werner, Nardella, Papen,
Release
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Schedule Future
A. Parks & Recreation Commission - May 23, 1991
Meetings
- 7:00 p.m., Community Room, 1061 S. Grand
B. General Plan Advisory Committee - May 23,
Surety Bond
1991 - 7:00 p.m., Diamond Bar Hotel, 225
Releases
Gentle Springs Rd.
C. City Council Meeting - June 4, 1991 - 6:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon
D. First Concert in the Park - July 3, 1991 -
6:30 p.m., Sycamore Canyon Park
Approval of
Approved Council Minutes of Regular Meeting
Minutes
April 16, 1991 and Budget Study Session of May 2,
1991.
Warrant Register Approved Warrant Register dated May 21, 1991 in
the amount of $888,655.98.
Planning Comm. Received and filed Planning Commission Minutes
Minutes of January 10, 1990, July 9, 1990 and April 22,
1991.
Surety Bond
Released Surety Bond No. 4/004-518832-3 for
Release
grading at 23904 Ridgeline Rd., Lot 79, Tract No.
42533 and directed City Clerk to send Council
action to principals involved.
Bond Reduction
Approved work completed and reduced bond in the
amount of $32,000 and directed City Clerk to send
Council action to principals involved.
Surety Bond
Approved work completed and exonerated Bond No.
Releases
6323230, Street Tree Improvements for Tract No.
31153 in the amount of $6,560, vicinity of Diamond
Bar Blvd. and Kiowa Crest Dr; and Bond No. 83 SB
100 327 662, Street Tree Improvements for Tract
No. 42572 in the amount of $236,600, vicinity of
Highcrest Dr. and Armitos P1. and directed City
Clerk to send Council action to principals
involved.
Resolution 91-24 Adopted Resolution No. 91-24 entitled:
Granting Consent RESOLUTION GRANTING CONSENT AND JURISDICTION
& Jurisd. to Cnty. TO THE COUNTY OF LOS ANGELES IN THE MATTER
re Lighting Maint. OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
Dist. 10006 & AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF
Cnty. Lighting DIAMOND BAR ZONE PROJECT 8-17.
Dist. LLA -1
Zone Project 8-17
MAY 21, 1991 PAGE 3
Resolution 91-25 Adopted Resolution No. 91-25 entitled:
Granting Consent RESOLUTION GRANTING CONSENT AND JURISDICTION
& Jurisd. to Cnty. TO THE COUNTY OF LOS ANGELES IN THE MATTER
re Lighting Maint. OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
Dist. 10006 & AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF
Cnty. Lighting DIAMOND BAR ZONE PROJECT 219-87.
Dist. LLA -1
Zone Project 219-87
Resolution 91-26 Adopted Resolution No. 91-26 entitled: A
Approving Plans
RESOLUTION OF THE CITY COUNCIL OF THE CITY
& Specs. for
OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS
Purchase of
FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND
Playground
EQUIPMENT FOR HERITAGE AND SYCAMORE CANYON PARKS
Equip. for
IN SAID CITY AND AUTHORIZING AND DIRECTING THE
Heritage &
CITY CLERK TO ADVERTISE TO RECEIVE BIDS.
Sycamore Canyon
Parks
Usage of
Received and filed report regarding use of a City
City Vehicle
vehicle for commuting from home to City Hall by
the Director of Parks and Maintenance.
Amendment to
Approved increase of $100 per month for legisla-
Lobbyist Agmt. -
tive representation by Joe A. Gonzalves & Son for
Joe Gonzalves
a total of $25,200 for FY 1991-92 (Acct. 001-4010-
& Son
4000).
Animal Control
Approved agreement with the Pomona Humane Society
Contract for
to continue animal control services for FY 1991-92
FY 1991-92 -
in the amount of $48,654.
Pomona Humane
Society
Proclamation Proclaimed week of May 20 through 27, 1991 as
May 20-27, 1991 "Buckle Up America Week."
"Buckle Up
America Week"
SPECIAL PRESENTATIONS:
City Tile - C/Papen presented a City Tile to Dianne Forbing in
Dianne Forbing recognition of her 10 years of service as Editor
of the Windmill.
Certificates of M/Forbing presented Certificates of Recognition
Recognition - and City Pins to the 16th Annual Jr. Women's Club
Spelling Bee Spelling Bee Winners: 1st Place Winner Aaron
Winners - Aaron Cunningham, Golden Springs Elementary School; 2nd
Cunningham, Justin Place Winner Justin Cooper, Golden Springs
Cooper & Lillian Elementary School and 3rd Place Winner Chung
Lillian Chung of Evergreen Elementary School.
MAY 21, 1991 PAGE 4
Certificate of
M/Forbing presented a Certificate of Recognition
Recognition -
to Officer Robert Cosner for bravery relating to
Robert Cosner
an injury sustained in the line of duty.
Certificates
M/Forbing presented Certificates of Appreciation
of Appreciation -
to Dr. Rod Smith, Christopher Greber, Matthias
Reps. from
Nemes, Christopher Yeomans and Derek Stanford for
Claremont Colleges
their efforts in preparing the "Study of Property
re: Tax
Tax Allocations of Recently Incorporated Cities in
Allocations of
Southern California."
Recently
Incorporated
Mr. Yeomans stated that the team endeavored to
Cities
look at the way property taxes are switched once a
City incorporates and assumes conditions for
services previously provided by a County.
CM/Van Nort also introduced Chuck O'Brien,
Director of the Clinic.
CM/Van Nort explained that, based on the
documentation used, the City would not be able to
use the data contained in the report for its
lawsuit.
C/Papen stated that the report would be sent to
Sacramento and could be the basis of further
legislation that could help Hacienda Heights or
Rowland Heights and other communities throughout
the State seeking incorporation and local control.
Council Gift C/Nardella presented a gift on behalf of the
Council to ACM/Terrence Belanger honoring his
graduation from Western State University of Law.
OLD BUSINESS:
Purchase of CC/Burgess stated that the staff report of May 7,
Photocopier 1991 indicated that the Xerox 1090 copier was
identified as the model that would meet current
and future needs of the City and which was
available from International Business Equipment at
a cost of $24,800 plus tax. Further, Council
directed staff to report on issues pertaining to
the benefits of leasing a copier as opposed to
purchasing and/or contracting for a copier and an
operator.
Following a report on leasing versus purchasing
and programs designed to lease a copier with an
operator, C/Werner moved, MPT/Kim seconded to
approve staff's recommendation to purchase the
1090 Xerox duplicator through IBE at a cost not to
exceed $26,536 with a stipulation that first year
maintenance be provided through Xerox Corp. for
full service maintenance.
MAY 21, 1991 PAGE 5
C/Nardella reported that he had researched
"facility management" programs to contract for a
copier and operator and suggested that staff
consider such a program when copy volume exceeds
80,000 copies per month.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Appeal of
PD/DeStefano reported that this was a continuation
CUP 86-410
of a discussion regarding an appeal to a Planning
Stephen Chung
Commission decision to deny an extension of time
1200 S. Brea
for CUP 86-410 in regard to a 3 -story, 36,000 sq.
Canyon Rd.
ft. office building at 1200 S. Brea Canyon Rd.
Staff recently received a revised site plan illus-
trating a reconfigured parking plan and relocation
of the office building. Issues not addressed
include traffic mitigation measures at various
intersections, specifically Brea Canyon at
Pathfinder and Brea Canyon at Colima, as well as
Brea Canyon at Glenbrook. In addition, a well had
been found on the site immediately adjacent to the
street which needs to be resolved. Should Council
allow an additional time period, staff will need
to look at a particularly prepared site plan,
landscape plan, grading/drainage plan, architec-
tural elevations and drawings that clearly outline
public improvements. The City Engineer would need
to look at additional traffic studies regarding
the intersections so that he can make a determina-
tion as to the developer's fair share cost of the
project. In addition, he stated that staff had
received a few letters in opposition to the
project, the most significant by Mr. Larry Hudack.
Mr. Jeff Jenkins, representing Kingston
Investments, stated that compact parking spaces
had been removed and landscaping had been
increased by approximately 50% with a 20 ft.
setback along Brea Canyon Rd. The height of the
building had been reduced by 8 ft. by reducing the
pad by 3 ft. and the size of the building was
reduced by 5 ft. The developer supported paying
his share of traffic control improvements includ-
ing signaling, restriping, curbs and gutters, etc.
in addition to widening Brea Canyon from south of
the Counseling Center to the intersection of
Gerndale and Brea Canyon, including,removal of
existing curbs, gutters and sidewalks and re -
striping at Brea Canyon with reflectors in both
MAY 21, 1991 PAGE 6
directions. A survey had been conducted which
indicated that the tank is actually a cement
smudge pot oil tank.
The following persons expressed opposition to
approval of the extension of CUP 86-410:
Kathy Stetcher, 21000 Glenbrook Dr.
Mike & Mary Sirchia, 1115 Bain Ave.
Patrick J. Dresch, 21045 Glenbrook Dr.
Ved Arora, 1321 Glenthrope Dr.
Jethro White, 21201 Dabney St.
Carolyn Davis, 1144 Hare
Larry Hudak, 21202 Dabin St.
Orion Von Stetten, 1152 Brea Canyon Rd.
Don Taylor, 1444 Honeyhill Dr.
Carlos Lopez, 1141 Bain St.
Rose M. Zam, 1145 Bain St.
Lizen Mercado, 21049 Glenwall Dr.
Clarence Hamilton, 20995 Glenbrook Dr.
Emil Manna, 2101 Glenwall Dr.
Jim Paul, 1269 Ahtena Dr.
Mr. & Mrs. Wyseman, 1235 Glenclear Dr.
PD/DeStefano reported that if Council approved
extension of the CUP, staff would review the
recently -submitted site and landscape plans and
the soils reports to determine if the concrete
well is leaking, where the flume is, what the
remediation plans are and whether outside agencies
need to be involved. Revised architectural
elevations would be required and Building & Safety
would need a new construction plan check.
Following discussion, C/Papen moved, C/Werner
seconded to deny the appeal for an extension of
time on CUP 86-410.
C/Papen amended the motion to direct the City
Attorney's office to prepare the appropriate
resolution to make the denial effective for
consideration at the next meeting. C/Werner
amended his second of the motion. Motion carried
unanimously.
Ordinance 02(1991) CA/Arczynski presented for second reading by title
Repealing Chp. only Ordinance No. 02 (1991) entitled: AN
2.68 of L.A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Cnty. Code DIAMOND BAR REPEALING CHAPTER 2.68 OF THE LOS
Establishing New ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
Provisions ESTABLISHING NEW PROVISIONS PERTAINING TO
Pertaining to EMERGENCY PREPAREDNESS.
Emergency
Preparedness
MAY 21, 1991
PAGE 7
C/Papen moved, MPT/Kim seconded to adopt Ordinance
No. 02 (1991). With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - Werner, Nardella, Papen,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Ordinance 20B
CA/Arczynski presented for 1st reading by title
(1989) Amending
only Ordinance No. 20B(1989) entitled: AN
Sec. 17 & Adding
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
New Secs. 17A &
DIAMOND BAR AMENDING SECTION 17 AND ADDING NEW
17B Pertaining
SECTIONS 17A AND 17B TO ORDINANCE NO. 20 (1989)
to Competitive
PERTAINING TO COMPETITIVE BIDS FROM RESIDENT
Bids from
BUSINESSES AND RECYCLABLE MATERIALS.
Resident
Businesses &
ACM/Belanger stated that the amendment would
Recyclable
provide an affirmative program to identify and
Materials
encourage City located businesses by products
and/or services provided, allowing staff to
develop a comprehensive vendor list of businesses
in the City so that when projects or programs are
bid, those businesses would receive a packet of
bid specifications. He requested Section 2, Sub-
section "b" be amended to read "firms who are
qualified firms."
Mr. Bob Velker, liaison for the Chamber of
Commerce, stated that there have been times when a
business in the City has been overlooked and
offered the Chamber's assistance in getting all
businesses to respond to a vendor's list.
C/Papen stated that she could see the value of a
City vendor list and that perhaps the Chamber
should compile a vendor's directory; however, she
was not in support of the project at this time.
Following discussion, C/Werner moved and C/Papen
seconded to table Ordinance No. 20B (1989).
Motion carried unanimously.
Update on
Mr. Kaplan reported on the Economic Development
Economic
meeting held on May 23, 1991 and indicated an
Development
initial meeting will be held on June 12, 1991 to
familiarize people with the issues and find out
where changes in the approach might be appro-
priate. Tentatively scheduled for June 22, 1991
is an Economic Development Strategy Workshop
starting at 9:00 a.m. to obtain a consensus on the
kinds of development strategy the City should use
in the community, which will also be used in the
General Plan process.
MAY 21, 1991 PAGE 8
RECESS: M/Forbing recessed the meeting at 8:30 p.m.
RECONVENE: M/Forbing reconvened the meeting at 8:43 p.m.
NEW BUSINESS:
Award of Landscape CM/Van Nort stated that the present contracts for
Svc. Contracts - landscape maintenance of the three districts
LLMD No. 38, 39 expire June 30, 1991. Staff advertised for bids
& 41 - Accurate on an individual basis. He recommended awarding
Landscape re: annual contracts to Accurate Landscape & Maint.
Dists. 38 & 39; Corp. for $37,200 for LLMD 38 and $66,000 for
Landscape West LLMD 39; and to Landscape West for $37,200 for
re: Dist. 41 for LLMD 41.
MPT/Kim moved, C/Werner seconded to award contacts
for LLMD #38 and 139 to Accurate Landscape and
Maintenance Corporation with respective bids of
$37,200 and $66,000; and LLMD 141 to Landscape
West with a bid of $37,200. With the following
Roll Call vote, the motion carried:
AYES: COUNCILMEN - Papen, Werner, MPT/Kim,
M/Forbing
NOES: COUNCILMEN - None
ABSTAIN: COUNCILMEN - C/Nardella
Award of CM/Van Nort stated that pursuant to Council
Landscape Maint. approval to obtain bids for maintenance of eight
Svc. Contract parks, staff recommended awarding the contract to
Mariposa Horticultural Enterprises in the amount
of $97,932 per annum.
Mr. Barry Konier, 10815 Meats Ave., Orange,
President of Landscape West Inc., stated that his
company had been maintaining the parks and two of
the Districts since Incorporation. His company
was second lowest bidder by $168. He felt that
this type of contract would fall under the Public
Works Act because it is a service contract.
Following discussion, C/Werner requested staff to
check further on references supplied by the low
bidder and moved that the matter be continued to
the next meeting. MPT/Kim seconded the motion.
Following discussion regarding potential liability
in rejecting the lowest bidder, MPT/Kim withdrew
his second. C/Papen then seconded C/Werner's
motion.
Motion carried by a vote of 3 to 1 (MPT/Kim voted
No and C/Nardella abstained).
MAY 21, 1991
PAGE 9
Resolution 91-27
CA/Arczynski stated that a Resolution was drafted
Endorsing Efforts
setting forth the sentiments of the Council and
of Pomona &
reiterating the Council's desire and stated intent
Walnut Valley
to work with the governing boards' of both school
Unified School
districts and their fellow elected officials
Districts re:
for the betterment of the community, both with
Construction of
respect to items of mutual interest to all
School Facilities
entities.
within the City
MPT/Kim requested changing "north Diamond Bar" to
"within the City of Diamond Bar."
C/Werner expressed concern over the difference in
wording indicating that the Pomona School District
"has evidenced its desire to construct and that
the Walnut School District has indicated its
intention."
The following persons spoke in opposition to the
resolution:
Mr. Al Rumpilla 23958 Golden Springs.
Mr. David Cope, 316 S. Del Sol Ln.
Mr. Jim Paul, 1269 Ahtena Dr
Following discussion, it was agreed that the
Council would disregard the description on the
agenda relating to this matter.
Following further discussion, it was moved by
M/Forbing, seconded by C/Werner to adopt
Resolution No. 91-27 amended as follows:
M/Forbing stated that the changes were: A(i)
"evidenced" to "indicated" and "desire" to
"intention;" delete "north" and insert "City of;"
delete "area" in 3rd line; change B2 "commends" to
"urges;" delete "northern portion of;" last line
of 2 delete "north;" delete B2 "in its endeavors;"
line 3, 2nd sentence change "commends" to "urges"
and delete "in its endeavor." Motion carried
unanimously.
RFP for Community CE/Mousavi stated that current transit opportun-
Circulator ities consist of three bus lines and the City's
Paratransit services which are provided through a
contract with L.A. County. The bus lines consist
of RTD 490 and Route 482. Foothill Transit
District operates Route 495. Services operate
Monday through Friday from 8:00 a.m. to 5:00 p.m.
except holidays and a 24-hour advance reservation
is requested; however, same day service can be
provided subject to availability. He recommended
that the City continue to contract with the County
to provide these services at an estimated cost of
MAY 21, 1991 PAGE 10
of $20,000 for FY 1991-92. In addition to the
services currently in existence, he recommended
establishment of the City's first Community
Circulator. Staff drafted a Request for Proposal
for a "fixed route deviation public transit
system," based upon two buses, five -days a week
from 6:00 a.m. to 7:00 p.m. Route deviation will
provide the ability for the bus to deviate from
scheduled stops in order to pick up additional
passengers. The RFP calls for two phases: (1)
consultation in planning and designing the route
along with providing the necessary policies and
procedures; and (2) an operation phase. Prop A
Funds will be utilized for both design services
and operation. The Traffic and Transportation
Commission reviewed the concept and the RFP and
recommended approval by the City Council.
Following discussion, the RFP was unanimously
approved for release.
Approval of CA/Arczynski presented a document referred to as
Form of Lot a "Lot Consolidation Agreement" for use when two
Consolidation more properties are involved in a development and
Agreement the construction of buildings may cross. A Parcel
Map or a Subdivision map is required to consoli-
date those parcels to allow construction. This
type of agreement is designed to allow developers
to reach a point where construction can begin,
obtain building permits and, in the interim,
proceed with a parcel map. The agreement would be
designed around each project and would be signed
by the City Manager on behalf of the City.
Following discussion, MPT/Kim moved, C/Papen
seconded to approve as to form and authorize the
City Manager to execute such agreements on behalf
of the City as necessary, upon approval by the
City Attorney. By a vote of 4 to 1 (C/Werner
voting No), the motion carried.
PUBLIC HEARINGS:
Appeal of PD/DeStefano stated that this appeal of a Planning
CUP 1634-(1) Commission decision was for an extension of time
Evangelical on CUP 1634-(1) as the Evangelical Free Church
Free Church will be unable to complete its final phase of
development by the end of the 10 -year CUP period
(November 1990). He recommended a 5 -year
extension.
M/Forbing opened the Public Hearing.
Mr. Bob Huff, representing the Evangelical Free
Church, stated when the matter went before the
MAY 21, 1991 PAGE 11
Planning Commission, the only opposition raised by
the Commission was parking.
Following discussion regarding trees and parking
and with supportive comments made by a neighbor of
the church, M/Forbing closed the Public Hearing.
C/Werner moved, C/Papen seconded to approve the
request for extension of the CUP for five years,
subject to a "tree preservation plan" which would
include preservation of the landmark trees and a
parking management plan to avoid off-site traffic
congestion.
CA/Arczynski recommended that the motion be
amended to direct staff to prepare an appropriate
resolution to effectuate the Council's desires in
this matter, including a diagram of the area
specifying which trees are to be considered
"landmark." Further, staff should be directed to
use the present Oak Tree Ordinance regarding
diameter of trees and that engineering staff work
on a congestion management concept that the
Council can approve.
C/Werner amended the motion as stated by the City
Attorney. C/Papen amended her second. Motion
carried unanimously.
Adoption of CM/Van Nort reported that the budget for Fiscal
Budget for Year 1991-92 estimates General Fund Revenues at
FY 1991-92 $8,984,695 with Expenditures of $8,564,707, which
would allow Council a $419,988 unappropriated
reserve balance. Since the last meeting, several
changes have taken place: (1) Prop C has not been
included due to its challenge by the Courts; (2)
the CIP was included; (3) uncertainties of the
State. At the present time, revenues are pro-
jected at the Governor's recommendation that
cities cut approximately $200 million in revenues
and the City's share proportionately would be
included in that. Also taken into account is that
the sales tax is flat.
M/Forbing opened the Public Hearing.
With no testimony being offered, M/Forbing closed
the Public Hearing.
CA/Arczynski stated that the Planning Commission
transmitted to the Council its report under the
Government Code pertaining to the CIP and the
Resolution is part of the official record on the
budget.
MAY 21, 1991
PAGE 12
C/Werner moved, MPT/Kim seconded to adopt the
proposed budget for FY 1991-92 as submitted by
staff.
Following discussion, CM/Van Nort recommended that
the Budget be adopted with the understanding that
no change take place until the State adopts its
budget.
With the following Roll Call vote, the motion
carried.
AYES: COUNCILMEN -
NOES: COUNCILMEN -
ABSENT: COUNCILMEN -
Nardella, Papen, Werner
MPT/Kim, M/Forbing
None
None
ANNOUNCEMENTS: In response to a request by C/Papen, CC/Burgess
stated that staff had looked at Konica copiers and
that they are not comparable to the Xerox 1090.
C/Papen requested that staff reports include the
type of public notice given as well as the number
of letters for and against a project and if a
petition is submitted, the number of signatures
attached.
C/Papen then stated that a Letter to the Editor
had been printed in four different newspapers
indicating that at the April 16 meeting, the
Council took action which it did not take.
Further, she was concerned that the Council's
actions were being misrepresented and upset that
the newspapers published this letter without
calling City Hall and verifying the action taken.
The action taken was to continue a Public Hearing
for 30 days. She asked the City Clerk to send a
letter to each of the editors stating the action
taken on April 16 and again during this meeting.
She also directed the City Manager to send a
letter to the editors requesting that they call
and confirm votes of the Council in situations
like this.
C/Nardella stated that he concurred with C/Papen's
intent.
C/Werner commended staff on publication of the
first issue of the Employee Newsletter.
MAY 21, 1991 PAGE 13
ADJOURNMENT: With no further business to conduct, M/Forbing
adjourned the meeting at 11:20 p.m.
ATTEST:
Mayor
LYNDA BURGESS, CMC
City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 4, 1991
CALL TO ORDER: M/Forbing called the meeting to order at 6:10
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 C/Werner.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim, Councilmen
Werner, Nardella and Papen.
Also present were City Manager Robert L. Van Nort,
Assistant City Manager Terrence L. Belanger,
Deputy City Attorney William P. Curley III,
Director of Planning James DeStefano, City
Engineer Sid Mousavi, Parks & Maintenance Director
Charles Janiel and City Clerk Lynda Burgess.
COUNCIL COMMENTS: C/Nardella requested that the Parks & Recreation
Commission prepare a Recreation/Parks Master Plan
and asked staff to work with the Commission in
developing a plan to include an inventory of City
resources within City boundaries as well as
outside of the boundaries. The plan should
include the needs of the City as well as fiscal
impacts. He directed the City Clerk to forward
his request to the Parks & Recreation Commission.
C/Papen thanked staff for installing American
flags on City streets.
M/Forbing requested that the Traffic &
Transportation Commission look into an "Adopt A
Street" program that could be tied in with a
Community Clean-up Day.
PUBLIC COMMENTS: Mr. Ron Stetcher, 2100 Glenbrook Dr., thanked the
Council for listening to the people by denying the
extension of CUP 86-410.
Mr. Clair Harmony, 24139 Afamado, recommended that
the Council make public its plan to buy park
property by placing the issue on the ballot as an
advisory measure.
C/Werner requested that staff schedule discussion
of placing advisory measures on the November
ballot for discussion at the next meeting.
Following discussion, M/Forbing polled the Council
to determine whether the majority of Council
Members desired to discuss advisory measures for
the November ballot at the next meeting. By
consensus, staff was directed to include
discussion of these matters on the next meeting
agenda.
JUNE 4, 1991
PAGE 2
CONSENT CALENDAR: C/Werner moved, seconded by C/Nardella to approve
the Consent Calendar with the omission of Items 5,
10, 11, 12 and 13. Motion carried by the follow-
ing Roll Call vote:
Resolution 91-28 Adopted Resolution No. 91-28 entitled: A
Adopting the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Statement of DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
Investment Policy CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT
POLICY.
AYES: COUNCILMEN - Werner, Nardella, Papen,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
Schedule Future
A. Planning Commission - June 10, 1991 - 7:00
Meetings
p.m., W.V.U.S.D. Board Room, 880 S. Lemon
Ave.
B. Economic Development Workshop - June 12, 1991
- 5:30 p.m., Hotel Diamond Bar, 259 Gentle
Springs Ln.
C. Parks & Recreation Commission - June 13, 1991
- 7:00 p.m., City Hall, 21660 E. Copley Dr.,
Suite 100
D. Traffic & Transportation Commission - June
13, 1991 - 6:00 p.m., Community Room, 1061 S.
Grand Ave.
E. City Council Meeting - June 18, 1991 - (4:30
p.m. Study Session re: a) Source Reduction &
Recycling Element; b) fees re management of
waste haulers c) recycling programs provided
by waste haulers) - Regular Session 6:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon
Ave.
F. Economic Development Workshop - June 22, 1991
- 9:00 a.m., Diamond Bar Hotel, 259 Gentle
Springs Ln.
G. First Concert in the Park - July 3, 1991 -
6:30 p.m., Sycamore Canyon Park
Approval of
Approved Minutes of Council Meeting of May 7,
Minutes
1991, as amended.
Warrant Register
Approved Warrant Register dated June 4, 1991 in
the amount of $484,875.35.
Treasurer's
Approved Treasurer's Report for the Month of
Report
April, 1991.
Parks & Rec.
Received and filed Parks & Recreation Commission
Comm. Minutes
Minutes of March 14, 1991 and March 28, 1991.
Claim for
Denied Claim for Damages filed by Shirley White.
Damages
Resolution 91-28 Adopted Resolution No. 91-28 entitled: A
Adopting the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Statement of DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
Investment Policy CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT
POLICY.
JUNE 4, 1991 PAGE 3
Resolution 91-29 Adopted Resolution No. 91-29 entitled: A
Denying Appeal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
for Extension DIAMOND BAR DENYING THE APPEAL OF THE PLANNING
of CUP 86-410 COMMISSION DENIAL OF THE EXTENSION OF TIME
1220 S. Brea REQUEST FOR C.U.P. 86-410 FOR THE PROPERTY LOCATED
Canyon Rd. AT 1200 SOUTH BREA CANYON ROAD, DIAMOND BAR,
CALIFORNIA.
Resolution 91-33
Adopted Resolution No. 91-33 entitled: A
Re Legislation
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
to Empower Peace
DIAMOND BAR, CALIFORNIA SUPPORTING LEGISLATIVE
Ofcrs. to Remove
EFFORTS TO EMPOWER PROPERLY TRAINED PEACE OFFICERS
Unsafe Commercial
TO REMOVE UNSAFE COMMERCIAL VEHICLES FROM STREETS
Vehicles from
AND HIGHWAYS.
Streets & Highways
Resolution 91-34
Adopted Resolution No. 91-34 entitled: A
Rqstg. Bd. of
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Sups. to Accept
DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
Transfer &
OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD
Conveyance of
CONTROL DISTRICT OF THE STATE OF CALIFORNIA
Storm Drain Imps.
TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER
Private Drain
AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
No. 1890
KNOWN AS PRIVATE DRAIN NO. 1890 IN THE CITY OF
DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE,
REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE
TRANSFER AND CONVEYANCE THEREOF.
Resolution 91-35 Adopted Resolution No. 91-35 entitled: A
Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD
Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA
Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER
Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
No. 2145 KNOWN AS PRIVATE DRAIN NO. 2145 IN THE CITY OF
DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE,
REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE
TRANSFER AND CONVEYANCE THEREOF.
Resolution 91-36 Adopted Resolution No. 91-36 entitled: A
Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD
Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA
Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER
Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
No. 1862 KNOWN AS PRIVATE DRAIN NO. 1862 IN THE CITY OF
DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE,
REPAIR AND IMPROVEMENTS, AND AUTHORIZE THE
TRANSFER AND CONVEYANCE THEREOF.
JUNE 4, 1991
PAGE 4
Resolution 91-37 Adopted Resolution No. 91-37 entitled: A
Rqstg. Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Sups. to Accept DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD
Transfer & OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD
Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA
Storm Drain Imps. TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER
Private Drain AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS
No. 1668 Unit II KNOWN AS PRIVATE DRAIN NO. 1668 UNIT II IN THE
CITY OF DIAMOND BAR FOR FUTURE OPERATION,
MAINTENANCE, REPAIR AND IMPROVEMENTS, AND
AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF.
Resolution 91-38 Adopted Resolution No. 91-38 entitled: A
Appntg. Financial RESOLUTION APPOINTING A FINANCIAL ADVISOR AND
Advisor & Bond BOND COUNSEL AND APPROVING, AUTHORIZING AND
Counsel & Apprvg. DIRECTING EXECUTION OF AN AGREEMENT FOR
Agrmts. with FINANCIAL ADVISORY SERVICES AND AN AGREEMENT
Sutro & Co. as FOR LEGAL SERVICES, ALL IN CONNECTION WITH THE
Financial Advisor PROPOSED 1991 TAX AND REVENUE ANTICIPATION NOTES.
& Jones Hall Hill
& White as Bond
Counsel
Matters Withdrawn from Consent Calendar:
Appeal of C/Nardella commented on the lack of penalty
CUP 1634-(1) provisions for replacement of trees removed either
Evangelical for development or due to mistreatment. He
Free Church suggested a ratio of 2 to 1.
PD/DeStefano reported that, based on discussions
at the last meeting, a Resolution extending the
life of the Conditional Use Permit to allow the
church to construct the third phase of its
development had been prepared. Two conditions
were added: one dealing with tree preservation and
the other dealing with parking management.
C/Werner recommended that the conditions in the
resolution be amended to state that if any devel-
opment occurs within the "drip line" area of the
tree, that the owner provide a horticulturalist's
report and that there be a tree replacement policy
as a penalty if a tree is lost.
Mr. Bob Huff stated that, as directed by the City
Council at the previous meeting, he had worked
with Planning staff for the wording of the
Resolution and that he would not be agreeable to
the suggested amendments.
Following discussion, C/Papen moved, MPT/Kim
seconded to continue the matter to June 18, 1991.
CORRECTED PAGE
JUNE 4, 1991 PAGE 5
MPT/Kim requested that Assessment -related matters not be placed on the
Consent Calendar in the future.
Resolution 91-30 Following discussion, MPT/Kim moved, C/Papen
Ordering City
seconded to adopt Resolution No. 91-30 entitled:
Engineer to
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Prepare & File
DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE
Report Re Maint.
AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC
of Public Imps.
IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAP-
LLAD No. 38
ING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS
FY 91-92
THEREON FOR FISCAL YEAR 1991-1992. Motion carried
Public Hearing on
unanimously.
Resolution 91-31
MPT/Kim moved, C/Papen seconded to adopt
Apprvng. Report
Resolution No. 91-31 entitled: A RESOLUTION
Filed Re: Sec.
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
22623 of Streets
APPROVING THE REPORT FILED PURSUANT TO SECTION
& Highways Code
22623 OF THE STREETS AND HIGHWAYS CODE WITH
LLMD No. 39
RESPECT TO CITY OF DIAMOND BAR LANDSCAPING AND
Giving Notice of
LIGHTING ASSESSMENT DISTRICT NO. 39 AND FIXING
Time & Place for
AND GIVING NOTICE OF A TIME AND PLACE FOR
Public Hearing on
A PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT
Levy of Assessment
ON SAID DISTRICT FOR FISCAL YEAR 1991-92. Motion
FY 91-92
carried unanimously.
Resolution 91-32 MPT/Kim moved, C/Nardella seconded to adopt
Apprvng. Report
Resolution No. 91-32 entitled: A RESOLUTION
Filed Re: to Sec.
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
22623 of Streets
APPROVING THE REPORT FILED PURSUANT TO SECTION
& Highways Code
22623 OF THE STREETS AND HIGHWAYS CODE WITH
LLMD No. 41
RESPECT TO CITY OF DIAMOND BAR LANDSCAPING
Giving Notice of
AND LIGHTING ASSESSMENT DISTRICT NO. 41 AND
Time & Place for
FIXING AND GIVING NOTICE OF A TIME AND PLACE
Public Hearing on
FOR A PUBLIC HEARING ON THE LEVY OF AN
Levy of Assessment
ASSESSMENT ON SAID DISTRICT FOR FISCAL YEAR 1991 -
FY 91-92
92. Motion carried unanimously.
OLD BUSINESS:
1991 Olympic
Ms. Kathleen Wilson, Torch Run Coordinator,
Torch Run
reported that the Run will begin on the Capital
steps in Sacramento on June 16, 1991 and conclude
at Dodger Stadium on July 12 at the opening
ceremonies of the U.S. Festival 91. The torch
will run through the City on July 8 at approx-
imately 4:15 in the afternoon going north on
Diamond Bar Blvd. to Grand Ave. The goal of the
City and the Parks & Recreation Commission is to
promote attendance at the event. M/Forbing,
CM/Van Nort and she will be running a 1/5 mile of
the run as well as 20 other runners who are
residents of the City.
JUNE 4, 1991 PAGE 6
Administrative Analyst Kellee Fritzal indicated
that the Parks & Recreation Commission is working
with Ms. Wilson on advertising for the event. Boy
Scouts will be in uniform handing out flags to
observers and the Rotary Club is helping out by
making plans for the end of the event. Nothing
has been scheduled for July 9, when the run
restarts.
Concerts in the PM/Daniel reported on the five "concerts in the
Park park" to be presented by the Parks & Recreation
Department at Sycamore Canyon Park. The first
concert is scheduled for July 3, 1991 from 6:30 to
8:00 p.m. with a 30 -piece, Big Band sound. The
City has been approached by several service
organizations in the community offering to help
with funds as well as with concessions. Due to
time constraints, the Parks & Recreation
Commission had not been presented with this issue.
The last concert will be held on August 28. Other
types of music will be Country Western, 50's Rock
and Roll, Popular and Dixieland.
C/Nardella stated that both the Rotary Club and
the JayCees are proposing to assist the City by
sponsoring the cost of the concerts and in return
sell hot dogs, hamburgers, etc., at the park with
possible donation of the funds back to the City.
C/Werner suggested that before school ends, the
City coordinate with the school districts to get
flyers out to all the schools. Further, the
Sheriff also needs to be contacted for traffic
control and parking; and staff needs to ensure
that there are adequate restroom facilities.
Following discussion, and with consensus of
Council, staff was directed to work with the Parks
& Recreation Commission and the community regard-
ing food concessions for the Concert in the Parks
series.
Award of Contract C/Nardella excused himself from discussion of this
Landscape Maint. matter.
Svcs. for Parks -
Mariposa CM/Van Nort stated that this had been continued
Horticultural from the May 21st meeting in order for staff to
Enterprises verify references of the lowest bidder. Follow-
ing verification, it was staff's recommendation
that the contract for maintenance of City parks be
awarded to Mariposa Horticultural Enterprises, as
the lowest responsive bidder, in the amount of
$97,932.
JUNE 4, 1991 PAGE 7
MPT/Kim moved, C/Papen seconded to award the
contract for maintenance of community parks to
Mariposa Horticultural Enterprises in the amount
of $97,932. With the following Roll Call vote,
the motion carried:
AYES: COUNCILMEN - Papen, Werner, MPT/Kim,
M/Forbing
NOES: COUNCILMEN - None
ABSTAIN: COUNCILMEN - C/Nardella
RECESS: M/Forbing recessed the meeting at 7:35 p.m.
RECONVENE: M/Forbing reconvened the meeting at 7:45 P.M.
PUBLIC HEARING:
Development Agrmt. PD/DeStefano reported that the proposed project
No. 91-2, 22000 consists of a self-service gas station, automated
Golden Springs Dr. car wash, a six -bay automotive detail facility,
offices and a restaurant to be developed along
Golden Springs Rd. between Copley and Gateway
Center Dr. The site is zoned CM (Commercial
Manufacturing). A development agreement has been
requested because an automated car wash is not
permitted within the specific zone.
Following questions by Council, M/Forbing opened
the Public Hearing.
Mr. Gary Clapp, 23441 Golden Springs Dr., Toran
Development Co., stated that he had one problem
with the Agreement which was in regard to his
ability to obtain a commitment from a restaurant.
The agreement provides the developer with three
years for a restaurant commitment, and that at the
end of that period, if no restaurant is in place,
a penalty would be levied. Although he agreed
with the provision, he felt that the wording
needed reworking and suggested assisting staff
and/or Council on this matter. He suggested that
his firm pay the City the amount of taxes that
would be generated if there was a restaurant,
which would be around $40,000 to $60,000 a year.
The following persons spoke in opposition to the
proposed development:
Mr. Bob Burton, 1200 S. Diamond Bar Blvd.
Mr. John Brewster, 4071 2nd Street, Yorba Linda
Mr. Frank Dursa, 2533 Harmony Hill Dr.
Mr. Russell Hand, 525 S. Grand Avenue
Mr. James Mosely, 1447 Copper Mountain Dr.
Mr. Don Schalk, 27132-B, Paseo Espada, San Juan
Capistrano
JUNE 4, 1991 PAGE 8
Mr. James Okazaki, 32222 Camino Capistrano, San
Juan Capistrano
Mr. Piero Wemyss, 24207 Gingerwood P1., Toran
Development Co., addressed the concerns that were
brought up by the testimony given.
With no further comments offered, M/Forbing closed
the Public Hearing.
Following discussion, MPT/Kim moved, C/Papen
seconded to continue the matter to June 18, 1991
to provide staff an opportunity to study the
issues brought up, including the hydro -carbon
issue, circulation, etc. With consensus of
Council, the motion carried.
Community M/Forbing recommended that discussion of
Information Community Information Signage and the Memorial
Signage & Plaque be referred to the Parks and Recreation
Memorial Plaque commission with direction that a sub -committee be
formed to work with community organizations that
may have an interest in being involved in these
two issues. In addition, he suggested formation
of a task force to compile recommendations made by
the community organizations along with the results
of the entry monument contest for consideration by
the Council at a later date.
City Attorney
Report re:
City of
Moorpark's
Amicus Brief
C/Papen stated that she felt that the plaque
should not be placed at City Hall but perhaps at
Heritage Park and asked that the Parks &
Recreation Commission again review this matter.
Following discussion regarding the potential
placement of banner poles to advertise community
events, staff was directed to take these issues
back to the Parks & Recreation Commission for
their recommendation.
DCA/Curley stated that this item relates to a case
on appeal to the California Supreme Court for
consideration of the process by which a school
district disposes of surplus property. The City
was requested to send a letter of support in this
matter. The City of Moorpark has asked for
support of other Cities. The City would merely
send a letter of support.
C/Papen moved, C/Nardella seconded to participate
in the Amicus Brief regarding City of Moorpark v.
Moorpark Unified School District. Motion carried
unanimously.
JUNE 4, 1991 PAGE 9
ANNOUNCEMENTS: In response to MPT/Kim's request, Administrative
Analyst Troy Butzlaff indicated that the contest
for design of City entrance signs carries a
deadline for submittals of June 7, 1991.
MPT/Kim stated that the draft was out regarding
the Congestion Management Study and asked if the
City had responded.
CE/Mousavi stated that the City had not yet
responded.
MPT/Kim also asked about the 57/60 Interchange
Study.
CM/Van Nort stated that they would be meeting with
Cal Trans on June 20 and had received a status
report on the 57/60 HOV from here to the San
Bernardino line. The report on the 57/60
Interchange should be forthcoming sometime late
summer early in the fall.
ADJOURNMENT: With no further business to conduct, M/Forbing
adjourned the meeting at 10:10 p.m.
ATTEST:
Mayor
LYNDA BURGESS, CMC
City Clerk
I N T E R O B F I C E x E x O R A x D Q x
TO: , xapor Pro Tea Kia and Councilaeuber Papen
FROx: Linda G. xagnuson, senior Accountant
SUBJECT: Voucher Register, June 18, 1991
DATE: June 12, 1991
Attached is the Voucher Register dated June 18, 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 June 18, 1991 have been
audited approved and recommended for payment. Payments are hereby
allowed from the following funds in these amounts:
001
General
Fund
138
LLAD #38
Fund
139
LLAD #39
Fund
141
LLAD #41
Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
N
Linda G. Ma son
Senior Accountant
$241,409.46
456.73
7,055.00
4,249.54
20.973.73
$274,144.46
/ OA 4 14 C-
Phyll s E. Papen
Councilmember
44
Robert L. Van Nort Jay C. Kim
City Manager Mayor Pro Tem
ri
Ann Deaver i.icu.catc Arr3eare:
+001-4098-1106 3 10618A
Best 4estern-Porderesa Bes:West
+401-4410-2336 2 10618D
Brea. ;:ity of BreaCity
+661-4358-5361 1 1 HIL
Business Systems Supply " Nsinesssy
+6�1-4696-12N 4 11618A
CELNET CELNET
001-4691-2131 2 16610
TOTAL DUE VENDOR --------;
_ 115.96
66/11
06/18 9611
Formatted Disks
16.63
TOTAL DUE VENDOR --------;
10.63
06/12
66/18
Accom. for Conf-Papen
15.45 66/18/91 6666/13/15
TOTAL PREPAID ANOUNT ---->
15.48
TOTAL DUE VENDOR --------)
6.61
66/11
'._.vE;NO.
n
tY
—
TOTAL DUE VENDOR -------->
23,166.0
16112
66/16 115869
Computer paper
13.63
---------------------------------------------------------------------------
TOT* DUE VENDOR --------)
13.63
66/11
66/18
Svc June(2Vay Radios)
136.51
TOTAL DUE VENDOR --------)
136.56
-:ais
:EN'"SF---------
'46-44
}�
TJ'AL
uUE vENDGR--------i
4.84
Adcc Esu=M c
A;C:
t4di-+310-6254
1 i46i8A
06/12
86/18
335,4
Honda
5enerator
859.21
+001-4?10-c250
2 10618A
06/12
86118
3355
';ash
pump
931.32
TOTAL
DUE VENDOR--------j
1,196.53
Aliens True 'Jake
;iiersT:e
+001-4310-1300
5 :4618A 4:11138
86/11
46/19
8152'
Tools
A EQuiAment
15 96
Ann Deaver i.icu.catc Arr3eare:
+001-4098-1106 3 10618A
Best 4estern-Porderesa Bes:West
+401-4410-2336 2 10618D
Brea. ;:ity of BreaCity
+661-4358-5361 1 1 HIL
Business Systems Supply " Nsinesssy
+6�1-4696-12N 4 11618A
CELNET CELNET
001-4691-2131 2 16610
TOTAL DUE VENDOR --------;
_ 115.96
66/11
06/18 9611
Formatted Disks
16.63
TOTAL DUE VENDOR --------;
10.63
06/12
66/18
Accom. for Conf-Papen
15.45 66/18/91 6666/13/15
TOTAL PREPAID ANOUNT ---->
15.48
TOTAL DUE VENDOR --------)
6.61
66/11
66/18
Rec Svcs thru May 91
23,166.66
TOTAL DUE VENDOR -------->
23,166.0
16112
66/16 115869
Computer paper
13.63
TOT* DUE VENDOR --------)
13.63
66/11
66/18
Svc June(2Vay Radios)
136.51
TOTAL DUE VENDOR --------)
136.56
+ 4
EN
--------------- 7 ------------------------------ �7 -----------------------------------------------------------
-------------------------
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?6:12 46" 8
7:es
193.5
96:19
7
18 32
4c/1_ 86/19
7567225
0,i ce S..O: wiK
51 52
TOTAL DuE -_-NDCR --------
287.25
E
Efor S
WI -4310-4—-48
196:8A
41'1.1 96/l8
5065922
',jei-Parks
3.16
+001-43.10-23119
; 19.6118A
06i'l1 06;i'18
5066254
Fuel -Parks
27.34
+601-4.214-2510
6 14618A
86111 86/18
5066305
Fuel -Parks
13.12
4001-4318-2319
114 10618A
06111 46118
5767370
Fuel -Paris
15.76
W.1-4310-2:310
12 10616A
06/11 06/16
6466342
fuel -[arks
26.94
!4616A
06/11 06/116
682762"
Fule-Parks
17.63
1881-4318-2318
14 1a618A
46111 06118
6827870
Fuel -narks
31.30
4001-43!4-2.010
i3 186l8A
06il1 06118
7541514
Fuel -Parks
I534
f801-4313-23.10
6 106118A
86'11
'11 WIS
81096
Fuel -Parks
31.56
4881-+834-2314
14619A
06/11 06Y18
6206822
Fuel-Cogr
18.04
TOTAL WE 'VENDOR --------- /
20.45
_4:estzne Stores
Firestone
+081-49�0-c2tl8
!86!86
W12 66/16
025984
tire repair -Pool car
112.64
TOTAL DUE VENDOR --------- /
12.64
S:E "�, I 'a'iiornia
GTE
+481-4498-2125
3 .1418B
0011 06118
Emergency Prep Phone -June
3938
#001-4313-2125
1 10618B
06/11 06/18
Phone -Heritage Park
57.11
TOTAL DUE VENDOR --------
96.66
:LMA
ICMA2
+01-4030-2338
2 0
06/12 16/16
Annual Codr-Belanger
459.11
TOTAL DUE VENDOR --------
459.0
:CMA I
f
*401-4631-2324
4 166188
06/11 66/19
Annual Conf;-CMgr
588.60
*441-4090-2399
14 106188
96/11 16/16
CMgr-Reimbursed Exp
13.0
TOTAL DUE VENDOR -------
690.0
impressive Screenvorks
impressive
+01-4695-1244
1 10616B
06/12 46118
Staff Shirts
1,024."
TOTAL DUE VENDOR --------
1,624."
_
.. --------------------------------------------------------------------------------
• Ac
d'. n.}. nerl'a^yE .:�
_.9 a
Maple
n6�11 86;1!
.':lr:. Ilet2 :en
a
�Eli1 +3c,id
*a int. Reagan Park
»18.83
a✓ -i_ -u :--388
paint. 5ta:snipe r^rk
285.41
?5-,348
1;x!33
86: y1 86/18
pai^t. 'Suen,t Ridge
628.15
�fy1- 3�-:388
18, x
.1 5
66.11 dtil18
Mal W- Sy -afore n}
DUE VENDOR --------
8,316.45
Lea'QUe of Ca. C1tieS
LE30U2
+x!81-4838-2325
6 18618D
86/12 86/16
6enerl Mtg-Mayor
29.84 ®61IWI 088813172
TOTAL PREPAID AMOUNT ----
21,44
TOTAL DUE VENDOR ---------1
1.11
League of Ca. i6ities
League
+881-4814-2338
4 18618D
86/12 46/16
Legislative Conf-Papen
148.78 66/18/91 8888813173
TOTAL PREPAID AMOUNT ----:;
148.88
--
TOTAL DUE VENDOR -------->
1,14
Lewis Engraving InC.
LevisEr,gra
+x81 -4x45-2118
3 1x6180
96/11 86/18
LorCeer-Student of year
28.12
TOTAL DUE VENDOR -------->
28.12
Markna^ Arczynski Hanson MarksanArc
+881'4828-4824
1 16616C
86/11 46/16
Legal Svcs May 91
7,821.59
+881-4826-4421
2 10616C
46111 46/16
Spec Legal Svcs May 91
1,181.14
TOTAL DUE VENDOR -------->
8,122.54
Martin 8 Chapman Co.WrtinaCha
+881-4848-2324
3 160
16/12 16/18 91216
6 Enduro Binders
836.46
TOTALS DUE VENDOR -------->
636.46
T
Meyer, David
MyerD
+441-4318-4188
5 14616C
16/11 16/16
park 1 Rec Mtgs 5/9-5/23
69.a
TOTAL DUE VENDOR --------}
81,0
O.E.I Business forms
OEIBusines
091-4191-2114
6 116160
46/11 16116 23933/34
Copy Paper
316.19
TOTAL DUE VENDOR --------}
316.19
-------------------------------------------------------------------
96;18
198191
T race Ma�nt-Parks
,
� .
137:4L ZUE VENDOR --------.
-
Rays:r;.
+';w-45
8
Sigri Sldn Sorg/Suns Cras
26.4'3.,2
TOTAL DUE VENDOR --------;
4onr:ranzeriA.ssoc
C.E.
+801-4239-522!
19618[
90/12 86/18
915789
Engineering Extras -Feb
4,516.99
+991-4[39-5221
6 186180
86i12 96%12
915796
Misc-Engineerng-March
21643.17
TOTAL DUE VENDOR -------->
7,219,71
Ru:i:ka, Josep"
T.
Ru:ick.aC
+991-y319-+199
3 14618[
961,11 06M
Park t Rec Mtgs. 5/9-5123
89.99
TOTAL DUE VENDOR -------->
89.04
San Sabriel V!y
Trinune SGVTr:bne
+891-4949-2115
5 10616C
96/11 96/16
8726
Bids-Playgrnd Equip
29.34
+881-4949-2115
6 10616C
96111 96/18
8726
Bids -Pub Transit Sys
16.95
TOTAL DUE VENDOR --------;
37,29
Security Pic Nat! Bank
SecurityPa
+991-4919-2325
3 16618C
96/11 96116
Mtg-Mayor
29.88
+491-4919-2325
4 19618C
96/11 96/18
Forbing-Ntg Pilo Sprgs
31.89
+991-4919-2325
5 116160
16/11 96/18
Mtg. mayor/Consultants
54.33
+991-4939-:325
: 11618C
16/11 16/18
Mtg-Csgr/School Supt.
23.51
+191-4438-2325
6 11616C
16/11 16/18
Mtg Council/Cagr
51.19
}99:-4939-2325
7 14166
16/11 16118
Governor Dedication
236.51
TOTAL DUE VENDOR -------->
425.33
Security Pic Natl
Bank
SecarityPa
*491-4911-2339
5 14616A
16/12 16/18
Pale 15prgs Coni -Werner
78.24
TOTAL DUE VENDOR ------->
78.24
Security Pic Nitl
Bank
SecurityPi
+891-4919-2325
7 10616A
96/12 16/18
Meeting-Papen
34.95
*991-4991-2311
3 11616A
46/12 16/16
Fuel -Pool Vehicle
14.59
TOTAL DUE VENDOR -------->
45.45
------------------------------------------------------------------------------------------------------------------------------------
5. atastr
la aw* v.! late; D'.st �Vlaterlis
+138-+536- :.eb16C
wiin,ut-Sar D las Etat:,;- yS'5tat:on
tiM -441.-7401 n 14bi3C
0 elan. Steve- 'r. WheisnSP
+881-4319-4184 1 19b18C
dillard Marx:nc W.:lard
001-4854-1289 2 106160
�h
TSL .,,,_ VESDJR--------
h, 12
hi 18
Postage-Cale. Nevsltr
2,293 .-
TOTAL PREPAID AMOUNT ----;
2,293.:3
70T AL DUE VENDOR---------
8.88
46%11
8611=
Water--Dist S36
i99.9S
TOTAL DUE VENDOR-------->
199.95
8c,`1:
86216
?:septation/Civil Ciaies
161.89
TOTAL DUE VENDOR--------':
167.84
96/11
86/16
Park d Rec Mtgs 5/9-5123
69.99
TOTAL DUE VENDOR-------->
89.94
86/11
96/16
312063131266 Paid,Endarsement Stamps
125.39
TOTAL DUE VENDOR --------)
125.39
TOTAL PREPAID----------->
31,611.61
TOTAL DUE--------------->
236,532.85
TOTAL REPORT ------------)
214,144.46
f
_____________________________________________________________________________________________________________
------------------------------------ ------------------------ ------------ ------------ ------------
2'4„14.16
Xj
So. a. Ja1nt Powers Is. scPIA
+881-4di8-1264 I80dC
Southern Ca Sas Ca SoCaGas
+381-4313-2126 / 186190
Southern Ca. Edisan SoCaEdison
+133-4536-2120 5 i4018C
Soutlern Ca. Eason SoCaEdison
+141-4541-2126 2 i8616C
Southern Ca. Edison SoCaEdison
+881-4518-2126 2 11618C
Southern Ca. Edison SoCaEdison
+881-4313-2126 2 11618C
Stitt, Garretson J. StittG
+411-4311-4111 2 10616C
-------------'-------------------------------
�tat1znar i
--------------------------------------------------------------------------------
----
So. a. Ja1nt Powers Is. scPIA
+881-4di8-1264 I80dC
Southern Ca Sas Ca SoCaGas
+381-4313-2126 / 186190
Southern Ca. Edisan SoCaEdison
+133-4536-2120 5 i4018C
Soutlern Ca. Eason SoCaEdison
+141-4541-2126 2 i8616C
Southern Ca. Edison SoCaEdison
+881-4518-2126 2 11618C
Southern Ca. Edison SoCaEdison
+881-4313-2126 2 11618C
Stitt, Garretson J. StittG
+411-4311-4111 2 10616C
�tat1znar i
S..
-5-AL '+.I ...^NSG? ---------
2'3.46
Reiund-Pi
-U -..N
i
-----------------------------------------------------------------------------------------
Pa'irull .:ansrer
+401-1828
Petty .ash,
+881-4418-2325
+481-4030-2325
+841-4890-1188
+841-4494-2128
+081-4890-2325
+041-40;5-2118
+001-4210-2325
+401-4310-1200
+811-4310-2310
Planning Network
Plunk, Lydia E.
+881-4318-4141
R I D 3:ueprint
+801-4234-2118
+081-4238-2118
+981-4230-2114
+001-4238-2118
f8/1-4238-2110
#881-4238-2110
#461-4238-2118
#881-4238-2110
#181-4238-2116
#881-4238-2110
#841-4234-2118
;et* YC as
2 1@616A
2 :t616A
4 :0618A
3 10618A
3 10616A
2 i06i8A
. 14018A
4 18618A
5 10618A
Planning%
- Pl�nkl
4 141K
R&D81ue
11 1116160
18 186160
9 i0618D
5 106180
6 10616D
7 10616D
4 116160
3 106160
1 106i6D
2 1061SL
c :46180
06%:_ %6 16
--------------------------------
June-lr2 Rent of Ste 198 3.496.60
TOTAL DUE VENDOR ------- 3,490.64
46i12
40/16
Payroll Trans-PP12
35,0/4.81 I6/16/91 88888808<:
TOTAL PREPAID AMOUNT ----,
35,488.10
TOTAL DLE VENDOR --------)
8.0
06111
@6116
Mtg-Cty Counc:i
5.11
4o/11
46,118
Notary Bond -Whitehouse
12.08
06/11
86/18
Supplies
7.17
06/11
86116
Postage
24.33
06111
86/18
Staff Mtg
8.45
06!11
86116
Certs of Appreciation
114.88
80!11
06116
Mtg-Planning
6.88
06/11
@6;18
Supplies -Parks
14.5;
86/11
06!18
Fuel -Park Truck
5.00
TOTAL DUE VENDOR --------:
96.52
TOTAL DUE VENDOR -------->
1.11
16/11 16/16
16/12 16/12 47391
/6112 86116 47391
16/12 46/16 47392
/6/12 46/16 47394
16/12 16/16 47395
16/12 16/16 47396
16112 16/16 47397
46/12 16/18 47396
06!12 16/18 47349
16/12 86116 47962
06/12 86/16 47977
Park d Rec Mtgs. 5/9-5/23
TOTAL DUE VENDOR -------->
Prin{ing Svcs -May
Printing Svcs -May
Printing Svcs
Printing Svcs -May
Printing Svcs -May
Printing Svcs -May
Printing Sycs-May
Printing Svc -Nay
Printing Svcs -May
Printing Svc -May
Printing Svcs -May
Mal MIC ucunno
30. 99
16.97
61.54
12.21
15.62
57.13
19.91
34.13
15.31
6.11
13.61
E 2,
C 7_�
.............
CNTR
--------------------------------------------- -------------------------------------------------------------------------------------
n.m A
46/ 1 1
06!18
dc22397]
PUD TranS:I
44 o _'4
3
+16/1.
41of
-22355
Notice-Sids f or F - k E: U
3 5�
46j"11
86111
12 4eei hbsl-ription
...
7O'r% DUE VENDOR -------- 1
21.84
I hs.,ness Eouimn,
:1r-J5EC-U
+081-898-5288
i 186185
061111
06)16
5605
Xerox 1090 Duplicator
20,536.64
TOTAL DUE VENDOR ---------
261536.04
I, <*Ian
raclan
i-081-4210-521,2
1 186i9.R
Obill
4611,16
InterA Cty Plnr-May 91
1,848.88
TOTAL DUE VENDOR --------
7,040.04
Kens Mwoware
Kens.
f01-4318-2218
3 106183
06/11
06118
46462
4iint. Equip
16.38
*001-4314-2214
2 18518i
06/111
06/18
49510
Mairt. Equipsent
2.75
4
1 labifl
hill
06118
511.751
hint. Eauiusent
2.717
TOTAL DUE VENDOR ---------
83.82
_.A. County-Sher.,i;s
Dep L.ACSheri -i
#401-4+411-5401
2 1064188
86111
06/18
62373
Helicopter -Svc April 91
100.77
TOTAL DUE VENDOR --------
100.77
6.A. Cty-Fire Dept
L4eFjre
401-4421-5402
1 M16B
06/11
06/16
Annual Pat -Base -Fire Svcs
7,359.I8
TOTAL DUE VENDOR --------
7,359.0
'LA Counti Agriculture
Coo LACAcric
f139-4539-4:580
3 10618A
06/11
hill
116786
Pes4ontrol Dist. 139
1,640.00
f141-45411-5508
I i8618A
86/11
86/18
16746
Pest Control Dist. 141
939."
TOTAL DUE VENDOR -------- >
1,931.00
Landscape West
landscipeV
+141-4541-5501
2 106IB
06/11
06/18
445577
Maint. Dist 841
3,30.00
*139-4539-5549
4 106188
66/11
06/16
9955787
Mlint. Dist 139
6,155.0
TOTAL DUE VENDOR --------
9,355.44
---------------------------------------------------------------------------------------------
;��-.... r.. -v - ....-.
v -.v :!ergs Ass.c -A-
+001-4040-23.5 1418m,
.caauity :ndJSir:es Commindast
+081-45/0-=504 3 106180
Computer Acai:ec S:stess 4S
1281-4050-4430 2 10618A
+001-4050-4038 1 186i8A
Congressman Dreier Ccngressmn
+001-4x95-23?5 1 10c18A
CopyMasters, The - CopyMaster
+081-4498-2100 5 1li1dA"
Dept of Transportation Dept Trans
+401-4510-5507 1 10616A
Discovery Travel DiscoveryT
+401-4019-2338 3 186i8D
'D'AL ;D+ 41D Aft" §'
Dt!E VENDOR --------
0.
06"11
2,`18
x+02030
Traffic Cosa. Mtg. 6i6/91
25.14
T_TAL DUE VENDOR --------
25.
00/11
D6i18
Annual Membershp Dues
130.88
TOTAL DUE VENDOR --------'
138.80
06r11
06/18
Litter Abatement -May 91
586.00
TOTAL DUE VENDOR --------:
506.28
06!11
46/16
910531
Purchase Order System
5,457.00
06/11
06/18
918606
Monthly Maint.-July 91
745.08
TOTAL DUE VENDOR --------
6,212.00
86/11
06/16
Flag Reimb-Little League
12.69
TOTAL DUE VENDOR -------->
12.69
96/11
06/18
051685
Konica Copier Maint.May
306.08
TOTAL DUE VENDOR -------->
396.06
06111
06/18
117756
Signris i Lighting April
661.78
I
TOTAL DUE VENDOR -------->
661.76
96/12
06/16
Travel Leg. Coni-Papen
156.00 06/18/91 0009013177
TOTAL PREPAID AMOUNT ---->
156.99
TOTAL DUE UENDOR-------->
0.09
����CARL WARREN & CO.
Insurance Adjusters
Claims Admieistrators
P O BOK 25180
Santa Ana. CA 92799.5180
(714) 972-3146
(800) 572-6900
TO: City of Diamond Bar
Attention: Robert L. Van Nort
Re: Claim:
Claimant.:
D/Event:
Rec'd Y/Office:
Our File:
Date: June 10, 1991
Ford vs. Diamond Bar
Susna Ford
3/3/91
3/14/91
S 65462 DK/CV
We have reviewed the above captioned claim and request that you take
the action indicated below:
XXXM CLAIM REJECTION: Send a standard rejection letter to the claimant.
[� CLAIM INSUFFICIENCY: In accordance with the telephone conversation
of , 19 , a notice of insufficiency must be mailed
to the claimant no later than , 19•THIS MUST BE
MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL
CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See
Government Code Sections 910 and/or 910.2 and or 910.4.
b AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to
the claimant, rejecting this additional/amended claim.
i� LATE CLAIM RESPONSE: Return the original claim material to the
claimant, advising that the claim is late and that their only
recourse is to file a written "Application for Leave to Present
a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED
TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR
OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code
Section 911.4.
APPLICATION REJECTION: Reject claimant's "Application for Leave
to Present a Late Claim". See Government Code Section 911.8.
Q TAKE NO ACTION: Defer any written response to the claimant
pending our further advice.
Please provide us with a copy of the notice sent, as requested above.
If you have any questions, please contact the undersigned.
r
Very truly yours,
=J. Y
D
(Adjuster)
CLAIM FOR DAMAGES RESERVED FOR FILING STAMP
Claims for death or for injury to person or personal property or growing
crops must be filed within 6 monthsof the occurrence which caused the injury.
All other claims must be filed within one year. See Government Code 911.2.
Read the entire claim before filing. Attach copies of estimates, bills, re-
ceipts, and all other documents in support of the claim. Attach separate sheets
for diagrams and additional information, if needed. SIGN EACH SHEET.
ro CITY OF DIAMOND BAR, CALIFORNIA
DATE
I W(!M WUNT� �
\Wm� � Q' A a
Ce'Me�� W09o �e.0 est. � .
Mk\' KKK �Ov' %,
NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS
:oee.. �ouih on
E�pANA W 1P� HY P('(`BL�IC ENT! ry� EpSP�O,(VSIBL��1 ' INJURY DAMAGE O Loss
�l`voj`I`��c`�jo y our �• `
P P �
NAMES, ADDRESSES 8 PHONE NUMBERS OF WITNESSES & DOCTORS
kom11
�F�INJURY, pAMA�E R SS •
(\� ru��.e.�
� w r��
b
DESCRIPTION �
EMIZ D AMOUN.TOF CL E 1 E IF UNKNOWN)
►ro.��o� y- It0.00
aa. �o o d �h bo�c - Lpno
��0
SIGNATURE OF
TAT)VE
DA
CLAIM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense,
and filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72.
J
•
� P
'�` ��
i
�i
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 18, 1991 MEETING DATE: July 2, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Lynda Burges'; City Clerk
SUBJECT: November 5, 1991 General Municipal Election
ISSUE STATEMENT
Pursuant to the California Elections Code, the City Council must adopt
resolutions calling and giving notice of the holding of an election and
requesting the Board of Supervisors to consolidate the City's election with
the School and Udel Elections on November 5, 1991. In addition, the City
Council must adopt regulations pertaining to the filing of candidates'
statements.
RECOMMENDATION
It is respectfully requested that Your Honorable Body adopt the three
Resolutions transmitted herewith in the following order:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1991, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 5, 1991, WITH THE SCHOOL AND UDEL ELECTIONS TO BE HELD
ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE.
(Narrative contirxxd on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
----------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange
City Manager City Attorney Assistant City Manager
Honorable Mayor & Members of the City Council
July 2, 1991
Page Two
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1991
RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
1991, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a General Municipal
Election shall be held on November 5, 1991, for the election of
Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws
of the State of California relating to General Law Cities, there is
called and ordered to be held in the City of Diamond Bar,
California, on Tuesday, November 5, 1991, a General Municipal
Election for the purpose of electing Two Members of the City
Council for the full term of four years.
SECTION 2. That the ballots to be used at the election
shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed
and directed to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 4. That the polls for the election shall be open
at seven o'clock a.m. of the day of the election and shall remain
open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in
Section 14301 of the Elections Code of the State of California.
SECTION S. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION 6. That notice of the time and place of holding
the election is given and the City Clerk is authorized, instructed
and directed to give further or additional notice of the election,
in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the book
of original Resolutions.
PASSED, APPROVED AND ADOPTED ON ,
1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
1991, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of
Diamond Bar
-2-
RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO
BE HELD ON NOVEMBER 5, 1991, WITH THE SCHOOL AND UDEL
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF
THE ELECTIONS CODE
WHEREAS, the City Council of the City of Diamond Bar called a
General Municipal Election to be held on November 5, 1991, for the
purpose of the election of two Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election
be consolidated with the School and Udel Elections to be held on
the same date and that within the city the precincts, polling
places and election officers of the two elections be the same, and
that the county election department of the County of Los Angeles
canvass the returns of the General Municipal Election and that the
election be held in all respects as if there were only one
election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, RECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 23302
of the Elections Code, the Board of Supervisors of the County of
Los Angeles is hereby requested to consent and agree to the
consolidation of a General Municipal Election with the School and
Udel Elections on Tuesday, November 5, 1991, for the purpose of the
election of two Members of the City Council.
SECTION 2. That the county election department is authorized
to canvass the returns of the General Municipal Election. The
election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to
issue instructions to the county election department to take any
and all steps necessary for the holding of the consolidated
election.
SECTION 4. That the City of Diamond Bar recognizes that
additional costs will be incurred by the County by reason of this
consolidation and agrees to reimburse the County for any costs.
SECTION S. That the City Clerk is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and
the county election department of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage
and adoption of this resolution and enter it into the book of
original resolutions.
PASSED, APPROVED AND ADOPTED ON
Mayor
. 1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
, 1991,
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City
of Diamond Bar
RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1991
WHEREAS, Section 10012 of the Elections Code of the State of
California provides that the governing body of any local agency
adopt regulations pertaining to materials prepared by any candidate
for a municipal election, including costs of the candidates
statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section
10012 of the Election Code of the State of California, each
candidate for elective office to be voted for at an Election to be
held in the City of Diamond Bar on November 5, 1991 may prepare a
candidate's statement on an appropriate form provided by the City
Clerk. The statement may include the name, age and occupation of
the candidate and a brief description of no more than 200 words of
the candidates education and qualifications expressed by the
candidate himself or herself. The statement shall not include
party affiliation of the candidate, nor membership or activity in
partisan political organizations. The statement shall be filed in
the office of the City Clerk at the time the candidate's nomination
papers are filed. The statement may be withdrawn, but not changed,
during the period for filing nomination papers and until 5:00 p.m.
of the next working day after the close of the nomination period.
SECTION 2. SPANISH LANGUAGE. The City Clerk shall have
translated and printed in the voters pamphlet only the candidates
statements of those candidates who request translation and
printing.
SECTION 3. ADDITIONAL MATERIALS. No candidate will be
permitted to include additional materials in the sample ballot
package.
SECTION 4. PAYMENT. The City Clerk shall estimate the total
cost of printing, handling, translating, and mailing the candidates
statements filed pursuant to the Elections Code, and require each
candidate filing a statement to pay in advance his or her pro rata
share as a condition of having his or her statement included in the
voter's pamphlet. The City Clerk shall bill each candidate for any
cost in excess of the deposit or shall refund within 30 days of the
election any unused portion of the deposit.
SECTION 5. That the City Clerk shall provide each candidate
or the candidate's representative a copy of this Resolution at the
time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing Council
policy on payment for candidates statements are repealed.
SECTION 7. That this resolution shall apply at the next
ensuing municipal election and at each municipal election after
that time.
SECTION S. That the City Clerk shall certify to the passage
and adoption of this resolution and enter it into the book of
original resolutions.
PASSED, APPROVED AND ADOPTED ON
Mayor
, 1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the day of
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
, 1991,
ATTEST:
City Clerk of the City
of Diamond Bar
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
----------------- ----------------------
DATE: June 14, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Jalal Mousavi, City Engineer, or of Public Works
SUBJECT: Paratransit Services
ISSUE STATEMENT
The County of Los Angeles currently provides paratransit dial -a -ride services
for the elderly and disabled citizens of the City of Diamond Bar. It is
proposed to enter into a new agreement with the County for Fiscal Year 1991-92
for the same services.
RECOMMENDATION
It is recommended that the City Council approve the attached agreement and
direct the City Clerk to forward the original and two copies to Los Angeles
County Department of Public Works for further processing.
BACKGROUND & ANALYSIS
The proposed agreement, which is similar to the one we currently have, provides
for the continuation of transportation service for the elderly and disabled who
reside in the City of Diamond Bar from July 1, 1991 through June 30, 1992.
Operating hours of service shall be from 8:00 a.m. to 5:00 p.m., Monday through
Friday, excep on six major holidays (a minimum 24-hour advance reservation will
normally be required).
County proposes to administer the service and to bill the City for the actual
cost of City portion of service, including marketing and County's monitoring
and administration costs. It is estimated that the cost for Fiscal Year
1991-92 will be $20,000 and the City's Proposition A funds will be used for
these services.
FISCAL IMPACT:
Amount Requested
Budgeted Amount
In Account Number:
Deficit: $
Revenue Source:
REVIEWED
$ 20,000
$ 20,000
N/A
N/A
Proposition A Funds
---------------------- ----------------------
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
IIm PC 4
Terrence L. BelangeV
Assistant City Manager
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 11, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Linda G. Magnusori,"Senior Accountant
SUBJECT: 1991 Tax and Revenue Anticipation Notes
ISSUE STATEMENT:
The City of Diamond Bar is considering the issuance of $1,700,000 in Tax and
Revenue Anticipation Notes.
RECOMMENDATION:
Approve Resolution 91- authorizing the issuance of Tax and Revenue
Anticipation Notes (TRAN) in the amount of $1,700,000 by the City of Diamond Bar,
approving the Official Statement, and approving the Paying Agent and Servicing
Agent Agreement.
BACKGROUND:
During Fiscal Year 1991-92, the City of Diamond Bar is considering the issuance
of a TRAM in anticipation of the receipt of tax revenues. Due to the timing of
the actual receipt of tax revenues, the City may experience temporary cash flow
shortages in the General Fund. To assist the City in meeting its obligations, the
Federal and State governments have authorized the issuance of tax-exempt bonds to
assist in the short-term cash flow financing for services.
It is anticipated that the cost of the issuance of these notes will not exceed the
TRAM investment earnings.
FISCAL IMPACT:
Amount Requested
Budgeted Amount
In Account Number:
Deficit:
Revenue Source:
Robert L. Van Nort
City Manager
(Narrative continued on next page if necessary)
$ See Schedule Attached
R
---------------------- Q_`• w.►`�`.51� _`ry'=-
Andrew V. Arczynski Terrance Belanger i
City Attorney Asst. City Manager
CALCULATING THE FINANCIAL BENEFIT TO THE CITY
Step 1: Calculating the Interest Cost
Size of Note Borrowing 1,700,000
Estimated Interest Rate 5.0%
Annual Interest Cost 93,500
Step 2: Calculating Interest Earnings
Size of Note Borrowing 1,700,000
Less Cost of Issuance 14,150
Net Proceeds 1,685,850
Estimated Reinvestment Rate 8.0%
Annual Interest Earnings 134,868
Step 3: Calculating the_ Benefit
Difference Between Interest 41,368
Cost and Interest Earnings 14,750
Benefit $26,618
(Numbers provided by Sutro & Co.)
AGENDA NO. r
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 13, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Joann M. Sauizsenior Accountant
SUBJECT: Resolution 91 -XX Approving and Adopting a Budget for Fiscal Year
1991-1992
RECOMMENDATION:
Adopt Resolution No. 91 -XX approving and adopting the City of Diamond Bar's
Annual Budget for Fiscal Year 1991-1992.
DISCUSSION:
At the City Council meeting of May 21, 1991, the City Council reviewed and
approved the City of Diamond Bar's 1991-1992 Annual Budget. However, it is
standard council procedure to formally adopt the annual budget by resolution.
This resolution should have been included with the budget at the May 21st
meeting but it was inadvertently omitted. It is requested that the city
council review and adopt the attached resolution.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
REVIEWED BY:
v v civvv� � c
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belange
City Manager City Attorney Assistant City Manager
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET
FOR THE CITY OF DIAMOND BAR FOR THE FISCAL
YEAR COMMENCING JULY 1, 1991 AND ENDING JUNE
30, 1992 INCLUDING MAINTENANCE AND OPERATIONS,
SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET
FORTH.
A. Recitals
(i) The City Manager has heretofore prepared and
presented to this City Council a proposed budget for the City's
fiscal year 1991-1992, including staffing and position allocations,
maintenance and operations, special funds and capital improvements,
including appropriations therefor (the "Budget" sometimes
hereinafter).
(ii) The Planning Commission of the City of Diamond
Bar has heretofore conducted and concluded a duly noticed public
hearing on the proposed capital improvements specified in the
Budget and has rendered to the City Council its report thereon
concerning conformity of the capital improvement program with the
City's proposed general plan, all as required by California
Government Code Section 65401. Copies of the Budget are on file in
the office of the City Clerk labeled "City of Diamond Bar 1991-1992
Budget" and said Budget hereby is made a part of this Resolution.
(iii) The City Council has conducted a duly noticed
public hearing on the entirety of the fiscal year 1991-1992 Budget
and concluded said hearing prior to the adoption of this
Resolution.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION.
NOW THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part
A, of this Resolution.
2. The City Council hereby finds and determines that the
capital improvement program set forth in the Budget, and each
project identified therein, is categorically exempt from the
requirements of the California Environmental Quality Act of 1970,
as amended, and the guidelines promulgated thereunder pursuant to
Section 15301 of Division 6 of Title 14 of the California Code of
Regulations.
3. The Budget, including the changes enumerated and
directed to be made by the City Council during the course of the
public hearing conducted by the City Council, hereby is adopted as
the Budget of the City of Diamond Bar for the fiscal year
commencing July 1, 1991 and ending June 30, 1992 and consisting of
the estimated and anticipated expenditures and revenues for that
fiscal year.
4. There are hereby appropriated for obligations and
expenditures by the City Manager the amounts shown for the various
departments, divisions and objects set forth in the Budget. All
obligations and expenditures shall be incurred and made in the
manner provided by the provisions of State law and City ordinances
and resolutions applicable to purchasing and contracting.
5. Subject to further provision of this Resolution, the
appropriations made above constitute the maximum amount authorized
for obligation and expenditure by the City Manager for respective
departments, divisions and objects as set forth in the Budget.
Each department head shall be responsible, as well as the City
Manager, for seeing that said maximum amounts are not exceeded.
6. No warrant shall issue nor shall any indebtedness be
incurred which exceeds the unexpended balance of the fund and
department appropriations hereinabove authorized unless such
appropriations shall have been amended by a supplemental
appropriation duly enacted by the City Council, or by individual
appropriations within any aforesaid fund or department therein,
except insofar as the City Manager may authorized transfers
pursuant to this Resolution.
7. Within the various funds and departments contained in
the Budget, the City Manager is authorized to employ, during the
fiscal year covered by said Budget, the number and classification
of such full time employees as are shown in the Budget all subject
to the provisions of the City's classification and compensation
plans as amended and adopted by the City Council. Part time and
seasonal employees are authorized as necessary by the City Manager
provided that the total to be obligated and expended within any
fund and department set forth in the Budget, with respect to
salaries and wages therefor, shall not exceed the budgeted and
appropriated amount, as the same may be amended by the City
Council, from time to time.
8. The City Manager hereby is authorized to transfer
funds appropriated hereby or by supplemental appropriation as
follows: With respect to those classifications designated by code
1000 series, 2000 series and code 6000 series, the City Manager may
transfer amounts between and within those classifications, but only
within a department or fund.
9. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, ADOPTED AND APPROVED this day of
11 1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond bar held on the day of , 1991, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
AGENDA NO.
-----------------------
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 13, 1991 MEETING DATE. June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Jalal Mousavi, City Engineer/Director of Publi orks
Charles Janiel, Director of Parks and Maintenanc
SUBJECT: Installation of New Playground Equipment at
Sycamore Canyon Park and Heritage Park
ISSUE
The City Council has directed the staff to replace the existing old playground
equipment at Sycamore Canyon Park and Heritage Park. This report requests the
City Council's authorization to award the contract for the installation of new
equipment at the parks.
RECOMMENDATION
It is recommended that City Council award the contract to Keith Vint and
Associates, the lowest responsible bidder in the amount of $25,370 for the
installation of playground equipment at Heritage Park and Sycamore Canyon Park.
BACKGROUND
At the May 21, 1991 City Council meeting staff was authorized to advertise for
and receive bids for the installation of new playground equipment at two (2)
City parks, Heritage and Sycamore Canyon. Staff prepared plans and
specifications and solicited bids from vendors. Although bid packages were
purchased by five (5) vendors, only one (1) bid in the amount of $25,370 was
submitted.
(Narrative continued on the next page)
FISCAL IMPACT:
Amount Requested $ 25,370
Budgeted Amount $ 26,000
In Account Number: 001-4310-6400
Deficit: $ N/A
Revenue Source: General Fund
REVIEWED BY:
--------------- --------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
Page Two
Installation of New Playground Equipment at
Sycamore Canyon Park and Heritage Park
In order to ascertain the reasons why the other vendors did not submit bids,
staff contacted all contractors. The following were the reasons that they
generally expressed.
1. Pacific Design Concepts indicated that they were not able to arrive at
City Hall on time due to an accident on the freeway and therefore their
bid was considered late.
2. Dave Bang and Associate's bonding capacity did not allow them to submit
additional bids.
3. Moore Park and Recreation Equipment's bonding capacity did not allow them
to submit additional bids.
4. Mountain View Construction could not locate the equipment and appropriate
bid prices.
Although the City received only one bid, however, the bid amount of $25,370 is
$630.00 or 2.480 less than the original estimate. This company has provided
similar services to the City in the past and their work has been satisfactory.
Therefore, staff has determined that Keith Vint and Associates is the lowest
responsible bidder.
AGENDA NO.
--------------------
CITY OF DIAMOND BAR
AGENDA REPORT
-------------------- -----------------------------
DATE: June 14, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM:
Sid Jalal Mousavi, City Engineer/Directo of lic Works
SUBJECT: Lot Line Adjustment
2260 and 2276 Indian Creek Road, Diamond Bar
Lots 67 and 68, Tract Map No. 23483
ISSUE STATEMENT
This report requests City Council approval for subject lot line adjustment
pursuant to the requirement of the State Map Act.
RECOMMENDATION
It is recommended that the City Council approve the lot line adjustment and
authorize: 1) the City Engineer to sign the map, and 2) direct the City Clerk
to process it for recordation.
BACKGROUND & ANALYSIS
The proposed lot line adjustment is for lots 67 and 68, Tract No. 23483. Lot
67 is 1.41 acres and lot 68 is 1.45 acres. Total adjustment is 1197.42 square
feet or approximately .03 acres. These lots are located within R-1-40,000
zone. Both property owners have agreed to the proposed lot line adjustment.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
BY:
---------------------- --------------y------- �-------`--- �- --- -/
Robert L. Van Nort Andrew V. Arcz nski Terrence L. Belan r
City Manager City Attorney Assistant City Manager
AGENDA ITEM #12
NO DOCUMENTATION AVAILABLE
AGENDA NO.,
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 12, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Jim DeStefano, Planning Directkql-p
SUBJECT: A resolution of the City Council of the City of Diamond Bar
approving, subject to conditions, the modification of conditional
use permit 1634-1 for the purpose of extending the time for
development of the project, for the property located at 3225
Diamond Bar Blvd. owned by the Evangelical Free Church of Diamond
Bar.
ISSUE STATEMENT:
The City Council is considering adoption of a Resolution approving an extension
of time in order to complete development of a church and related facilities.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 91 -XX approving the
extension of time request.
BACKGROUND AND ANALYSIS:
The Evangelical Free Church of Diamond Bar was approved and granted a Conditional
Use Permit by the County in November, 1980 (CUP 1634-1). A condition of CUP 1634-
1 required that the project be fully developed within a ten year period. At the
conclusion of the ten year period the site has not been fully developed.
On March 11, 1991 the Planning Commission concluded its discussion on the request.
The commission failed to achieve a majority consensus as to how best to balance
the development needs of the Church and the City.
(narrative continued on next page)
FISCAL IMPACT:
Amount Requested
Budgeted Amount N/A
In Account Number:
Deficit:
Revenue Source:
REVIEWED BY:
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
On May 21, 1991, the City Council discussed the request for time extension and
concluded by directing staff to prepare a resolution of approval incorporating a
five year time extension, a tree preservation plan, and a parking management plan.
A resolution for consideration was presented to the Council on June 4, 1991.
Additional refinements to the language outlining the Tree Preservation Plan were
requested by the Church and the City.
Attached to this report is a Resolution of approval for Council consideration.
Attachment "A" to the Resolution outlines a revised plan to preserve certain trees
on the site and responds to the removal of or damage to trees. The Parking
Management Plan describes the permissible locations for off-site parking. The
Resolution has been prepared with input and support from representatives of the
church.
FISCAL IMPACT•
The project has no fiscal impact.
Attachment
Proposed Resolution of Approval
ATTACHMENT "A"
CUP 1634-1
EVANGELICAL FREE CHURCH OF DIAMOND BAR
1. TREE PRESERVATION PLAN
The purpose of this condition is to protect certain trees as
identified on Exhibit "A" entitled "Tree Preservation Plan" in
order to preserve and maintain the scenic beauty of this site.
All trees within thirty-five feet (351) of the property line, with
a circumference exceeding four feet (41) as measured forty-eight
inches (4811) from grade shall be preserved on the site. In the
event of removal or damage of trees intended to be preserved
herein, such removed or damaged trees shall be replaced by the
planting of three.trees, of aggregate equivalent species, size and
value, for each removed or damaged tree. The aforementioned
replacement trees shall be placed on the site in a location
mutually selected, by the applicant and the City. All other trees
to be removed or relocated shall follow the provisions of Section
22.56.2050 of the Los Angeles County Codes pertaining to Oak Tree
Permits.
Trees may be removed in cases of emergency caused by a hazardous or
dangerous condition as a result of disease, flood, fire, wind, or
lightning, as determined after visual inspection by the applicant,
the City, and a licensed forester with the Department of Los
Angeles County Forester and Fire Warden.
This modification with regard to Tree Preservation pertains to this
C.U.P. only, and shall not be effective in the future with regard
to future extensions, requests for additional permits and will not
preclude future removal of trees in the event of future church
growth and plans for redevelopment of the church. Removal of trees
in the future shall be subject to City regulations in effect at
that time.
2. PARKING MANAGEMENT PLAN
No parking for services or uses conducted on this property shall be
provided on any neighboring residential streets. Any off-site
parking in nearby commercial areas shall be done with the express
consent of owner or tenant. Parking, where legally permissible, is
permitted on Brea Canyon Road. This parking management plan is not
intended to replace the provisions contained in C.U.P. 1634-1 and
is an addendum only.
Rev. 6-12-91
:-Wit Sz T4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING, SUBJECT TO
CONDITIONS, THE MODIFICATION OF CONDITIONAL
USE PERMIT 1634-1 FOR THE PURPOSE OF EXTENDING
THE TIME FOR DEVELOPMENT OF THE PROJECT, FOR
THE PROPERTY LOCATED AT 3255 DIAMOND BAR
BOULEVARD OWNED BY THE EVANGELICAL FREE CHURCH
OF DIAMOND BAR.
A. Recitals.
(i) The Evangelical Free Church of Diamond Bar was
approved and granted a Conditional Use Permit in November of
1980. A condition of C.U.P. 1634-1 required that the project be
fully developed within a ten year period. At the conclusion of
the ten year period, the site has not been fully developed.
(ii) The Planning Commission of the City of Diamond
Bar adopted its Resolution No. 91-8 on April 8, 1991. The
Commission reviewed the proposed extension request on November
19, 1990, February 11, 1991 and concluded on March 11, 1991. The
Planning Commission failed to achieve a majority consensus as to
how best to balance the development needs of the applicant and
the City.
(iii) The Council of the City of Diamond Bar, at a
duly noticed public hearing held on May 21, 1991, heard testimony
in regard to the request for a time extension and deliberated
thereupon. After due deliberation, the Council determined that
the time extension should be granted subject to certain
reasonable conditions and directed that the grant of
1
approval be modified to reflect the time extension and the
reasonable conditions.
(iv) All legal requirements and preconditions
necessary to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF DIAMOND BAR as follows:
1. In all respects as set forth in section A,
Recitals, hereinabove.
2. The Council has resolved that condition number 18
of Conditional Use Permit Case No. 1634-1 shall be modified to
read:
"The proposals may be constructed in three phases;
but it shall consist of no more than three such
construction phases and all construction phases must be
completed within fifteen (15) years of the date of this
grant."
3. The Council of the City of Diamond Bar further
imposes the additional reasonable conditions related to the five
year time extension provided in the modified condition number 18
hereinabove as set forth on Attachment "A" attached and hereby
incorporated by reference herein.
4. The City Clerk shall certify to the adoption of
this Resolution.
2
PASSED, ADOPTED AND APPROVED this 18th day of June, 1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the 18th day of June, 1991, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
N\1011\RES0EVFC\DB 3
City Clerk of the City
of Diamond Bar
AGENDA NO. T
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 14, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Parks and Recreation Commission
SUBJECT: CONCERTS IN THE PARK
ISSUE STATEMENT:
The Concert in the Park Summer series has received offers of sponsorship by City
service clubs. With the offers of sponsorship, the service clubs have asked to
be allowed to sell food and beverages, at some of the concerts. It is necessary
to develop a policy, which addresses these operational matters.
RECOMMENDATION•
The Parks and Recreation Commission recommends that the City Council approve a
Concerts in the Park operational policy, which includes the following:
1. Contributions of $100 or more made by individuals, organizations and
businesses shall be considered to be sponsorship of the entire Concert in
the Park series for the year in which the contribution is made.
2. Contributors to any annual Concert in the Park series shall have the name
of the individual, organization or business appear on all of that year's
Concert series programs as a patron of the Concert in the Park series.
3. The opportunity to sell food and beverage concessions, at each of the
five (5) 1991 concerts, be made available to non-profit community
organizations, with the condition that all net proceeds from the sale of
food and/or beverages for the 1991 Concert in the Park series be donated
towards the Memorial Plaque project.
FISCAL IMPACT:
Amount Requested $ There is no fiscal impact that is determinable, at this
Budgeted Amount $ time. Any future fiscal impact Mould result in
In Account Number: revenues to the City General Fund (Memorial Plaque).
Deficit: $
Revenue Source:
BY:
------ ------- ----- ---------- ------------- --- -------- --
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang-
City Manager City Attorney Assistant City Manager
AGENDA NO.
--------- --- - - --
CITY OF DIAMOND BAR
AGENDA REPORT
---------------------------------------
DATE: June 12, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
PROM: Sid Jalal Mousavi, City Engineer/Direc or of Public Works
SUBJECT: Landscaping Assessment District No. 38
(A City -Wide District)
ISSUE STATEMENT
Pursuant to the City Council's direction, staff has prepared the Engineer's
Report for the city-wide Landscaping Assessment District No. 38 for the Fiscal
Year 1991-92. A copy of this report is a is attached for your review.
RECOMMENDATION
It is recommended that the City Council approve the Engineer's Report, adopt
the attached resolution and set a time and a place for a hearing before the
Council on the question of the levy of the proposed assessment on assessable
lots within District 38 and direct the City Clerk to advertise the hearing.
BACKGROUND AND ANALYSIS
The attached Engineer's Report for the City's Landscaping Assessment District
No. 38, which is a city-wide Landscaping Assessment District, is prepared
pursuant to provisions of the Landscaping and Lighting Act of 1972 (Part 2 of
Division 15 of the Streets and Highway Code of the State of California). The
report includes the estimated costs of improvements and assessments. The
estimated assessment per parcel for Fiscal Year 1990-91 is $31.00.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
Y&t4kq
Terrence L. Belan
Assistant City Manager
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE REPORT FIELD PURSUANT TO SECTION 22623 OF THE
STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND FIXING AND GIVING
NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING ON THE LEVY OF AN
ASSESSMENT ON SAID DISTRICT FOR FISCAL YEAR 1991-92.
A. RECITALS.
(i) Heretofore, City of Diamond Bar Landscaping Assessment
District No. 38 was created pursuant to Part 2 of Division 15 of the
California Streets and Highway Code §22500, et. seq.
(ii) The City Engineer has prepared, filed with the City Clerk
and presented to this Council a report relating to said assessment district
pursuant to the provisions of Section 2263 of the California Streets and
Highways Code.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
1. In all respects as set fourth in the Recitals, Part A, of
this Resolution.
2. The above-described report submitted by the City Engineer
relating to City of Diamond Bar Landscaping Assessment District No. 38 is
hereby approved as filed.
3. This Council hereby declares its intention to levy and
collect assessments during fiscal year 1991-92 pursuant to Part 2 of Division
15 of the Streets and Highways Code of the State of California, known as the
_T 53I.UU_
"Landscaping and Lighting Act of 1972," on that area designated "City of
Diamond Bar Landscaping Assessment District No. 38," an area more particularly
described in Exhibit "A-1" attached hereto and incorporated herein by
reference.
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and possible future replacement of lighting,
landscaping and any facilities which are appurtenant thereto or which
are necessary or convenient for the maintenance and servicing thereof,
including grading, clearing, removal of debris, pruning, fertilization,
pest control, weed control, the installation or construction of curbs,
gutters walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance, servicing, landscaping and
related work shall be within the area of Landscaping Assessment District
No. 38 as described in Exhibit "A-1".
5. Reference is hereby made to the report of the City Engineer
relating to the said assessment district hereinabove approved. Said report
is on file with the City Clerk of the City of Diamond Bar and contains a full
and detailed description of the improvements, the boundaries of the assessment
district and contains the proposed assessments upon assessable lots and
parcels of land within City of Diamond Bar Landscaping Assessment District No.
38 for fiscal year 1991-92. Said proposed assessment per lot is the amount
of $31.00.
6. This council hereby fixes 7:00 p.m. on July 16, 1991 in the
Board Room, Walnut Valley Unified School District, 880 South Lemon Avenue,
Diamond Bar, California, as the time and place for a hearing before this
council on this question of the levy of the proposed assessments on assessable
lots within City of Diamond Bar Landscaping Assessment District No. 38 for
fiscal year 1991-92 and hereby gives notice of said hearing.
7. The City Clerk shall:
a. Certify to the adoption of this resolution; and
b. Cause a true and correct copy of this Resolution to
be published pursuant to California Government Code §6061.
ADOPTED AND APPROVED this day of , 1991.
Mayor
I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on day of
, 1991 by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Cler
City of Diamond Bar
ASL Consultants, Inc.
1991 - 1992
ENGINEER'S REPORT
for the City of Diamond Bar
Landscaping Assessment District No. 38
Prepared By:
ASL Consultants, Inc.
55 E. Huntington Drive, Suite 200
Arcadia, California 91006
1905.001/Engrpt38.LSS
ASL Consultants, Inc.
SECTION 1. AUTHORITY FOR REPORT
This report is, prepared under the authority and
direction of the City Council of the City of Diamond Bar pursuant to their
Resolution No. and in compliance with the requirements of Article 4,
Chapter 1, Landscaping and Lighting Act of 1972.
SECTION 2. PLANS AND SPECIFICATIONS
The plans and specifications for the improvements
within the district are on file in the City Hall of the City of Diamond Bar
and are available for public inspection. Reference is hereby made to said
plans and specification for the exact location and nature of the improvements
and is hereby made a part of this report.
SECTION 3. ESTIMATE OF COSTS OF IMPROVEMENTS
The total estimated costs for the maintenance of
improvements within the district are as follows:
REVENUE:
1990-91 1990-91 1991-92
Adopted Budget Adj. Budget Adopted Budget
2550 Approp. Fund Balance
$350,000
$ 20,891
($ 47,439)
3015 Prop. Tx -Sp Assessment
208,335
208,335
316,989
3810 Interest Revenue
3,000
Benefits
TOTAL
558,335
229,226
269,550
APPROPRIATIONS:
4538-0010
Salaries
16,824
25,000
4538-0030
Part Time Wages
635
4538-0080
Benefits
2,356
3,800
4538-0083
Wkr's Comp Exp.
630
1,000
4538-0085
Medicare Exp.
254
400
4538-0090
Cafeteria Benefits
1,766
3,600
4538-2126
Utilities
70,000
70,000
49,300
4538-2210
Maint-Grounds & Bldg.
8,000
15,000
4538-4000
Professional Svcs
10,000
6,250
4538-5500
Contract Svcs
71,200
81,200
67,200
4538-5519
Weed/Pest Abatement
3,000
4538-6410
Capital Improvements
380,000
95,000
5,000
4538-4980
Admin & Inspection
19,084
4915-9250
Transfer out-C1P
60,000
2550
Reserves
8,051
(47,439)
30,000
TOTAL
$558,335
$229,226
$269,550
Note Capital
Projects Include:
45 Temple Avenue
60,000
ASL Consultants, Inc.
SECTION 4. DIAGRAM FOR DISTRICT
Landscaping Assessment District No. 38 is a city wide
district and consists of all assessable parcels located within the boundaries
shown on the Assessment Diagram labeled "Exhibit A-1" attached hereto.
SECTION 5. ASSESSMENT
The landscape and open space improvements have been
established and are maintained for the safety and enjoyment of all the
properties within the assessment district boundaries, and all parcels with
the district benefit from the improvements.
The amount estimated to be assessed upon the lands
within the district and the amount apportioned to each assessable parcel
within the district is shown in the table below.
Estimated Estimated Estimated
Assessment No. of Assessment
Requirements Parcels Per Parcel
$316,989 17,284 $19.00
1990-91 1991-92
Assessment Assessment
Per Parcel Per Parcel Difference
$15.00 $19.00 $4.00
Respectfully su mitted,
illiam E. Bennett
Assessment Engineer
X TEM NO . 4 5
C 7E9ffY OF D= AMOND BAR
CAPITAL IMPROVEMENT PROJECTS 1990 - 1994
LANDSCAPING AND IRRIGATION
PROJECT: Landscape Parkways on Temple Avenue between
Golden Springs Drive and Diamond Bar
Boulevard.
COORDINATING
AGENCIES:
ESTIMATED COST: $60,000.00 The northerly parkway is within
the City of Pomona.
FUNDING SOURCE: LLAD #38
SCHEDULING: FY 93 -94
PROJECT /
PRIORITY NUMBER:
LOCATION:
A,q`
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE AMENDED REPORT FILED PURSUANT TO SECTION 22623 OF
THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND FIXING AND GIVING
NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING ON THE LEVY OF AN
ASSESSMENT ON SAID DISTRICT FOR FISCAL YEAR 1991-92.
A. RECITALS.
(i) Heretofore, City of Diamond Bar Landscaping Assessment
District No. 38 was created pursuant to Part 2 of Division 15 of the
California Streets and Highway Code §22500, et. seq.
(ii) The City Engineer has prepared, filed with the City Clerk
and presented to this Council a report relating to said assessment district
pursuant to the provisions of Section 2263 of the California Streets and
Highways Code.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and resolve as follows:
I. In all respects as set fourth in the Recitals, Part A, of
this Resolution.
2. The above-described report submitted by the City Engineer
relating to City of Diamond Bar Landscaping Assessment District No. 38 is
hereby approved as filed.
3. This Council hereby declares its intention to levy and
collect assessments during fiscal year 1991-92 pursuant to Part 2 of Division
15 of the Streets and Highways Code of the State of California, known as the
"Landscaping and Lighting Act of 1972," on that area designated "City of
Diamond Bar Landscaping Assessment District No. 38," an area more particularly
described in Exhibit "A-1" attached hereto and incorporated herein by
reference.
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and possible future replacement of lighting,
landscaping and any facilities which are appurtenant thereto or which
are necessary or convenient for the maintenance and servicing thereof,
including grading, clearing, removal of debris, pruning, fertilization,
pest control, weed control, the installation or construction of curbs,
gutters walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance, servicing, landscaping and
related work shall be within the area of Landscaping Assessment District
No. 38 as described in Exhibit "A-1".
5. Reference is hereby made to the report of the City Engineer
relating to the said assessment district hereinabove approved. Said report
is on file with the City Clerk of the City of Diamond Bar and contains a full
and detailed description of the improvements, the boundaries of the assessment
district and contains the proposed assessments upon assessable lots and
parcels of land within City of Diamond Bar Landscaping Assessment District No.
38 for fiscal year 1991-92. Said proposed assessment per lot is the amount
of $19.00.
6. This council hereby fixes 7:00 p.m. on July 16, 1991 in the
Board Room, Walnut Valley Unified School District, 880 South Lemon Avenue,
Diamond Bar, California, as the time and place for a hearing before this
council on this question of the levy of the proposed assessments on assessable
lots within City of Diamond Bar Landscaping Assessment District No. 38 for
fiscal year 1991-92 and hereby gives notice of said hearing.
7. The City Clerk shall:
a. Certify to the adoption of this resolution; and
b. Cause a true and correct copy of this Resolution to
be published pursuant to California Government Code §6061.
ADOPTED AND APPROVED this day of , 1991.
Mayor
I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on day of
, 1991 by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
mx
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W
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AGENDA NO. j',
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 14, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
LO
FROM: Lynda Burgess, City Clerk
SUBJECT: PLACEMENT OF ADVISORY MEASURES ON NOVEMBER 5, 1991 BALLOT
ISSUE STATEMENT
At the meeting of June 4, 1991, the City Council directed staff to research
costs charged by the County of Los Angeles in placing up to four advisory
measures on the November 5, 1991 ballot along with the two City Council seats
to be filled at that time.
RECOMMENDATION
Council policy and direct staff as necessary.
BACKGROUND AND ANALYSIS
Should Council desire to proceed with placing advisory measures on the
ballot, the following deadlines must be met:
Last Regular City
Deadline Council Meeting Date Action to be Taken
July 8 July 2 Adopt Resolution re Regulations for
Candidates' Statements
July 14 July 2 Adopt Resolutions:
1) Requesting Consolidation
2) Calling Election for Candidates & Measures
3) Providing for the Filing of Rebuttal
Arguments
4) Setting Priorities for Filing of Written
Arguments and Directing City Attorney to
Prepare Impartial Analysis
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
Honorable Mayor and City Council
June 18, 1991
Page Two
It should be noted that although the State Elections Code allows adoption of
a Resolution calling an election for ballot measures through the 88th day
prior to the Election, the City's Election Consultant, Martin & Chapman Co.,
advises that this provision was intended for measures placed on the ballot
through the initiative process. If the decision to call an election for
advisory measures were to take place after July 14th, the City may need to
adopt a second Resolution requesting the County of Los Angeles to permit
consolidation of these matters with the school district elections.
Notwithstanding the Council's position on placing advisory measures on the
November ballot, the City is still required to adopt Resolutions requesting
consolidation pertaining to candidates, calling the election, adopting
regulations for Candidates' Statements, providing for the filing of rebuttal
arguments and setting priorities for filing of written arguments and
directing the City Attorney to prepare an impartial analysis needs to be
accomplished prior to the July 14th deadline. (Resolutions pertaining to
arguments and rebuttal arguments are optional and need be adopted once rather
than during each election season. However, if measures are to be included in
November and should the Council desire to provide for the filing of arguments
and rebuttals, these Resolutions must also be adopted prior to July 14th.)
When contacted regarding cost estimates, the Chief of the Los Angeles County
Registrar -Recorder's Election Services Division informed staff that cost
estimates are not normally provided to other agencies until July. However,
they would attempt to provide "rough" estimates by Friday, June 14, 1991.
These estimates are not yet available but will be provided prior to the
meeting.
-10-offiw I/
'404ra44 ��Zi c neap
JAMES L. MARKMAN
ANDREW V. ARCZYNSKI
RALPH D. HANSON
JEFFREY KING
D. CRAIG FOX
MARTHA GEISLER PATTERSON
WILLIAM P. CURLEY III
MARSHA G. SLOUGH
JULIA A. KEMP
PAMELA P. KING
Councilman Gary Werner
May 29, 1991
NUMBER ONE CIVIC CENTER CIRCLE
P. O. BOX 1059
BREA, CALIFORNIA 92622-1059
x(7141 990-0901
TELEPHONE f`
12131 59 1-38 11
9113 FOOTHILL BOULEVARD
SUITE 200
RANCHO CUCAMONGA, CALIFORNIA 91730
(714) 980-2742
TELEPHONE
(714) 381-0218
City of Diamond Bar IN REPLY PLEASE REFER TO:
21660 E. Copley Drive, Suite 100 Brea
Diamond Bar, California 91765
Re: Resolution Pertaining to "Advisory Election"
Dear Gary:
Enclosed please find two resolutions prepared by this
office some six years ago pertaining to an advisory election in
the City of Brea. That specific advisory election pertained to
the issue of the prohibition of the sale, use or discharge of
fireworks within the City of Brea. The general concept,
however, of an advisory measure to be placed on the ballot is
readily usable for virtually any purpose in question, assuming
that the underlying act to be performed is within the ambit of
the City's authority. Stated otherwise, it would probably be
an invalid attempt on the City's part to conduct an advisory
vote on, for example, the conduct of the foreign policy of the
President. Since such an item is not within the ambit of the
responsibility or authority of the City, one could argue that
such an election would be a waste of public funds and not
authorized by state law.
In the event, as you can see, the attached
resolutions essentially do nothing more nor less than call for
an election to occur and indicate specifically the question to
be presented to the voters. The second resolution merely
requests the Board of Supervisors to consolidate the special
election with the general election to be held in November of
the year in question. The paperwork required is very similar
to that calling for an election within the City. I do not
know, at this time, the specific timelines which would be
required to conduct an election together with the November 1991
election. However, it is my best guess that the resolution
calling for the same would probably be required to be adopted
prior to July of this year.
Councilman Gary Werner
May 29, 1991
Page Two
With respect to the issue of initiatives and
referenda regarding municipal subjects including zoning, as we
discussed, it is a permissible use of the electoral power for
the people to directly legislate zoning ordinances, general
plans and the like. Typically, however, the problem with
referenda (which attack an approved ordinance) is that the
timeline for such an attack is quite short. Typically, an
ordinance is effective thirty days after adoption and,
accordingly, the electorate only has thirty days in which to
gather the appropriate signatures to place the matter on the
ballot.
With initiatives, typically, the problem is that of a
proposed ordinance which, ultimately, conflicts with a City's
general plan. While the electorate does have the generic right
to zone by initiative, that zoning ordinance must still comply
with all of the requirements for any zoning ordinance,
including compliance with the general plan.
Finally, we must point out that any discussion of
referendum or initiative zoning issues must be dealt with on a
case-by-case basis. One of the primary rules dealing with the
entire area of electoral zoning issues is whether or not the
issue in question is a site-specific one or if it a true act of
legislation. For example, while the electorate may establish a
generic rule in a zoning ordinance pertaining to such matters
as side yard use restrictions, the same may not necessarily be
true with respect to a variance request or other similar item
which is really of a "quasi-judicial" nature wherein the
Council must conduct a fact-finding process and apply the law
to the facts presented. Accordingly, we would prefer to reserve
judgment on the applicability of any particular initiative or
referendum process until a specific set of factual parameters
is presented.
Hopefully, this correspondence will assist you in
your endeavors. Should you require further information, please
do not hesitate to call.
Ver you
ndrew V. Arczynski
City Attorney
City of Diamond Bar
AVA:pmm
N\1011\LWERNER\DB 1.1
Enclosures
cc: Robert L. Van Nort
DATE: June 13, 1991
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid J. Mousavi, City Engineer/Public Works Director
SUBJECT: Transfer of Highway Safety Lights to Los Angeles County
Lighting Assessment District
ISSUE STATEMENT:
Maintenance and energy costs associated with the highway safety lights in the City
of Diamond Bar, have been billed to the City on a monthly basis. In order to
include these lights into the County's lighting assessment districts, the City
must approve a resolution authorizing the inclusion.
RECOMMENDATION:
It is recommended that the City adopt the attached Resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF TRANSFERRING HIGHWAY
SAFETY LIGHTS TO COUNTY LIGHTING MAINTENANCE DISTRICT NO. 10006"
BACKGROUND BACKGROUND AND�YSIS:
Highway safety lights, located above a traffic signal, are attached to a common
pole as the traffic signal. Currently, costs associated with the lights are paid
by the City's General Fund. It is proposed that the City include these lights
into the Los Angeles County's lighting assessment district. The result of such
action will allow the County to bear the costs associated with these light's
maintenance as well as payment of energy costs.
(Narrative continued on next page if necessary)
FISCAL IMPACT:
Amount Requested $ NONE
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
- - - - - - - - - - - - - - - - - - - - - - --------------------- �-----------�--_-----
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
RESOLUTION Na. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, GRANTING CONSENT AND JURISDICTION
TO THE COUNTY OF LOS ANGELES IN THE MATTER OF
TRANSFERRING HIGHWAY SAFETY LIGHTS TO COUNTY LIGHTING
MAINTENANCE DISTRICT NO. 10006
WHEREAS, the City of Diamond Bar currently owns, operates, maintains
and controls highway safety lights within the boundaries of County Lighting
Maintenance District No. 10006; and
WHEREAS, the City of Diamond Bar desires to transfer said lights to
County Lighting Maintenance District No. 10006 for operation, maintenance and
control; and
WHEREAS, said transfer will benefit the citizens of Diamond Bar by
providing for the continued operation and maintenance of said lights in an
economical manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar, that:
Section 1. The City Council hereby consents to the transfer
of the operation, maintenance and control of the highway safety lights within
the City of Diamond Bar listed in Exhibit "A" (attached) hereto, to County
Lighting Maintenance District No. 10006. The City Council requests that the
Board of Supervisors conduct all necessary proceedings to accomplish said
transfer.
Section 2. As used herein the term "highway safety light",
means the street light which is located above a traffic signal and attached to
the same standard as the traffic signal.
Section 3. The City Clerk shall certify the passage of this
resolution by the City Council of the City of Diamond Bar and transmit two
copies of this resolution to the Director of Public Works of the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED this day of , 1991.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that
the foregoing Resolution was adopted at a regular meeting of the City Council
of the City of Diamond Bar held on the day of , 1991, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk
City of Diamond Bar
"EXHIBIT A"
INSTALLATION NO.
AND LOCATION NO.
AND
TYPE
SIZE
TS 2637 BALLENA DRIVE
6
HS
150
WATT
AND GOLDEN SPRINGS DRIVE
TS 1718 BREA CANYON DRIVE
2
HS
310
WATT
AND COLIMA ROAD
2
HS
250
WATT
TS 2547 BREA CANYON ROAD
4
HS
150
WATT
AND DIAMOND BAR BOULEVARD
4
HS
200
WATT
TS 2569 BREA CANYON ROAD
4
HS
200
WATT
AND LYCOMING STREET
2
HS
150
WATT
TS 2504 BREA CANYON ROAD
4
HS
200
WATT
AND PATHFINDER ROAD
3
HS
150
WATT
TS 1755 BREA CANYON ROAD
4
HS
310
WATT
AND POMONA FREEWAY WEST
TS 2570 BREA CANYON ROAD
4
HS
200
WATT
AND WASHINGTON STREET
2
HS
150
WATT
TS 2213 BREA CANYON CUT-OFF ROAD
8
HS
150
WATT
AND COLIMA ROAD
TS 2546 COLD SPRINGS LANE
4
HS
200
WATT
AND DIAMOND BAR BOULEVARD
2
HS
150
WATT
TS 2497 COLIMA ROAD
7
HS
150
WATT
AND LEMON AVENUE
TS 1756 COLIMA ROAD
2
HS
310
WATT
AND POMONA FREEWAY EAST
TS 1778 DIAMOND BAR BOULEVARD
4
HS
310
WATT
AND GOLDEN SPRINGS DRIVE
TS 2533 DIAMOND BAR BOULEVARD
4
HS
200
WATT
N/O GOLDEN SPRINGS DRIVE
2
HS
150
WATT
TS 1772 DIAMOND BAR BOULEVARD
8
HS
250
WATT
AND GRAND AVENUE
TS 2180 DIAMOND BAR BOULEVARD
4
HS
310
WATT
AND HIGHLAND VALLEY ROAD
TS 2468 DIAMOND BAR BOULEVARD
2
HS
200
WATT
AND MOUNTAIN LAUREL WAY
2
HS
250
WATT
"EXHIBIT A"
CONTINUED
INSTALLATION NO.
AND LOCATION NO.
AND TYPE
SIZE
TS 2467 DIAMOND BAR BOULEVARD
7
HS
200
WATT
AND PATHFINDER ROAD
TS 2677 DIAMOND BAR BOULEVARD
2
HS
150
WATT
AND SUGARPINE PLACE
6
HS
200
WATT
TS 2179 DIAMOND BAR BOULEVARD
4
HS
310
WATT
AND SUNSET CROSSING ROAD
TS 2278 DIAMOND BAR BOULEVARD
4
HS
150
WATT
AND TEMPLE AVENUE
4
HS
200
WATT
TS 2567 EVERGEEN SPRINGS DRIVE
4
HS
200
WATT
AND PATHFINDER ROAD
2
HS
150
WATT
TS 2596 GATEWAY CENTER DRIVE
6
HS
200
WATT
AND GOLDEN SPRINGS DRIVE
TS 1711 GOLDEN SPRINGS DRIVE
4
HS
200
WATT
AND GRAND AVENUE
4
HS
150
WATT
TS 2618 GOLDEN SPRINGS DRIVE
4
HS
150
WATT
AND TEMPLE AVENUE
TS 1754 GRAND AVENUE
4
HS
310
WATT
AND POMONA FREEWAY EAST
HS 4200 GOLDEN SPRINGS DRIVE
4
MV
250
WATT
AND ORANGE FREEWAY
AGENDA NO --Ir
----------------
CITY OF DIAMOND BAR
AGENDA REPORT
---------------- -
DATE: June 5, 1991 MEETING DATE. June 18 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager 00,._.,
FROM: Sid Mousavi, City Engineer/Director of Pu is Works
SUBJECT: Sidewalk Along Brea Canyon Road Under State Route 60 Freeway
ISSUE STATEMENT
Although there is evidence of pedestrian usage on both sides of Brea Canyon
Road under the SR 60 (Pomona Freeway) there are no permanent sidewalk
improvements on either side of the road between the freeway ramps to the north
and driveway aprons for the service stations to the south.
RECOMMENDATION
It is recommended that the City Council approve the plans and specifications
for the construction of sidewalk along Brea Canyon Road under SR 60 Freeway,
adopt the attached resolution and direct the City Clerk to advertise it for
bids.
BACKGROUND AND ANALYSIS
Recently, the City has received several complaints from citizens due to the
unevenness and trash in the dirt walkway area. In addition, the dirt from the
sidewalk area constantly spills into the roadway. In order to rectify the
problems mentioned, staff has prepared plans and specifications for the
construction of sidewalk along the subject area. The proposed project includes
the construction of 4" thick, 4.5' wide concrete sidewalk on 4" thick processed
miscellaneous base. The estimated cost of the project is $12,800 and Gas Tax
Funds available to the City will be utilized for the construction of this
project.
FISCAL IMPACT:
Amount Requested $12,800
Budgeted Amount $12,800 (Under miscellaneous sidewalk & roadway
improvements).
In Account Number: N/A
Deficit: $ N/A
Revenue Source: Gas Tax
REVIEWED BY:
-------------------------------------------- --------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
+.fbaP01,�
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CITY OF DIAMOND BAR
STATE OF CALIFORNIA
SPECIAL PROVISIONS
FOR
PROJECT NO. 91-01
BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
PREPARED BY: Ron Kranzer & Associates
398 Lemon Creek Dr., Suite E
Walnut, California 91789
CONTACT: William F. La Valley
(714) 594-9702
The City Clerk of the City of Diamond Bar, California will receive
at her office in the City Hall, in said City, until 10:00 a.m. on
July 9, 1991, sealed proposals for the performance of the above
described services.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 1991.
PRINCIPAL SURETY
BY:
(SEAL)
BY•
Page 23
( SEAL)
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL, AND
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
DOLLARS ($ )
lawful money of the United States of America, for the payment of
which sum, well and truly to be made, we bind ourselves, jointly
and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
Contract has been awarded and is about to enter into the annexed
contract with said City for construction of the work under the
City's specification entitled
and is required
by said City to give this bond in connection with the execution
of said contract;
NOW, THEREFORE, if said Contractor in said contract, or
subcontractor, fails to pay for any materials, provisions,
provender or other supplies, or for the use of implements or
machinery, used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor thereon of
any kind, or for amounts due under the Unemployment Insurance Act
with respect to such work or labor, said Surety will pay for the
same in an amount not exceeding the sum specified above, and also
in case suit is brought upon this bond, a reasonable attorney's
fee, to be fined by the court. This bond shall immure to the
benefit of any and all persons entitled to file claims under
Section 1192.1 of the Code of Civil Procedure of the State of
California.
PROVIDED, that any alterations in the work to be done, or the
material to be furnished, which may be made pursuant to the terms
of said contract, shall not in any way release either said
Contractor or said Surety thereunder nor shall any extensions of
time granted under the provisions of said contract release either
said Contractor or said Surety, and notice of such alterations or
extensions of the contract is hereby waived by said Surety.
Page 24
IN WITNESS WHEREOF, we have hereunto set our hands and seals
this
day of
1991.
PRINCIPAL SURETY
BY: BY:
(SEAL) (SEAL)
Page 25
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE,
as principal,
and
as surety, are held
and firmly bound unto the City of Diamond Bar in the sum to ten
percent (10%) of the total amount of the bid of the principal, to
be paid to the said City or its certain attorney, its successors
and assigns; for which payment will and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
In no case shall the liability of the surety hereunder exceed the
sum of
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the principal has submitted the above mentioned bid
to the City of Diamond Bar for certain construction specifically
described as follows, for which bids are to be opened at Diamond
Bar City Hall on July 9. 1991 for Project No. 91-01, Brea Canyon
Road Sidewalk Construction at S.R. 60 Freeway in the City of
Diamond Bar.
NOW THEREFORE, if the aforesaid principal is awarded the
contract, and within the time and manner required under the
specifications, after the prescribed forms are presented to him
for signature, enters into a written contract, in the prescribed
form in accordance with the bid, and files the two bonds with the
City of Diamond Bar, one to guarantee faithful performance and
other to guarantee payments for labor and materials, as required
by law, then this obligation shall be null and void; otherwise it
shall remain in full force and effect. In the event suit is
brought upon this bond by the obligee and judgment is recovered,
the surety shall pay all costs incurred by the obligee in such
suit, including a reasonable attorney's fee to be fixed by the
court.
Page 26
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of A.D., 1991
(seal)
(seal)
(seal)
(seal)
PRINCIPAL
(seal)
(seal)
SURETY
(seal)
ADDRESS
NOTE: Signatures of those executing for the surety must be
properly acknowledged.
Page 27
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the
firm listed below certifies that it does not discriminate in its
employment with regards to race, religion, sex, or national
origin; that it is in compliance with all federal, State, and
local directives and executive orders regarding non-
discrimination in employment; and that it will pursue an
affirmative course of action as required by the affirmative
action guidelines.
We agree specifically:
1. To establish or observe employment policies which
affirmatively promote opportunities for minority persons at all
job levels.
2. To communicate this policy to all persons concerned
including all company employees, outside recruiting services,
especially those serving minority communities, and to the
minority communities at large.
3. To take affirmative steps to hire minority employees within
the company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding
equal opportunity employment programs now in effect within your
company:
Page 28
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE
AND THE FILING OF REQUIRED REPORTS
The bidder proposed
subcontractor , hereby certifies that he has ,
has not , participated in a previous contract or subcontract
subject to the Equal Opportunity Clause, as required by Executive
Orders 10925, 11114, or 11246, and -that he has , has not ,
filed with the Joint Reporting Committee, the Director of the
office of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under
the applicable filing requirements.
DATE:
(COMPANY)
BY:
(TITLE)
, 1991.
NOTE: The above certification is required by the Equal
Employment Opportunity Regulations of the Secretary of Labor (41
CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts
which are subject to the Equal Opportunity Clause. Contracts and
subcontracts which are exempt from the Equal Opportunity Clause
are set forth in 41 CFR 60-1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (EEO -1) is the only report required
by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have
participated in a previous contract or subcontract subject to the
Executive Orders and have not filed the required reports should
note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts
and subcontracts unless such contractor submits a report covering
the delinquent period or such other period specified by the
Federal Highway Administration or by the Director, Office of
Federal Contract Compliance, U.S. Department of Labor.
Page 29
NON -COLLUSION AFFIDAVIT
To: The City of Diamond Bar:
State of California
ss.
County of
, being first duly sworn,
deposes and says that he or she is
of the party making the
foregoing bid that the bid is not made in the interest of or on
behalf of, any undisclosed person, partnership, company
association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to
put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference
with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or
any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
STATE OF CALIFORNIA
SS.
COUNTY OF
Signature of Bidder
Subscribed and sworn to before me this day of , 1991
Notary Public in and for the County of
, State of California
Page 30
SPECIAL PROVISIONS
GENERAL CONDITIONS
All work shall be done in accordance with the 1988 Edition and all supplements of the
Standard Specifications for Public Works Construction, hereinafter referred to as Standard
Specifications, Plans, Standard Construction Drawings and these Special Provisions.
The drawings showing the location, character of work, and details of construction are
numbered sheets 1 through 2.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work.
Section 2-1. Award and Execution of Contract is amended bar the following:
(a) Examination of Plans. Specifications, Special Provisions, and Site of Work: The
bidder is required to examine carefully the site and the proposal, plans, specifications
and contract forms for the work contemplated, and it will be assumed that the bidder
has investigated and is satisfied as to the conditions to be encountered, including all
installations and utilities, whether underground, surface or overhead, as to the
character, quality and quantities of work to be performed and materials to be
furnished, and as to the requirements of the specifications, the special provisions and
the contract. It is mutually agreed that submission of a proposal shall be considered
prima facie evidence that the bidder has made such examination.
(b) Proposal Form: All proposals must be made upon blank forms to be obtained from
the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All
proposals must give the prices proposed, both in writing and figures, and must be
signed by the bidder, and his address shown. If the proposal is made by individual,
his name and post office address must be shown. If made by a firm or partnership,
the name and post office address of each member of the firm or partnership must be
shown. If made by a corporation, the proposal must show the name of the state
under the laws of which the corporation was chartered and the names, titles, and
business addresses of the president, secretary, and treasurer.
(c) Reiection of Proposals Containing Alterations, Erasures or Irregularities: Proposals
may be rejected if they show any alterations of form additions not called for,
conditional or alternative proposals, incomplete proposals, erasures, or irregularities
of any kind.
Page 31
(d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be
accompanied by cash, cashier's check or certified check payable to, or bidder's bond
in favor of the City of Diamond Bar in an amount of said proposal, and no proposal
shall be considered unless such cash, cashier's check, certified check, or bidder's
bond in enclosed therewith.
(e) Award of Contract: The award of the contract, if it be awarded, will be to the lowest
responsible bidder.
(f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract
has been finally executed, after which they will be returned to the respective bidders
whose proposals they accompany.
The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General
Provisions and Detail Specifications, shall be deemed incorporated in the contract by
reference. A corporation to which an award is made will be required, before the
contract is finally executed, to furnish evidence of its corporate existence that the
officer signing the contract and bonds for the corporation is duly authorized so to do.
Subsection 2-5.1. Plans and Specifications -General, is amended by the addition of the
following:
An addendum to these specifications may be issued by the Engineer at any time prior to the
bid opening.
Section 5. Utilities. This section is modified by addition of the following subsections.
Subsection 5-1. Location. This section is amended by addition of the following:
Utility Owner and Public Agency Identifications. Utility owners and Public Agencies who may
have facilities or interests which may affect the work are as follows:
Underground Service Alert
1-(800) 422-4133
General Telephone
1400 E. Phillips Blvd.
RC 3680 G
Pomona, California 91766
(714) 865-3307
Southern California Edison Company
800 West Cienega
San Dimas, California 91773
(714) 592-3724
Page 32
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(714) 595-7554
Southern California Gas Company
Distribution Department
920 S. Stimson Ave.
City of Industry, Ca 91745
(714) 394-4327
Jones Intercable Walnut Valley
20965 Lycoming Street
Walnut, Ca 91789
(714) 594-2729
Los Angeles County Sheriff's Department
(714) 595-2264
Los Angeles County Fire Department
(714) 861-5995
Los Angeles County Department of Public Works
Road Maintenance
(818) 599-2119
Each of the above listed utility companies and agencies shall be notified in writing (copy to
City) of the project. They shall be invited to a pre -construction meeting and provided a work
schedule.
Subsection 5-2. Protection. The Contractor is hereby alerted to the existence of all utility
lines shown on the plans. The Contractor shall carefully protect all lines during the course
of construction.
Section 7. Responsibilities of the Contractor in Conduct of His Work.
Subsection 7-2. Labor is amended by the addition of the followin
Labor Discrimination. No discrimination shall be made in the employment of such persons
upon public works because of the race, color, or religion of such persons and every
contractor for public works violating this section is subject to all the penalties imposed for a
violation of Chapter 11 or Part VII, Division 2 of the Labor Code in accordance with the
provisions of Section 1735 thereof.
Page 33
Subsection 7-3.1. Contractor's Responsibility for Work.
Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have
the charge and care of the work site at all times and shall bear the risk of injury or damage
to any part thereof by the action of the elements or from any other cause, whether arising
from the execution or from the non execution of the work. The contractor shall rebuild, repair,
restore, and make good all injuries or damages to any portion of the work occasioned by any
of the above causes before final acceptance and shall bear the expense thereof.
The City of Diamond Bar permits stockpiling of excavation material and/or construction
material only in an authorized location. This requirement also applies to the location of a
material and equipment yard and a construction office.
Subsection 7-10.1. Traffic and Access is amended by addition of the following:
The Contractor shall furnish all flagmen and guards and supply and install all signs, lights,
flares, barricades, delineators, and other facilities which are necessary to expedite the
passage of public traffic through or around the work or to prevent accidents or damage or
injury to the public or to give adequate warning to the public of any dangerous conditions to
be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control
on this project.
The City is in the process of applying for an encroachment permit from Caltrans for this work.
It is anticipated that the permit will be secured prior to start of work. The contractor shall
comply with the conditions of that encroachment permit.
Section 9. Measurement and Payment.
Subsection 9-3 is modified by addition of the following paragraphs:
The Contractor agrees that the payment of the amount under the contract, and the adjustment
and payment for any work done in accordance with any alterations of the same, shall release
the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and
all claims or liability on account of work performed under the contract or any alterations
thereof.
Progress Payments. The Contractor shall be entitled each month to a monthly progress
payment in an amount equal to ninety percent (90%) of the estimated percentage of actual
work completed by the end of the preceding calendar month, based on the contract price less
all previous payments, provided that in all events the City shall withhold no less than ten
percent (10%) of the contract price until final completion and acceptance of the work. The
contractor may substitute in lieu of cash retention.
This payment on account shall in no way be considered as an acceptance of any part of the
work or material of the contract, nor shall it in any way govern the final estimate.
Page 34
Final Payments. After the completion of the contract, the Engineer shall make a final
inspection of the work done thereunder, and If entirely satisfactory and complete, the City
shall pay to the Contractor an amount which, when added to the payments previously made
and deductions allowable to the City, will equal ninety percent (900/0) of the contract price.
Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days
after the recording of a Notice of Completion by the City. The payment of the final amount
due under the contract and the adjustment and payment for any work done in accordance
with any alterations of the same shall release the City from any and all claims on account of
the work performed under the contract or any alterations thereof.
Page 35
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
SPECIFICATIONS
The work to be done shall be performed or executed in accordance
with these Special Provisions and the "Standard Specifications
for Public Works Construction", 1988 Edition including all
supplements, hereinafter referred to as the Standard
Specifications. The Standard Specifications are published by
Building News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034 and are included by reference only.
ADDENDA
The Engineer may, without City Council approval, issue addenda tc
the contract documents during the period of advertising for bids,
for the purpose of: (a) revising prevailing wage scales or (b)
clarifying or correcting Special Provisions, Plans or Bid
Proposal; provided that any such addenda do not change the
original scope and intent of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal
delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within 10 working days after the
Notice to Proceed is issued by the City. No additional working
days will be allowed for material delay once the Contractor
commences work. The Contractor shall notify the Engineer at
least 6 working days prior to the start of work.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
All bidders will be required to submit information as to their
industrial safety record on the form provided in the Bid
Proposal. A review of this safety record will be made prior to a
determination of the lowest responsible bidder, and an adverse
finding as to the bidder's safety record or any bid submitted
which does not contain the Contractor's Industrial Safety Record,
filled out and signed by the Contractor, may be sufficient cause
for rejection of the bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications,
the Contractor shall submit a written proposed construction
schedule to the Engineer prior to the start of any work.
Page 36
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
ESTIMATED QUANTITIES
The estimated quantities of work and materials to be performed,
constructed or furnished by the Contractor under these
specifications are as follows:
ITEM OPERATION, ARTICLE OR MATERIAL UNIT AND
NUMBER TO BE PERFORMED CONSTRUCTED OR FURNISHED QUANTITY _
1 CONSTRUCT 4" THICK P.C.C. SIDEWALK ON 4" 3092 S.F.
THICK PROCESSED MISCELLANEOUS BASE
(INCLUDES CLEARING, GRUBBING,
EXCAVATION, REMOVAL OF ALL WASTE MATERIAL,
TRAFFIC CONTROL, UTILITY COORDINATION AND
COMPLIANCE WITH CONDITIONS OF THE CALTRANS
ENCROACHMENT PERMIT.)
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor
at its own expense may deposit securities pledged in favor of the
Agency with a state or federally chartered bank as the escrow
agent.
The acceptable securities are those listed in Section 16430 of
the Government Code or bank or savings and loan certificates of
deposit.
The amount of securities to be deposited shall be equivalent to
the maximum amount permitted to be withheld as specified in
Subsection 9-3.2 of the Standard Specifications. Formal
acceptance of the project by the Agency terminates the Agency's
interest in the securities.
Page 37
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
PUBLIC CONVENIENCE AND SAFETY
In addition to the requirements of Subsection 7-10 of the
Standard Specifications and the Standard Special Provisions, the
Contractor shall maintain access to all adjacent properties.
Furthermore this Subsection is amended and supplemented by the
following paragraphs:
Full compensation for complying with the above requirement shall
be considered as included in the item of work bid and no
additional compensation will be allowed.
UTILITIES
Section 5 of the Standard Specifications is supplemented and
amended by the following provisions:
The first paragraph of Subsection 5-1 is revised to read:
Known underground utilities are identified in the Special
Provisions or on the Plans and will be marked on the project
site prior to construction in accordance with the
requirements of Section 4215 of the Government Code.
The Contractor will not be assessed liquidated damages for delay
in completion of the project, when such delay is caused by
failure of the Agency or the owner of a utility to provide for
removal or relocation of existing utility facilities.
Notwithstanding the provisions in Subsection 5-5 and 6-6.3 of the
Standard Specifications relative to payment to the Contractor for
actual loss due to utility delay; the Contractor will be entitled
to an extension of time as provided in Subsection 6-6 but will
not be entitled to any other compensation for such delay.
LOCATION AND PROTECTION OF UNDERGROUND HAZARDOUS UTILITIES
The Contractor is hereby notified that, as called out in these
Special Provisions, there are underground utilities within the
construction area which may be potentially hazardous if damaged.
A hazardous substance shall be defined as one having the
potential for an immediate disaster, such as, but not limited to
gasoline, electricity, fuel oil, butane, propane, natural gas,
chlorine or other chemicals.
Abandoned or inoperative utilities designed to carry hazardous
substances and unidentified or unknown utilities shall be
considered hazardous until determined otherwise. Whenever the
Contractor is directed by the Engineer in this work and payment
therefor will be made under "Extra Work".
Page 38
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
During all excavation and trenching operations, the Contractor
will be required to exercise extreme precaution and protect these
utilities from damage. At least 48 hours prior to any excavation
in the proximity of these lines, the Contractor shall request the
owners of these utilities, at the owner's cost, to accurately
determine the locations and depths of their potentially hazardous
lines as follows:
1. The Contractor shall not trench or excavate within the
area where a utility known to carry a hazardous
substance exists until its owner is present and its
location has been determined by the potholing or other
proven methods acceptable to the Engineer. The
intervals between potholes or location points shall be
sufficient to determine the exact location of the line
and shall not exceed the distance set forth as follows:
a. Excavation for highway or street construction.
The utility shall be located
greater than 25' for lines up
50' for lines of 8" to 24" in
for lines greater than 24" in
b. Trench excavation.
(1) Longitudinal utilities.
at intervals not
to 8" in diameter,
diameter and 100'
diameter.
All Longitudinal utilities in the street
shall be located at intervals not greater
than 5001. If determined to be within 6' of
any excavation, it shall be located at
intervals not greater than 1001. If less
located at intervals not greater than 1001.
If less than 3' from any excavation, the
utility shall be located at intervals not
greater than 25' for lines up to 8" in a
diameter, 50' for lines of 8" to 24" in
diameter and 100' for lines greater than 24"
in diameter.
(2) Transverse utilities.
If the location of the utility is above the
contract facility being installed, it shall
be carefully exposed by its owner and
protected by the Contractor in a manner
satisfactory to the owner prior to trenching
or other excavation. If the clearance
exceeds the minimum specified below, it need
only be located.
Page 39
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
C. Clearance
If it is determined that the horizontal or
vertical clearance between the utility known to
carry hazardous substances and the construction
limit is less than 12" (18" if scarifying) the
Contractor shall confer with its owner. Unless
the owner elects to relocate the line or take it
out of service, the Contractor shall not excavate
until the line has been completely exposed by its
owner within the limits of construction.
2. Once the physical location of the utility known to
carry hazardous substances has been determined, the
Contractor, in cooperation with and with the
concurrence of the utility owner, shall determine how
to protect and/or support the utility from damage
before preceding with this work. The owner of the
utility has the right, however, to support and/or
protect its utility at the sole expense of the
Contractor.
3. The Contractor shall notify the contracting agency, the
public agency maintaining records for that jurisdiction
and the owner, if known, whenever previously
unidentified or unknown underground utilities are
encountered so that the location can be accurately
established and made a part of the permanent
substructure records.
Full compensation for complying with the above requirements shall
be considered as included in the applicable bid item(s) of work
except as otherwise specified above.
California Code Section 20104 - Requirements and Procedures
§ 20104. Application of article; inclusion of article in plans
and specifications.
(a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000.00) or
less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims
resulting from a contract between a contractor and a public
agency when the public agency has elected to resolve any
disputes pursuant to Article 7.1 (commencing with Section
10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections
3100 and 3106 of the Civil Code, except that "public work"
does not include any work or improvement contracted for by
the State or the Regents of the University of California.
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SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
(2) "Claim" means a separate demand by the contractor
for (A) a time extension, (B) payment of money of damages
arising from work done by or on behalf of the contractor
pursuant to the contract for a public work and payment of
which is not expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which
is disputed by the local agency.
(c) The provisions of this article or a summary thereof
shall be set forth in the plans or specifications for any
work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on
or after January 1, 1991.
§ 20104.2 Claims; Requirements
For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed
on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or
supersede notice requirements otherwise provided by contract
for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars
($50,000.00), the local agency shall respond in writing to
any written claim within 45 days of receipt of the claim, or
may request, in writing, within 30 days of receipt of the
claim, any additional documentation supporting the claim or
relating to defenses or claims the local agency may have
against the claimant.
(2) If additional information is thereafter required,
it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and
the claimant.
(3) The local agency's written response to the claim,
as further documented, shall be submitted to -the claimant
within 15 days after receipt of the further documentation or
within a period of time no greater than that taken by the
claimant in producing the additional information, whichever
is greater.
Page 41
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
(c) (1) For claims of over fifty thousand dollars
($50,000.00) and less than or equal to three hundred
seventy-five thousand dollars ($375,000.00), the local
agency shall respond in writing to all written claims within
60 days of receipt of the claim, or may request, in writing,
within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses
or claims the local agency may have against the claimant.
(2) If additional information is thereafter required,
it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and
the claimant.
(3) The local agency's written response to the claim,
as further documented, shall be submitted to the claimant
within 30 days after receipt of the further documentation,
or within a period of time no greater than that taken by the
claimant in producing the additional information or
requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written
response, or the local agency fails to respond within the
time prescribed, the claimant may so notify the local
agency, in writing, either within 15 days of receipt of the
local agency's response or within 15 days of the local
agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a
demand, the local agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(e) If following the meet and confer conference the claim
or any portion remains in dispute, the claimant may file a
claim pursuant to Chapter 1 (commencing with Section 900)
and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of
time within which a claim must be filed shall be tolled from
the time the claimant submits his or her written claim
pursuant to subdivision (a) until the time the claim is
denied, including any period of time utilized by the meet
and confer conference.
§ 20104.4 Procedures for civil actions filed to resolve claims
The following procedures are established for all civil
actions filed to resolve claims subject to this article:
Page 42
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
(a) Within 60 days, but no earlier than 30 days, following
the filing or responsive pleadings, the court shall submit
the matter to nonbinding mediation unless waived by mutual
stipulation of both parties. The mediation process shall
provide for the selection within 15 days by both parties of
a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded upon
good cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall
be submitted to judicial arbitration pursuant to Chapter 2.5
(commencing with Section 1141.10) of Title 3 of Part 3 of
the Code of Civil Procedure, notwithstanding Section 1141.11
of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of
Part 4 of the Code of civil Procedure) shall apply to any
proceeding brought under this subdivision consistent with
the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with
Section 1411.10) of title 3 of Part 3 of the Code of Civil
Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing
an arbitration award who does not obtain a more favorable
judgment shall, in addition to payment of costs and fees
under that chapter, also pay the attorney's fees on appeal
of the other party.
§ 20104.6 Payment by local agency of undisputed portion of claim;
interest on arbitration award or judgment
(a) No local agency shall fail to pay money as to any
portion of a claim which is undisputed except as otherwise
provided in the contract.
(b) In any suit filed under Section 20104.4, the local
agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to
accrue on the date the suit is filed in a court of law.
§ 20104.8 Duration of article; application of article to
contracts between January 1, 1991 and January 1,
1994
(a) This article shall remain in effect only until January
1, 1994, and as of that date is repealed, unless a later
enacted statute, which is enacted before January 1, 1994,
deletes or extends that date.
Page 43
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
(b) As stated in subdivision (c) of Section 20104, any
contract entered into between January 1, 1991, and january
1, 1994, which is subject to this article shall incorporate
this article. To that end, these contracts shall be subject
to this article even if it is article even if it is repealed
pursuant to subdivision (a).
CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS
1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
The following provisions pertaining to equal employment
opportunity are incorporated into this contract. In
connection with performance of work under this contract, the
Contractor agrees as follows:
a. The contractor will not discriminate against any
employee or applicant for employment because of race,
color, sex, religion, ancestry or national origin. The
Contractor will take affirmative action to ensure that
applicants are employed, and the employees are treated
during employment, without regard to race, color, sex,
religion, ancestry or national origin. Such action
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship where applicable.
b. In all advertisements for labor or other personnel, or
requests for employment of any nature, the Contractor
shall state that all qualified applicants will receive
consideration for employment without regard to race,
color, sex, religion, ancestry or national origin.
C. In all hiring, the Contractor shall make every effort
to hire qualified workers from all races and ethnic
groups.
d. The contractor shall be responsible for -the compilation
of records of the ethnic distribution of the entire
project work force on forms furnished by the Agency.
Said forms, indicating the ethnic distribution of man-
hours of work within the various crafts and trades,
shall be filed by the Contractor with the Agency every
30 days.
Page 44
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
e. The Contractor shall send to each labor union or
representative of workers with which it has a
collective bargaining agreement or other contract or
understanding, a notice, to be provided by the Agency,
advising the said labor union or worker's
representative of the Contractor's commitments under
this section.
f. The Contractor shall maintain and permit access by the
Agency to records of employment, employment
advertisements, application forms and other pertinent
data and records of the Contractor's own work force and
that of the various subcontractors on the project for
the purpose of investigation to ascertain compliance
with this EEO section.
g. Within 10 days after execution of the contract by the
Agency, the Contractor shall meet the following
standards for affirmative compliance and shall ensure
that each subcontractor on the project will meet these
requirements within (10) days after receiving a notice
to proceed from the Contractor, unless the Agency
provides for a greater time period:
(1) File with the Agency an Affirmative Action Plan
indicating the steps it will take to encourage and
assist qualified members of minority groups. Such
affirmative action will include statements
regarding recruitment, employment, compensation,
promotion or demotion, and selection for training.
(2) Provide evidence as required by the Agency, that
it has notified in writing all subcontractors, the
Contractor's supervisors and other personnel
officers of the content of this EEO section and
their responsibilities under it.
(3) Provide evidence, as required by the Agency, that
it has notified in writing all sources of employee
referrals (including, but not limited to, unions,
employment agencies and the State Department of
Employment Development) of the Content of this EEO
section.
(4) Notify the Agency in writing of any opposition to
this EEO section by individuals, firms, unions or
organizations.
Page 45
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
h. If the Agency has reason to believe that the Contractor
or a subcontractor may have committed a violation of
the EEO section of this contract or of the California
Fair Employment Practice Act or of any applicable
Federal law concerning equal employment practices on
this project, the Agency will cause written notice to
be served on the Contractor or its representative, and
to any subcontractor involved in such violation. The
notice shall set forth the nature of the violation.
Upon the Agency's request, the Contractor shall meet
with representatives of the Agency in order to
determine the means of correcting the violation and the
time period within which the violation shall be
corrected. If, within 10 days, the Contractor or
subcontractor has failed or refused to remedy the
violation, the Agency may notify the Fair Employment
Practices Commission and pursue any other remedies
which may be available under the law.
i. The Contractor shall include the provisions of the
foregoing paragraphs la through lh in every first tier
subcontract and require each subcontractor to bind each
further subcontractor with whom it has a contract to
such provisions, so that such provisions will be
binding upon each subcontractor who performs any of the
work required by the contract.
2. ANTI -DISCRIMINATION
a. The Contractor certifies and agrees that all persons
employed by the Contractor, its affiliates,
subsidiaries or holding companies are and will be
treated equally by the Contractor without regard to or
because of race, color, sex, religion, ancestry or
national origin and in compliance with State and
Federal anti -discrimination laws. The Contractor
further certifies and agrees that it will deal with its
subcontractors, bidders and vendors without regard to
or because of race, color, sex, religion, ancestry or
national origin. The Contractor agrees to allow access
to its employment records during regular business hours
to verify compliance with the foregoing -provisions when
so requested by the City.
b. The Contractor specifically recognizes and agrees that
if the City finds that any of the foregoing provisions
have been violated, the same shall constitute a
material breach of contract upon which the City may
determine to cancel, terminate or suspend the contract.
While the Cty reserves the right to determine
individuall that the anti -discrimination provisions of
the contract have been violated, in addition a
determination by the California Fair Employment
Page 46
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
Practices Commission or the Federal Equal Employment
Opportunity Commission that the Contractor has violated
State or Federal anti -discrimination laws shall
constitute a finding by the City that the Contractor
has violated the anti -discrimination provisions of the
contract.
C. At its option, and in lieu of canceling, terminating or
suspending the contract, the City may impose damages
for any violation of the anti -discrimination provisions
of this section, in the amount of $200 for each
violation found and determined. The City and the
Contractor specifically agree that the aforesaid amount
shall be imposed as liquidated damages, and not as a
forfeiture or penalty. It is further specifically
agreed that the aforesaid amount is presumed to be the
amount of damages sustained by reason of any such
violation, because, from the circumstances and the
nature of the violation, it is impracticable and
extremely difficult to fix actual damages.
CLEARING, GRUBBING AND EARTHWORK - Clearing and grubbing shall
conform to the provisions in Section 300-1 "Clearing and
Grubbing". All earthwork shall conform to Section 300
"Earthwork," of the Standard Specifications and these special
provisions. Work shall include, but not be limited, to removal
and disposal of all interfering roots, vegetation, rubbish,
concrete, dirt, asphaltic concrete and undesirable material to
the satisfaction of the Engineer. No separate payment shall be
made for this work; the price shall be absorbed within the bid
item.
MISCELLANEOUS CONCRETE CONSTRUCTION - All miscellaneous concrete
work shall conform to the provision in Section 303.5 "Concrete
Curbs, Walks, Gutters, Cross Gutters, Alley intersections, Access
Ramps and Driveways" and Section 201 "Concrete, Mortar and
Related Materials" of the Standard Specifications for Public
Works Construction.
All concrete shall be cured by a "Concrete Curing Compound," and
shall conform to the provisions in Section 201-4 "Concrete Curing
Compound", and 303-1.1 "General," of the Standard -Specifications.
No separate payment shall be made for this work; the price shall
be absorbed within the bid item.
The curing compound shall be applied in a manner that will
provide a complete coating of all exposed faces of the concrete
surface. Portland Cement Concrete for concrete sidewalk
construction shall be produced from commercial quality aggregate
and shall contain not less than 520 pounds of cement per cubic
yard. Said concrete classes shall conform to the provisions in
Page 47
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
Section 201-1.1.2 of the Standard Specifications. All concrete
shall have a minimum compressive strength of 2500 P.S.I. in 28
days.
FINISHING - All concrete finishing shall conform to the
requirements of Section 303-1.9 of the Standard Specifications.
SIDEWALK - Sidewalk shall be constructed in accordance with the
plan. Also included in this bid item shall be any modifications,
adjustments and patching required to join existing walkways,
driveways, drive approaches, etc. Utility coordination shall
also be included in this bid item. Any section of sidewalk that
is constructed behind an existing drive approach shall be 5
inches thick. Payment for sidewalk shall also be based on a
square foot unit price.
REMOVALS - All concrete removals shall be to the nearest joint or
sawcut as directed in the field by the engineer. No additional
compensation will be allowed for saw cutting.
GRADING - The cost for all grading shall be included in the bid
item. This includes all necessary grading back and blending to a
smooth transition from existing grade to sidewalk grade and may
be either cut or fill; also, any fills that may be required to
bring sidewalk to the proper grade.
Page 48
RESOLUTION NO. 91-
A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING PLANS AND SPECIFICATIONS FOR THE B'REA CANYON
ROAD SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS.
WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements
in the City of Diamond Bar.
WHEREAS, the City of Diamond Bar has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City
of Diamond Bar be and are hereby approved as the specifications for Project No. 91-01, Brea Canyon
Road Sidewalk Construction at S.R. 60 Freeway.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise
as required by law for the receipt of sealed bids or proposals for doing of the work specified in the
aforesaid plans and specifications, which said advertisement shall be substantially in the following
wards and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County,
California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will
receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00
o'clock A.M. on the 9th day of July, 1991, sealed bids or proposals for Project No. 91-01, Brea
Canyon Road Sidewalk Construction at S.R. 60 Freeway.
Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100,
21660 E. Copley Drive, Diamond Bar, California 91765-4177.
Bids must be made on a form provided for the purpose, addressed to the City of Diamond
Bar, California, marked, 'Bid for Project No_ 91-01, Brea Canyon Road Sidewalk Constnlcffon at S.R.
60 Freeway.
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay
not less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial
Relations of the State of California is required to and has determined such general
-11-
prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond
Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765-4177, and are available to any
interested party on request. The Contracting Agency also shall cause a copy of such determinations
to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars
($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof,
if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship
Council, properly indentured apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship' program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be
used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall
not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior
to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis
statewide or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable
trade on such contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
-2-
Information relative to apprenticeship standards, wage schedules, and other requirements may
be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall employ with and
be governed by the laws of the State of California having to do with working hours as set forth in
Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars
($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him
or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day
during which said laborer, workman, or mechanic is required or permitted to labor more than eight
(8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's
bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the
amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same
is awarded to him, and in event of failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of Diamond Bar.
If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the
low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of the contract for said
work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in
an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the
payment of claims for any materials or supplies furnished for the performance of the work contracted
to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will
also be required to furnish a certificate that he carries compensation insurance covering his
employees upon work to be done under contract which may be entered into between him and the
said City of Diamond Bar for the construction of said work.
No proposal will be considered from a Contractor who is not licensed as a contractor at time
of award in accordance with the provisions of the Contractor's LicenseLaw (California Business and
Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to
whom a proposal form has not been issued by the City of Diamond Bar.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies
of the plans and specifications will be furnished upon application to the City of Diamond Bar and
payment of $25.00, said $25.00 is nonrefundable.
-3-
Upon written request by the bidder, copies of the plans and specifications will be mailed when
said request is accompanied by payment stipulated above, together with an additional
nonreimbursable payment of $10.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Diamond Bar.
In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in
the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Diamond Bar, California, reserves the right to reject any and all bids.
The Engineer's Estimate is: $10,000.00
By order of the City Council of the City of Diamond Bar, California.
Dated this 18th day of June, 1991
PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar,
California, this 18th day of June, 1991.
Mayor
ATTEST:
City Clerk
I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution was duly and regularly passed and adopted by the Council of the City of
Diamond Bar, California, at its regular meeting held on the 18th day of June, 1991, by the following
vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar,
California
-4-
SPECIAL PROVISIONS
FOR
PROJECT NO. 91-01
BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT S.R. 60 FREEWAY
IN THE CITY OF DIAMOND BAR
Page 2
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS ...............................
4 -
5
INFORMATION FOR BIDDERS ...................................
6 -
11
PROPOSAL FORM.............................................12
- 13
SCHEDULE OF PRICES........................................14
- 15
LIST OF SUBCONTRACTORS ....................................
16
CONTRACTOR INDUSTRIAL SAFETY RECORD .......................
17
AFFADAVIT FOR CO -PARTNERSHIP FIRM .........................
18
AFFADAVIT FOR CORPORATION BIDDER ..........................
19
AFFADAVIT FOR INDIVIDUAL BIDDER ...........................
20
AFFADAVIT FOR JOINT VENTURE ...............................
21
FAITHFUL PERFORMANCE BOND.................................22
- 23
LABOR AND MATERIAL BOND...................................24
- 25
BIDDER'S BOND.............................................26
- 27
CERTIFICATE OF NON-DISCRIMINATION AND
AFFIRMATIVE ACTION ........................................
28
CERTIFICATE WITH REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS AND SUBCONTRACTS ................................
29
NON -COLLUSION AFFIDAVIT ...................................
30
SPECIAL PROVISIONS........................................31
- 35
SPECIAL PROVISIONS FOR PROJECT NO. 91-01 ..................36
- 48
Page 3
CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR
PROJECT 91-01
BREA CANYON ROAD
SIDEWALK CONSTRUCTION AT SR 60 FREEWAY
RECEIPT OF PROPOSALS: Sealed proposals will be received at the
office of the City Clerk, City Hall, Diamond Bar, California,
until 10 o'clock a.m. on July 9, 1991 for the furnishing of all
labor, materials and equipment for the construction of 4" thick
P.C.C. sidewalk on 4" thick processed miscellaneous base at Brea
Canyon Road at the S.R. 60 Freeway and other incidental and
appurtenant work. The words "Bid: City of Diamond Bar Project
91-01, Brea Canyon Road Sidewalk Construction at SR 60 Freeway,
City of Diamond Bar to be opened at 10 o'clock a.m. on July 9,
1991" shall appear on the envelope of each sealed bid and each
sealed envelope shall be addressed to the City Clerk, City Hall,
Diamond Bar, California 91765. The proposals will be publicly
opened and read in the City Hall, Diamond Bar,' California, at 10
o'clock a.m. on July 9, 1991.
DESCRIPTION OF WORK: The work to be performed or executed under
these specifications consists of and includes the construction of
4" thick P.C.C. sidewalk on 4" thick processed miscellaneous base
and other incidental and appurtenant work necessary for the
proper construction of the contemplated improvement, as indicated
on the accompanying plan.
COMPLETION OF WORK: All work shall be completed within ten (10)
working days after the Notice to Proceed is issued by the City.
ENGINEER'S ESTIMATE: The Project 91-01, Brea Canyon Road
Sidewalk Construction at SR 60 Freeway is estimated to cost
approximately $9,300.00, all in accordance with the provisions of
the Plans, Specifications, Notices and Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all
contract documents may be obtained at the office of the City
Clerk, City Hall, Diamond Bar, California 91765, upon payment of
a non-refundable fee of $25.00. There is a charge of $35.00 for
each set of plans and specifications that are requested to be
mailed.
-4-
PROPOSAL GUARANTY: Each proposal must be accompanied by cash or
by a cashier's or certified check or by a bid bond in the amount
of ten percent (10%) of the bid price payable to the City of
Diamond Bar as a guarantee that the bidder, if his proposal is
accepted, will promptly execute the contract, secure payment of
Workmen's Compensation Insurance, furnish a satisfactory Faithful
Performance Bond in the amount of 100 percent of the total bid
price, and a Labor and Material Bond in an amount not less than
one hundred percent (100%) of the contract price. Said bonds to
be secured from a surety company authorized to do business in the
State of California, and subject to the approval of the City
Attorney.
PREVAILING WAGE RATES: As required by the California Labor Code,
Section 1773 et seq. the City Council of the City of Diamond Bar
incorporates herein by reference the general prevailing rate of
per diem wages as determined by the Director of Industrial
Relations of the State of California. Copies of the prevailing
rate of per diem wages are on file in the office of the City
Clerk and will be made available to any interested party upon
request. In accordance with the Labor Code, no workman employed
upon work under this contract shall be paid less than the above
referenced prevailing wage rate. A copy of said rates shall be
posted at each job site during the course of construction.
Any classification omitted herein shall be paid not less than the
prevailing wage scale as established for similar work in the
particular area, and all overtime shall be paid at the prevailing
rates as established for the particular area. Sunday and holiday
time shall be paid at the wage rates determined by the Director
of Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance
with the specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the
right to reject any and all proposals or bids, should it deem
this necessary for the public good, and also the bid of the
bidder who has been delinquent or unfaithful in any former
contract with the City of Diamond Bar. No bidder may withdraw
his bid for a period of thirty (30) days after the date of the
bid opening.
CITY OF DIAMOND BAR, CALIFORNIA
DATED•
By: Lynda Burgess, City Clerk
Page 5
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated in
the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications for
Public Works Construction, 1988 Edition (with all supplements).
All blanks on the bid form must be appropriately filled in. All
bids shall be submitted in sealed envelopes bearing on the
outside the name of the bidder, his address, and the name of the
project for which the bid is submitted. It is the sole
responsibility of the bidder to see that the bid is received in
proper time. Any bid received after the scheduled closing time
for receipt of bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by
cash or by a cashier's or certified check or by a bid bond in the
amount of not less than ten percent (10%) of the amount named in
the proposal. Said check or bond shall be made payable to the
City Clerk of the City of Diamond Bar and shall be given as a
guaranty that the bidder, if awarded the work, will enter into a
contract within ten (10) days after written notice of the award
and will furnish the necessary bonds as hereinafter provided. In
case of refusal or failure to enter said contract, the check or
bond, as the case may be, shall be forfeited to the City. No
bidder's bond will be accepted unless it conforms substantially
to the form furnished by the City, which is bound herein, and is
properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or persons
duly authorized to sign the bid on behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not specifically
called for in the contract documents may result in the Owner's
rejection of the bid as not being responsive to the invitation to
bid. No oral or telephonic modification of any bid submitted
will be considered but a telegraphic modification may be
considered and only if a postmark evidences that a confirmation
of the telegram duly signed by the bidder was placed in the mail
prior to the opening of bids. The bid submitted must not contain
any erasures, interlineation, or other corrections unless each
such correction is suitably authenticated by affixing in the
margin immediately opposite the correction the surname or
surnames of the person or persons signing the bid.
Page 6
5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between
words and figures, the words shall prevail. If the amounts bid
on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of
the individual items shall prevail over the total figure shown.
The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of Diamond
Bar reserves the right to reject any or all bids and to waive any
irregularity or informality in any bid to the extent permitted by
law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract
documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the
contract, specifications and drawings. The name of the
individual who examined the site of the work and the date of such
examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally
examined the site and the drawings, to have carefully read the
specifications, and to have satisfied himself as to his ability
to meet all the difficulties attending the execution of the
proposed contract before the delivery of his proposal, and agrees
that if he is awarded the contract, he will make no claim against
the City of Diamond Bar based on ignorance or misunderstanding of
the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
personally, by written request, or by telegraphic request
confirmed in the manner specified above at any time prior to the
scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work
under this contract until he has secured all insurance and bonds
required under this section nor shall be allow any subcontractor
to commence work on this subcontract until all similar insurance
and bonds required of the subcontractor have been obtained. All
insurance issued in compliance with this section shall be issued
in the form, and be an insurer of insurers, satisfactory to and
first approved by the City in writing. Certificates of insurance
in the amounts required shall be furnished by the contractor to
the City prior to the commencement of work.
The contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all labor
employed by him or by any subcontractor under him who may come
within the protection of such Workmen's Compensation Insurance
laws.
Page 7
The contractor shall maintain public liability insurance to
protect said contractor and the City against loss from liability
imposed by law, for damages on account of bodily injury,
including death resulting therefrom, suffered or alleged to have
been suffered by any person or persons, other than employees,
resulting directly or indirectly from the performance or
execution of this contract or any subcontract thereunder, and
also to protect said contractor and the City against loss from
liability imposed by law, for damage to any property, damage
insurance shall be maintained by the contractor in full force and
effect during the entire period of performance under this
contract, in the amount of not less than $1,000,000 for one
person injured in the accident and in the amount of not less than
$1,000,000 for more than one person injured in one accident and
in the amount of not less than $1,000,000 with respect to any
property damage aforesaid.
The contractor shall secure with a responsible corporate surety,
or corporate sureties, satisfactory bonds conditioned upon
faithful performance by the contractor of all requirements under
the contract and upon the payment of claims of materials, men and
laborers thereunder. The Faithful Performance Bond shall be in
the sum of not less than one hundred percent (1000) of the
estimated aggregate amount of the payment sot be made under the
contract computed on the basis of the prices stated in the
proposal. The Labor and Material Bond shall be in the sum of not
less than one hundred percent (100%) of the estimated aggregate
amount of the payments to be made under the contract computed on
the basis of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for the proposed contract is in
doubt as to the true meaning of any pert of the drawings,
specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings and
specifications, he may submit to the Owner a written request for
an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any
interpretation or correction of the contract documents will be
made only by Addendum duly issued and a copy of such addendum
will be mailed or delivered to each person receiving a set of the
contract documents. No person is authorized to make any oral
interpretation of any provision in the contract documents to any
bidder, and no bidder is authorized to rely on any such
unauthorized oral interpretation.
Page 8
10. DISQUALIFICATION OR BIDDERS: More than one proposal from an
individual, firm partnership, corporation, or association under
the same or different names, will not be considered. Reasonable
grounds for believing that any bidder is interested in more than
one proposal for the work contemplated will cause the rejection
of all proposals in which such bidder is interested. If there is
reason for believing that collusion exists among the bidders, all
bids will be rejected and none of the participants in such
collusion will be considered in future proposals.
No award will be made to any bidder who cannot give satisfactory
assurance as to his ability to carry out the contract, both from
his financial rating and by reason of his previous experience as
a Contractor on work of the nature contemplated in the contract.
The bidder may be required to submit his record of work of
similar nature to that proposed under these specifications, and
unfamiliarity with the type of work may be sufficient cause for
rejection of the bid.
11. AWARD OF CONTRACT: The City may award the contract to the
lowest responsible bidder on the total base bid or on any one of
the alternates indicated in the proposal. Bids will be compared
on the basis of the lowest possible cost relative to the
alternate or alternates selected and the contract, if awarded,
will be awarded to a responsible bidder whose proposal complies
with the requirements of these specifications. The award, if
made, will be made within sixty (60) calendar days after the
opening of the proposals; provided that the award may be made
after said period of the successful bidder shall not have given
the City written notice of the withdrawal of his bid.
12. ALTERNATES: If alternate bids are called for, the contract
may be awarded at the election of the governing board to the
lowest responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
13. COMPETENCY OF BIDDERS: In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder for the
performance of the work covered by the proposal.
14. LISTING SUBCONTRACTORS: Each bidder shall submit a list of
the proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Gov. Code Sec.
4100 and following). Forms for this purpose are furnished with
the contract documents.
Page 9
15. WORKMEN'S COMPENSATION: In accordance with the provisions
of Section 3700 of the Labor Code, the Contractor shall secure
the payment of compensation to his employees. The Contractor
shall sign and file with the Owner the following certificate
prior to performing the work under this contract: "I am aware of
the provisions of Section 3700 of the Labor Code which require
compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract." The form of such certificate is included as part of
the contract documents.
16. BID DEPOSIT RETURN: Deposits of three or more low bidders,
the number being at the discretion of the Owner, will be held for
sixty days or until posting by the successful bidder of the Bonds
required and return of executed copies of the Agreement,
whichever first occurs, at which time the deposits will be
returned after consideration of the bids.
17. EXECUTION OF CONTRACT: The bidder to whom award is made
shall execute a written contract with the City on the form
agreement provided, and shall secure all insurance and bonds as
herein provided within ten (10) days from the date of written
notice of the award. Failure or refusal to enter into a contract
as herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be.just cause for the
annulment of the award and the forfeiture of the proposal
guaranty.
If the successful bidder refuses or fails to execute the
contract, the City may award the contract to the second lowest
responsible bidder. If the second lowest responsible bidder
refuses or fails to execute the contract, the City may award the
contract to the third lowest responsible bidder. On the' failure
or refusal of such second or third lowest bidder to execute the
contract, such bidder's guarantees shall be likewise forfeited to
the City. The work may then re readvertised.
18. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at #4380) Government Code, all specifications shall
be deemed to include the words "or equal", provided however that
permissible exceptions hereto shall be specifically noted in the
specifications.
19. EMPLOYMENT OF APPRENTICES: The contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The contractor and any subcontractor under him shall comply with
the requirements of said sections in the employment of
apprentices; however, the contractor shall have full
Page 10
responsibility for compliance with said Labor Code section, for
all apprenticeable occupations, regardless of any other
contractual or employment relationships alleged to exist. In
addition to the above State Labor Code Requirements regarding the
employment of apprentices and trainees, the contractor and all
sub -contractors shall comply with Section 5 a. 3, Title 29 of the
Code of Federal Regulations (29CFR).
20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
contract shall submit promptly to the City satisfactory evidence
showing the bidder's financial resources, his construction
experience, and his organization and plant facilities available
for the performance of the contract.
21. WAGE RATES: The Contractor and/or Subcontractor shall pay
wages as indicated in the "Notice Inviting Sealed Bids" section
of these specifications. The Contractor shall forfeit as penalty
to the City of Diamond Bar, twenty-five dollars ($25) for
laborers, workmen, or mechanics employed for each calendar day,
or portion thereof, if such laborer, workman or mechanic employed
is paid less than the general prevailing rate of wages herein
referred to and stipulated for any work done under the proposed
contract, by him, or by any subcontractor under him, in violation
of the provisions of the Labor Code, and in particular, Sections
1770 to 1781 inclusive. Copies of all collective bargaining
agreements relating to the work as set forth in the
aforementioned Labor Code are on file and available for
inspection in the Office of the Department of Industrial
Relations, Division of Labor Statistics and Research.
22. PERMITS, FEES AND LICENSES: The Contractor shall possess a
valid City of Diamond Bar business license prior to the issuance
of the first payment made under this contract.
23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must
agree to commence work on or before the date indicated in the
written "Notice to Proceed" of the City and to fully complete the
project within ten (10) working days thereafter. Bidder must
agree also to pay as liquidated damages, the sum of one hundred
dollars ($100.00) for each calendar day thereafter as provided in
the General Conditions.
Page 11
BIDDER'S PROPOSAL
FOR THE CONSTRUCTION OF SIDEWALK ON BREA CANYON ROAD AT S.R. 60
FREEWAY, PROJECT 91-01, IN THE CITY OF DIAMOND BAR, CALIFORNIA.
Date
To the City Council of the
City of Diamond Bar:
The Undersigned hereby declares:
19
(a) That the only persons or parties interested in this
proposal as principals are the following:
(If the bidder is a corporation, give the name of the corporation
and the name of its president, secretary, treasurer, and manager.
If a co -partnership, give the name under which the co -partnership
does business, and the names and addresses of all co-partners.
If an individual, state the name under which the contract is to
be drawn.)
(b) That this proposal is made without collusion with any
person, firm or corporation.
(c) That he has carefully examined the location of the
proposed work and has familiarized himself with all of the
physical and climatic conditions, and makes this bid solely upon
his own knowledge.
(d) That by submitting this Bidder's Proposal, he
acknowledges receipt and knowledge of the contents of those
communications sent by the City of Diamond Bar to him at the
address furnished by him to the City of Diamond Bar when this
proposal form was obtained.
(e) That he has carefully examined the specifications, both
general and detail, and the drawings attached hereto, and
communications sent to him as aforesaid, and makes this proposal
in accordance therewith.
(f) That, if this bid is accepted he will enter into a
written contract for the performance of the proposed work with
the City of Diamond Bar.
Page 12
(g) That he proposes to enter into such contract and to
accept in full payment for the work actually done thereunder the
prices shown in the attached schedule. It is understood and
agreed that the quantities set forth are but estimates, and that
the unit prices will apply to the actual quantities whatever they
may be.
Accompanying this proposal is a certified or cashier's check
or bidder's bond, payable to the order of the City of Diamond Bar
in the sum of
DOLLARS ($
Said bidder's bond has been duly executed by the undersigned
bidder and by a financially sound surety company authorized to
transact business in this state.
it is understood and agreed that should the bidder fail
within fifteen days after award of contract to enter into the
contract and furnish acceptable surety bonds, then the proceeds
of said check, or bidder's bond, shall become the property of the
City of Diamond Bar, but if this contract is entered into and
said bonds are furnished, or if the bid is not accepted then said
check shall be returned to the undersigned, or the bidder will be
released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
Page 13
SCHEDULE OF PRICES
FOR THE
PROJECT 91-01
BREA CANYON ROAD SIDEWALK CONSTRUCTION
AT S.R. 60 FREEWAY
In accordance with specifications therefore approved by the City
Council of the City of Diamond Bar the undersigned bidder is
herewith submitting the following bid prices for the performance
of the entire work as described in these specifications and
attached drawings subject to this furnishing all materials.
ITEM ITEM QUANTITY UNIT UNIT PRICES ITEM TOTALS
NO. DESCRIPTION (In figures) (in figures)
Dollars Cents Dollars Cents
1. Construct 4" thick 3092
sidewalk on 4"
thick processed misc.
base (includes
clearing, grubbing,
excavation,
removal of all waste
material, traffic
control, utility co-
ordination and
compliance with
conditions of the
Caltrans encroachment
permit.)
S. F.
TOTAL AMOUNT BID $
Accompanying this proposal is
(Insert "$ cash,"
"cashier's check," "certified check," or "bidder's
bond," as the case may be) in the amount equal to
at least ten percent (10%) of the total bid.
Page 14
The undersigned further agrees that in case of
default in executing the required contract, with
necessary bond, within ten (10) days, not
including Sundays and legal holidays, after having
received notice that the contract has been awarded
and ready for signature, the proceeds of the
security accompanying his bid shall become the
property of the City of Diamond Bar, and this
proposal and the acceptance thereof may be
considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
Page 15
PROJECT
SUBCONTRACTORS LIST
BID OPENING DATE
PROJECT NO.
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name
and location of the place of business of each subcontractor who will perform work or labor or render service to the general contractor
in or about the construction of the work or improvement in an amount in excess of one-half (112) of one percent (1 %) of the general
contractor's total bid, and the portion of the work which will be done by each subcontractor.
Name under which Sub- License Address of Office, Specific Description
contractor is licensed Number Mill or Shop of Sub -contract work
& portion of the Work
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews.
(Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.)
Dated Bidder
Signature
Signature
Page 16
CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification
Bid Date
This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture
or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into
consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
5 Calendar Years Prior to Current Year
1986 1987 1988 1989 1990 TOTAL CURRENTYEAR
1. No. of contracts
2. Total dollar amount
of contracts (in
thousands of $)
3. No. of fatalities
4. No. of lost workday cases
5. No. of lost work day cases involving permanent
transfer to another job or termination of
employment
6.• No. of lost workdays
'The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries,
Summary - Occupational Injuries and Illnesses, OSEA No. 102.
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these records.
Name of Bidder (print)
Address
Signature
State Contractors' Lic. No. &
Classification
City Zip Code Telephone
Page 17
AFFIDAVIT FOR CO -PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is a member of the co -partnership firm designated as
which is the party making the foregoing proposal or bid; that
such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or
indirectly, with any other bidder or person to put in a sham bid
or that such other person shall refrain from bidding; and has not
in any manner sought by collusion to secure any advantage against
the City of Diamond Bar or any person interested in the proposed
contract, for himself or for any other person.
That he has been and is duly vested with authority to make
and sign instruments for the co -partnership by
who constitute the other members of the co -partnership.
Signature
Subscribed and sworn
to before me this
day of 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 18
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
being
first duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or
bid; that such bid is genuine and not collusive or sham; that
said bidder has not colluded, conspired, connived or agreed,
directly or indirectly, with any other bidder or person to put in
a sham bid or that such other person shall refrain from bidding;
and has not in any manner sought by collusion to secure any
advantage against the City of Diamond Bar or any person
interested in the proposed contract, for himself or for any other
person.
signature
Subscribed and sworn
to before me this
day of 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 19
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly
or indirectly, with any other bidder or person to put in a sham
bid or that such other person shall refrain from bidding; and has
not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the
proposed contract, for himself or for any other person.
Signature
Subscribed and sworn
to before me this
day of 19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 20
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
, being
first duly sworn, deposes and says:
That he is of,
one of the parties submitting the foregoing bid as a joint
venture and that he has been and is duly vested with the
authority to make and sign instruments.for and on behalf of the
parties making said bid who are:
that such bid is genuine and not collusive or sham; that said
bidder has not colluded, conspired, connived or agreed, directly
or indirectly, with any other bidder or person to put in a sham
bid or that such other person shall refrain from bidding; and has
not in any manner sought by collusion to secure any advantage
against the City of Diamond Bar or any person interested in the
proposed contract, for himself or for any other person.
Subscribed and sworn
to before me this
day of
Signature
19
Signature of Officer Administering Oath
(NOTARY PUBLIC)
Page 21
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
hereinafter referred to as "Contractor" as PRINCIPAL,
and
as SURETY, are held and firmly bound unto the CITY OF DIAMOND
BAR, CALIFORNIA hereinafter referred to as the "City", in the sum
of
Dollars
($ ) lawful money of the United States of America, for
the payment of which sum, will and truly to be made, we bind
ourselves, jointly and several firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said
contract has been awarded and is about to enter into the annexed
contract with said City for consideration of the work under the
specification entitled
and is required by said City to give this bond in connection with
the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and
perform all the covenants and obligations of said contract on his
part to be done and performed at the time and in the manner
specified herein; this obligation shall be null and void;
otherwise it shall be and in full force and effect;
PROVIDED, that any alterations in the work to be done, or the
materials to be furnished, which may be made pursuant to the
terms of said contract shall not in any way release said
Contractor or the Surety thereunder nor shall any extension of
item granted under the provisions of said contract release either
said Contractor or said Surety and notice of such alterations or
extensions of the contract is hereby waived by such Surety.
Page 22
AGENDA NO.
CITY OF DIAXOND BAR
AGENDA REPORT
DATE: June 13, 1991 MEETING DATE: June 18, 1991
TO% Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Mousavi, City Engineer/Publi�Works rector
SUBJECT: Crossing Guard Services
ISSUE STATEMENT:
Crossing guard services has been provided to Diamond Bar schools by the County of
Los Angeles who contracted with a private company in the past. With the 90-91
fiscal year approaching the end, there is a need to contract for the 91-92 fiscal
year. The City has investigated the feasibility of entering into contract with
MasterGuard International for crossing guard services.
RECOMMENDATION:
It is recommended that the City directly enter into a contract with Masterguard
International for crossing guard services for Fiscal Year 91-92.
BACKGROUND AND ANALYSIS:
Crossing guards are used in order to aid school children cross streets safely as
well as make visible to motorists the presence of children. Guards are assigned
a street or an intersection where traffic is a concern. The presence of guards
tends to decrease the number of accidents that occur around school sites.
Properly trained in their rules, regulations, procedures and safety measures,
crossing guards become responsible for the safe crossing passage of children from
one street to another.
The City of Diamond Bar contacted suitable and appropriate companies who provide
crossing guard services. The City requested from each a proposal for crossing
guard services for the Fiscal Year 91-92 and received three proposals from
MASTERGUARD INTERNATIONAL, PROTECTOR SERVICES CORPORATION, and ALLCITY MANAGEMENT
COMPANY. The billing rate submitted by each bidder were $9.45 per hour, $10.78
per hour, and $11.20 per hour, respectively. The billing rate includes training,
crossing guard and supervisory salary, administrative costs, uniform and equipment
and insurance coverage.
(Narrative continued an next page if necessary)
FISCAL IMPACT:
Amount Requested $90,000
Budgeted Amount $90,000
In Account Number: 4553-5531
Deficit: $ N/A
Revenue Source: General Fund
--------------- -----------------_.- -------- _-------
Robert ---
L. Van Nort------
Andrew V. ArczYnskl Terrence L. Bela r
City Manager City Attorney Assistant City Manager
Crossing Guard services
June 13, 1991
Page Two
MasterGuard International submitted the lowest bid for services. In addition to
what is documented as part of the billing rate, MasterGuard International requires
annual orientation and training for its employees, including guards and
supervisors of all levels. Further, new employees are matched up with old
employees for proper and additional training.
MasterGuard will monitor each school site at least three times a week to assure
safety and proper procedure for crossing children. Further, it will meet with the
schools as well as the City on a monthly basis to assess and discuss existing
problems that may have occurred.
Currently, eight intersections within the City have crossing guards. The times
that these intersections need to be monitored is dependent upon each school's
hours. This service also needs to be extended to summer sessions of the different
schools.
PROFESSIONAL SERVICES AGREEKENT
This Agreement is made and entered into this 2nd day of July, 1991,
between the City of Diamond Bar, a Municipal Corporation
(hereinafter referred to as "CITY") and MASTERGUARD INTERNATIONAL
(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 CROSSING GUARD SERVICES ("Project" hereafter).
(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 perform
professional services necessary to render advice and assistance to
CITY, CITY's City Council and staff in conducting the Project.
(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 Agreement
otherwise requires:
1
(a) Project: Providing CROBBING GUARD SERVICES
described in Exhibit "A" hereto including, but not limited to, the
preparation of reports and documents, the presentation, both oral
and in writing, of any work, reports and documents to CITY as
required and attendance at any and all work sessions, and any
meetings conducted by CITY with respect to the project.
(b) Services: Such professional services as are
necessary to be performed by CONSULTANT in order to complete the
Project.
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 Federal, State and CITY statues, regulations,
ordinances and guidelines, all to the reasonable satisfaction of
CITY.
(b) CONSULTANT shall supply staff, equipment,
supply, and if necessary copies of all reports, plans and documents
(hereinafter collectively referred to as "documents") including all
supplemental documents, as described in Exhibit "A" to CITY within
the time specified in Schedule of work in Exhibit "A". CITY may
thereafter review and forward to CONSULTANT comments and CONSULTANT
shall thereafter make such revisions to work as are deemed
necessary. The time limits set forth pursuant to this Section
B2.(b) may be extended upon written approval of CITY.
E
(c) CONSULTANT shall, at CONSULTANT's sole cost and
expense, secure and hire such other persons as may, in the opinion
of CONSULTANT, be necessary to comply with the terms of this
Agreement. In the event any such other persons are retained by
CONSULTANT, CONSULTANT hereby warrants that such persons shall be
fully qualified to perform services required hereunder. CONSULTANT
further agrees that no subcontractor shall be retained by
CONSULTANT except upon the prior written approval of CITY.
3. CITE agrees as follows:
(a) To pay CONSULTANT a maximum sum of NINE DOLLARS
AND FORTY-FIVE CENTS ($9.451 per hour for the performance of the
services required hereunder. This sum shall cover the cost of all
staff time, administrative costs, uniform, equipment, and all other
direct and indirect costs or fees, including the work of employees,
consultants and subcontractors to CONSULTANT.
Payment to CONSULTANT, by CITY, shall be made in accordance with
the schedule set forth below.
(b) Payments to CONSULTANT shall be made by CITY in
accordance with the invoices submitted by CONSULTANT, on a monthly
basis, and such invoices shall be paid within a reasonable time
after said invoices are received by CITY. All charges shall be in
accordance with CONSULTANT Is proposal with respect to hourly rates.
(c) Additional services: Payments for additional
services requested, in writing, by CITY, and not included in
CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be
3
paid on a reimbursement basis in accordance with the fee schedule
set forth in said Exhibit "A". Charges for additional services
shall be invoiced on a monthly basis and shall be paid by CITY
within a reasonable time after said invoices are received by CITY.
4. CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in
Exhibit "A" hereto.
(b) Information, if available, which CONSULTANT
considers necessary in order to complete the Project.
(c) Such information as is generally available from
CITY files applicable to the Project.
(d) Assistance, if necessary, in obtaining
information from other governmental agencies and/or private
parties. However, it shall be CONSULTANT's responsibility to make
all initial contact with respect to the gathering of such
information.
S. Ownership of Documents: All documents, data, studies
and reports prepared by CONSULTANT pursuant to this Agreement shall
be considered the property of CITY and, upon payment for services
performed by CONSULTANT, such documents and other identified
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
4
termination 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 paragraph 3(a), above.
CONSULTANT shall provide to CITY any and all documents, data,
studies 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:
Bid Jalal Mousavi Bunce Pierce
City Engineer/Director of Public Works Executive Vico President
City of Diamond Bar Masterquard International
21660 East Copley Drive 3405 Cahuenga Blvd., West
Diamond Bar, CA 91765 Los Angeles, CA 90058
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
5
CONSULTANT allow any subcontractor to commence work on a
subcontract until all insurance required of the subcontractor has
been obtained. CONSULTANT shall take out and maintain at all time
during the term of this Agreement the following policies of
insurance:
(a) Workers' Compensation Insurance: Before
beginning work, CONSULTANT shall furnish to CITY a certificate of
insurance as proof that it has taken out full workers' compensation
insurance for all persons whom it may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California.
In accordance with the provisions of California
Labor Code Section 3700, every employer shall secure the payment of
compensation to his employees. CONSULTANT prior to commencing
work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of Section 3700 of
Labor Code which require every employer to be insured against
liability for workers' compensation or to undertake self insurance
in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of the work
of this Agreement"
(b) Public Liability and Property Damage:
Throughout the term of this Agreement, at CONSULTANT's sole cost
and expense, CONSULTANT shall keep, or cause to be kept, in full
force and effect, for the mutual benefit of CITY and CONSULTANT,
comprehensive, broad form, general public liability and automobile
6
insurance against claims and liabilities for personal injury,
death, or property damage arising from CONSULTANT's activities,
providing protection of at least One Million Dollars
($1,000.000.00) for bodily injury or death to any one person or for
any one accident or occurrence and at least One Million Dollars
($1,000,000.00) for property damage.
(c) Errors and Omissions: CONSULTANT shall take
out and maintain at all times during the life of this Agreement, a
policy or policies of insurance concerning errors and omissions
("malpractice") providing protection of at least $1,000,000 for
errors and omissions ("malpractice") with respect to loss arising
from actions of CONSULTANT performing CROSSING GUARD SERVICES
services hereunder on behalf of CITY.
(d) General Insurance Requirements: All insurance
required by express provision of this Agreement shall be carried
only in responsible insurance companies licensed to do business in
the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected
officials, officers, employees, agents and representatives. All
policies shall contain language, to the effect that: (1) the
insurer waives the right of subrogation against CITY and CITY's
elected officials, officers, employees, agents and representatives;
(2) the policies are primary and noncontributing with any insurance
that may be carried by CITY; and ( 3 ) they cannot be canceled or
materially changed except after thirty (30) days' notice by the
insurer to CITY by certified mail. CONSULTANT shall furnish CITY
7
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, in any
manner arising out of the acts and/or omissions of CONSULTANT
pursuant to this Agreement, including, but not limited to, all
consequential damages, to the maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of
any part or obligation of performance hereunder shall be made,
either in whole or in part, by CONSULTANT without the prior written
consent of CITY.
11. Damages: In the event that CONSULTANT fails to
provide crossing guard services as scheduled and accepted by CITY
the completed project, to the reasonable satisfaction of CITY,
within the time set forth herein, or as may be extended by written
consent of the parties hereto, CONSULTANT shall pay to CITY, as
liquidated damages and not as a penalty, the sum of TWO HUNDRED
DOLLARS ($200.001 per crossing guard per day for each day
CONSULTANT is in default, which sum represents a reasonable
endeavor by the parties hereto to estimate a fair compensation for
the foreseeable losses that might result from such a default in
performance by CONSULTANT, and due to the difficulty which would
8
otherwise occur in establishing actual damages resulting from such
default, unless said default is caused by CITY or by acts of God,
acts of the public enemy, fire, floods, epidemics, or quarantine
restrictions.
12. Independent Contractor: The parties hereto agree
that CONSULTANT and its employers, officers and agents are
independent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
13. GoverningLaw: This Agreement shall be governed by
and construed in accordance with the laws of the State of
California.
14. Attorney's Fees: In the event any legal proceeding
is instituted to enforce any term or provision of the Agreement,
the prevailing party in said legal proceeding shall be entitled to
recover attorneys' fees and costs from the opposing party in an
amount determined by the court to be reasonable.
15. 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 expenses
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 controversy so submitted to mediation.
It is specifically understood and agreed by the parties hereto that
referral of any such dispute 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 respect to any such dispute or controversy.
16. 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:
Approved As To Form:
City Attorney
ATTEST:
10
CONSULTANT
CITY OF DIAMOND BAR
Mayor
City Clerk
AGENDA NO. -
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
CITY OF DIAMOND BAR
AGENDA REPORT
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
DATE: June 12, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager V'0��
FROM: Sid Jalal Mousavi, City Engineer/Director of Public orks
SUBJECT: Fountain Spring Pump Station Capacity
ISSUE STATEMENT
Los Angeles County Department of Public Works (LACPW) has a sewer lift station,
Fountain Springs Pump Station, located at 2148 Fountain Springs Road in the
City of Diamond Bar that has previously ruptured and is pumping at full
capacity. Also within the City, four additional sewer lift stations discharge
flow into gravity sewer lines that are ultimately pumped by the Fountain
Springs Pump Station. These stations are Castle Rock, Brea, Indian Creek, and
Longview.
Attached is a map outlining the boundary of
No additional sewer connection can be made
Springs Pump Station is upgraded.
RECOMMENDATION
the impacted area within the City.
within this area until the Fountain
It is recommended that the City Council direct staff to post signs at the
public counter showing the affected area along with notification to the
developers stating that finalization of all projects within this area will be
delayed until corrective measures occur. Furthermore, all developmental
departments must verify the location of proposed projects in relation to
Fountain Springs, Brea, Castle Rock, Indian Creek, and Longview pump stations
in order to 1) notify prospective applicants of the possible delay in sewer
connection and 2) notify present applicants of their permit issuance delay .
(Narrative continued on the next page)
FISCAL IMPACT: $ N/A
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
REVIEWED BY:
-------------------------------------------- W-------------------
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger C
City Manager City Attorney Assistant City Manager
Page Two
Fountain Spring Pump Station Capacity
June 12, 1991
BACKGROUND
In June 1990, the City's contract engineer received notification from LACPW
that the Fountain Springs Pump Station was under study due to a force main
break and a full capacity condition. At that time LACPW requested they be
contacted concerning future development affecting this pump station.
In January 1991, staff was informed that ASL Consultants, a private engineering
company, was studying not only the Fountain Springs Pump Station but other
stations current capabilities as well as the impact of the City's future
developments on this pump station. Staff then contacted Mr. Jerry Elliot of
ASL Consultants for further information. Mr. Elliot informed staff that a
study is taking place for LACPW and the City would be notified by LACPW when it
was complete.
As part of the sewer plan check process, in April of 1991 Tract 47722's sewer
plans were submitted to LACPW. This project is located within Fountain Springs
Pump Station sewer area. On May 30, 1991 the City received notification from
LACPW in reference to Tract 47722 that no additional discharge be allowed into
this station until the study and corrective measures to the lift station are
completed. In response, on June 3, 1991, staff contacted Mr. Jerry Elliott of
ASL and Mr. Ray Khojasteh of LACPW and learned that ASL has recently
completed a "draft" report of possible corrective measures for Fountain Springs
Pump Station and that LACPW will be receiving a "draft" copy shortly. LACPW
informed the City that they will forward a copy of this "draft" to the City of
Diamond Bar as soon as they receive one. During the discussion with LACPW
staff inquired as to the extent of City involvement in the corrective measures
to be taken in order to upgrade the sewer pumping capacity. LACPW responded
that the City would not be involved at this time.
As shown on Figure 1, not allowing discharge into Fountain Springs Pump Station
(either directly or indirectly) will affect sewer connection capability in a
large area of the City.
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STUDY AREA --*90.0.0
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PUMPING PLANT
ti�=...r jF„ rf7 MI
AGENDA NO. =-)
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 11, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Jim De5tefano, Planning Dire 4*0
SUBJECT: Continuation of Public Hearing p rtaining to Signs
ISSUE STATEMENT:
The City Council is considering adoption of new sign regulations in order to
create a unified plan pertaining to comprehensive signage policy.
RECOMMENDATION:
It is recommended that the City Council reopen the public hearing, accept
testimony, and provide direction to staff as appropriate. The Planning Commission
recommends approval of the Sign Ordinance.
BACKGROUND AND ANALYSIS:
On May 7, 1991, the City Council began its public discussion relative to
consideration of a new Sign Ordinance. The Council reviewed materials presented
and opened the public hearing.
Staff has reviewed the proposed ordinance based upon comments received at the
public hearing. Suggested amendments and clarifications are proposed in order to
identify purpose and clear ambiguity. Attachments to this report highlight the
intended changes.
(narrative continued on next page)
FISCAL IMPACT:
Amount Requested
Budgeted Amount N/A
In Account Number:
Deficit:
Revenue Source:
-'4
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manag
Two illustrations have been created in order to clarify "sign types". The
definitions of "grade level" and the measurement of "sign height". In addition
a list of specifically prohibited signs is attached for consideration.
The Chamber of Commerce has prepared a letter outlining their concerns. The
Chamber, and specifically the Economic Development Committee, has identified three
areas of concern as follows:
1. Wall Signs - The Chamber is requesting wall signage increases in order
to provide lettering of sufficient size to be viewed from the street.
2. Monument Signs - The Chamber is requesting a maximum height increase
from 6 to 10 feet and an increase in sign face area dependent upon the
size of the shopping center.
3. Permits - The Chamber is requesting an "over the counter" process for
approval of tenant signs after each shopping center has received
approval of their sign plans.
Staff will seek clarification of the chamber's requests and provide more
information for the council meeting.
Attachments
SUGGESTED AMENDMENTS TO SIGN ORDINANCE
New Section 104.H to read:
A Project address plate shall be incorporated into all freestanding signs
which identify the project, center or use by specific street address.
Letter Height: Eight (8) inches.
New Section 104 (definitions) to read:
Comprehensive sign program: A complete set of site specific sign criteria
for a multi -tenant development which demonstrates compatibility between
building and signage in terms of architectural treatment, design, materials,
and color.
New Section 108.D.11 to read:
11. Comprehensive Sign Program
Comprehensive sign programs may be permitted subject to approval of a
Conditional Use Permit by the Planning Commission. A comprehensive sign
program shall describe the proposed type, number, size, location, design,
colors and materials for each sign within a multi -tenant development
project. Comprehensive sign programs will be reviewed for consistency with
the following performance standards:
A. The sign program incorporates the sign development standards for
individual sign types.
B. The sign program shall enhance the overall development through
coordinated and compatible architectural style, design, color, and
material.
C. The sign program combines various types of signs, such as
freestanding and wall -affixed signs, to effect the optimum blend
of business advertising and community design.
D. The sign program should utilize the standards described herein.
Differences in those standards will be reviewed on a case by case
basis.
SECTION 104. GENERAL REGULATIONS
A. No freestanding sign shall be located less than 25
linear feet from an adjoining property line, except that a sign
may be located no less than 10 feet from the ultimate street
right-of-way.
B. Signs shall be constructed of fire resistant
material. Where glass or plastic are used, these materials shall
be shatter -resistant.
C. The Director of Planning may approve minor
alterations of signs aproved within a planned sign pro r m
n1hat' be VM Me 1^ the avGh� �}•u MVICIde55h,
r D. Sig �materiald and color shall be consistent with
buildingonaterials attached or adjacent to signs.
E. No sign shall be placed on or over a public
right-of-way unless permission has been granted by the City
Council or the Council's designee.
F. Sign copy in non Latin/Roman letters, symbols,
numerals, or alphabet characters must contain thereon a generic
description written in English of the nature of such business or
use. Such translation shall be visible from the nearest public
street.
G.
Business signs shall be limited to those
of a building within which such business is located
SECTION 106. DEFINITIONS
A.
Advertising device: Any ball
banner, propeller, oscillating, rotating,
light or other contrivance (except 1
March 22, 1991 0
or stationary
tted signs) used
V. Flashing or animated sign: A sign intermittently
emitting light, or which has any illumination which is not
maintained in constant intensity, color or pattern, including
electronic reader boards, except time and temperature displays.
W. Freestanding sign: Any sign permanently or
temporarily attached to the ground which does not have a building
as its structural support.
X. Grade level: Ground elevation at the closest
point of the adjacent building or curb level of the adjacent
right-of-way, whichever is closer to the location of the sign(sa'e
Y. Grand opening sign: An on premise sign
advertising the opening of a new business.
Z. Government offices and quasi -official signs: A
sign displaying information pertaining to services offered by
City, County, State or other official governmental agencies.
AA. Height of a sign: The vertical distance measured
from-Fe�rwrr+a�}► grade level alongthe
base of the sign structure, to the highest point of the
structurelsez Hf fi�h)
BB. Hours of operation sign: A wall or window
�
designating hours of opening and closing. \�)
CC. Illuminated s' n: A sign which has^ters,
letters, figures, designs or outline backlighte ,� ternally
illuminated by electric lights or luminous
.t
DD. Incidental sign: A wall ow sign indicating
type of credit card accepted, trade aff ion, etc.
March 22, 1991 0
Special Conditions: Permit for sign issued
after construction permit is issued; sign
must be removed upon issuance of occupancy
permit.
Zone: All
3. Subdivision/Model Home Sales Signs
Max. Area: 16 sq. ft.
Configuration: Wall or Freestanding
Max. Number: 1 per entrance
Max. Freestanding Height: 4 ft.
Special Conditions: Permit valid for six
months, renewable.
Zone: Any
4. Grand Opening Sign:
Max. Area: 16 sq. ft.
Configuration: Wall or Window
Max. Number: 2 per use. ^ce
special Conditions: Permit valid AforV30 days
IM0.Xtw►uIM aF
Zone: Commercial
5. Liquidation Sale Sign
Max. Area: 16 sq. ft.
Configuration: Wall or Window
Max. Number: 2 per useG2
iax
wlmum
30 day
Special Conditions: P lid for s
;. n
Zone: Comm
/-IIN 41
March 22, 1991 QJ5
6. Special Event:
Max. Area: 24 sq. ft.
Configuration: Wall, Window or Portable
Max. Number: 1 per use
04�n vovL mce p&r year -
Special Conditions:^ Must be removed within
ten days following special event. Permit
issued not more than 60 days prior to event.
Zone: Commercial
7. Temporary Holiday Lighting:
Max. Area: As may be deemed to be
Configuration: suitable at the discretion
Max. Number: of the Planning Director
ftYw►ii- valid -for �.wW%wmvyn of 6o days
Special conditions:A Must be removed within
10 —90 days after permit issuance. Maximum
intensity of 25 watts. Trim not to exceed
7" in height or width.
Zone: All
8. Temporary Searchlight Permit:
Max. Area: N/A
Configuration: N/A \�\,
O
Max. Number: 1 Searchlight per p y
8 ec a Conditions: A tempor::; rchlight
permit may be used for spe_c6k't�ents such
as, but not limited to,- Openings and
Premier showings. ermits may be
granted for a ma period of ten days.
March 22, 1991 1 6
The ten days may be consecutive or may occur
within a 30 day period. Permit shall be
granted one time per year.
Zone: Commercial
SECTION 108. PLANNED SIGN PROGRAM
The following signs must be approved by the Planning
Commission:
A. Sigshall be approved subject to the
following conditions:
1. No lighting shall interfere with traffic or
regulatory lighting in color or intensity, nor create confusion
for motorists or pedestrians in travel.
2. The intensity of lighting and the hours of
operation shall be restricted for sign lighting visible from,
directed toward or reflecting upon residential properties.
3. Lighting shall be consistent with existing
conforming commercial and/or residential properties.
B. For single use buildings with 200 feet or more of
frontage, a Planned Sign Program may be approved which exceeds.
the maximum aggregate sign area up to a limit of 200 sq.*XX �
provided that:
1. No single wall sign so approveo--mfteas 100
sq. ft., and no freestanding sign exceeds 24 sq.(c�\Yexcept as
v
stated by the provisions of this Ordinance.
2. Any two signs pla;u�
e same frontage
which taken to ether exceed 100 s . f11 be se arated b no
g q P YMarch 22, 1991 1 %
less than one-half the length of the building frontage.
C. No planned sign program shall be approved which
allows any combination of signs which exceed an overall maximum
of 100 sq. ft. per use, except as stated by the provisions of
this ordinance.
D. Standards:
1. Freestanding Monument:
Max. Area: 24 sq. ft.
Max. Number: 1 per frontage in excess of 99 ft.
for structures less than 4 stories
1 per frontage for structures 4
stories or greater
Max. Height: 6 feet
Zone: Commercial
2. Window Signs:
Max. Area: 25 percent of contiguous window
area &V 100 sq.f+• Wk ch -evev
t� lei.
Zone: Commercial
3. Wall Signs for multi -use buildings or
commercial centers:
Max. Area: 1 sq. ft. per 1 line of
frontage ter esta nt to a
maximum of 10 t. per street
level use 1 sq. ft. per
1 lineai�l of frontage per
March 22, 1991 9
establishment up to a maximum of
100 sq. ft. for uses not located
at street level which are visible
from the street, courtyard, or
public parking area and which are
individually accessible directly
from the outside, such as along a
common balcony or walkway.,
Max. Number: 1 per use per outer wall
Location: Same as Basic Sign Program
Special Conditions: Businesses with
frontages less than 25 feet may be approved for
50
sign area up to-&& sq. ft.
An additional sign may be permitted on a wall
other than the wall which contains the front
entrance, provided said wall faces a public
right-of-way and such signage does not exceed one
(1) square foot per linear foot of wall for each
business, to a maximum of 100 square feet. S,�
signs may not be erected on walls visiblef��
adjoining freeway rights-of-way, with t��v
exception of signs for restaurants �g food
primarily for on-site consumptio(i$_Womobile
service stations dispensing and places
of lodging.
Zone: Commerc
March 22, 1991 1 9
4. Freestanding Monument Signs for commercial
centers:
Max. Area: 72 sq. ft.
Max. Height: 6 feet
Max. Number: 1 sign per entrance
Special Conditions: Shall not be counted toward
maximum sign area otherwise permitted.
Zone: commercial
5. Government flags over 12 sq. ft. in area or
6 ft. in height:
Max. Area: Determined by Planning Commission
Max. Height: 35 feet
Max. Number: Determined by Planning Commission
Zone: All
6. Building I.D. Sign:
Max. Area: 36 sq. ft.
Max. Height: Must be mounted at a height no
less than 25 ft. -FY-& � GJ�•
Max. Number: 1 per building
Special Conditions: (a) Signs mounted at a
building level higher than 45 feet may b
larger than 2$ of the vertical exteri a
upon which the sign is located; ( 0 4
Building I.D. Signs may be app or buildings
when such signs are mounte building height
greater than 75 feet, 1to one sign per
March 22, 1991 2
C. The highest point of a freestanding sign may not
exceed twenty-five (25) feet above the height of the guardrail of
the freeway (excluding access ramps) as measured at the point
nearest to the proposed signage.
D. The maximum dimensions of the sign face of a
freestanding sign shall be eight (8) feet in height and sixteen
(16) feet in width.
Special Conditions: If the site upon which lodging
accommodations are located contains businesses engaged in the
sale of food and fuel in addition to the place of lodging, such
uses may also be identified on the freestanding sign approved for
lodging, provided that:
a. No more than one use of each type is
identified on the sign. �j.40 %OW1 geubte COpy S19"a t9 hot
peva If ed .
C. The maximum size permitted for a freestanding
sign is not exceeded.
Ci•'W' No wall signage is constructed or is retained
which is designed to be visible from the freeway for uses
identified on the freestanding sign.
e.,&-'. Advertising for uses engaged in thesaO
food and fuel on a freestanding sign must clearly be su ate
to that of the lodging accommodations.
SECTION 110. EXEMPT SIGNS
Q
A. Government required traffic a ctional signs.
B. official City monument si ated at City
limits. Such signs shall be submitted advisory
March 22, 1991 2 4
Number: 2 per building
Special Conditions: May be illuminated with
lighting no greater than 25 watts.
G. Hours of Operation:
Area: 1 sq. ft.
Configuration: Wall or window
Number: 1 per use
H. Incidental Sign:
Area: 1 sq. ft.
Configuration: Wall or window
Number: 1 per use
I. Security Protection:
Area: 1 sq. ft.
Height: 3 ft.
Configuration: Wall or freestanding
Number: 1 per property
SiDecial Conditions: May utilize pole up�
J. No Trespassing Sign:
Area: 2 sq. ft.
O
Height: ft.
Configuration: Wall or fr ing
Number: 1 per pr
SBecial Conditions: Mayfutilize pole uprights.
K. Flags:
Area: 12 sq. ft. per flag 6V (0f�: in hcigh,
Height: .4 4r+- rohali K&he• I'Gca+ed atai��9k�"
March 22, 1991 2 6
abatement to all persons owning property described in the
resolution. The Clerk shall cause the written notice to be
mailed to each person on whom the described property is assessed
in the last equalized assessment roll available on the date the
resolution was adopted by the legislative body.
The City Clerk shall confirm with the County
Assessor the names and addresses of all the persons owning
property described in the resolution. The addresses of the
owners shown on the assessment roll is conclusively deemed to be
the proper address for the purpose of mailing the notice. If the
County of Los Angeles poses any charges upon the City for the
actual costs of furnishing the list, the City shall reimburse the
County, and such costs shall be a part of the cost of abatement
assessed against the property owner.
The notices mailed by the City Clerk shall be
mailed at least ten (10) days prior to the time for hearing
objections by the City Council. The notices mailed by the Clerk
shall be substantially in the form of notice set
forth hereinabove.
G. HEARING; CONTINUANCES; OBJECTIONS; FINALIT O
DECISION; ORDER TO ABATE.
At the time stated in the notices th e_O»� *uncil
shall hear and consider all objections to th( sed removal of
the on -premises advertising display. ItAztinue the hearing
from time to time. By motion or reso'",at the conclusion of
the hearing, the legislative body shall allow or overrule any
March 22, 1991 3 3
for confirmation, an itemized written report showing that cost.
2. A copy of the report shall be posted at least
three (3) days prior to its submission to the City Council, on or
near the City Council chambers door, with notice of the time of
submission.
3. At the time fixed for receiving considering
the report, the City Council shall hear it with any objections of
the property owners liable to be assessed for the abatement. The
City Council may modify the report if it is deemed necessary.
The City Council shall then confirm the report by motion or
resolution.
K. ABATEMENT BY CONTRACT.
The nuisance may, in the sole discretion of the City
Council, be abated by performance on a contract awarded by the
City Council on the basis of competitive bids let to the lowest
responsible bidder. The contractor performing the contract shall
keep an itemized account and submit such itemized written report
for each separate parcel of property acquired by Subsection J,
above.
L. COST OF ABATEMENT; SPECIAL ASSESSMENT AND x
1. Cost of abatement in front of o f �ach
parcel of property, and the cost incurred by the :ji;.n
enforcing abatement upon the parcel or Parce ) luding le'91
investigation, bond redetermination, mea , clerical,Aandd
other related costs, are a special asgfit against that
parcel. After the assessment is madkN�Md confirmed, a lien
March 22, 1991 3 5
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PROHIBITED SIGNS.
Unless expressly permitted elsewhere in this chapter, the following
signs are prohibited:
A. Any off premises or outdoor advertising sign or billboard placed
on private property for the purpose of advertising a business not
on the property upon which the sign is placed.
B. Flashing, moving, pulsating, or intermittently lighted signs, elec-
tronic reader boards, time and temperatures signs and search-
lights.
C. Signs which conflict with or imitate any traffic control devices
due to color, wording, design, location or illumination, or which
interfere with the safe and efficient flow vehicular and/ or pe-
destrian traffic.
D. Animals or human beings, live or simulated, designed or used so as
to attract attention to the premises.
E. Loudspeakers, or signs which emit sound, odor, or visible matter
other than menu boards.
F. Signs with mechanical movement.
G. Roof signs.
H. Projecting signs.
I. Permanent pole signs.
J. Changeable copy signs, except theatre marquees, civic organiza-
tion/institutional signs and attraction boards, as specified under
the provisions of this code.
K. Banners, non-governmental flags, kites, pennants, balloons, or
other such advertising devices or displays.
L. Signs which constitute a nuisance or hazard due to such factors as
location, intensity of light or reflectivity.
M. Signs which no longer identify a bona fide business conducted on
the premises. Such signs shall be removed by the owner of the
business or property within sixty (60) days of the business' clos-
ing date.
N. Vehicle signs, trailer signs, signs affixed to automobiles,
trucks, trailers, or other vehicles parked on any property within
the City for the principal purpose of advertising or display. It
is a prima faci violation of this section if the advertising me-
dium utilized on the vehicle is a sign, device, or structure sepa-
rate from the vehicle, or if the copy is readily changeable, and
if the device or structure exceeds nine (9) square feet in area
and the vehicle is parked on the street or on the business pre-
mises to which the advertising relates or in reasonable proximity
thereto and the location of the advertising is reasonably calcu-
lated to direct an observer towards the business. It shall be
considered that advertising was the principal purpose of the par-
king of the vehicle, notwithstanding the fact that the vehicle is
driven to and from the business premises on a daily basis.
O. Signs on any public property or projecting within the public
right-of-way, except with an encroachment permit or as otherwise
specified in this section.
P. Price signs, except as required by law as in the case of fuel
sales, or as part of menu and attraction boards.
Q. Any other sign or advertising device, not expressly permitted by
this division.
R. Any sign continuously outlined with individual light bulbs or
string of lights, except as otherwise provided by this section.
S. Portable signs, unless approved as Temporary Special Event Signs.
K
acs
Diamond Bar
Chamber of Commerce
June 13, 1991
Mr. Jim DeStefano
Director of Planning
City of Diamond Har
21660 E. Copley Drive, Suite 100
Diamond Har, California 91765
Dear Jim:
As you know, the Diamond Har Chamber of Commerce has taken great
interest in the development of the impending sign ordinance. While
recognizing the need for regulation, it is imperative that the
business community be given proper latitude to conduct business in
an efficient and un -hindered manner.
With this in mind, the Chamber's Economic Development Committee
has evaluated the currently proposed sign ordinance and queried
our members. The overwhelming response is that the proposed
ordinance is too restrictive.
Next, the Committee polled the management companies and/or
landlords for each shopping center to determine if they have their
own sign policies and what restrictions each required. They were
also asked if they would take the responsibility to act on behalf
of their tenants in negotiating the sign requirements for the
entire center.
The Committee's research has identified the following areas for
rectification:
Wall Signs Maximum height: 24".
Maximum width: 80% of lineal frontage.
Monument Signs Maximum height: 101.
Maximum facia area on each side: the greater
of 48 square feet or a percentage of the total
square feet of leasable space of the center.
1081 Grand Avenue 0 Diamond Bar, California 91765 • (714) 861-2121
Chamber of Commerce
Economic Development Committee
Report to Jim DeStefano
June 13, 1991
Permits Agents of each center negotiate with the City
Planning Department to determine the sign
policy for the entire center. Each tenant then
receives an "over-the-counter" approval for his
individually conforming sign.
The City of Diamond Bar has an excellent opportunity to create a
harmonious relationship between the businesses and the City.
Encouragement and cooperation will entice businesses to move to our
City and assure maximized future revenues for the City.
Thank you for your attention to these matters.
Sincerely,
OA V"
Robert Velker
City Liaison/Chamber of Commerce
cc
Eileen Davis
Fred Scalzo
K
RESOLUTION NO. 91-6
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR REPEALING
SECTIONS OF THE LOS ANGELES COUNTY CODE AS
ADOPTED BY THE CITY OF DIAMOND BAR WHICH
ESTABLISH ONSITE ADVERTISING STANDARDS AND
ADOPT PROPOSED ORDINANCE NO. AS THE
ONSITE ADVERTISING STANDARDS OF THE CITY OF
DIAMOND BAR.
A. Recitals.
(i) The City of Diamond Bar has determined that the
existing development standards applicable to onsite advertising
in the City of Diamond Bar fail to provide standards suitable and
appropriate for the City. The existing standards allow for the
development and placement of onsite advertising displays of which
the number, configuration, height, duration and other
characteristics contribute to deleterious conditions within the
City.
(ii) The City Council has charged the Planning
Commission with development of onsite advertising standards which
constitute and establish for the City advertising standards which
satisfy the aspirations aAd expectations of Diamond Bar.
(iii) The Planning Commission has extensively reviewed
advertising standards both at study sessions and at public
hearings. The Commission has duly considered public testimony
presented at the hearings, as well as technical analysis and
options provided by City staff.
1
(iv) The Planning Commission, after due consideration
of public testimony, staff analysis and the Commission's
deliberations has determined that the onsite advertising
standards incorporated by reference into this Resolution satisfy
and exemplify the goals and needs of the community. Due
consideration to the commercial advertising needs of business, as
well as the aesthetic factors which establish the image of the
City of Diamond Bar have been balanced so as to provide maximum
benefit and minimum detriment to the community.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
BE IT RESOLVED by the Planning Commission of the City
of Diamond Bar as follows:
1. In all respects as set forth in paragraph A,
Recitals, as set forth hereinabove.
2. The Planning Commission hereby recommends that the
City Council adopt as the onsite advertising display standards
for the City of Diamond Bir the proposed Ordinance attached
hereto as Exhibit "A" and incorporated herein by reference. Such
Ordinance deletes the existing onsite advertising standards as
set forth in the Los Angeles County Code as adopted by the City
of Diamond Bar and adopts new standards for such advertisements.
3. The Planning Commission hereby finds and
determines that the project identified above in this Resolution
can be seen with certainty to not create any possible significant
2
effects on the environment and pursuant to the California
Environmental Quality Act and its related guidelines that this
recommendation is exempt pursuant to Section 15061(b)(3) of Title
14 of the California Code of Regulations.
4. The Secretary of the Planning Commission is hereby
directed to certify to the adoption of this Resolution and is
further directed to promptly submit the onsite advertising
standards to the City Council for their review and consideration.
PASSED, ADOPTED AND APPROVED this 11th of March, 1991.
/s/ David Schey
Chairman
I, JAMES DESTEFANO, Secretary to the Planning
Commission of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond
Bar held on the 11th day of March, 1991, by the following vote:
AYES: COMMISSIONERS: Schey, Harmony, MacBride,
Grothe
NOES: POMMISSIONERS:
ABSENT: COMMISSIONERS: Lin
ABSTAINED: COMMISSIONERS:
ATTEST: /s/ James DeStefano
Secretary to the
Planning Commission
N11011 MS0231DS 1.4A 3
------------------------------------------------------------
------------------------------------------------------------
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: May 2, 1991 MEETING DATE: May 7, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Plan
SUBJECT: Proposed Sign Ordinance
INTRODUCTION:
Sign regulations have been a component of municipalities for many years. Signs
are regulated in order to protect the public health, safety, and welfare. An
unregulated sign can be a fire hazard, dangerous in high winds, and a traffic
hazard. The appearance of a sign can impact aesthetics and property values. An
important component of the appearance of any City is that of signs. It is equal-
ly important that signage be permitted in order to identify a business, product
or service.
Signs serve a purpose. They provide direction and needed information. As a
planned architectural feature, a sign can be colorful, decorative and distinc-
tive. Without control, signs can proliferate and downgrade a community.
The ordinance under consideration reflects a modest sign program for the commu-
nity. Sign use and placement has been reduced from the Los Angeles County Code.
Low, modest -sized signs are encouraged as more effective than large and tall
signs emblazoned with copy. The number of signs has been pared to enhance
buildings, identify its use and avoid inharmonious conflicts.
Narrative is continued on next page.
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number
Deficit: $
Revenue Source:
REVIEWED BY:
Robert L. vVWn Nort
City Manager
Andrew V. Arczynski
City Attorney
errence L. *Manag
Assistant Ci
AGENDA NO.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: May 2, 1991 w MEETING DATE: May 7, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: James DeStefano, Director of Plan,&
SUBJECT: Proposed Sign Ordinance
INTRODUCTION:
Sign regulations have been a component of municipalities for many years. Signs
are regulated in order to protect the public health, safety, and welfare. An
unregulated sign can be a fire hazard, dangerous in high winds, and a traffic
hazard. The appearance of a sign can impact aesthetics and property values. An
important component of the appearance of any City is that of signs. It is equal-
ly important that signage be permitted in order to identify a business, product
or service.
Signs serve a purpose. They provide direction and needed information. As a
planned architectural feature, a sign can be colorful, decorative and distinc-
tive. Without control, signs can proliferate and downgrade a community.
The ordinance under consideration reflects a modest sign program for the commu-
nity. Sign use and placement has been reduced from the Los Angeles County Code.
Low, modest -sized signs are encouraged as more effective than large and tall
signs emblazoned with copy. The number of signs has been pared to enhance
buildings, identify its use and avoid inharmonious conflicts.
Narrative is continued on next page.
FISCAL IMPACT:
Amount Requested $
Budgeted Amount $
In Account Number
Deficit: $
Revenue Source:
REVIEWED BY:
Robert L. an Nort
City Manager
Andrew V. Arczynski
City Attorney
h4v� i,
errence L. BeiManag
r
Assistant City
COUNCIL AGENDA ITEM
Nay 7, 1991
Page Two
The Planning Commission has carefully crafted the attached ordinance for your
consideration. The Commission conducted numerous public hearings in developing
the ordinance. The Commission studied existing signs within the community and
reviewed the regulations of several cities. The Commission listened carefully
to input provided by the Chamber of Commerce, business owners, merchants, and
citizens throughout the process.
BACKGROUND:
The City Council has been concerned with the lack of a comprehensive sign ordi-
nance designed specifically for the community. In order to assist the Council,
the Chamber of Commerce conducted a survey of its membership and prepared spe-
cific guidelines for consideration. The results of the Chamber's effort was
presented to the Council in September, 1989 (Exhibit "A").
The City Planning Commission undertook a comprehensive sign study in early 1990.
The planning staff conducted a survey of several city sign ordinances in May and
June of 1990. Cities included within the survey were Brea, Buena Park, Clare-
mont, Mission Viejo, Montclair, Palm Desert, San Dimas, Santa Barbara, Thousand
Oaks, Upland, Walnut and West Hollywood. The staff presented a Preliminary
Draft of an ordinance to the Commission in late June, 1990 (Exhibits "B" and
"C"). The Commission reviewed and commented on the preliminary draft ordinance
during the months of July and August. In September, the Commission received a
new draft for review (Exhibit "D"). The draft was prepared, based upon comments
received previously. At this point in time, the Commission focused on the
"groups" of signage, (i.e. exempt, basic, planned and prohibited). An analysis
of the Chamber's proposal (Exhibit "A") and the draft was provided in October.
(Please refer to Exhibit "E").
Over the next few months the Commission and general public commented on several
aspects of the ordinance. In response to the comments numerous changes were
made in the areas of sign size and height, political signs, sign amortization,
non -conforming signs, temporary signs, church and civic organization signage,
and freeway oriented signage.
Sign Ordinance Components:
The draft ordinance contains a variety of provisions beginning with the purpose
and intent. The purpose and intent (Section 100) sets forth the overall tone
and legal basis for the regulations to:
1. Encourage modest signage with due regard for the needs of the business com-
munity.
2. Encourage signs which are harmonious with existing signage.
3. Assure an appropriate level of review for signage proposals.
4. Bring existing signs into compliance with the provisions of the Sign Ordi-
nance.
The administrative process and general provisions are outlined within Sections
102 through 104. This section describes who shall administer and enforce the
ordinance, permits required, applications for permits, fees, and general provi-
sions related to type, location, encroachments, etc.
COUNCIL AGENDA ITEM
May 7, 1991
Page Three
Section 106 provides definitions of the types of signs and related terminology.
Basic signs are described in Section 106 and include those signs which the Plan-
ning Director may approve such as temporary signage and wall signs.
Although several zoning classifications exist within the community, only two
general signage classifications are proposed, i.e. commercial (including indus-
trial) and residential.
Planned signs (Section 108) are those requiring Planning Commission review and
approval. Examples of Planned Signs include wall signs for multi -use buildings
and freestanding signs. Exempt signs include governmental signs and informa-
tional signage clearly ancillary to the principal sign (Section 110). Abatement
of non -conforming signs is addressed in Section 112. The content and format of
sign regulations varies from City to City. Standards for the location/place-
ment, area/bulk, height, illumination, abatement, etc. vary and all involve a
variety of alternatives.
It is important to note that there is no "perfect" sign ordinance. Diamond Bar
should construct a sign ordinance, with a level of standards appropriately de-
veloped, to maintain or achieve our desired City image.
As you are aware, an Interim Ordinance No. 9 (1990) is currently in effect, reg-
ulating the height of freestanding signs to a maximum of six (6) feet. Staff
anticipates the need to extend the interim ordinance beyond its scheduled July
termination and, therefore, will be recommending an extension in June.
RECOMMENDATION:
Staff recommends that the Council review the materials, open the public hearing,
accept testimony, provide direction as appropriate to staff and continue the
hearing. The Planning Commission recommends approval of the attached ordinance.
JDS:pjs
Attachments:
Exhibit
"A"
- Chamber of Commerce Survey
Exhibit
"B"
- Planning Commission Minutes of Meeting held June 25, 1990
Exhibit
"C"
- Preliminary Draft, dated July 2, 1990
Exhibit
"D"
- Planning Commission Agenda Report, dated September 6, 1990
Exhibit
"E"
- Planning Commission Agenda Report, dated October 8, 1990
Exhibit
"F"
- Los Angeles County Sign Regulation
Exhibit
"G"
- Overview of Draft Sign Ordinance
Draft Sign
Ordinance, dated March 22, 1991
Planning
Commission Resolution
tF-Xf4 (F,,Irt' 'A
Diamond Bar
Chamber of Commerce
September 14, 1989
Hon. Phyllis Papen, Mayor
Council Members
City of Diamond Bar
21660 B. Copley Drive, Suite 330
Diamond Bar, California 91765
Re: Sign Ordinance Membership Survey
Dear Ms. Papen and Council Members:
The Diamond Bar Chamber of Commerce has conducted a survey of its membership
and other interested parties in orderto assist the Diamond Bar City Council
in the. drafting of sign ordinance guidelines for the City of Diamond Bar.
In addition to the survey, two noticed meetings were held.
In cresting the survey, conducting the meetings and drafting this document
the sign ordinances of seven (7) other entities (including Los Angeles County
and the cities of San Dimas, Pomona, Alhambra, Irvine and Brea) and the sign
criteria for several real property leasing and management companies were
utilized as reference material.
For purposes of discussion the Chamber's survey and hearing were divided
into two main categories (Temporary and Permanent) with several subcategories
each.
TRMPORARY SIGNS -- On Site
a) Banners and Portable Signs -- (grand opening, 1/2 off, Sunday Brunch,
etc.) --.permitted upon application -- one per tenant lease space.
Banners -- (including flags, pennants, streamers) -- upon application
-- a maximum of four (4) periods per calendar year, each period to be
no longer than thirty (30) days, a maximum of one hundred twenty (120)
days per year. Size of banners (ie. 1 square foot of signage per linear
foot of frontage), freestanding pad tenants to be allowed a maximum of
two frontages. Numbers of flags and pennants should also be regulated.
Portable Signs -- upon application -- Time limitations as stated above.
Size limitation of 36 square feet.
b) Leasing/Coming Soon -- (Commercial Buildings) -- One sign per street
frontage, maximum of two per building if freestanding, regulate size
1081 Grand Avenue 18 Diamond Bar, Califomia 91765 a (714) 861-2121
and colors, with no time limitations so long as a portion of the space
remains unrented.
C) Rooftop Signs -- Advertising Balloon -- permitted upon application --
duration limited to a total of 60 days per year. No other temporary
signs would be permitted above the roof line.
d) Window Signs -- (Retail Tenants) -- limit to no more than thirty five
percent (35%) of window area.
e) Real Estate Signs -- (1) For Sale or Rent -- one sign per lot or parcel
-- not to exceed six square feet in size. (2) Subdivision or
Development -- size and number of on-site signs should be based upon
size of development (ie. one (1) two hundred square foot sign per each
ten acres).
f) Special consideration should be given to signs of a temporary nature
belonging to charitable or edugational groups.
TEMPORARY SIGNS -- Off Site
a) No off site banners would be permitted.
b) No off site leasing signs would be permitted.
C) Signs directing persons to garage sales and residential open houses may
be permitted provided that they are removed within 48 hours (these signs
should therefor contain the dates and times of the advertised activity
as well as the property address). Standards may be established for
garage sale signs to require uniformity in size and appearance.
Reasonable use of open house flags, streamers, pennants, etc. may also
be permitted.
d) Placement -- No sign, poster or advertisement shall be pasted, fastened,
painted, marked or in any manner affixed to or on any curb, street,
sidewalk, street sign post, traffic sign, telephone, telegraph or
electric light pole, or any tree or shrub in any street, park, public
street, alley, parkway or sidewalk. All permitted signs should be so
located as to assure that sight distance shall not be impaired for
pedestrian and vehicular traffic and that traffic control devices shall
not be obstructed.
e) Political Signs -- may be permitted within public property subject to
the issuance of a permit and provided that the persons desiring to erect
such sign post a cash bond in order to guarantee the removal of each
such sign within five (5) days following the election to which it
relates. Such signs should not be permitted for longer than thirty (30)
days prior to the election (or as required by law).
PERMANENT SIGNS
Submission of sign programs should be required of each commercial center
2
showing locations, square footage, color pallet, material specifications,
attachment details, addressing, suite identification and circulation signing
to ensure a well designed and pleasing appearance while at the same time
providing latitude for variety and design. All signs should relate to the
architectural style of the main buildings on the site.
a) Prohibited signs -- no moving, blinking (other than time and temperature
signs), flashing, sound making, animated or projecting signs should be
permitted.
b) Monument signs -- (1) Project ID (free standing, low silhouette) --
one sign per street frontage for identification of project entry. No
individual tenant may be identified on this sign and the lettering area
may not exceed 24 square feet. (2) Tenant ID -- Freestanding pad
tenants or major tenants (determined by minimum square foot
requirements) to be allowed a monument sign provided they do not have
a wall sign parallel to the street (minimum 125 foot separation). - A
maximum of two major tenant panels may be included on such sign plus
center identification. (3) Height -- determindd by project size -- 1
to 3 acres - 5 feet, 3 to 5 acres - 7 feet, 5+ acres - 9 feet.
C) Directory Signs -- projects without a major tenant and larger than 3
acres may have a center identification signs with a maximum of six (6)
tenant panels. Total sign area should be limited to 24 square feet.
Signs should be no more than 6 feet in height and should also
incorporate the project identification and street address.
d) Pylon Signs -- A pylon sign should be allowed provided: (1) that the
property is a freeway oriented commercial project; or (2) the center
consists of at least 3-5 acres. Pylon signs should not exceed 20 feet
in height with a minimum setback of 5 feet. Height may be increased l
foot for each additional foot of setback up to a maximum of 25 feet.
However, due to special circumstances based on visibility, the height
of a free-standing sign for integrated freeway oriented properties or
properties of at least 3-5 acres may be increased to no more than 50
feet. One pylon sign per lot or combination of lots should be
permitted.
The total lettering area of pylon signs (not inclusive of support
structure should not exceed fifty (50) square feet.
All pylon poles should be covered with material and colors consistent
with the project and to a minimum of 25% of sign width. All pylons
should be located in landscaped setback areas of at least equal size to
the sign area.
e) Sign Copy -- The name of the use or business should be the dominant
message of the sign. Telephone numbers, lists of products, pictures
and other messages should not be allowed. For purposes of public safety
the predominant language characters in the sign should identify the
tenants use or business and should be Greco-Roman.
3 --
COGS
CANDIDATES'
OUTDOOR
GRAPHIC
SERVICE
11343 STEWART ST.
EL MONTE, CA 91731
(818) 350-1006
FAX k: (818) 350-1427
NORTHERN CALIFORNIA
(415) 592-1567
To The Honorable City Council
Diamond Bar, California
March 30th, 1990
Heartfelt congratulations to you as we join the family of California
municipalities.
Without, we hope, presuming, we would like to submit the attached draft of an
ordinance to regulate the display of political signs in our new city. Drawing
from our broad experience with such ordinances throughout California and the
West since 1964, we feel that this draft ordinance will serve all compelling
municipal interests, will strictly meet any and all scouting as to
Constitutionality, and will, at once, enhance our citizen's access to and
participation in the political process.
While we cannot claim to be entirely disinterested, we none the less feel that
historically the display of political signs is a vital part of that process. They
were used by Tom Paine, Sam Adams and James Otis to oppose the tyranny of
King George III before our country was born. They've been used in every election
since Thomas Jefferson's in 1800. The Smithsonian devotes an entire gallery to
this uniquely American art form.
We hope the enclosed draft will prove useful. If we can be of further
assistance, please call us.
Sincerely,
Greg Hum el, (V.P.)
PROPOSED DRAFT POLITICAL SIGN ORDINANCE for DIAMOND
BAR
1 Signs on private property shall be placed only with the owner's or tenant's
consent.
2 No political sign shall be placed so as to obscure any traffic sign, signal,
or traffic control device; or to interfere with lines of sight at any
intersection; or to create any hazard to vehicular or pedestrian traffic; or
to damage public property in any manner.
2 The maximum size of a political sign on private property shall be 32
square feet per face and on public property shall be 5 square feet per face.
4 All political signs shall be removed no later than 10 days after the
election to which they pertain provided that candidates successful in a
primary election may leave their signs posted until 10 days after the
general or runoff election.
5, Any political sign not posted in conformity with the provisions of this
ordinance may be removed by the city 7 days after notification of the
candidate or sponsor that the sign(s) are non -conforming, except that a
sign posing imminent peril to persons or property may be removed
summarily by the city.
6- Signs removed shall be stored in the city corporation yard for retrieval by
their owner and if not retrieved may be disposed of after the election.
7 No person shall remove, destroy, relocate, or otherwise disturb any
political sign without the permission of the party who erected the sign.
Nothing in this section shall prohibit the owner of a piece of property, or
his or her authorized representative, from removing a sign from his or her
property when the political sign has been erected without his or her
consent.
CITY OF DIAMOND BAR
MINUTES OF CITY PLANNING COMMISSION
JUNE 25. 1990
The Planning Commission of the City of Diamond Bar convened in a
regular session at 7:00 p.m. in the Walnut Valley School District
Board Meeting Room, 880 South Lemon Street, Walnut, California.
PRESENT: 4 COMMISSIONERS: Grothe, Lin, MacBride, and Vice
Chairman Harmony
ABSENT: 1 COMMISSIONERS: Chairman Schey
ALSO PRESENT: Bill Curley, City Attorney
Ron Kranzer, City Engineer
Jack Istik, Assistant City Engineer
Dennis Tarango, Acting Planning Director
Robert Searcy. Assistant Planning Director
Dawn Anderson, Planning Technician
Larry Weissman, Associate Planner
Chairman Schey a ked the Commissio to consider th Minutes of ay
14, 1991 and June 11 , 199P�.
Vice airman Harmo y inquired as to the vote taken for 88-555 o
the Jun 11, 1990 Mi utes. He asked f there was ano her category
other t an abstentio for Commissio er MacBride si ce he was
excluded from the vote Mr. Curley in icated that abs ention was
the prope place to lis Commissioner M cBride's name.
Motion was made by Co rhissioner MacB ide and Seco ded by
ommissioner Lin to app ove the minut s. MOTION ARRIED
u animously.
MATTERS FROM TH PUBLIC:
There ere none.
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Mr. Curley stated that the motion should include the waiver
of any ti a lines tha may be in effect. State Law mandates
that wi in certain ime frames discretionary actions have
be a ed upon r they are dee ed approved. M st
juri fictions, r ther than run th risk of automatic Ily
app oving a pr — t by no action will choose to de the
ap IIcation. owever, if the appl cant waives this ti line,
t en the Com ission will not ru this risk.
Mr. BurtoX agreed to the wai)/er of the time line
Mot/ect.
was made by /Dunanimously.
ssioner Grothe an seconded y
Comoner MacBridentinue the pro jec subject to he
Oake Permit, waithe time lines applied to his
proMOTION CARR
2. Preliminary Draft Sign Ordinance, per Planning Commission's
direction, staff has provided the Commission with copies of
surrounding cities' sign ordinances (i.e. Mission Viejo, Brea,
San Dimas, Torrance, Santa Barbara), also, the Planning staff
has provided a preliminary draft ordinance for the Planning
Commission's review and comments. The submitted draft
ordinance reflects the most conservative components of those
ordinances that were analyzed.
Staff has notified the DBIA of this meeting and also the
Hacienda, Rowland Heights and Diamond Bar Board of Realtors.
There is a letter before the Commission regarding the meeting
of May 24, 1990 and their recommendations. Staff has also
provided the Commission with the existing code and a copy of
Ordinance 99.1990 wl'Ich establishes an interim zoning
moratorium in regards to any sign larger than six (6') feet
and exceeds the current five (5') square foot maximum signage
area.
Mr. Weissman introduced the proposed sign ordinance.
7
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
1. Roof Signs. He stated that, for wall signs, the current code
uses a formula that exists without a maximum square footage
restriction placed upon it. Staff is proposing a 100 foot
requirement for wall signs per each use. There is also a
formula which a I I ows one ( 1 ) square foot of signage per one
(1) lineal foot of frontage. The property would be allowed
whichever is more restrictive. There is also a minimum of
twenty-five (25) square feet of signage for applicants who
might have less than twenty-five (25') feet of frontage as
part of this regulation. In the non-commercial zones, four
(4) square fleet of non-commercial signage is allowed and this
is carried throughout the proposed sign ordinance. This
allows flexibility for people putting up non-commercial
signage at home. Staff is proposing a one (1) square foot
maximum on building identification signs. Open house signs
would fall under the section addressing temporary real estate
signs and political signs would fall under the section
addressing temporary signs.
Commissioner MacBride stated that he was very much in favor
of the Mission Viejo sign regulations and asked to receive a
copy of the entire ordinance.
Secretary Tarango stated that 85 to 90 percent of the proposed
sign ordinance was taken from Mission Viejo's sign ordinance.
Vice Chairman Harmony asked the City Attorney to comment on
the foreign language provision. In this particular ordinance
it provides for equal lettering to be distributed in english
for any foreign characters or foreign languages.
Mr. Curley stated that Ithe language of this ordinance closely
resembles the language in another ordinance that conclusively
lost in federal court. He stated that the City Attorney will
work with staff to discuss the limitations that are available
if that is the Commission's direction. However, this model,
where a given sign area is split Into equal halves, violates
a significant number of constitutional provisions and rights
of association, First Amendment Rights. This has proven to
fail in court.
Vice Chairman Harmony asked Mr. Weissman to explain the
planned sign concept.
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25. 1990
Mr. Weissman stated that the ordinance leaves room as to how
that planned sign program is implemented. There are
directions that are mentioned in the proposed ordinance in
terms of what the priorities are in approving a planned sign
program. There are five (5) criteria that the Community
Development Director or Planning Commission, whoever will be
approving the sign program, would be looking for. Consistency
in terms of color, building materials, illumination,
lettering, shape and size are some of these. Staff's opinion
is that the sign program gives them flexibility, within
reason, to ensure that the City has consistent and compatible
signage. The developer initiates the sign program, not the
Planning Commission. If someone wanted to propose a pole
sign, the only way they could do so would be to apply for a
sign permit and a sign program.
2. Freestanding Signs. The maximum height of freestanding signs
in any zone would be six (6') feet. Pole signs are
prohibited, monument signs would be the only freestanding sign
that would be allowed. Staff is proposing that through an
approved planned sign program, an applicant could have a six
(6') foot high pole sign in the zones which permit this. This
height limit is a result of the input from the City Council
meetings, Planning Commission meetings and surveys conducted
by the DBIA. The proposed ordinance will completely prohibit
roof signs.
The proposed ordinance prohibits projecting, moving,
mechanical, rotating, out door advertising and billboard signs
(off -premise advertising signs). Page 3 of the draft
ordinance defines whaticonstitutes a billboard.
2. Window Signs. This includes the use of the window for
advertising reasons; the advertisement of something for sale.
Staff is proposing prohibition of window areas used for
signage except in the case of on -premise real estate signs for
sale, lease or rent of the subject property. There are
provisions for temporary special sales such as liquidation
sales, holiday, etc. If the Commission desires, staff will
include in the ordinance allowance for windows to be used on
a temporary basis through a permit.
Mr. Weissman wanted to point out to the Commission that in any
sign ordinance there is provision for special sign permits and
this is basically through a variance procedure.
0
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
3. Temporary Real Estate Sians. This section states that
temporary real estate signs are allowed a maximum of sixteen
( 16 ) square feet of signage and a maximum of four (4') feet
in height for all zones. These signs will required the
applicant to obtain a temporary sign permit. These signs may
remain as long as the home or building is for sale, lease or
rent. Once the property or building is sold, the temporary
real estate sign must be taken down.
4. Building Identification Signs. This section states that
building identification signs will be allowed one (1) square
foot of signage in all zones. Building Identification signs
refers to signs containing an address and logo mounted on the
wall of a building.
5. Temporary Construction Signs. This section states that
temporary construction signs will be allowed a maximum of
sixteen ( 16 ) square feet of signage and a maximum of four (4')
feet in height and limited to one construction sign per site
in all zones.
6. Temporary Subdivision Signs. This section states that
temporary subdivision signs will be allowed a maximum of
sixteen (16) square feet per sign, 100 square feet total per
site with one (1) sign per frontage and a maximum of four (4')
fleet in height.
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Public Hearing was opened.
Greg Hummel, 1077 Overlook Ridge Road, Diamond Bar stated that he
is the Vice President of Candidates Outdoor Drafting Services.
They serve most of the City Council members in their election
campaigns as well as other Assemblymen, Stated Assemblymen and
Congressmen. He has tried to come up with a sign ordinance
regarding political signs for the City of Diamond Bar. He handed
each of the Commissioners a copy of this ordinance. He previously
submitted this ordinance to the City Council members. There are
three (3) items in staff's draft sign ordinance that he was opposed
to. Two (2) of these have been referred to as being
unconstitutional. These are items B and C on Page No. 24. Item
B. states that temporary signs must not be posted prior to 90 days
before the election and removed 10 days after the election. In his
draft ordinance he has proposed that there is not a restriction as
to when political signs may be posted prior to the election and a
10 day restriction following the election. Courts have determined
that the First Amendment Rights are a 365 day a year right and can
not be restricted. Item C states that no temporary sign may exceed
four (4') in length, four (4') feet in height or a total square
footage of sixteen (16) square feet. Similarly, courts have
decided against size limitations on political signs. In his draft
ordinance he has proposed a maximum of thirty-two (32) square feet
which is about the largest size that his company produces and is
requested by campaign candidates. This is a four (4') foot by
eight (8') foot plywood sign. Item D states that no temporary
signs may be placed upon the property of another without the
written approval of the owner or occupant of said property and the
Community Development Director. This is questionably changed under
the First Amendment in chat this is heavily burdensome to
campaigns. Hundreds of signs are sometimes distributed. In his
draft ordinance he proposes that this merely requires the verbal
consent of the resident. The Code Enforcement Officer has the
right to question the right of any sign to be located in a
particular area. He has also allowed signs in the public right-
of-way in is draft ordinance. One location that campaign
candidates like to use is the crossbars of utility poles. These
are located in the public right-of-way and are horizontally located
eight (8') feet to twenty (20) plus feet above the sidewalks.
Therefore, they are out of the way of traffic and pedestrians.
Signs in these locations do not need nails or tacks to hold them
up and as a result there are no portions of the signs left behind
after the sign is removed.
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Jack Newe, 1081 South Grand, Diamond Bar, Century 21 E N, stated
that he wanted to comment on residential real estate signs. Page
23 states a height limit of four (4) feet for a sign. He asked the
Commission to reconsider this and revise it to allow six (6') feet.
This would also be for safety reasons. It would be less dangerous
for a child to run into a pole than it would be for them to run
into a corner of a sign. A sign four (4') feet high will also be
hard to see behind bushes and trees. He stated that the proposed
ordinance allows for a sixteen (16) square foot sign. The standard
real estate sign on a residential property has a maximum square
footage of approximately six (6) square feet. Page 24 states that
all signs must be identified by organization, phone and address.
Commonly, real estate signs do not include an address. These
normally only include the name and telephone number. He asked that
the requirement of the inclusion of an address be deleted. He
asked that directional signs to open houses be allowed on the days
the individual agent is willing to stay on the premise. Page 25
eliminates any use of banners. He asked that at least 2 banners
be allowed in addition to the existing for sale sign and
directional signs.
Mr. Weissman stated that there would be one window sign and one
additional sign per property allowed for temporary real estate
signs.
Mark Logan 525 South Grand Avenue, Diamond Bar, stated that the
Chamber of Commerce worked quite hard on coming up with suggestions
for the sign ordinance. In looking at the cities which staff has
used their sign ordinances to compose the proposed sign ordinance
for Diamond Bar, he feels that the beauty of Mission Viejo is
basically hidden from anyone on the freeway. This makes it similar
to Diamond Bar. However, (going through M1ss1on Viejo, he could
identify the Holiday Inn, gas stations, many freeway available
restaurants and they are all easily identified by signs including
monument signs, some higher than six (6') feet. Some of those are
higher then six (6') feet because of the location of the real
estate. Still, the visibility is much higher than six (6') feet.
Ninety (90%) percent of Diamond Bar Honda's sales are from
residents outside Diamond Bar. It is extremely important that they
attract customers outside of Diamond Bar, otherwise they would not
exist. He suggested that the Commission consider a separate sign
ordinance, with regards to a freeway -oriented business, making a
separate application necessary and proof that a business is
dependant on freeways.
12
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Mr. Logan also felt that the Commission should consider temporary
usage of balloons and banners for special events. Many of the
small businesses in Diamond Bar have gone out of business trying
to rely on Diamond Bar alone. One tenth (1/10) of the residents
made us a City, 115 people were quoted as writing letters opposing
certain signs, 50 people came here last Tuesday, condemned the Home
Occupation Ordinance and temporarily shut that down, and many
protect traffic. Many retailers and other businesses can't wait
for Grand Avenue to open at both ends. Often, the most vocal is
served, not necessarily all of the people. He stated to the
Commission that they have the opportunity to serve all the
residents. He asked the Commission to try to think of each
person's position, the location of the business and what they will
need to have their business exist when reviewing projects.
Jack VliIIiamson, 259 Gentle Springs Lane, Diamond Bar, Ramada
Su i tes. He is the Director on the Diamond Bar Chamber Board of
Directors and endorses everything PAark Logan has presented here
tonight. The Ramada Inn, being approximately seventy (70') feet
below the 60 Freeway, is difficult for travelers from out-of-town
to locate. They can not see the existing signs which are in
conformance with the current codes. They need to fill, in a years
time, 36,250 rooms. The majority of the patrons are from out-of-
town. He was in favor of a special ordinance for freeway -oriented
businesses.
Sylvia Jones, Century 21, 1081 Grand, Diamond Bar, asked that
directional signs for open houses be allowed as many signs on
street corners as needed. It was stated earlier that only five (5)
signs would be a l l owed. She a I so fie I t that i t was i mportant to
allow for signs six (6') feet high.
Vice Chairman Harmony asked staff if people located on the
sidewalks attracting the attention of cars and directing them to
a particular location would be considered as a sign. Mr. Searcy
stated that on Page 19 of the Ordinance it states that a human or
an animal used to promote some type of advertisement for a premises
is prohibited.
13
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Mark Logan, 525 South Grand Avenue, Diamond Bar, stated that the
Diamond Bar Beauty Pageant often holds a car wash at First
Interstate Bank. The girls stand on the street corner and carry
signs trying to attract people to come in to wash their cars. He
felt that this would fall under the section in the ordinance
restricting people or animals used as promotional tools. This is
a people -oriented community where children hold car washes to raise
money. _People try to do special things for special organizations
wh i ch makes the Comm i ss i on's job on I y tougher. Pair. Logan felt that
what the Commission is after is the big developers who try to use
people to consistently attract attention and abuse our area. When
the Commission makes these ordinances they need to take into
consideration the local residents, realizing that kids having car
washes will be violating the ordinance and an official could give
them a ticket.
011ie KIoehn, Realtor, 1529 BIenbury Drive, Diamond Bar, encouraged
the Commission to seek other opinions on the six (6') foot height
limit. He suggested that they might want to revise this
requirement to allow for signs seven (7') feet in height. There
are two kinds of real estate signs, the for sale sign that is
located on the property and the off -site directional sign. He
asked that they be addressed separately. He felt that the
regulation only allowing one sign per company on a street corner
was good, but there are different real estate companies. He hoped
that this would be allowed. He stated that there is a limitation
requiring temporary signs to be three (3') feet from the sidewalk.
He hoped that the temporary directional signs would be allowed to
be closer than three (3') feet from the sidewalk. Regulations
already state that they can not be placed on private property or
on medians and such so thley will have to be placed along the
sidewalk, on corners.
Mr. Istik stated that many of these real estate directional signs
are about eye level when in a car. He suggested that the placing
of signs right on the edge of the sidewalk when at an intersection
be prohibited because they could possibly block the visibility of
the traffic coming around the corner.
The Public Hearing was Closed.
MacBride expressed his appreciation to the residents who spoke this
evening, for the comments and input that they have given the
Commission pertaining to this matter.
14
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
MacBride asked for the def i n i t ion of roof signs, Page 25 Item E
Roof Signs. He asked if a structure floating above a business
would be considered a roof sign. Staff indicated that they would
consider this to be a k i te. MacBr i de was opposed to I arge f I oat i ng
structures used as signs.
Grothe stated that Diamond Bar did not resemble Mission Viejo in
any way. The Cities immediately surrounding Diamond Bar have more
similarities to Diamond Bar than Mission Viejo. Diamond Bar does
not have the population to support the businesses located in the
City. The City has to depend on surrounding cities in order for
businesses to thrive. He agreed that special signage regulations
are needed for freeway -oriented businesses. He agreed with
prohibiting billboards and other signs that protrude from
bu i I d i ngs, etc. He felt that four (4') foot high rea I estate signs
would be hard to read and difficult for the resident to move
around. He feels that some of the heights are too restrictive.
There are some balloon signs that are attractive. He feels that
Diamond Bar needs some recognition, possibly proposing a uniform
theme. He would like to see a minimum of six (6") inch numbers on
all commercial buildings.
Commissioner Lin stated the Diamond Bar is basically a highway
based community. She is in favor of a separate ordinance for
freeway -oriented businesses; a possible highway corridor overlay.
She asked since, due to Diamond Bars topography, would a variance
be the means of submitting a sign that exceeded the current codes?
Secretary Tarango indicated that this would be the correct
procedure.
Grothe stated that, with aIvariance application including a line
of site analysis, he would not be objectionable to approving a
higher sign for the Ramada Inn due to its current conditions.
Commissioner Lin stated that there is a possibility of a medial
center locating in Diamond Bar. If there is not a professional
building built, then they will locate their businesses in the small
commercial centers. They normally install signs indicating their
business hours. These signs seldom have permits taken out. She
felt that the Commission needed to be aware of this possibility.
Secretary Tarango stated that there is a section in the ordinance
that refers to times and limitations on Page 8 and 9.
15
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Grothe asked if this ordinance is adopted, what will happen to
existing window signs?
Mr. Vie issman stated that if the signs were placed legally they
would become nonconforming signs. They could not be added to or
changed except if they were brought into conformance. Businesses
will be allowed to maintain any signs that are currently up at the
time this ordinance becomes effective. Signs that were not
permitted will be required to be taken down.
Secretary Tarango stated that by the current code, if the window
signs are over 25 percent of the window they are not allowed.
Mr. Searcy stated that the Burden of Proof is to prove that the
applicant of a sign has approval through the County or the City
prior to the adoption of any draft or revision to the ordinance.
Vice Chairman Harmony stated that he would rather see the sign
standards developed City-wide instead of approving a special
ordinance for freeway -oriented businesses. tviost of the City has
freeway frontage. He agreed that the height of real estate signs
should be seven (7') feet in height. He felt that there should be
fines if political signs are not cleaned up after the elections.
They should also contain names, addresses and telephone numbers on
the back of them. He felt that they should be kept out of the
center medians. He disagreed with the ordinance where it stated
that the candidate had to receive written authorization from the
property owner before allowing a sign to be placed on their
property. He hesitated to regLilate garage saIa signs except to
prohibit them from being placed upon city owned property such as
traffic light poles. He hesitated also to regulate foreign
language signs except to require that they include the street
address. He is opposed to large balloons. He felt that under a
permitted situation, small balloons would be acceptable.
Secretary Tarango suggested that one way of regulating special
temporary signs is to place a time limit on them.
Commissioner Grothe felt that temporary construction signs should
be allowed to have one per street frontage instead of one per site.
Secretary Tarango suggested to the Commission that they continue
the public hearing or reconvene at a study session.
16
DIAMOND BAR PLANNING COMMISSION
MINUTES OF JUNE 25, 1990
Commissioner MacBride recommended that they adjourn to a special
meeting, call it an advance meeting, and meet Saturday and Sunday
9:00 a.m. to 5:00 p.m., at the Days Hotel. He suggested that they
propose this to the City Council requesting them to provide the
necessary funds. He also suggested that they make this meeting
open to the public.
Motion was made by Commissioner MacBride and seconded by
Commissioner Grothe to appoint the Planning Commission Secretary
to place before the City Counc i I a request that they fund a meeting
of staff and Planning Commission to be held as soon as possible on.
a Saturday and Sunday at the Days Hotel for the purpose of
advancing on the problem of constructing an appropriate sign
ordinance for the City.
Vice Chairman Harmony stated that he felt that this meeting should
be used as an educational meeting so that the Commissioners leave
this conference with a firm understanding of the definitions of the
ordinance instead of a final draft of the ordinance. The final
draft should come after having several public hearings and
receiving public comments. He also felt that the City Council
should provide them with a van so that they could tour the City.
Commissioner Grothe suggested that they might invite the City
Council to join them at this meeting so that they will have an idea
as to the progress and the work that the Commission is putting into
this sign ordinance.
Vice Chairman called for a vote on the motion made.
AYES: 4 Commissioners
NAYES: 0 i
ABSTAINED: 0
Secretary Tarango stated that at the next meeting on July 9th,
staff will provide the Commission with additional information to
continue the processing of the sign ordinance.
h,9otion was made by Commissioner MacBride and seconded by Vice
Chairman Harmony to adjourn this public hearing and continue it to
the next regular meeting of the Planning Commission to be held on,
July 9, 1990.
17
Divisions:
Division 1.
Division 2.
Division 3.
Sections:
>>�
DRAFT -dune -24;-4999
July 2, 1998
SIGNS
General Provisions
Commercial Signs
Noncommercial Signs
Division 1 - General Provisions
10 Purpose
20 Definitions
30 Authority to enforce.
40--------+nventery-e#-+++ega+-and-absndened-a+gns-
58--------Aba#en�ent-e#-+++ege+-end-ebandened-a+gRs-
60 Malntenanc-e requirements.
70--------Fere+gn-+engnege-a+gn'-
80 Nonconforming signs.
90 Appeal
10 Purpose
The purpose of this chapter is to establish guidelines and
standards for the uniform regulation of signs and sign structures
so as to assure adequate identification of businesses and other
activities, as well as to maintain or improve the quality of the
visual environment within the City of Diamond Bar. The procedures
and regulations of this chapter are enacted to:
{a) Insure that signs erected within the City are compatible
with their surroundings and are in keeping with the goals
and objectives of the General Plan of the City;
(b) Aid in the identification of properties, land uses and
businesses;
(c) Promote commerce, traffic safety and community identity
- while also promoting and enhancing the quality of the
visual environment of the city;
(d) Protect and enhance property values;
(e) Lessen the objectional effects of competition in the
placement and size of signs;
(f) Reduce hazards to motorists and pedestrians;
(g) Avoid visual clutter/pollution; and
(h) Provide procedures and standards to control the location,
size, type, number. and all other matters pertaining to
signs within the City.
20 Definitions
(a) Activity: A business establishment with direct access
to a parking lot or public right-of-way and under
separate management from any other business establishment
within the same building.
(b) Abandoned sign: Any sign which was lawfully erected. but
whose use has ceased, or whose structure has been
abandoned by the owner thereof, for a period of ninety
(90) or more consecutive days.
(o) Advertising device: Any balloon, flag, pennant, banner,
propeller, oscillating, rotating, pulsating or stationary
light or other contrivance (except lawfully permitted
signs) use to attract attention—
(d) Advertising display: Any device, contrivance, statue or
structure (other than a sign) used as a display,
regardless of size and shape, for the purpose of
attracting attention.
(e) Alteration: Any change of copy, sign face, color, size,
shape, illumination. position. location, construction or
supporting structure of any sign.
(f) Area of a Sion: The entire area within the single
continuous perimeter of not more than eight (8) straight
lines enclosing the extreme limits of writing,
representation, emblem or any figure of similar
character, together with any material or color forming
any integral part of the display or used to differentiate
such from the background against which it is placed,
provided that in the case of a sign designed with more
than one exterior surface, the are shall be computed as
including only the maximum single display surface which
is visible from any ground position at one time.
The supports, uprights or structure on which any sign is
supported shall not be included in determining the sign
area unless such supports, uprights or structure are
designed in such a manner as to form an integral
background of the display.
2
(g) Attached Sion: Any sign which is permanently affixed to
a building, including wall signs.
(h) Banner sion: Any sign hung either with or without
frames, possessing written communication applied to non-
rigid paper, plastic, non -rigid material or fabric of any
kind, and capable of being viewed from any public right-
of-way, parking area, or neighboring property.
(i) Billboard or outdoor advertisina structure: A structure
of any kind or character erected or maintained for the
purpose of advertising a business, activity, service or
product not sold or produced on the premises upon which
said structure is placed.
(j) Building frontage: The lineal extent of a building or
activity which has frontage bn either a public right-
of-way or parking area. The length of the building
facing the public right -of -way or parking lot shall be
used to determine the amount of signage permitted.
(k) Business Identification Sian: A sign which serves to
identify only the name, logo, and/or address of the
premises, business, building or portion of building upon
which it is located and includes no other advertising,
such as product lists, phone numbers or hours of
operation.
(I) Business Sian: A sign displaying information pertaining
to goods or services offered or produced by the business
located on the property but not including advertising
devices/displays. Business signs may include the
identifying name of a business and may include
directional or convenience signs. The content of
business signs shall be limited to the identification of
one of the following: (1) the business name of the user;
(2) the name or names of the owner(s) of the business;
or (3) a description of the activity of the business.
Signs shall not be allowed to advertise the products sold
or prepared or the individual services performed on the
premises unless the products or services are an integral
part of the identifying name of the business.
(m) Canopy sign: Any sign attached to the underside of a
projecting canopy protruding over a private or public
sidewalk or right-of-way.
(n) Changeable copy Sion: Any sign designed and intended to
have an easIIy and readily changeable copy, such as an
attraction board.
(o) Channel letters: Individual letters or figures,
3
illuminated or unilluminated, affixed to a building or
freestanding sign structure.
(p) Civil activity signs: A bulletin board customarily
Incident to places or worship, libraries. museums, and
other similar public and private institutions.
(q) Commercial Center: Any site containing two (2) or more
commercial activities.
(r) Commercial Sian: A sign intended to design, promote, or
draw attention to a commercial activity.
(s) Community identification sign: A ground, pole or wall
sign within the boundaries of a development or
subdivision containing only the name and (if desired)
identifying symbol of the community, residential
development or subdivision.
(t) Construction sign: A sign which states the name of the
future site occupant and/or the name. address and/or
phone numbers of related construction, architectural, and
financial firms.
(u) Directional convenience sign: A sign necessary for
public convenience or safety which is designed to be
viewed from on-site or adjacent to the site by
pedestrians or motorists.
(v) Director: The Director of Community Development for the
City of Diamond Bar or his or her duly authorized
representative.
(w) Electronic message board sign: A sign with a fixed or
changing display composed of a series of lights, but not
including time and temperature displays.
(x) FIaa: An advertising device, but not including national
flags or flags of political subdivisions.
(y) Flashing or animated sign: A sign intermittently
reflecting light, or which has any illumination which is
not maintained in constant intensity, color or pattern,
including electronic reader boards, except time and
temperature displays.
(z) Freestanding sign: Any sign permanently or temporarily
attached to the ground and which does not have a building
as its primary structural support.
(aa) Generic copy: A commonly used word, term or phrase
generally describing a class or group or businesses or
4
services, such as "barber shop," "hardware," "attorney
at law," "clinic," etc.
(ab) Ground level: The highest elevation of the existing
ground surface under a sign.
(ac) Government Offices and Quasi Official Signs: A sign
displaying information pertaining to services offered by
City, County. State or other official governmental or
quasi -official government agencies.
(ad) Height of a sign: The vertical distance measured from
average ground level along the base of the sign
structure, excluding any berming. to the highest point
of the structure.
(ae) Identification sion: A sign limited to the identifying
name, symbol or insignia, or any combination thereof, of
a building, use, or person occupying the premises on
which the sign is located.
(af) Illegal Sian: A sign constructed or erected without
compliance with all applicable laws and/or regulations.
(ag) Illuminated Sian: A sign which has characters, letters.
figures. designs or outline backlighted or internally
illuminated by electric lights or luminous tubes as a
part of the sign proper.
(ah) Joao: A name, symbol, or trademark of a company,
business, or organization.
(ai) Maior tenant: A tenant of a commercial center with a
gross lease space equal to or greater than 25,000 square
feet. Examples of major tenants are super markets,
combined drug variety/garden stores, and hardware/home
improvement centers.
(aj) Minor tenant: A tenant of a commercial center with a
gross lease space less than 25,000 square feet.
(ak) Monument signs A low profile freestanding sign which may
be internally or externally illuminated, erected with its
base on the ground and which is designed to incorporate
design and building materials which complement the
architectural theme of the buildings on the premises.
A monument sign shall not exceed four (4) feet in height
from finished grade, including the base and ten ( 10) feet
in width unless approved differently in a planned sign
program. The base of a monument sign shall not be
counted as sign area.
C
(al) Nameplate sign: An attached sign which designates the
name and/or address of a business or organization, and/or
the words "entrance" or "exit."
(am) Noncommercial sign: A sign intended or designed to
promote or draw attention to the noncommercial interests,
beliefs or concerns of any person or persons.
(an) Nonconforming sign: A sign which complied with all
applicable regulations at the time it was installed, but
which is now in conflict with the provisions of this
chapter.
(aa) Open house sign: A sign which identifies a building for
sale or lease which is open and available for inspection.
(ap) Outdoor advertising sign: A sign, or the sign structure
on which it is to be placed, the purpose of which is to
advertise products or services that are not produced,
stored, or sold on the property upon which the sign or
structure is located, but not including travel direction
or bus/bench shelter signs.
(aq) Pole Sion: A freestanding sign directly supported by a
pate or poles with air space between the grade level and
the sign face.
(ar) Portable sign: A sign not securely attached or fixed to
the ground or to a permanent structure; or upon a vehicle
or trailer used as a stationary advertising display, the
primary purpose of which is to serve as a base, platform,
or support for the sign, or to which the sign is
otherwise affixed or attached.
(as) Price sign: A sign limited to the name or identification
of items or products for sale on the premises, and the
price of said items or products.
(at) Proiectina sign: A sign which projects more than twelve
(12) inches from the wall of a building and which has its
display surface perpendicular to such wall.
(au) Real estate sign: A temporary sign indicating that the
premises on which the sign is located is for sale, lease
or rent.
(av) Roof sign: An attached sign constructed upon or over a
roof, or placed so as to extend above the visible
roofiine; or a freestanding sign which is greater in
height than the building it serves to identify.
(aw) Sian: Any device used for visual communication or
6
attraction, including any announcement, declaration,
demonstration, display, IIIustratIon, Ins1gnIa. or symbol
used to advertise or promote the interests of any person.
together with ail parts, materials. frame and background
thereof.
"Sign" and "advertising device" shall not include the
following for purposes of this chapter:
(1) Official notices issued by any court or public body
or officer;
(2) Notices posted by any public officer in performance
of a public duty or by any person in giving any
legal notice;
(3) Intra -community directional signs. warning or
informational signs or structures required or
authorized by Federal. State. County. or City
authority; and
(4 ) The f I ag of the State of Ca I i Torn i a or of the Un i ted
States of Amer i ca or any off i c i a I f I ag of any other
state, county, country or community.
(ax)
Sian copy: Any word, letter. number, figure.
design, or
other symbolic representation incorporated
Into or
depicted upon a sign.
(ay)
Sian face: The surface, or that portion of a
sign that
is visible from a single point as a flat surface or a
place, and considered as such, together with
the frame
and the background.
(az)
Sign structure: Any structure which supports
any sign.
(ay)
Site: One or more parcels of land identified
by the
assessor's records where an integrated
building
development has been approved or proposed.
The site
shall include all parcels of land contained within
or a
part of the development application. An
integrated
building development shall include all parcels
served by
common access ways, driveways, parking and landscaping.
(ba)
Site (street) frontage: The length of a lot
or parcel
of land along or fronting on a street.
(bb) Subdivision directional sign: A sign providing direction
to a residential land development project.
(bc) Temporary sion: Any sign displayed for a limited period
7
of time and capable of being viewed from any pub i(c
right-of-way, parking area, or neighboring property.
(bd) Trespassina sion: A sign which contains the following
copy only "No trespassing."
(be) Wall clan: Any sign which is attached or erected on the
exterior wall of a building including the parapet, with
the display surface of the sign parallel to the building
wall. and which does not project more than twelve (12)
inches from the building. or project above the apparent
roof or the height of the wall or parapet.
(bf) Window sign: Any sign posted, placed or affixed in or
on any window visible from an public right-of-way,
parking lot, or neighboring property.
30 Authority to enforce
The Community Development Director of the City of Diamond Bar is
hereby authorized and directed to enforce all provisions of the
chapter.
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60 Maintenance Reguirements
All signs permitted pursuant to this division shall be maintained
in good repair and functioning properly, to the satisfaction of the
Director of Community Development, and free from ail defects,
including, but not limited to, cracking, spa IIIng, rusting, and
peeling. Signs not so maintained shall be deemed a public
nuisance, and may be abated pursuant to this code.
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80 Nonconforming Signs
A nonconforming sign is any permanent or temporary sign which was
legally established and maintained in conformance with the
provisions of all applicable laws in effect at the time of original.
installation but which does not comply with the provisions of the
division. The provisions of the section shall apply to all
nonconforming signs. In addition to the provisions of the Code,
a nonconforming sign shall not be:
(a) Changed to another nonconforming sign or replaced by the
same nonconforming sign;
(b) Structurally or electrically expanded or altered unless
such alteration is designed to and does bring the sign
into f u l l conformance with a i l current provisions of this
division;
(c) Relocated to another site on the same property or any
other property;
(d) Reestablished after discontinuance of use for ninety (90)
days or more; or
(e) Reestablished after damage or destruction of more than
fifty percent (50%) of the value or structure of the sing
prior to said damage or destruction.
ti
90 Appeal
(a) Appeal of any decision made by the Director of Community
Development may be made to the Planning Commission by
filing a written notice of appeal with the Secretary of
the Planning Commission within seven (7) to fifteen (15)
days of the date of the resolution of the City Council.
(b) Appeal of any decision of the Planning Commission may be
made to the City Council pursuant to Section of the Los
Angeles County Zoning Code adopted by reference by the
City of Ordinance (77)
10
Division 2 - Commercial Signs
Sections:
110
Permit required
120
Permit application requirements
130
Permanent signs
140
Temporary signs
150
Exempt signs
160
Prohibited signs
170
Planned sign program
180
Special sign permit
110 Permit Required
A sign permit shall be required prior to the placement, movement,
erection, reconstruction, alteration or new display of any
commercial sign unless expressly exempt by this division. All
signs, except where expressly exempt, shall conform to the current
Uniform Building and Electrical Codes as adopted by the City of
Diamond Bar.
The approval of a planned sign program shall be required prior to
application for sign permit for the following requests:
(a) A request for a new freestanding sign, a change in
character or number of wall signs or the replacement of
any sign i n any existing development for which a site
plan has been approved.
(b) A request for any signs for new commercial, industrial,
business park, shopping center, or any other new
development for which an approved site plan approval is
required.
(c) A request for any freestanding sign, except where
expressly exempt.
(d) A request for any community identification sign.
(e) A request for any automobile service station sign.
(f) A request for exposed neon tubing signs, raceways,
canopies or lit fascia panels with or without copy.
(g) A request for a logo or special graphic depicting a
pictorial representation of thought or idea.
(h) (A request for any sign copy in a language other than
English.)
11
(I ) A request for a sign which does not conform to all
specific regulations of this division.
120 Permit application requirements
A complete sign permit application and planned sign program
application shall include fully dimensional plans drawn to scale.
Application packages shall be submitted on 8 1/2 x 11 inch paper.
and shall include:
(a) A letter from the property owner and property management
or homeowners association approving the permit and/or
planned sign program and authorizing the applicant, if
not the owner, to submit the sign application on behalf
of the owner.
(b) Sign elevations indicating overall square footage and
letter/figure dimensions, letter style, color pallet or
chips (indicate standard color chip number), materials
and proposed copy.
(c) Building elevations with height --dimensions, depicting
accurately dimensioned signs.
(d) The method of attachment for wall signs, and a foundation
plan, sign support and method of attachment for
freestanding signs.
(e) The type and method of illumination (Interior/exterior}.
intensity in lumens and watts, and electrical
installation and Insulation devices, where applicable.
(f) A site plan showing the footprint of all buildings. The
site plan shall include a vicinity map and the location
of adjacent streets and shall indicate the location of
all proposed signs, as well as existing signs on the site
and their dimensions and square footages.
(g) Photographs and/or elevation drawings shall be submitted
of all elevations of building upon which proposed signs
will be installed.
(h) A refundable cash bond, deposit or equivalent acceptable
to the Director of Finance in an amount established by
resolution of the City Council, to insure that
construction is completed according to approved plans.
Final inspection approval shall include installed
landscaping where required.
(i) A method or procedure which guarantees the continued
12
maintenance of the sign or signs and removal of such sign
or signs upon expiration or revocation of the sign
permit.
(j) Planned sign program applications shall also include a
written set of design standards approved by the property
owner and property management or homeowner association.
(k) Freestanding sign applications shall include landscaping
p I ans and arch I tectura I cr I ter i a. as we 11 as traff i s I i ne
of sight triangulation approved by the City Traffic
Engineer to assure safe view of drivers and pedestrians.
130 Permanent Signs
Permanent signs may be permitted pursuant to the permit procedures
set forth in this division and shall be governed by the standards
enumerated for each category of sign. In addition to such
standards, consideration shall be given to building setbacks,
landscaping, visibility of the sign on the site. and the proposed
sign's relationship to the overall appearance of the property and
to the surrounding neighborhood. Compatible design, simplicity
and sign effectiveness shall also be used -as guidelines for sign
approval.
(a) Business Wall Signs All wall signs may be permitted with
a planned sign program in commercial, office, industrial,
and business park land use categories except where
expressly prohibited. A planned sign program is to be
approved by the Planning Commission. A planned sign
program must be approved prior to the
installation/replacement of any business wall sign. Wall
signs shall be subject to the following:
(1) Wall signs shall not exceed one (1) square foot of
sign area for each i i near foot of building frontage
or portion thereof. Total aggregate sign area for
such signs shall not exceed one -hundred square feet
for each business use. If the building frontage of
any such use is less than twenty-five (25) square
feet, only one sign, having a maximum area of
twenty-five (25) square fleet, shall be permitted.
(2) Sign copy shall be limited to the business name,
logo or generic description of the activity, service
or business, unless the trade name, product or
service is an integral part of the fictitious name
of the business or service.
(3) All multistory office or mixed use buildings shall
have only one identification sign per bui'Iding
13
unless approved differently in a planned sign
program.
(4) Channel letters only shall be permitted unless
approved differently in a planned sign program.
Channel letters for minor tenants shalt not be more
than 18 Inches in height.
(b) Business Freestandina Monument Identification Signs
Business freestanding monument identification signs may
be permitted in commercial. office, industrial, and
business park land use categories except where expressly
prohibited. Freestanding monument signs shall be subject
to the following:
(1> Freestanding monument signs shall not exceed six (6)
square feet in height, ten ( 10) feet in width and
thirty-six (36) square feet in area, unless approved
differently in a planned sign program.
(2) One (1) identification freestanding monument sign
may be permitted for each site with a street
frontage In excess of ninety-nine (99) feet. Where
a site abuts more than .one street, one (1)
additional identification freestanding monument sign
may be permitted on each additional street frontage
that is in excess of ninety-nine (99) feet in
length. In no case shall there be more than one (1)
sign on each street frontage for each site.
(3) Sign copy shall be limited to one (1) business,
center, anchor or major tenant name.
(4) Each freestanding monument sign shall contain the
street address of the premises, in letters and
numbers not less than 4 inches nor more than 6
inches high unless approved differently in a planned
sign program.
(5) No freestanding monument sign shall be pi aced or
located closer than five (5) feet to the ultimate
right-of-way.
(c) Automobile Service Station Sian Automobile service
station signs may be permitted in service station
designated areas. Automobile service station signs shall
be subject to the following:
(1) One (1) freestanding monument identification sign
not to exceed six (6) feet in height and thirty-
six (36) feet in area, may be located along each
street frontage abutting the site.
14
(2) Permanently affixed price signs shall be constructed
with and integrated in the monument sign.
(3) Freestanding monument signs shall be located no
closer than one -hundred (100) feet from the point
of intersection of abutting streets.
(4) Wall signs may be permitted but shall be limited to
the major service station name only. If canopy
facia signs are used, no wail signs shaft be
permitted on the building.
(5) The total area of all freestanding, wall and price
signs shall not exceed an aggregate of one -hundred
(100) square feet in area on the premise..
(6) No freestanding monument sign shall be place or
located closer than five (5) feet to the ultimate
right-of-way.
140 Temporary Signs
Temporary signs my be permitted pursuant to the permit procedures
set forth in this division. Temporary signs shall not be located
within any public right-of-way nor in any which may constitute a
safety hazard.
Prior to issuance of a temporary sign permit, the applicant or
person responsible shall file a cash bond in an amount determined
per the schedule established by resolution of the City Council.
All temporary signs shall display the name, address and phone
number of the person responsible for the sign on the rear lower
right hand corner of the sign. If the sign is not removed and the
site restored upon expiration of the permit, the cash bond shall
be forfeited to the City of Diamond Bar for the purpose of covering
the cost of removal of the sign.
(a) Commercial Real Estate Signs Temporary signs advertising
the sale, lease or rental of non-residential property
upon which the sign is located may be permitted for new
construction pursuant to the permit procedure of this
division, subject to the following:
(1) Such signs shall be unlighted and non -illuminated;
(2) Such signs shall be four (4) feet, by flour (4) feet,
or a total of sixteen (16) square feet; and
(3) The total aggregate sign area for all such signs
shall not exceed sixteen (16) square feet for each
15
building site.
(4) Commercial real estate sign permits shall expire one
(1) year from the date of issuance.
(5) Construction signs shall consist of forest green
lettering on a white background, with a minimum one
half (1/2) inch forest green border.
(b) Construction Sians One temporary sign denoting the
architect. engineer and/or general contractor placed in
the premises where construction, repair or renovation +s
prepesed-er-+�-+n-pregreaa has been applied for, may be
permitted pursuant to the permit procedures of this
division subject to the following:
(1) Such signs shall be unlighted and non -illuminated;
(2) Such signs shall be *our-f4+-*eet-by-#ear-f4+-feet
six (6) sq. feet and four (4) feet in height in
agricultural and residential zones and (16) sixteen
sq. ft. by four (4) feet in height in commercial and
industrial zones.
(3) Only one 6 months construction sign shall be
permitted per site.
(4) Construction sign permits shall expire one (1) year
from the date of issuance or on the date that the
first certificate of occupancy is issued for the
project for which the permit was acquired, whichever
occurs first.
(5) Construction signs shall consist of forest green
lettering on a white background, with a minimum one
half (1/2) inch forest green border.
(c) Subdivision Sales and Model Home Directional Signs
Subdivision sales and model home directional signs on
site and off site in connection with the first sale of
lots or units may be permitted subject to the following;
(1) Such signs shall contain only the name of the
development, the developer and directional
information;
(2) Such signs shall be unlighted and non -illuminated;
(3) Such signs shall not exceed a vertical height of
flour (4) feet, a horizontal length of four (4) feet,
or a total of sixteen (16) square feet;
16
(4) The total aggregate sign area for such signs shall
not exceed one -hundred (100) square feet for each
subdivision.
(5) Subdivision sales and model home directional sign
permits shall expire six (6) months from the date
of issuance with a maximum six (6) months extention
with approval of the Director of Community
Development.
(d) Grand Opening or Liquidation Sale Signs Grand opening
or liquidation sale signs on site in connection with the
opening of a business, major remodeling under an active
building permit, new owner of a business, or closure of
a business may be permitted with approval of the Director
of Community Development subject to the following:
(1) Such signs shall be limited to one time per new
business or outgoing business;
(2) Such signs shall be permitted for an initial period
of up to thirty (30) days. The Community
Development Director may allow one extension of no
more than thirty (30) days;_
(3 ) Such s i gns sha I I not exceed a tota I area of f i fteen
(15) square feet;
(4) Copy shall be limited to "going out of business
sale" or "liquidation sale" or "grand opening" only.
(e) Special Event Signs A sign advertising or pertaining to
any civic, patriotic or special event of general public
interest taking place within the boundaries of the City,
when it is determined that the same will not be
detrimental to the public welfare, interest or safety,
or injurious to adjacent property or improvement. The
text, design, and location shall be approved by the
Community Development Director.
(1) Such signs shall not exceed a total area of fifteen
(15) square feet.
(2) Special event sign permits shall expire thirty (30)
days from the date of issuance or three (3) days
after the special event;
(3) Such signs shall be unlighted and non -illuminated.
17
150 Exempt Signs
The following signs are exempt from the sign permit requirements
set forth in this division:
(a) On premise real estate signs, including window signs,
advertising the sale. lease or rent of the property shall
be permitted subject to the following:
( 1 > S i gns sha I I not exceed fetor -(-43 s ix (6) square feet
In area, and a height of fetir-4.44 eight (S) feet,
including the post.
(2) Signs shall be removed immediately at close of
escrow, lease or rent.
(3) No flags shall be displayed.
(4) A rider of no more than one (1) foot by one half
(1/2) foot may be attached to the top of the sign.
(5) Signs shall be placed so that they do not obscure
fire hydrants, traffic signs or traffic signals,
block motorists' line of sight, or otherwise inhibit
or interfere with vehicular.or pedestrian traffic.
(6) No part of any sign shall be within three (3) feet
of the sidewalk, or six (6) feet of the curb,
whichever is greater.
(7) Only one window sign per lease space or one ground
sign per lot or building site.
(b) Nameplate signs not exceeding ane -4-14 four (4) square
feet in area shall be permitted in locations approved by
the Director of Community Development, in commercial and
industrial zones.
(o) One ( 1 ) sign. no more than one ( 1 ) foot by one ( 1 ) foot,
listing the hours during which the premises are open. and
emergency numbers, may be displayed in the window of each
business establishment.
(d) Signs located within the interior of buildings or the
interior of malls, when such signs are incapable of being
viewed from the outside of said building or mall.
1s
160 Prohibited Sions
Unless expressly permitted elsewhere in this chapter, the following
signs are prohibited:
(a) Any off premises or outdoor advertising sign placed for
the purpose of advertising a business not on the property
upon which the sign is placed.
(b) Flashing, moving, pulsating. or intermittently lighted
signs, electronic reader boards, time and temperatures
signs and searchlights.
(c) Signs which conflict with or imitate any traffic control
devices due to color. wording, design, location or
illumination, or which interfere with the safe and
efficient flow vehicular and/or pedestrian traffic.
(d) Animals or human beings, live or simulated, designed or
used so as to attract attention to the premises.
(e) Loudspeakers, or signs which emit sound, odor, or visible
matter other than menu boards.
(f) Signs with mechanical movement.
(g) Roof signs.
(h) Projecting signs.
(i) Pole signs, unless approved by a sign program.
(j) Signs on the rear of buildings unless approved by a sign
program.
(k) Changeable copy signs, including electronic reader
boards, except theatre marquees specifically approved by
the Director of Community Development.
(1) Banners, flags, kites, pennants, balloons, or other such
advertising devices or displays.
(m) Signs which constitute a nuisance or hazard due to their
intensity of light.
(n) Signs which no longer identify a bona fide business
conducted on the premises. Such signs shall be removed
by the owner of the sign within sixty (60) days of the
business' closing date.
(o) Vehicle signs, trailer signs. signs affixed to
automobiles, trucks, trailers. or other vehicles parked
on any property within t he City for the principal purpose
of advertising or display. It is a prima facia violation
of this section if the advertising medium utilized on the
vehicle is a sign, device. or structure separate from the
vehicle, or if the copy is readily changeable. including
but not limited to. repainting such sign. device or
structure exceeds nine (9) square feet in area and the
vehicle is parked on the street or on the business
premises to which the advertising relates or in
reasonable proximity thereto and the location of the
advertising is reasonably calculated to direct an
observer towards the business. It shall be considered
that advertising was the principal purpose of the parking
of the vehicle, notwithstanding the fact that the vehicle
is driven to and from the business premises on a daily
basis.
(p) Exposed neon conduit or tubing, interior or exterior neon
window signs or lighting displays inside or outside the
building so as to be visible from streets. parking areas
or site boundaries, unless approved by a sign program.
(q) Signs on any public property or projecting within the
public right-of-way.
(r) Window signs, except as e�cpres9+y--p-e�nri-tct-r--ttts
d+v+a+an approved within planned sign program, or as
required by law.
(s) Price signs, except as required by law and approved by
the Community Development Director.
+t+--Garage-sa-l-e--r,"4ars,-peat ere-o-t4rei-stiz+h-a+1n9
er-d+op+aqs-
(u) Any other sign not expressly permitted by this division.
(v) Any sign continuously outlined with individual light
bulbs or string of lights.
170 Planned Sian Program
The purpose of the planned sign program is to encourage coordinated
and quality sign design as well as permit more flexible sign
standards for commercial, office, industrial. and business park
centers. The provisions of the division shall be used as a guide
in the design of a planned sign program which complies with or
exceeds the minimum standard of this division. The property owner
20
shall designate a person or firm as the primary liaison with the
City for the purpose of submitting sign permit requests in
conformance with the approved planned sign program. The Director
of Community Development shall review and approve each planned sign
program subject to the following requirements:
(a) Signs shall reflect a common theme, incorporating similar
design elements in terms of materials, letter style,
colors, illumination, sign type and sign shape.
(b) Signs shall utilize material, colors, and a design motif
which is compatible with the architecture of the
buildings.
(c) Signs shall be consistent with surrounding developments
In terms of design, materials and colors.
(d) Signs shall not be approved which exceed the permitted
square footage set forth in this chapter.
(e) For developments with existing signs, a schedule or
phasing plan for bringing such signs into conformance
with the new sign program shall be submitted and become
part of the approval. A cash band may be required to
guarantee the removal of nonconforming signs.
180 Special Sign Permit
The Planning Commission may grant a special sign permit when relief
from the strict application of this division is sought. A special
sign permit may not be processed for any sign expressly prohibited
by this division. The following findings shall be made by the
Planning Commission prior to approving any special sign permit:
(a) Strict compliance with this division will result in a
substantial hardship to the applicant;
(b) The proposed sign will not adversely affect other signs
in the area;
(c) The proposed signs will not be detrimental to properties
located in the vicinity;
.(d) The proposed s I gn w I I not obscure f ire hydrants, traff i c
signs or traffic signals, block motorists' I ine of sight,
or otherwise inhibit or interfere with vehicular or
pedestrian traffic; and
(e) Approval of the proposed sign will not constitute a grant
of special privileges which are inconsistent with the
limitations placed upon other properties in the vicinity.
21
Special sign permits sha I I become effective f i fteen ( 15 ) days after
approval by the Planning Commission; however, if an appeal is
filed, a sign permit shall not become effective until the final
decision of the City Council.
Division 3 - Noncommercial Signs
Sections:
310 Permitted Signs
320 Temporary Signs
330 Prohibited Signs
310 Permitted Signs
(a) The owner or occupant of any commercial establishment may
use the signage permitted pursuant to Division 2 of this
chapter for the display of noncommercial messages.
However in no event shall the height, length, character
or total square footage of signage existing at any
commercial establishment exceed that permitted by
Division 2 hereof. In calculating the total number and
square footage of signs permitted, both commercial and
noncommercial signs shall be counted.
(b) The owner or occupant of any site dedicated to
noncommercial purposes, other than residential, may erect
the following permanent noncommercial signs:
(1) Service Sign or Bulletin Board One freestanding
monument sign shall be permitted for each building
site used for or incidental to places of worship,
non-profit service cIubs,IIbrarIes, museums, social
clubs, sponsor organizations, societies, or other
such uses. Such signs sha I I not exceed six (8) fleet
in height, eight (8) feet in horizontal length, or
a total of twenty-four (24) square feet.
(2) Community Service Club Sign Signs depicting
community non-profit service organizations shall be
permitted, subject to the following:
(a) That such signs are placed in areas authorized
by the City;
(b) That such signs are non -illuminated;
(c) That such signs do not exceed a vertical height
22
of six (6) feet, a horizontal length of eight
(8) feet, or a total of twenty-four (24) square
feet; and
(d) That individual sign panels are uniform in size
and materials, and compatible in color.
(3) Government Official or Quasi Official Sinn Signs
displaying information pertaining to services
offered by City, County. State, or other official
governmental or quasi official agencies, shall be
permitted, subject to the following:
(a) That the text, design, and location -of such
signs shall be subject to the approval of the
Community Development Director;
(b) That such signs are placed in areas authorized
by the City;
(c) That such signs do not exceed a total of
twenty-four (24) square feet.
(c) The owner or occupant of any site within the A-1. A-2,
or OS zone dedicated to residential purposes may erect
noncommercial signage on property under his or her
ownership or control subject to the following:
(1) No sign shall exceed a maximum length of four feet,
a maximum height of four feet, or a total of 16
square feet, including the post or other stand, If
any; and
(2) The total signage on any individual site shall not
exceed four (4) square feet.
(d) No person shall erect or cause to be erected any
noncommercial sign upon the property of another without
the express written approval of the property owner. A
copy of said written consent shall be filed with the
Director of Community Development within seven (7) days
of the erection of the sign. All such signs sha I I comply
with the size and square footage limitations contained
within this chapter, and shall be removed promptly upon
the request of the property owner or occupant.
(e) Signs indicating the boundaries or otherwise identifying
the C i ty of D i amond Bar sha I I be perm i tted subject to the
approval of the Director of Community Development.
(f) Community Identification Sian Community identification
signs may be permitted in residential land use categories
23
except where expressly prohibited. Such signs shall be
subject to the following:
(1) Identification signs shall not exceed a vertical
height of six (6) feet or a total area of one -
hundred (100) square feet;
(2) Such signs shad not be permitted at major arterial
intersections nor be placed so as to obscure fire
hydrants, traffic signs or traffic signals, block
motorists' line of sight, or otherwise inhibit or
interfere with vehicular or pedestrian traffic.
320 Temporary Signs
Temporary noncommercial signs shall be permitted subject to the
following:
(a) Temporary signs shall be permitted only to advertise an
upcoming noncommercial event, to promote a particular
issue, or to encourage a particular vote in a scheduled
election;
(b) Temporary signs shall not be posted more than ninety (90)
days before the event or election to which they relate,
and shall be removed within ten (10) days after said
event or election;
(c) No temporary signs shall exceed four feet in length, four
feet in height, or a total square footage of sixteen (16)
feet;
(d) No temporary signs shall be placed upon the property of
another without the express written approval of the owner
or occupant of said property and the Community
Development Director. A copy of said written consent
shall be tiled with the Director of Community Development
within seven (7) days of the placement of the sign. All
such signs shall be removed promptly upon the request of
the property owner or occupant.
(e) All temporary signs shall display the name, address and
telephone number of the person or organization
responsible for the sign on the rear lower right hand
corner of the sign. Said individual or organization
shall remove all signs posted within the time limits
prescribed by this section.
(f) Shou I d any person or organ i zat i on fa i i to remove any s i gn
for which said person or organization is responsible, the
City may remove and dispose of such sign and assess the
24
entire cost of said removal and disposal against the
responsible person or organization.
(g) No temporary sign shall be placed so as to obstruct any
fire hydrant, traffic sign or traffic signal, or
i nterfere w i th any motorists' I i ne of sight. or otherwise
impede or Interfere with vehicular or pedestrian traf f i c.
(h) No temporary sign shall be posted or otherwise affixed
in any public right-of-way, or upon any public property,
including, but not limited to any building, wall. bridge,
railroad trestle, hydrant, tree. shrub, treestake or
guard. street sign. or trafific sign, or upon any utility
pole, wire, box, or appurtenance thereof.
25
r
330 Prohibited Signs
(a) No noncommercial signshall be erected within or encroach
upon any public property or within any public right-of-
way.
(b) Flashing, moving, pulsating. or intermittently lighted
signs.
(c) Signs which conflict with or imitate any traffic control
device due to color. wording. design, location or
illumination. or which interfere with the safe and
efficient flow of vehicular and/or pedestrian traffic.
(d) Loudspeakers. or signs which emit sound, odor, or visible
matter.
(e) Roof signs.
(f) Signs with mechanical movement.
(g) Banners, flags, kites, pennants, balloons, or other such
items or displays.
c:vp581ardinanclsigns
26
F,GENDA NO.
PLANNING COMMISSION
AGENDA REPORT
DATE: September 6, 1990
MEETING DATE: August 27, 1990
TO: Honorable Chairman and Planning Commission
FROM: Irwin Kaplan, Planning Commission Secretary
BY: Larry Weissman. Associate Planner
SUBJECT: Draft Sign Ordinance
A. At its August 13. 1990 hearing, the Planning Commission reviewed several
groups of signs which have been proposed for the Draft Sign Ordinance.
Two groups of signs have been proposed which require permits. They are
a Basic Sign Program and a Planned Sign Program.
1. The Basic Sign Program offers a limited choice of signs which may
be permitted with specific restrictions. As long as the signs stay
within these limits, staff would have the authority to approve
requests.
2. The Planned Sign Program allows two types of variations from the
Basic Sign Program.
a) First, the Planned Sign Program offers additional types of
signs. the sum total of which remain within the limits of the
square footage allowed for the Basic Sign Program. For
example, some businesses may wish to use window signs which
would be prohibited under a Basic Sign Program.
b) Secondly, the Planned Sign Program offers additional signage
to compensate for special circumstances. For example,
commercial centers may require higher freestanding monument -
type signs along the property line in order to compensate for
buildings with silgns which are not readily visible from the
public right-of-way because of large street setbacks. All
signage under the Planned Sign Program would require Planning
Commission Review.
The combination of Basic and Planned Sign Programs would create the
opportunity to assure quality and consistency in signage, while
allowing the flexibility needed to meet special circumstances.
3. A group of exempt signs has also been created. These signs are
exempt from any permit requirements. Included in this group are
signs posted by government agencies for traffic control and
direction and other signs constructed on public property, as well
as several other types of signs.
4. There is an additional group of signs which are expressly
prohibited. This group includes off site signs, billboard
advertising, pole or pylon signs, rotating signs and others.
B. Before completing its review of these signs. the Commission directed
staff to review certain issues and report back at its September 10, 1990
meeting.
The Commission requested follow through on the following matters:
1. Distribution of Draft Sign Ordinance to local citizen and business
groups.
2. Comparison of the Draft Sign Ordinance to sign regulations used in
nearby jurisdictions.
3. The extent to which signs in existence would not comply with the
Draft Sign Ordinance, if adopted.
The following information summarizes staff efforts in these matters:
1. Distribution of Draft Signs Ordinance:
Staff has distributed by mail, portions of this agenda report which
delineate the sign groups included in the Draft Ordinance. A copy
of an August 15, 1990 letter from Mayor Werner to the community has
also been distributed (copy attached). These materials have been
mailed to the following groups.
American Business Women's Association
Benevolent Protective order of Elks
Country Estates Property Owner's Association
Diamond Bar Chamber of Commerce
Diamond Bar Jay Cees
Diamond Bar Improvement Association
Hacienda Heights, Walnut, Rowland Heights Board of Realtors
Junior Women's Club
Kiwanis Club
Lioness Club
Rotary Club
Wal -nut Valley Chamber of Commerce
Women's Club
Heritage Homes Association
In addition. specific individuals who have indicated interest in
the sign code has been advised of the September 10, 1990 hearing.
I
Staff has received no response to these materials as of yet.
2. Comparison of Draft Sign Ordinance with other Communities:
Staff has surveyed sign requirements in the following communities:
Brea
Claremont
Montclair
Pomona
San Dimas
Upland
Walnut
2
A chart has been prepared which displays the maximum area and
height for freestanding and wall signs in each of these
communities. The chart also shows the area and height limitations
proposed by the Draft Ordinance. In addition, prohibited signs
have been listed by community, as well as the Draft. The chart and
list are attached to this memo.
3. Existing Signs which would not Conform with the Draft Sign
Ordinance: Staff has conducted a cursory review of signage in this
category. A list of the types of signs in this group has been
prepared. The list includes an estimate of the number of signs by
type found along certain major thoroughfares. This list is
intended to provide an example of the extent to which existing
signs conform to the proposed regulations. These signs would
constitute the group of pre-existing non -conforming signs if the
Draft were adopted. The Commission may wish to establish a policy
which would allow such signs to remain intact as legally non-
conforming signs. Conversely may establish a policy which allows
the amortization of such signs so they may be removed. In addition
to these matters, this memo addresses some refinements of the
Draft. New standards for the location and lighting of signs are
included in materials attached to this memo. Also, a new
definition for attraction boards has been prepared. Such signs,
which use changeable copy to advertise restaurant, theatre or
nightclub events have been placed (for discussion purposes only)
within the Planned Sign Program. Attached are materials showing
these additions.
The Commission has several alternatives for dealing with the issue
of non -conforming signs;
a) allow all such signs to remain as legally non -conforming signs
(signs legally installed prior to the new ordinance. Signs
installed illegally would still be subject to abatement).
b) allow certain categories of signs to continue as legally non-
conforming signs (such as pole signs, subject to City Attorney
concurrence) (provided that a distinction can be made to the
satisfaction of the City Attorney.
c) establish an amortization schedule for removal of the signs.
3
4. Other Issues: In addition to these matters, this memo offers some
refinements of the Draft. New standards for the location,
construction and lighting of signs are suggested for the Basic and
Planned Sign Programs. Also, a definition for attraction boards has
been prepared. Such signs, which use changeable copy.to advertise
restaurant, theatre or nightclub events have been placed (for
discussion purposes only) within the Planned Sign Program. Attached
are materials showing these additions.
Attachments:
a. Draft Sign Ordinance Definitions
b. Sign Groups to be included in Draft Sign Ordinance, with
standards.
c. Chart comparing sign regulations of six nearby communities
with the proposed draft regulations.
d. Lists of prohibited signs in six nearby communities and as
proposed by Draft Ordinance.
e. Field survey/example of existing signs not in conformance with
Draft Ordinance.
LW:dp
c:Ivp51\stffp1anlsign-agn,1y
4
PAJ1a�.moi
SIGN D.L�'F'INI TIONS
(a) Activity: A business establishment with direct access
to a parking lot or public right-of-way and under
separate management from any other business establishment
within the same building.
(b) Advertisin¢ device: Any balloon, flag, pennant, banner,
propeller, oscillating, rotating, pulsating or stationary
light or other contrivance (except lawfully permitted
signs) used to attract attention.
(c) Advertising display: Any device, contrivance, statue or
structure (other than a sign) used as a display,
regardless of size and shape, for the purpose of
attracting attention.
(d) Alteration: Any change of copy, sign face, color, size,
shape, illumination, position, location, construction or
supporting structure of any sign.
(e) Area of a Sign: The entire area within the single
continuous perimeter of not more than eight (8) straight
lines enclosing the extreme limits of writing,
representation, emblem or any figure of similar
character, together with any material or color forming
any integral part of the display or used to differentiate
such from the background against which it is placed,
provided that in the case of a sign designed with more
than one exterior surface, the area shall be computed as
including only the maximum single display surface which
is visible from any ground position at one time.
Unless otherwise specified, the supports, uprights or
structure on which any sign is supported shall not be
included in determining the sign area unless such
supports, uprights or structure are designed in such a
manner as to form an integral background of the display.
(f) Attached Sign: Any sign which is permanently affixed to
a building, including wall signs.
(g) Attraction Board: shall mean a sign advertising only
nightclub, cabaret or theatre entertainment and so
constructed that letters and/or other advertising
material can be readily changed, including theatre
marquees.
1
(h) Banner sign: Any sign hung either with or without
frames, possessing written communication applied to non-
rigid paper, plastic, non -rigid material or fabric of any
kind. and capable of being viewed from any public right-
of-way, parking area, or neighboring property.
(i) Outdoor advertising structure: A structure of any kind
or character erected or maintained for the purpose of
advertising a business, activity, service or product not
sold or produced on the premises upon which said
structure is placed.
(j) Building frontage: The lineal extent of a building or
activity which has frontage on either a public right-
of-way or parking area. The length of the building
facing the public right-of-way or parking lot shall be
used to determine the amount of signage permitted.
(k) Business Identification Sign: A sign which serves to
identify only the name, logo, and/or address of the
premises, business, building or portion of building upon
which it is located and includes no other advertising,
such as product lists, phone numbers or hours of
operation.
(1) Business Sign: A sign displaying information pertaining
to goods or services offered or produced by the business
located on the property but not including advertising
devices/displays. Business signs may include the
identifying name of a business and may include
directional or convenience signs. The content of
business signs shall be limited to the identification of
the following: (1) the business name of the user; (2)
the name or names of the owner(s) of the business; (3)
a description of the activity of the business; or (4)
address of the premises. Signs shall not be allowed to
advertise the proOucts sold or prepared or the individual
services performed on the premises unless the products
or services are an integral part of the identifying name
of the business.
(m) Canopy sign: Any sign attached to the underside of a
projecting canopy protruding over a private or public
sidewalk or right-of-way.
(n) Changeable copy sign: Any sign designed and intended to
have an easily and readily changeable copy, such as an
attraction board.
W�
(o) Channel letters: Individual letters or figures,
illuminated or unilluminated, affixed to a building or
freestanding sign structure.
(p) Commercial Center: Any site containing two (2) or more
commercial activities.
(q) Commercial Sign: A sign intended to design, promote, or
draw attention to a commercial activity.
(r) Construction sign: A sign which states the name of the
future site occupant and/or the name, address and/or
phone numbers of related construction, architectural, and
financial firms.
(s) Incidental sign: A sign typically placed in a window
indicating type of credit card accepted, trade
affiliation, etc.
(t) Electronic message board sign: A sign with a fixed or
changing display composed of a series of lights, but not
including time and temperature displays.
(u) F. lag: An advertising device, but not including national
flags or flags of political subdivisions.
(v) Flashing or animated sign: A sign intermittently
reflecting light. or which has any illumination which is
not maintained in constant intensity, color or pattern,
including electronic reader boards, except time and
temperature displays.
(w) Freestanding sign: Any sign permanently or temporarily
attached to the ground and which does not have a building
as its primary structural support.
(x) Grand opening: I An on premise sign advertising the
opening of a new business.
(y) Ground level: Ground elevation at thenearest building
or right-of-way, whichever is closer.
(z) Government Offices and Quasi Official Signs: A sign
displaying information pertaining to services offered by
City, County, State or other official governmental or
quasi -official government agencies.
(aa) Height of a sign: The vertical distance measured from
ground level along the base of the sign structure, to the
highest point of the structure.
WA
(ab) Illuminated Sign: A sign which has characters, letters,
figures, designs or outline backlighted or internally
illuminated by electric lights or luminous tubes as a
part of the sign proper.
(ac) Liquidation sign: An on premise sign advertising a one
time only clearance, liquidation or going out of business
sale.
(ad) Logo: A name, symbol, or trademark of a company.
business, or organization.
(ae) Menu Board: A sign wall mounted or freestanding
displaying prepared food items for sale on premise.
(af) Monument sign: A low profile freestanding sign which may
be internally or externally illuminated, erected with its
base on the ground and which is designed to incorporate
design and building materials which complement the
architectural theme of the buildings on the premises.
The base of a monument sign shall not be counted as sign
area.
(ag) Nameplate sign: Sign attached to a building which
designates the name and/or address of a business or
organization.
(ah) Noncommercial sign: A sign intended or designed to
promote or draw attention to the noncommercial interests,
beliefs or concerns of any person or persons.
(ai) Nonconforming sign: A sign which complied with all
applicable regulations at the time it was installed, but
which is now in conflict with the provisions of this
chapter.
(aj) Outdoor advertising sign: A sign. including billboards,
or the sign structure on which it is to be placed, the
purpose of which is to advertise products or services
that are not produced, stored, or sold on the property
upon which the sign or structure is located, but not
including travel direction or bus/bench shelter signs in
public rights of way.
(ak) Portable sign: A sign not securely attached or fixed to
the ground or to a permanent structure; or upon a vehicle
or trailer used as a stationary advertising display, the
primary purpose of which is to serve as a base, platform,
or support for the sign, or to which the sign is
otherwise affixed or attached.
G!
(al) Price sign: A sign limited to the name or identification
of items or products for sale on the premises, and the
price of said items or products.
(am) Projecting sign: A sign which projects more than twelve
(12) inches from the wall of a building and which has its
display surface not parallel to such wall.
(an) Real estate sign: A temporary sign indicating that the
premises on which the sign is located is for sale, lease
or rent.
(ao) Roof sign: An attached sign constructed upon or over a
roof, or placed so as to extend above the visible
roof line; or a freestanding sign which is greater in
height than the building it serves to identify.
(ap) Sign: Any device used for visual communication or
attraction, including any announcement, declaration,
demonstration, display, illustration, insignia, or symbol
used to advertise or promote the interests of any person,
together with all parts, materials, frame and background
thereof.
"Sign" and "advertising device" shall not include the
following for purposes of this chapter:
(1) Official notices issued by any court or public body
or officer;
(2) Notices posted by any public officer in performance
of a public duty or by any person in giving any
legal notice;
(3) Intra -community traffic directional signs, warning
or informational signs or structures required or
authorized by Federal, State, County, or City
authority; and
(4) Displays of prices or other messages not less than
24 inches behind building windows.
(aq) Sign copy: Any word, letter. number, figure, design, or
other symbolic representation incorporated into or
depicted upon a sign.
(ar) Sign face: The surface, or that portion of a sign that
is visible from a single point as a flat surface or a
place, and considered as such. together with the frame
and the background.
.5
(as) Sign structure: Any structure which supports any sign.
(at) Site: One or more parcels of land identified by the
assessor's records where an integrated building
development has been approved or proposed. The site
shall include all parcels of land contained within or a
part of the development application. An integrated
building development shall include all parcels served by
common access ways, driveways, parking and landscaping.
(au) Site (street) frontage: The length of a lot or parcel
of land along or fronting on a street.
( a v ) Subdivision / Model home sign: A s g w h i ch
identifies a subdivision for sale, and which is located
on the property being advertised.
(aw) Temporary sign: Any sign displayed for a limited period
of time and capable of being viewed from any public
right-of-way, parking area, or neighboring property.
(ax) No Trespassing sign: A sign which contains the following
copy only "No trespassing."
(ay) Wall sign: Any sign which is attached or erected on the
exterior wall of a building including the parapet, with
the display surface of the sign parallel to the building
wall, and which does not project more than twelve (12)
inches from the building, or project above the apparent
roof or the height of the wall or parapet, including
cabinet signs.
(az) Window sign: Any sign posted, placed or affixed in or
on any window visible from a public right-of-way, parking
lot, or neighboring property.
c:lvp5@\signdef,ly
This attachment describes the four groups of signs which have been
proposed for inclusion in the Draft Sign Ordinance. These groups
are as follows:
A. Basic Sign Program
B. Planned Sign Program
C. Signs Exempt from Permit Requirements
D. Signs Expressly Prohibited
The remainder of this attachment describes these groups and their
restrictions.
A. Basic Sign Program/Planned Sign Program
General Regulations:
1. No freestanding sign shall be located less than 25 feet
from an adjoining property line, except that a sign may
be located no less than 10 feet from the ultimate right-
of-way.
2. Signs shall be constructed of fire resistant material.
Where glass or plastic are used, these materials shall
be shatter -resistant.
1
I. BASIC SIGN PROGRAM. The following signs may be approved by
staff. No illuminated sign may be approved in a basic sign
program.
A. Permanent:
1. Wall signs for individual activities.
Area: 1 sq. ft. per 1 lineal foot frontage, to
a maximum 100 sq. ft. per use.
Number: 1 per outer wall
Location: Exterior of a building with the display
surface of the sign parallel to the
building wall, and not projecting more
than 12 inches from the building or
project above the apparent roof or the
height of the wall or parapet.
Special Conditions:
No permit shall be issued for a wall sign
in a multi -use building or commercial
center in which more than one sign is
proposed without Planning Commission
review and approval.
B. Temporary:
1. Commercial Real Estate Sign
Area: 16 sq. ft.
Configuration: Wall or Freestanding
Number: 1 Per site
Freestanding Height: 4 feet
Special Conditions: Permit valid for 1 year after
permit issuance, may be
renewed.
2. Construction Sign
Area: 1 16 sq. ft.
Configuration: Wall or Freestanding
Number: 1 per site
Freestanding Height: Permit for sign issued after
construction permit is issued;
sign must be removed upon
issuance of occupancy permit.
3. Subdivision/Model Home Sales Signs
Area: 16 sq. ft.
Configuration: Wall of Freestanding
Number: 1 per entrance
Freestanding Height: 4 feet
Special Conditions: Permit valid for 6 months,
renewable.
Pa
4. Grand Opening Sign
Area:
Configuration:
Number:
Special Conditions:
5. Liquidation Sale Sign
Area:
Configuration:
Number:
Special Conditions:
6. Political Signs
Area:
Configuration:
Number:
Freestanding Height:
3
16 sq. ft.
Wall or window
2
Permit valid for 30 days
16 sq. ft.
Wall or window
2
16 sq. ft.
Wall or freestanding
Unlimited
4 feet
II. PLANNED SIGN PROGRAM. The following signs must be approved
by the Planning Commission.
A. Freestanding Monument.
Area: 24 sq. ft.
Number: 1 per frontage in excess of 99 feet
for structures less than 4 stories.
1 per frontage for structures 4
stories or greater
Height: 4 feet
B. Window Signs.
Area: 25 percent of window area
C. Wall Signs for multi -use buildings or commercial centers
Area: 1 sq. ft. per 1 lineal foot.
Frontage to a maximum of 100 sq. ft.
per use.
Number: 1 per outer wall
Location: Same as Basic Sign Program
Special Conditions: Sign on rear wall may be in excess
of 100 sq. ft. maximum per use if
necessary to maintain consistency of
sign letters with other approved
signs.
D. Commercial Center Freestanding Monument.
Area: 72 sq. ft.
Height: 6 feet
Number: 1 sign per entrance, with
consideration given to smaller
freestanding monument at other
entrances.
Special Conditions: Shall not be counted toward maximum
sign area otherwise permitted.
l
E. Government flags over 12 sq. ft, in area or 6 ft. in
height.
Area: Determined by Planning Commission
Height: 35 feet
Number: Determined by Planning Commission
F. Nameplate Signs.
Area: 36 sq. ft.
Height: Must be mounted higher than 35 feet
G. No planned sign program shall be approved which allows
any combination of signs which exceed an overall
combination of signs to exceed an overall site maximum
of 100 square feet, except in the case of Commercial
Center Freestanding Monument signs.
4
H. Sign illumination shall be approved subject to the
following conditions:
1. No lighting shall interfere with traffic or
regulatory lighting in color or intensity, nor
create confusion for motorists or pedestrians in
travel.
2. The intensity of lighting and the hours of operation
shall be restricted for sign lighting directed to
or reflecting upon residential properties.
3. Lighting shall be consistent with existing
commercial and/or residential lighting in the
vicinity.
01
III. EXEMPT SIGNS.
No permit required
OFFICIAL GOVT. TRAFFIC AND DIRECTIONAL SIGNS
OFFICIAL CITY ENTRANCE MONUMENT SIGNS LOCATED AT CITY LIMITS
MONUMENT ENTRANCE SIGNS ON CITY PARK GROUNDS OR AT CITY
FACILITIES.
Such signs shall be submitted for ARchitectural review (no
recommendation) by Planning Commission prior to sign
installation.
ON PREMISE REAL ESTATE SIGNS: 6 square feet, 8 feet in height
(if freestanding) measured from
highest point of grade. 1 window
sign allowed per lease space 1
ground sign per lot or building
site. Removed upon sale, lease
or rent of property.
Note: Signs located within the interior of buildings or
the interior of malls, when such signs are incapable
of being viewed from the outside of said building
or mall.
NAMEPLATE/ADDRESS SIGN: 4 square feet.
(uay be used to display nage or logo or property ovner and aay utilize illuaination no
greater than 25 vatts,)
HOURS OF OPERATION: 1 square foot.
INCIDENTAL SIGN: 1 square foot.
SECURITY PROTECTION: t 1 square foot, 1 foot height.
FLAGS: Not to exceed two in number each representing a
governmental body or unit for each street level
business and for each residence. No flag to exceed
12 square feet. Flag poles may not exceed 6 feet
from grade level.
NO TRESPASSING SIGN: 1 square foot, 2 feet height.
0
CONSTRUCTION BARRICADE SIGN: 1 square foot.
To be placed on the gateway through a construction barricade
content limited to name and phone number of persons to be
contacted in an emergency.
WARNING OR INFORMATION SIGNS
AS REQUIRED BY FEDERAL STATE
OR CITY REGULATIONS: Not to exceed 4 square feet. 4
feet in height.
Locational Standard: No freestanding sign shall be located on any
property nearer to a lot line other than one adjoining a street or
highway. than a distance equal to 25 feet. Freestanding signs
shall not be located less than 10 feet from ultimate right-of-way.
7
IV. PROHIBITED SIGNS.
Unless expressly permitted elsewhere in this chapter, the
following signs are prohibited:
A. Any off premises or outdoor advertising sign or billboard
placed on private property for the purpose of advertising
a business not on the property upon which the sign is
placed.
B. Flashing,moving, pulsating, or intermittently lighted
signs, electronic reader boards, time and temperatures
signs and searchlights.
C. Signs which conflict with or imitate any traffic control
devices due to color, wording, design, location or
illumination, or which interfere with the safe and
efficient flow vehicular and/or pedestrian traffic.
D. Animals or human beings, live or simulated, designed or
used so as to attract attention to the premises.
E. Loudspeakers, or signs which emit sound, odor, or visible
matter other than menu boards.
F. Signs with mechanical movement.
G. Roof signs.
H. Projecting signs.
I. Permanent pole signs. (See "T" below).
J. Changeable copy signs, including electronic reader
boards, except theatre marquees and attraction boards
approved as part sof a Planned Sign Program.
K. Banners, non-governmental flags, kites, pennants,
balloons, or other such advertising devices or displays.
L Signs which constitute a nuisance or hazard due to such
factors as location, intensity of light or reflectivity.
M. Signs which no longer identify a bona fide business
conducted on the premises. Such signs shall be removed
by the owner of the business or property within sixty
(60) days of the business' closing date.
8
N. Vehicle signs, trailer signs, signs affixed to
automobiles, trucks, trailers, or other vehicles parked
on any property within the City for the principal purpose
of advertising or display. It is a prima facia violation
of this section if the advertising medium utilized on the
vehicle is a sign, device, or structure separate from the
vehicle, or if the copy is readily changeable. including
but not limited to, repainting such sign. device or
structure exceeds nine (9) square feet in area and the
vehicle is parked on the street or on the business
premises to which the advertising relates or in
reasonable proximity thereto and the location of the
advertising is reasonably calculated to direct an
observer towards the business. It shall be considered
that advertising was the principal purpose of the parking
of the vehicle, notwithstanding the fact that the vehicle
is driven to and from the business premises on a daily
basis.
O. Signs on any public property or projecting within the
public right-of-way, except with an encroachment permit
or as otherwise specified in this section.
P. Price signs, except as required by law as in the case of
fuel sales.
Q. Any other sign not expressly permitted by this division.
R. Any sign continuously outlined with individual light
bulbs or string of lights.
S. Pylon signs.
T. Portable signs including A -frame signs.
9
VARIANCE
Variances may be approved by Planning Commission if all of the
following findings are made by the Commission.
1. That because of special circumstances or exceptional
characteristics applicable to the property, the strict
application of the code deprives such property of privileges
enjoyed by other property in the vicinity and under identical
zoning classification;
2. That the adjustment authorized will not constitute a grant of
special privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which the property is
situated;
3. That strict application of zoning regulations as they apply
to such property will result in practical difficulties or
unnecessary hardships inconsistent with the general purpose
of such regulations and standards; and
4. That such adjustment will not be materially detrimental to the
public health, safety or general welfare. or to the use,
enjoyment or valuation or property of the persons located in
the vicinity.
C:\WP59\SignOrd.1T
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MC
PI�F�SBI T� SIGNS
BREA:
flashing, moving or rotating signs
projecting signs
roof signs
portable signs
billboards
flags, banners or pennants
CLAREMONT:
flashing, rotating or revolving signs
roof signs
off -premise advertising
balloons
flags, pennants and streamers
trailer signs
portable signs
bench signs
MONTCLAIR:
flashing or animated signs
roof signs
projecting signs
portable signs
SAN DIMAS:
moving or rotating signs
UPLAND•
I
billboards
off-site advertising
trailer signs
portable signs
roof signs
animated signs
painted -on signs
mylar balloons
WALNUT•
flashing signs
projecting signs
roof signs
portable signs
billboards
trailer signs
audible devices
PROHIBITED SIGNS CONT.
DIAMOND BAR (PROPOSED):
billboards
off-site advertising
flashing or moving signs
animals/human beings
loudspeakers
roof signs
projecting signs
electronic reader board
trailer signs
price signs
pylon signs
ESTIMATED NUMBER OF SIGNS WHICH DO NOT
COMPLY WITH DRAFT SIGN ORDINANCE
I. AREAS SURVEYED:
A.
Area
A: Diamond Bar Boulevard, at Fountain Springs
(Country Hills Shopping Center).
B.
AREA
B: Diamond Bar Boulevard at Grand (NW corner).
II. SIGNS
CATEGORICALLY PROHIBITED BY THE DRAFT SIGN ORDINANCE:
A.
Pvlon.
1.
Area A: 3
2.
Area B: 1
B.
Off -Site Billboard.
1.
Area A: 0
2.
Area B: 0
C.
Flags
and Banners.
1.
Area A: 7
2.
Area B: 0
D.
Rotating and Moving Signs.
1.
Area A: 0
2.
Area B: 0
III. SIGNS NOT
CATEGORICALLY PROHIBITED BUT IN EXCESS OF DRAFT
ORDINANCE
HEIGHT OR AREA LIMITS:
A.
Wall
Signs.
1.
Area A: 2
2.
Area B: 7
1
B. Freestanding Signs.
1. Area A: 0
2. Area B: 2
C. Window Signs.
1. Area A: 4
2. Area B: 0
NOTE: i. Not all sign permits could be located at the time
of the survey. Therefore, it could not be
determined if all surveyed signs were legally
installed. Also, the height and area of some signs
was estimated during field review.
ii. Examples and further analysis of surveyed signs will
be presented at the September 10, 1990 hearing.
LW:dp
2
RATIO OF SIGNS NOT IN CONFORMANCE WITH DRAFT SIGN ORDINANCE,
DUE TO SIGN AREA, TO TOTAL NUMBER OF SIGNS FOR AREAS "A" AND "B".
A. WALL SIGNS
Non -Conforming Signs
1. Area "A": 2
2. Area "B": 7
B. FREESTANDING SIGNS
Non -Conforming Signs
1. Area "A": 0
2. Area "B": 0
C. WINDOW SIGNS
Non -Conforming Signs
1. Area "A": 5
2. Area "B": 0
CONCLUSIONS:
Total Signs Ratio
50 .04
40 .175
Total Signs Ratio
2 -
2 -
Total Signs Ratio
10 .50
5 -
This data is a very limited sampling of existing signs, however,
within this group of signs some conclusions can be drawn. These
are:
1. A very small percentage of these signs will not be in
conformance with the draft Sign Ordinance if adopted.
2. Most non -conforming are wall or window signs
While further sampling is in process staff feels that the data
analyzed provides a tentative view of the general situation within
the City.
The Commission may wish to note that within the group of signs that
are expressively prohibited by the draft, each center had at least
one pole or pylon sign. One center contained a roof sign which
would also be prohibited. Staff feels that this is also reflective
of the situation throughout the City.
I
AGENDA NO.
PLANNING COMMISSION
AGENDA REPORT
------------------------------------------
DATE: October 2, 1990 MEETING DATE: October 8, 1990
TO: Honorable Chairman and Members of the Planning Commission
VIA: James DeStefano, Planning Director
FROM: Larry Weissman, Contract Planner
SUBJECT: Draft Sign Ordinance/Diamond Bar Chamber of Commerce Survey
BACKGROUND:
This memorandum discusses the recommendations made by the Diamond Bar Chamber of
Commerce following its survey on the new sign ordinance. Attached is a chart
which shows the sign groups mentioned in the Chamber's recommendations, and the
standards suggested by the Chamber. The chart compares those recommendations to
the Draft Sign Ordinance. (See Attachment "B") The following analysis provides
an overview of the survey results.
RECOMMENDATION:
It is recommended that the Commission incorporate the Chamber's recommendations
into the hearing record to be considered when making its recommendations for a
sign ordinance to the City Council.
ANALYSIS•
The Chamber's recommendations and the Draft are in general agreement in the fol-
lowing areas:
i) Freestanding monument sign area
Use of Sign Programs to regulate signs
iii) Prohibition of moving, blinking, animated, projecting, or sound emit-
ting advertising devices
Areas of disagreement are as follows:
i) Use of the following signs and devices:
a) Banners, flags and pennants
b) Off site garage sale and open house signs
C) Pylon signs
d) Portable signs
e) Balloons
f) Freestanding directory signs
ii) Freestanding sign height
iii) Window sign area
iv) Foreign language signs
Page Two
Draft Sign Ordinance/Diamond Bar Chamber of Commerce Survey
October 8, 1990
In addition, the Chamber's recommendations do not include maximum areas for the
following signs:
i) Wall signs
ii) Commercial real estate signs
iii) Subdivision/Model home signs
ATTACHMENTS:
A. Diamond Bar Chamber of Commerce Letter - September 14, 1989
B. Summary Chart
Diamond Bar
0 C
Chamber of Comme.L%..
September 14, 1989
Hon. Phyllis Papen, Mayor
Council Members
City of Diamond Bar
21660 E. Copley Drive, Suite 330
Diamond Bar, California 91765
Re: Sign Ordinance Membership Survey
Dear Ms. Papen and Council Members:
The Di-amond Bar Chamber of Commerce has conducted a survey of its membership
and other interested parties in order to assist the Diamond Ba; City Council
in the drafting of sign ordinance guidelines for the City of Diamond Bar.
In addition to the survey, two noticed meetings were held.
In creating the survey, conducting the meetings and drafting this document
the sign ordinances of seven (7) other entities (including Los Angeles County
and the cities of San Dimas, Pomona, Alhambra, Irvine and Brea) and the sign
criteria for several real property leasing and management companies were
utilized as reference material.
For purposes of discussion the Chamber's survey and hearing were divided
into two main categories (Temporary and Permanent) with several subcategories
each.
TEMPORARY SIGNS -- On Site
a) Banners and Portable Signs -- (grand opening, 1/2 off, Sunday Brunch,
etc.) --..permitted upon application -- one per tenant lease space_.
Banners -- (including flags, pennants, streamers) -- upon application
-- a maximum of four (4) periods per calendar year, each period to be
no longer than thirty (30) days, a maximum of one hundred twenty (120)
days per year. Size of banners (ie. 1 square foot of signage per linear
foot of frontage), freestanding pad tenants to be allowed a maximum of
two frontages. Numbers of flags and pennants should also be regulated.
Portable Signs -- upon application -- Time limitations as stated above.
Size limitation of 36 sQuaxe feet.
b) Leasing/Coming Soon -- (Commercial Buildings) --- One sign per street
frontage, maximum of two per building if freestanding, regulate size
1081 Grand Avenue - Diamond Bar, Califomia 91765 - (714) 861-2121
=;and colors, with no time limitations so long as a portion of the space
_n.==tams unrented
yS
"Rooftop Signs -- Advertising Balloon -- permitted upon application --
iduration limited to a total of 60 days per year. No other temporary
signs would be pe-matted above the roof line.
d) Window Signs -- (Retail Tenants) -- limit to no more than thirty five
-percent (35%) of window area.
e) Real Estate Signs -- (1) For Sale or Rent -- one sian per lot or parcel
-- not to exceed six square feet in size. (2) Subdivision or
Development -- size and number of on-site signs should be based upon
size of development (ie. one (1) two hundred square foot sign per each
ten acres).
f) Special consideration should be given to signs of a temporary nature
belonging to charitable or educational groups.
TEMPORARY SIGNS -- Off Site
a) No off site banners would be permitted.
b) No off site leasing signs would be permitted.
C) Signs directing persons to garage sales and reside tial omen houses may
be permitted provided that they are removed within -.8 ho T s (these signs
should therefor contain the dates and times of the aavertised activity
as well as the property address). Standards may be established for
garage sale signs to rewire uniformity in size and appearance.
Reasonable use of open house flags, streamers, pennants, etc. may also
be permitted.
d) Placement -- No sign, poster or advertisement shall be pasted, fastened,
painted, marked or in any manner affixed to or on any curb, street,
sidewalk, street sign post, traffic sign, telephone, telegraph or
electric light pole, or any tree or shrub in anv street, park, public
street, alley, parkway or sidewalk. All permitted signs should be so
located as to assure that isight distance shall not be impaired for
pedestrian and vehicular traffic and that traffic control devices shall
not be obstructed.
e) Political Signs -- may be permitted within public property subject to
the issuance of a permit and provided that the persons desiring to erect
such sign post a cash bond in order to guarantee the removal of each
such sign within five (5) days following the election to which it
relates. Such signs should not ba pe.-mitted for longer than thirty ( 30 )
days prior to the election (or as required by law).
PERMANENT SIGNS
Submission of sign programs should be required of each commercial center
2
A"
�.. ahvw3.ng locations, square footage, color Pallet, material specifications,
,
attaEhment
details, addressing, suite identification and circulation signing
tn—z:iizure a well designed and pleasing appearance while at the same time
oding latitude for variety and design. All signs should relate to the
:jT'r- ,tectural style of the main buildings on the site.
T'' Prohibited signs -- no moving, blinking ( other than time and temperature
signs), flashing, sound making, animated or projecting signs should be
permitted.
b) Monument signs -- (1) Project ID (free standing, low silhouette) --
one sign per street frontage for identification of project entry. No
individual tenant may be identified on this sign and the lettering area
may not exceed 24 square feet. (2) Tenant ID -- Freestanding pad
tenants or major tenants (determined by minimum square foot
requirements) to be allowed a monument sign provided they do not have
a wall sign parallel to the street (minimum 125 foot separation) . - 1A
maximum of two major tenant panels may be included on such sign plus
center identification. (3) Height -- determindd by project size -- 1
to 3 acres = 5 feet, 3 to 5 acres = 7 feet, 5+ acres = 9 feet.
C) Directory Signs -- projects without a major tenant and larger that. 3
acres may have a center identification signs with a maximum of six (6)
tenant uanels. Total sign area should be limited to 24 scuare feet.
Signs should be no more than 6 feet in height and should also
incorporate the project identification and street address.
d) Pylon Signs -- A pylon sign should be allowed provided: (1) that the
property is a freeway oriented commercial project; or (2) the center
consists of at least 3-5 acres. Pylon signs should not exceed 20 feet
in height with a minimum setback of 5 feet. Height may be increased 1
foot for each additional foot of setback up to a maximum of 25 feet.
However, due to special circumstances based on visibility, the height
of a free-standing sign for integrated freeway oriented properties or
properties of at least 3-5 acres may be increased to no more than 50
feet. One pylon sign per lot or combination of lots should be
permitted.
The total lettering area Qf pylon signs (not inclusive of support
structure should not exceed fifty (50) square feet.
All pylon poles should be covered with material and colors consistent
with the project and to a minimum of 25% of sign width. All pylons
should be located in landscaped setback areas of at least equal size to
the sign area.
e) Sign Copy -- The name of the use or business should be the dominant
message of the sign. Telephone nL=Lere, lists of products, pic=_r.-=
and other messages should not be allowed. For purposes of public safety
the predominant language characters in the sign should identify the
tenants use or business and should be Greco-Roman.
3 --
ATTACHMENT B
SUMMARY OF CHAMBER OF COMMERCE SURVEY RECOMMENDATIONS
WALL SIGNS
Draft Ordinance
1 sq. ft. per 1 lineal foot of
frontage to a 100 sq. ft. maximum,
with certain specified exceptions.
COMMERCIAL REAL ESTATE
Draft Ordinance
24 sq. ft.
6 ft. height
1 per site
Permit valid 1 year
SUBDIVISION/MODEL HOME SALES
24 sq. ft.
6 ft. height
1 per entrance
Permit valid 6 months
POLITICAL SIGNS
Draft Ordinance
24 sq. ft.
6 ft. height
Removed 10 days after election.
May be posted in right of way
with permission.
WINDOW SIGNS
Draft Ordinance
25% of contiguous window area
ON SITE REAL ESTATE SIGNS
Draft Ordinance
6 sq. ft.
8 ft. height
1 per lot
*Not Specified
Chamber Survey
Chamber Survey
1 per frontage
No time limit
Chamber Survey
Posted no more than 30 days
prior to election, removed 5
days after election. May be post-
ed in right of way with permis-
sion. Sign may be posted on util-
ity poles or traffic devices.
Chamber Survey
35% of window area
Chamber Survey
6 sq. ft.
1 per lot
GARAGE SALE/OPEN HOUSE - OFF SITE
Draft Ordinance
Not Allowed
FREESTANDING SIGNS
Draft Ordinance
Center Sian
72 sq. ft.
6 ft. height
area of project)
2 per entrance
Tenant I.D. (eauivalent to freestanding
business sign)
24 sq. ft.
4 ft. height
1 per frontage in excess of 991.
Directory Signs
Not Allowed
Pylon
Not Allowed
SPECIAL EVENT SIGNS
Draft Ordinance
Banner Flags
Not Allowed
Chamber Survey
Allowed, must be removed within 48
hours after sale or open house.
Flags, banners may be used.
Chamber Survey
24 sq. ft.
5-9 ft. height (based on floor
1 per frontage
24 sq. ft.
5-9 ft. height
1 per site.
Maximum 2 tenants per sign. To be
used only in lieu of wall sign
parallel to street.
24 sq. ft.
6 ft. height
1 per site
Project must be 3 acres or great-
er.
Maximum 6 tenants per sign.
50 sq. ft.
20-25 ft. height
(based on set back)
1 sign per lot
Sign must be located on free -way
oriented properly, at least 3
acres in size.
Chamber Survey
1 sq. ft. per 1 linear foot of
frontage.
Allowed 4 times per year, 30 days
at a time.
Portable Signs
Not Allowed
Balloons
Not Allowed
FOREIGN LANGUAGE SIGNS
No Restrictions
36 sq. ft.
Allowed 4 times per year, 30 days
at a time.
Allowed, rooftop only.
Removed after 60 days.
Greco-Roman lettering must predom-
inate sign copy.
304 CHAPTER 22.52 Sec. 52790 — 52.810
PART 10 - CHAPTER 22.52
SIGNS
SECTIONS:
22.52.790 Purpose of Part 10 provisions.
22.52.800 Use restrictions.
22.52.810 Exemptions to Part 10 applicability.
22.52.820 General regulations.
22.52.830 Surface area — Computation.
22.52.840 Outdoor advertising signs — Conditions.
22.52.650 Portable outdoor advertising signs — Conditions.
22.52.880 Business signs — In agricultural and special purpose zones.
22.52.870 Business signs — In commercial and industrial zones.
22.52.880 Wall business signs.
22.52.890 Roof and freestanding business signs.
22.52.900 Projecting business signs.
22.52.910 Incidental business signs.
22.52.920 Temporary window signs.
22.52.930 Building identification signs.
22.52.940 Temporary real estate signs.
22.52.950 Temporary construction signs.
22.52.960 Directional and/or information signs. f
22.52.970 Special-purpose signs.
22.52.980 Temporary subdivision sales, entry and special -feature signs.
i
22.52.990 Prohibited signs designated.
22.52.790. PURPOSE OF PART 10 PROVISIONS. Itis the purpose of this
Part 10 of Chapter 22.52 to establish comprehensive sign regulations for
effectively regulating the placement, erection and maintenance of signs
in the unincorporated territory of the county. These regulations are in-
tended to provide equitable standards for the protection of property
values, visual aesthetics, and the public health, safety and general wel-
fare, while still providing ample opportunities for business and the visual
advertising industry to operate successfully and effectively. (Ord. 1494
Ch. 7 § 707, 1927.)
22.52.800. USE RESTRICTIONS. A person shall not use any sign in any
zone except as specifically permitted in this Title 22 and subject to all
regulations and conditions enumerated in this Title 22. (Ord. 1494 Ch. 7
Art. 7§ 707.1, 1927.)
22.52.810. EXEMPTIONS TO PART 10 APPLICABILITY. The provisions of
this Title 22 regulating signs shall not apply to the following signs except
as otherwise indicated herein:
A. Official notices issued by any court, public body or public officer;
B. Notices posted by any public officer in performance of a public
duty, or for any person in giving legal notice;
t
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OVERVIEW OF SIGN ORDINANCE
PLANNING COMMISSION
REVIEW
PLANNED SIGNS
Wall signs for multi -use buildings
(Commercial Zones)
Freestanding Permanent Signs
(Commercial zones)
Window Signs (Commercial Zones)
Commercial Center Signs
(Commercial Zones)
Civic Organization and Institution Signs
(All Zones)
Special Flags (All Zones)
NO PERMIT REQUIRED
EXEMPT SIGNS
Flags
Real Estate Signs on Premise
Warning Signs
Traffic Signs
Municipal Monuments
Hours of Operation
No Tresspassing
Security Protection
STAFF
REVIEW
BASIC SIGNS
Wall signs for individual uses
(Commercial zones)
Canopy & Awning Signs
(Commercial Zones)
Temporary Signs: (All Zones)
Commercial Real Estate
Construction
Subdivision Model Home
Grand Opening
Liquidation Sale
Political Signs
Special Event
Temporary Holiday Lighting
NOT PERMITTED IN ANY ZONE
PROHIBITED SIGNS
- Outdoor Billboard
- Flashing, Moving Devices
- Roof Signs
- Projecting Signs
- Loudspeakers
- Permanent Pole Signs (except as
noted in Ordinance)
- Banners, kites, Non-governmental
flags
- Vehicle Signs
- Portable Signs
SIGN ORDINANCE
SECTION 100. PURPOSE AND INTENT.
The purpose and intent of the draft Sign Ordinance is
as follows:
A. To encourage the use of modest signs with due
regard for the needs of the business community.
B. To encourage signs which are harmonious with other
existing signs.
C. To assure an appropriate level of review prior to
approval of sign permits.
D. To bring existing signs, as much as is feasible,
into compliance with the provisions of the Sign Ordinance.
SECTION 102.
A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER.
1. Permits are required for all signs except
those specifically exempted from the permit requirements by this
Sign Ordinance.
2. Permits may be issued by the Planning
Director, or his/her designee, for all signs listed in (Section
106) of this Ordinance (Basic Sign Program), subject to those
conditions listed in Section 102 D (Guidelines) of this
Ordinance.
3. Permits may be issued by the Planning
Director, or his designee, upon direction from the Planning
Commission or City Council for any sign(s) listed within (Section
108) (Planned Sign category).
March 22, 1991 1
B. APPLICATION FOR PERMITS
Applications for sign permits shall be made upon forms
provided by the Planning Director, or his designee, and shall
contain, or have attached thereto, the following information and
material:
1. The name, address, and telephone number of
the owner of the property on which the sign(s) are to be located.
2. The name, address, and telephone number of
the applicant (owner of the sign).
3. The name, address, and telephone number of
the sign contractor, if any.
4. The location of the building, structure or
lot to which or upon which the sign or other advertising
structure is to be attached or erected.
5. Three (3) copies of a plan and elevations
showing the:
a. Sign(s) height, size, proposed colors,
type style, elevation above final grade level, proposed location
on the premises of the sign structure, its relationship to
adjacent signs, buildings or structures, the method of
illumination and the colors and materials proposed to be used.
b. Structural details and calculations
signed by a person competent and qualified to prepare such
information. The Planning Director or his/her designee may, in
their sole discretion, waive such requirement.
March 22, 1991 2
6. Photographs showing the premises and adjacent
property at the time of making the application.
7. Such other information as the Planning
Director, or his/her designee, shall deem reasonable and
necessary to ensure safety of construction and compliance with
this and all other ordinances of the City.
C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS
1. In consideration of the issuance of a sign
permit, the factors noted below shall be utilized by the Planning
Director, or his/her designee, as guidelines for determining that
a submitted sign proposal furthers the intent and purpose
established by this Ordinance.
2. An appeal from a decision of the Planning
Director relative to the application of the review guidelines
contained herein shall be made to the Planning Commission. Such
appeal shall be filed with the Secretary of the Commission in
writing within ten (10) days after the date of mailing of
notification to the Applicant by the Planning Director or his/her
designee that any submitted sign proposal has been denied or
modifications are required to effect conformance with the
guidelines. An appeal from the Planning Commission decision may
be made to the City Council if such appeal is filed in writing
within ten (10) days after the date of mailing of notification of
the Planning Commission action.
March 22, 1991 3
D. GUIDELINES:
In determining the consistency of each proposed sign
with the purposes of this ordinance, the following guidelines
shall be applied:
1. That the proposed sign will be legible to the
intended audience under normal viewing conditions, based on its
proposed location and the design of its visual element.
2. That the proposed sign will not obscure from
view or detract from existing signs, based on its location,
shape, color and other similar considerations.
3. That the proposed sign will be in harmony
with adjacent properties and surroundings, based on the size,
shape, height, color, placement, and the proximity of such
proposed sign to adjacent properties and surroundings.
4. That the proposed structure, sign or display
will be designed, constructed and located so that it will not
constitute a hazard to the public.
5. That the proposed sign is not designed to
have the advertising thereon maintained primarily to be viewed
from a freeway, unless specifically provided for under the terms
of this Ordinance.
E. FEES
The appropriate fee, as determined by resolution of the
City Council, shall be collected by the Planning Director, or his
designee, upon application for any sign permit or appeal thereof.
March 22, 1991 4
SECTION 104. GENERAL REGULATIONS
A. No freestanding sign shall be located less than 25
linear feet from an adjoining property line, except that a sign
may be located no less than 10 feet from the ultimate street
right-of-way.
B. Signs shall be constructed of fire resistant
material. Where glass or plastic are used, these materials shall
be shatter -resistant.
C. The Director of Planning may approve minor
alterations of signs approved within a planned sign program.
D. Sign materials and colors shall be consistent with
building materials attached or adjacent to signs.
E. No sign shall be placed on or over a public
right-of-way unless permission has been granted by the City
Council or the Council's designee.
F. Sign copy in non Latin/Roman letters, symbols,
numerals, or alphabet characters must contain thereon a generic
description written in English of the nature of such business or
use. Such translation shall be visible from the nearest public
street.
G. Business signs shall be limited to those portions
of a building within which such business is located or conducted.
SECTION 106. DEFINITIONS
A. Advertising device: Any balloon, flag, pennant,
banner, propeller, oscillating, rotating, pulsating or stationary
light or other contrivance (except lawfully permitted signs) used
March 22, 1991 5
to attract attention. (See "Sign".)
B. Advertising display: Any device, contrivance,
statue or structure (other than a sign) used as a display,
regardless of size and shape, for the purpose of attracting
attention.
C. Advertising structure, outdoor: A structure of
any kind or character erected or maintained for the purpose of
advertising a business, activity, service or product not sold or
produced on the premises upon which said structure is placed.
D. Alteration: Any change of copy, sign face, color,
size, shape, illumination, position, location, construction or
supporting structure of any sign.
E. Area of a sign: The total exterior surface of a
sign within the single continuous perimeter of not more than
eight (8) straight lines enclosing the extreme limits of writing,
representation, emblem or any figure of similar character,
together with any material or color forming any integral part of
the display in the case of a sign designed with more than one
exterior surface, the area shall be computed as including only
the maximum single display surface which is visible from any
ground position at one time.
Unless otherwise specified, the supports, uprights or
structure on which any sign is supported shall not be included in
determining the sign area unless such supports, uprights or
structure are designed in such a manner as to form an integral
background of the display.
March 22, 1991 6
F. Attached sign: Any sign which is permanently
affixed to a building, including wall signs.
G. Attraction board: A changeable copy on premise
wall or freestanding sign which contains messages related to
upcoming events at theatres.
H. Awning sign: A sign attached to or written upon
an awning, canopy or marquee.
I. Banner sign: Any sign hung either with or without
frames, possessing written communication applied to non -rigid
paper, plastic, non -rigid material or fabric of any kind, and
capable of being viewed from any public right-of-way, parking
area, or neighboring property.
J. Building frontage: The lineal extent of a
building or activity which has frontage on either a public
right-of-way or parking area. The length of the building facing
the public right-of-way or parking lot shall be used to determine
the amount of signage permitted.
K. Building identification sign: A sign attached to
a building which designates the name and/or address of a business
or organization.
L. Business sign: A sign displaying information
pertaining to goods or services offered or produced by the
business located on the property but not including advertising
devices/displays.
M. Canopy sign: Any sign which is not illuminated,
which is attached to the underside of a projecting canopy
March 22, 1991 7
protruding over a private or public sidewalk or right-of-way.
(See "Awning sign".)
N. Changeable cony sign: Any sign designed and
intended to have an easily and readily changeable copy. (See
"Attraction board".)
O. civic organizations sign: A sign which has copy
limited to organization name, address, and civic, patriotic or
religious events conducted on the property.
P. Commercial center: Any site containing two (2) or
more commercial activities, for which signage is proposed.
Q. Condominium, subdivision or rental community sign
(permanent): A wall or freestanding sign which has copy limited
to the name of the condominium, subdivision or rental community,
including apartments, located on the property.
R. Construction sian: A temporary sign which states
the name of the future site occupant and/or the name, address
and/or phone numbers of related construction, architectural, and
financial firms.
S. Electronic message board sign: A sign with a
fixed or changing display composed of a series of lights, but not
including time and temperature displays.
T. Entrance/Exit signs: A sign which has copy
limited to the words "Entrance" or "Exit" and is located at
commercial driveways or mounted at building entrances or exits.
U. Flaa: An advertising device, but not including
national flags or flags of political subdivisions.
March 22, 1991 8
V. Flashing or animated Sian: A sign intermittently
emitting light, or which has any illumination which is not
maintained in constant intensity, color or pattern, including
electronic reader boards, except time and temperature displays.
W. Freestanding sign: Any sign permanently or
temporarily attached to the ground which does not have a building
as its structural support.
X. Grade level: Ground elevation at the closest
point of the adjacent building or curb level of the adjacent
right-of-way, whichever is closer to the location of the sign.
Y. Grand opening sign: An on premise sign
advertising the opening of a new business.
Z. Government offices and quasi -official signs: A
sign displaying information pertaining to services offered by
City, County, State or other official governmental agencies.
AA. Height of a sign: The vertical distance measured
from (average) grade (lowest point of elevation) level along the
base of the sign structure, to the highest point of the
structure.
BB. Hours of operation Sian: A wall or window sign
designating hours of opening and closing.
CC. Illuminated sign: A sign which has characters,
letters, figures, designs or outline backlighted or internally
illuminated by electric lights or luminous tubes.
DD. Incidental sign: A wall or window sign indicating
type of credit card accepted, trade affiliation, etc.
March 22, 1991 9
EE. Institutional sign: A sign which has copy limited
to the name/address of an institution located on the property,
i.e., a hospital, school, library or other public facility.
FF. Liquidation sign: An on premise sign advertising
a one time only clearance, liquidation or going out of business
sale.
GG. Logo: A name, symbol, or trademark of a company,
business, or organization.
HH. Menu board: A changeable copy wall or
freestanding sign limited to a listing of food sold on premises,
including prices.
II. Monument sign: A low profile freestanding sign
which may be internally or externally illuminated, erected with
its base on the ground and which is designed to incorporate
design and building materials which complement the architectural
theme of the buildings of the premises.
JJ. Nameplate: A wall mounted sign of no more than
four (4) square feet identifying the building name or address, or
the name of the owner of the premises.
KK Nonconforming sign: A sign which complied with
all applicable regulations at the time it was installed, but
which is now in conflict with the provisions of this chapter.
LL. Outdoor advertising sign: A sign, including
billboards, or the sign structure on which it is to be placed,
the purpose of which is to advertise products or services that
are not produced, stored, serviced or sold on the property upon
March 22, 1991 10
which the sign or structure is located, but not including travel
direction or bus/bench shelter signs in public rights-of-way.
MM. Portable sign: A sign not securely attached or
fixed to the ground or to a permanent structure; or upon a
vehicle or trailer used as a stationary advertising display, the
primary purpose of which is to serve as a base, platform, or
support for the sign, or to which the sign is otherwise affixed
or attached.
NN. Pole sign: A freestanding sign supported by one
or more uprights.
00. Political sign: A temporary sign conveying a
message relating to a political issue, candidate, upcoming
election or ballot issue.
PP. Price sign: A sign limited to the name or
identification of items or products for sale on the premises, and
the price of said items or products.
QQ. Projecting sign: A sign which projects more than
twelve (12) inches from a building and is dependent upon such
building for its support.
RR. Real estate sign: A temporary sign indicating
that the premises on which the sign is located is for sale, lease
or rent.
SS. Roof sign: An attached sign constructed upon or
over a roof, or placed so as to extend above the visible
roofline.
March 22, 1991 11
TT. Sian: Any device used for visual communication or
attraction, including any announcement, declaration,
demonstration, display, illustration, insignia, or symbol used to
advertise or promote the interests of any person, together with
all parts, materials, frame and background thereof.
W. Sian copy: Any word, letter, number, figure,
design or other symbolic representation incorporated into or
depicted upon a sign.
W. Sian face: The area or display surface used for
the message.
WW. Sian structure: Any structure which supports any
sign.
XX. Site: One or more parcels of land identified by
the assessor's records where an integrated building development
has been approved or proposed. The site shall include all
parcels of land contained within or a part of the development
application. An integrated building development shall include all
parcels served by common access ways, driveway, parking and
landscaping.
YY. Special event sign: A temporary sign which
conveys a message related to a civic, patriotic or religious
event.
ZZ. Subdivision/model home sign: A sign which
identifies a subdivision for sale, and which is located on the
property being advertised.
March 22, 1991 12
AAA. Temporary Holiday Lighting or Window Trimming: Low
intensity lighting consisting of continuous bulbs which may flash
or blink used to commemorate a patriotic civic or religious
event, or decorative trim surrounding the window.
BBB. Temporary sign: Any sign displayed for a limited
period of time and capable of being viewed from any public
right-of-way, parking area, or neighboring property.
CCC. Wall sign: Any sign which is attached, erected,
or painted on the exterior wall of a building including the
parapet, with the display surface of the sign parallel to the
building wall, and which does not project more than twelve (12)
inches from the building.
DDD. Window sign: Any sign posted, placed or affixed
in or on any window visible from the exterior of the structure
through a window.
SECTION 106. BASIC SIGN PROGRAM.
The following signs may be approved by the Planning
Director or his/her designee.
A. Permanent:
1. Wall signs for individual uses:
Max. Area: 1 sq. ft. per 1 lineal foot
frontage, to a maximum 100
sq. ft. per use.
Max. Number: i per outer wall
Syecial Conditions: No permit shall be
issued for a wall sign in a multi -use
March 22, 1991 13
building or commercial center in which more
than one sign is proposed without Planning
Commission review and approval.
Zone: Commercial
2. Canopy and awning signs:
Max. Area: Limited to letters or numbers
no greater than 7 inches in
height designating business
name or address.
Max. Number: 1 per use
Zone: Commercial
B. Temporary:
1. Commercial Real Estate Sign:
Max. Area: 24 sq. ft.
Configuration: Wall or Freestanding
Max. Number 1 per site
Max. Freestanding Height: 6 ft.
special Conditions: Permit valid for one
year after permit issuance, may be renewed.
Zone: Commercial
2. Construction Sign:
Max. Area: 24 sq. ft.
Configuration: Wall or Freestanding
Max. Number: 1 per site
Max. Freestanding Height: 6 ft.
March 22, 1991 14
Special Conditions: Permit for sign issued
after construction permit is issued; sign
must be removed upon issuance of occupancy
permit.
Zone: All
3. Subdivision/Model Home Sales Signs
Max. Area: 16 sq. ft.
Configuration: Wall or Freestanding
Max. Number: 1 per entrance
Max. Freestanding Height: 4 ft.
Special Conditions: Permit valid for six
months, renewable.
Zone: Any
4. Grand Opening Sign:
Max. Area: 16 sq. ft.
Configuration: Wall or Window
Max. Number: 2 per use.
Special Conditions: Permit valid for 30 days
Zone: Commercial
5. Liquidation Sale Sign
Max. Area: 16 sq. ft.
Configuration: Wall or Window
Max. Number: 2 per use
Special Conditions: Permit valid for 30 days
Zone: Commercial
March 22, 1991 15
6. Special Event:
Max. Area: 24 sq. ft.
Configuration: Wall, Window or Portable
Max. Number: 1 per use
Special Conditions: Must be removed within
ten days following special event. Permit
issued not more than 60 days prior to event.
Zone: Commercial
7. Temporary Holiday Lighting:
Max. Area: As may be deemed to be
Configuration: suitable at the discretion
Max. Number: of the Planning Director
Special Conditions: Must be removed within
30 days after permit issuance. Maximum
intensity of 25 watts. Trim not to exceed
7" in height or width.
Zone: All
8. Temporary Searchlight Permit:
Max. Area: N/A
Configuration: N/A
Max. Number: 1 Searchlight per property
Special Conditions: A temporary searchlight
permit may be used for special events such
as, but not limited to, Grand Openings and
Premier showings. Such permits may be
granted for a maximum period of ten days.
March 22, 1991 16
The ten days may be consecutive or may occur
within a 30 day period. Permit shall be
granted one time per year.
Zone: Commercial
SECTION 1088. PLANNED SIGN PROGRAM
The following signs must be approved by the Planning
commission:
A. sign illumination shall be approved subject to the
following conditions:
1. No lighting shall interfere with traffic or
regulatory lighting in color or intensity, nor create confusion
for motorists or pedestrians in travel.
2. The intensity of lighting and the hours of
operation shall be restricted for sign lighting visible from,
directed toward or reflecting upon residential properties.
3. Lighting shall be consistent with existing
conforming commercial and/or residential properties.
B. For single use buildings with 200 feet or more of
frontage, a Planned Sign Program may be approved which exceeds
the maximum aggregate sign area up to a limit of 200 sq. ft.,
provided that:
1. No single wall sign so approved exceeds 100
sq. ft., and no freestanding sign exceeds 24 sq. ft., except as
stated by the provisions of this Ordinance.
2. Any two signs placed on the same frontage
which taken together exceed 100 sq. ft. shall be separated by no
March 22, 1991 17
less than one-half the length of the building frontage.
C. No planned sign program shall be approved which
allows any combination of signs which exceed an overall maximum
of 100 sq. ft. per use, except as stated by the provisions of
this ordinance.
D. Standards:
1. Freestanding Monument:
Max. Area: 24 sq. ft.
Max. Number: 1 per frontage in excess of 99 ft.
for structures less than 4 stories
1 per frontage for structures 4
stories or greater
Max. Height: 6 feet
Zone: Commercial
2. Window Signs:
Max. Area: 25 percent of contiguous window
area
Max. Number: 2 per use
Zone: Commercial
3. Wall Signs for multi -use buildings or
commercial centers:
Max. Area: 1 sq. ft. per 1 lineal foot of
frontage per establishment to a
maximum of 100 sq. ft. per street
level uses plus 1 sq. ft. per
1 lineal foot of frontage per
March 22, 1991 18
establishment up to a maximum of
100 sq. ft. for uses not located
at street level which are visible
from the street, courtyard, or
public parking area and which are
individually accessible directly
from the outside, such as along a
common balcony or walkway.
Max. Number: 1 per use per outer wall
Location: Same as Basic Sign Program
Special Conditions: Businesses with
frontages less than 25 feet may be approved for
sign area up to 25 sq. ft.
An additional sign may be permitted on a wall
other than the wall which contains the front
entrance, provided said wall faces a public
right-of-way and such signage does not exceed one
(1) square foot per linear foot of wall for each
business, to a maximum of 100 square feet. Such
signs may not be erected on walls visible from
adjoining freeway rights-of-way, with the
exception of signs for restaurants serving food
primarily for on-site consumption, automobile
service stations dispensing fuel, and places
of lodging.
Zone: commercial
March 22, 1991 19
4. Freestanding Monument Signs for commercial
centers:
Max. Area: 72 sq. ft.
Max. Height: 6 feet
Max. Number: 1 sign per entrance
special Conditions: Shall not be counted toward
maximum sign area otherwise permitted.
Zone: Commercial
5. Government flags over 12 sq. ft. in area or
6 ft. in height:
Max.
Area:
Determined
by Planning Commission
Max.
Height:
35 feet
Max.
Number:
Determined
by Planning Commission
Zone: All
6. Building I.D. Sign:
Max. Area: 36 sq. ft.
Max. Height: Must be mounted at a height no
less than 25 ft.
Max. Number: 1 per building
special Conditions: (a) Signs mounted at a
building level higher than 45 feet may be no
larger than 2% of the vertical exterior wall
upon which the sign is located; (b) Up to 4
Building I.D. Signs may be approved for buildings
when such signs are mounted at a building height
greater than 75 feet, limited to one sign per
March 22, 1991 2 0
building side; (c) Up to two Building I.D. Signs
may be approved when signs are mounted higher than
45 ft.; (d) Building I.D. Signs larger than 36 sq.
ft. may not be used on properties containing
freestanding signs; (e) Building I.D. Signs shall
not be counted towards maximum sign area; and
(f) Building I.D. Signs are allowed only on
buildings the heights of which are no less than
45 feet.
Zone: Commercial
7. Civic Organization Signs/Institutional Signs/
Church Signs:
a. Freestanding Monument:
Max. Area: 16 sq. ft., except that such signs
may be 24 sq. ft. in any zone if
said sign is located on property
with frontage on a public right-of-
way in excess of sixty-five (65)
feet in width. Such signs shall be
located so as to be viewed from
said right-of-way.
Max. Height: 6 feet
Max. Number: 1 per frontage along public streets
Zone: All
March 22, 1991 2 1
Special Conditions: Copy may be changeable. Sign
must not be located within fifty feet of any
residential use.
b. Wall Signs:
Max. Area: 1 sq. ft. sign area per 1 linear
foot frontage, to a maximum of
100 sq. ft. in commercial zones.
1 sq. ft. sign area per 1 linear
foot frontage, to a maximum of
50 sq. feet in residential zones.
Max. Number: 1 per frontage on public streets.
Zone: All
Bpecial Conditions: Copy may be changeable. Must
not be located within fifty feet of any
residential use.
8. Condominium, Subdivision or Rental Community
Sign (Permanent):
Max. Area: 16 sq. ft.
Max. Height: 4 ft.
Configuration: Wall or freestanding monument
Max. Number: 1 per frontage in excess of 200 ft.
Zone: All
Special conditions: Must not be located within
fifty feet of any residential use which is not
part of the condominium project, subdivision or
rental community located on the property. Height
March 22, 1991 2 2
is to be measured from ground level along the
base of the sign structure to the top of the sign
area.
9. Attraction Board:
Max. Area: 24 sq. ft.
Max. Height: 6 ft. in commercial zones
Configuration: Freestanding monument or wall sign
Max. Number: 1 per use
Location: Same as Basic Sign Program
Special Conditions: Attraction Boards may be used
only in conjunction with theatres. Theatre
marquees may exceed one per use and a maximum of
24 sq. ft. for wall signage to a maximum of
100 sq. ft., as shall be determined by Planning
Commission.
10. Freeway Oriented Signs:
Freestanding signs may be permitted by Conditional
Use permit in lieu of wall signs which conform to the special
conditions of Section 108.D of this article for signs adjoining
freeway right-of-way, provided:
A. Such signs are for the purpose of advertising
lodging accommodations on-site.
B. It can be demonstrated that wall signage for such
lodging accommodations cannot be located on the building itself
in a manner which is visible to motorists traveling in either
direction along the freeway.
March 22, 1991 2 3
C. The highest point of a freestanding sign may not
exceed twenty-five (25) feet above the height of the guardrail of
the freeway (excluding access ramps) as measured at the point
nearest to the proposed signage.
D. The maximum dimensions of the sign face of a
freestanding sign shall be eight (8) feet in height and sixteen
(16) feet in width.
Special Conditions: If the site upon which lodging
accommodations are located contains businesses engaged in the
sale of food and fuel in addition to the place of lodging, such
uses may also be identified on the freestanding sign approved for
lodging, provided that:
a. No more than one use of each type is
identified on the sign.
b. The maximum size permitted for a freestanding
sign is not exceeded.
C. No wall signage is constructed or is retained
which is designed to be visible from the freeway for uses
identified on the freestanding sign.
d. Advertising for uses engaged in the sale of
food and fuel on a freestanding sign must clearly be subordinate
to that of the lodging accommodations.
SECTION 110. EXEMPT SIGNS
A. Government required traffic and directional signs.
B. Official City monument signs located at City
limits. Such signs shall be submitted for an advisory
March 22, 1991 24
architectural review by Planning Commission prior to sign
installation.
C. Monument signs on City park grounds or at City
facilities. Such signs shall be submitted for an advisory
architectural review by Planning Commission prior to sign
installation.
D. Entrance/Exit Signs (wall or window):
Area: 1 sq. ft.
Configuration: Wall or window
Number: 1 per entrance plus 1 per exit
SRecial Conditions: Must be consistent in color,
background and lettering with other signs on the
property.
E. Real Estate Signs:
Area: 6 sq. ft.
Height: 8 ft.
Configuration: Freestanding, window (one window
sign allowed per ground level
lease space)
Number: 1 per property
Special Conditions: Removed upon sale, lease or
rent of property. May not be used in conjunction
with commercial real estate signs.
F. Nameplate/Address Sign:
Area: 4 sq. ft.
Configuration: Wall
March 22, 1991 2 5
Number: 2 per building
special conditions: May be illuminated with
lighting no greater than 25 watts.
G. Hours of Operation:
Area: 1 sq. ft.
Configuration: Wall or window
Number: 1 per use
H. Incidental Sign:
Area: 1 sq. ft.
Configuration: Wall or window
Number: 1 per use
I. Security Protection:
Area: 1 sq. ft.
Height: 1 ft.
Configuration: Wall or freestanding
Number: 1 per property
special conditions: May utilize pole uprights.
J. No Trespassing Sign:
Area: 2 sq. ft.
Height: 2 ft.
Configuration: Wall or freestanding
Number: 1 per property
special Conditions: May utilize pole uprights.
K. Flags:
Area: 12 sq. ft. per flag
Height: 6 ft.
March 22, 1991 2 6
Number: 2 per property
special Conditions: Must represent government
body or unit and may be pole mounted.
L. Warning Signs as required by Federal, State or
City regulations:
Area: 4 sq. ft.
Height: 4 ft.
Configuration: Wall or freestanding
Special Conditions: May use pole uprights.
M. Signs located within the interior of buildings or
the interior of malls, when such signs are incapable of being
viewed from the outside of said building or mall.
SECTION 112. NON -CONFORMING SIGNS
A. INTENT OF PROVISIONS. It is the intent of this
Section to recognize that the eventual elimination of certain
existing signs that are not in conformity with the provisions of
this Section is necessary to insure that the City of Diamond Bar
maintains the highest level of visual esthetics and community
benefits.
B. GENERAL REQUIREMENTS. The following requirements
shall apply to all advertising displays which satisfy any of the
criteria set forth hereinunder. A non -conforming advertising
display shall be an advertising display which is not in
conformity with the provisions of this Title. All non -conforming
advertising displays may be required to be removed, without
compensation, by the City if they satisfy any of the following
March 22, 1991 27
criteria:
1. Any advertising display originally erected or
installed without first complying with all ordinances and
regulations in effect at the time of its construction and
erection or use.
2. Any advertising display which was lawfully
erected and whose use has ceased, or the structure upon which the
display has been abandoned by its owner, for a period of not less
than ninety (90) days. The costs incurred in removing an
abandoned display may be charged to the legal owner. Abandoned
advertising displays shall mean, for purposes of this Subsection,
any display remaining in place or not maintained for a period of
ninety (90) calendar days which no longer advertises or
identifies and on-going business, product, or service available
on the business premise where the display is located.
3. Any advertising display which has been more
than fifty percent (50%) destroyed, and the destruction is other
than facial copy replacement, and the display cannot be repaired
within thirty (30) days of the date of its destruction.
4. Any advertising display whose owner seeks
relocation thereof and actually relocates the advertising
display.
5. Any advertising display for which there is an
agreement between the advertising display owner and the City or
County, for its removal as of any specific date.
6. Any advertising display which is temporary.
March 22, 1991 28
7. Any advertising display which is or may
become a danger to the public or is unsafe.
8. Any advertising display which constitutes a
traffic hazard.
Any on -premises advertising display which does not meet
any of the above-described criteria with respect to type and
location shall be permitted to remain for fifteen (15) years from
the effective date of the adoption of this ordinance.
C. NEW PERMITS.
The City shall not deny, refuse to issue or condition
the issuance of a business license or a permit to construct a new
legal on -premises advertising display upon the removal,
conformance, repair, modification or abatement of any other
on -premises advertising display on the same real property where
the business is to be or has been maintained if both of the
following apply:
1. The other display is located within the same
commercial complex which is zoned for commercial occupancy or
use, but at a different business location from that for which the
permit or license is sought.
2. The other display is not owned or controlled by
the permit applicant, and the permit applicant is not the agent
of the person who owns or controls the other display.
D. ALTERATION OF NON -CONFORMING ADVERTISING DISPLAYS.
During the fifteen (15) year period during which a
non -conforming legally in-place, on -premises advertising display
March 22, 1991 29
may continue to be used, the City shall not deny, refuse to
issue, or condition the issuance of a permit for modification or
alteration to the display upon change of ownership of any
existing business if the modification or alteration does not
include a structural change in the display and does not increase
the extent of the non-conformance.
E. SPECIAL CIRCUMSTANCES; HEIGHT OR SIZE OF ON-SITE
ADVERTISING DISPLAYS.
No on -premises advertising display shall be required to
be removed on the sole inexclusive basis of its height or size if
special topographic circumstances would result in a material
impairment of visibility of the display or the owner's or user's
ability to adequately and effectively continue to communicate to
the public through the use of the display. The owner or user may
maintain the advertising display at the business premises and at
a location necessary for continued public visibility at the
height or size at which the display was previously erected
pursuant to all applicable codes, regulations and permits. Such
signs shall be deemed to be in conformance with this Title.
F. ON -PREMISES ADVERTISING DISPLAY ABATEMENT.
The City Council may declare, by resolution, as public
nuisances and abate all illegal on -premises advertising displays
located within its jurisdiction. For purposes of this Section,
illegal on -premise advertising displays shall be those described
in Subsection B, above. The resolution shall describe the
property upon which or in front of which the nuisance exists by
March 22, 1991 3 0
giving its lot and block number according to the County
Assessor's map and street address, if known. Any number of
parcels of private property may be included in one resolution.
1. Notice of Hearing. Prior to the adoption of
the resolution by the City Council, the City Clerk shall send not
less than a ten (10) days' written notice to all persons owning
property described in the proposed resolution. The notice shall
be mailed to each person on whom the described property is
assessed on the last equalized assessment roll available on the
date the notice is prepared. The notice shall state the date,
time and place of the hearing and generally describe the purpose
of the hearing and the nature of the illegality of the display.
2. Posting of Notice. After adoption of the
resolution, the enforcement officer shall cause notices to be
conspicuously posted on or in front of the property on or in
front of which the display exists.
(a) Form of notice. Notice shall be
substantially in the following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the day of
, 19_, the City Council of the City of
Diamond Bar adopted a resolution declaring a resolution
that an illegal advertising display is located on or in
front of this property which constitutes a public
nuisance and must be abated by the removal of the
illegal display. Otherwise, it will be removed, and the
March 22, 1991 31
nuisance abated by the City. The cost of removal will
be assessed upon the property from or in front of which
the display is removed and will constitute a lien upon
the property until paid. Reference is hereby made to
the resolution for further particulars. A copy of this
resolution is on file in the Office of the City Clerk.
All property owners having any objection to the
proposed removal of the display are hereby notified to
attend a meeting of the City Council of the City of
Diamond Bar to be held on
at a.m./p.m. at ( location ),
when their objections will be heard and given due
consideration.
19
Dated this day of ,
Title
City of Diamond Bar
(b) This notice shall be posted at least ten (10)
days prior to the time for hearing objections by the City Council
of the City of Diamond Bar.
(c) Written Notice of Proposed Abatement. In
addition to posting notice of the resolution and notice of the
meeting when objections will be heard, the City Council shall
direct the City Clerk to mail written notice of the proposed
March 22, 1991 3 2
abatement to all persons owning property described in the
resolution. The Clerk shall cause the written notice to be
mailed to each person on whom the described property is assessed
in the last equalized assessment roll available on the date the
resolution was adopted by the legislative body.
The City Clerk shall confirm with the County
Assessor the names and addresses of all the persons owning
property described in the resolution. The addresses of the
owners shown on the assessment roll is conclusively deemed to be
the proper address for the purpose of mailing the notice. If the
County of Los Angeles poses any charges upon the City for the
actual costs of furnishing the list, the City shall reimburse the
County, and such costs shall be a part of the cost of abatement
assessed against the property owner.
The notices mailed by the City Clerk shall be
mailed at least ten (10) days prior to the time for hearing
objections by the City Council. The notices mailed by the Clerk
shall be substantially in the form of the form of notice set
forth hereinabove.
G. HEARING; CONTINUANCES; OBJECTIONS; FINALITY OF
DECISION; ORDER TO ABATE.
At the time stated in the notices, the City Council
shall hear and consider all objections to the proposed removal of
the on -premises advertising display. It may continue the hearing
from time to time. By motion or resolution at the conclusion of
the hearing, the legislative body shall allow or overrule any
March 22, 1991 33
objections. At that time, the legislative body acquires
jurisdiction to proceed and perform the work of removal.
The decision of the legislative body is final. If
objections have not been made, or after the City Council has
disposed of those made, the Council shall order the enforcement
officer to abate the nuisance by having the display removed. The
order shall be made by motion or resolution.
H. ENTRY UPON PRIVATE PROPERTY.
The enforcement officer may enter private property to
abate the nuisance.
I. REMOVAL BY OWNER; SPECIAL ASSESSMENT AND LIEN FOR
COSTS.
Before the enforcement officer takes action, the
property owner may remove the illegal on -premises advertising
display at the owner's own cost and expense. Notwithstanding
such action, in any matter in which an order to abate has been
issued, the City Council may, by motion or resolution, further
order that a special assessment and lien shall be limited to the
costs incurred by the City in enforcing abatement upon the
property, including investigation, boundary determination,
measurement, clerical, and other related costs.
J. COST OF ABATEMENT, ITEMIZATION.
1. The enforcement officer shall keep an account
of the cost of abatement of an illegal on -premises advertising
display in front of or on each separate parcel of property where
the work is done. He or she shall submit to the City Council,
March 22, 1991 34
for confirmation, an itemized written report showing that cost.
2. A copy of the report shall be posted at least
three (3) days prior to its submission to the City Council, on or
near the City Council chambers door, with notice of the time of
submission.
3. At the time fixed for receiving considering
the report, the City Council shall hear it with any objections of
the property owners liable to be assessed for the abatement. The
City Council may modify the report if it is deemed necessary.
The City Council shall then confirm the report by motion or
resolution.
K. ABATEMENT BY CONTRACT.
The nuisance may, in the sole discretion of the City
Council, be abated by performance on a contract awarded by the
City Council on the basis of competitive bids let to the lowest
responsible bidder. The contractor performing the contract shall
keep an itemized account and submit such itemized written report
for each separate parcel of property acquired by Subsection J,
above.
L. COST OF ABATEMENT; SPECIAL ASSESSMENT AND LIEN.
1. Cost of abatement in front of or upon each
parcel of property, and the cost incurred by the City in
enforcing abatement upon the parcel or parcels, including
investigation, bond redetermination, measurement, clerical, and
other related costs, are a special assessment against that
parcel. After the assessment is made and confirmed, a lien
Ma=rh 22, 1991 35
attaches on the parcel upon recordation of the order confirming
the assessment in the office of the Los Angeles County Recorder.
In the event any real property to which a lien would attach has
been transferred or conveyed to a bona fide purchaser for value,
or if the lien of a bona fide incumbrancer for value has been
created and attaches thereon, prior to the date on which the
first installment of the assessment would become delinquent, the
lien which would otherwise be imposed by this Section shall not
attach to the real property and the costs of abatement and the
costs of enforcing abatement, as confirmed, relating to the
property shall be transferred to the unsecured roll for
collection.
2. Upon confirmation of the report, a copy shall
be given to the County Assessor and Tax Collector, who shall add
the amount of the assessment to the next regular tax bill levied
against the parcel for municipal purposes.
3. The City shall file a certified copy of the
report with the County Assessor, Tax Collector and County Auditor
on or before August 10th of each calendar year. The description
of the parcels reported shall be those used for the same parcels
on the Los Angeles County Assessor's Map Books for the current
year.
4. The City shall request the County Auditor to
enter each assessment on the County tax roll office at the parcel
of land.
March 22, 1991 3 6
The City Shall further request the County Auditor to
collect the amount of the assessment at the time and in the
manner of ordinary municipal taxes. Any delinquencies in the
amount due are subject to the same penalties and procedures of
foreclosure provided for ordinary municipal taxes.
The City Council may determine that, in lieu of
collecting the entire assessment at the time and in the manner of
ordinary municipal taxes, incremental assessment of Fifty Dollars
($50.00) or more may be made in annual installments, not to
exceed five (5) installments, and collected one installment at a
time at the time and in the manner of ordinary municipal taxes in
successive years. The amount of any delinquent installment shall
be subject to the same penalties and procedures for foreclosure
and sale provided for ordinary municipal taxes. The payment of
assessments so deferred shall bear interest on the unpaid balance
at a rate to be determined by the City Council, but not to exceed
six percent (6%) per annum.
The City acknowledges that the County Tax Collector, at
his or her own discretion, may collect assessments without
reference to the general taxes by issuing separate bills and
receipts for the assessments. It is acknowledged that the lien
of assessment has the priority of the taxes with which it is
collected, and further, that all laws relating to levy,
collection and enforcement of County taxes apply to these special
assessments.
March 22, 1991 37
M. ISSUANCE OF RECEIPTS FOR ABATEMENT COSTS.
The enforcement officer may receive the amount due on
the abatement costs and issue receipts at any time after the
confirmation of the report and until ten (10) days before a copy
is given to the Assessor and Tax Collector or, where a certified
copy is filed with the County Auditor, until August 1st following
the confirmation of the report.
N. REFUND OF ASSESSMENTS.
The City Council may order a refund of all or part of
an assessment pursuant to this Title if it finds that all or part
of the assessment has been erroneously levied. An assessment, or
part thereof, shall not be refunded unless a claim is filed with
the City Clerk on or before November 1 after the assessment has
become due and payable. The claim shall be verified by the
person who paid the assessment or by the person's guardian,
conservator, executor or administrator.
N\1011\SIGNORD\DB 6.6 March 22, 1991 38
DIAMOND BAR CHAMBER OF COMMERCE
SIGN ORDINANCE MEMBERSHIP SURVEY RESULTS
The Diamond Bar Chamber of Commerce has conducted a survey of its
membership and other interested parties in order to assist the Diamond Bar
City Council in the drafting of sign ordinance guidelines for the City of
Diamond Bar.
For purposes of discussion the Chamber's survey and hearing were divided
into two main categories (Temporary and Permanent) with several subcategories
each.
TEMPORARY SIGNS
On Site Signs
a) Banners and Portable Signs -- (grand opening, 1/2 off, Sunday Brunch,
etc.) -- permitted upon application -- one per tenant lease space.
Banners -- (including flags, pennants, streamers) -- upon application
-- a maximum of four (4) periods per calendar year, each period to be
no longer than thirty (30) days, a maximum of one hundred twenty (120)
days per year. Size of banners (ie. 1 square foot of signage per linear
foot of frontage), freestanding pad tenants to be allowed a maximum of
two frontages. Numbers of flags and pennants should also be regulated.
Portable Signs -- upon application -- Time limitations as stated above.
Size limitation of square feet.
b) Leasing/Coming Soon -- (Commercial Buildings) -- One sign per street
frontage, maximum of two per building if freestanding, regulate size
and colors, with no time limitations so long as a portion of the space
remains unrented.
C) Rooftop Signs -- Advertising Balloon -- permitted upon application --
duration limited to a total of 60 days per year. No other temporary
signs would be permitted above the roof line.
d) Vimdqw signs -- (Retail Ten�nts) -- limit to no more than forty percent
0$) of window area.
e) Real Estate Signs -- (1) For Sale or Rent -- one sign per lot or parcel
-- not to 'exceed six square feet in size. (2) Subdivision or
Development -- size and number of on-site signs should be based upon
size of development (ie. one (1) two hundred square foot sign per each
ten acres).
f) Special consideration should be given to signs of a temporary nature
belonging to charitable or educational groups.
Off Site Signs
1
,a) No off site banners would be permitted.
b) No off site leasing signs would be permitted.
C) Signs directing persons to garage sales and residential open houses may
be permitted provided that they are removed within 48 hours (these signs
should therefor contain the dates and times of the advertised activity
as well as the property address). Standards may be established for
garage sale signs to require uniformity in size and appearance.
Reasonable use of open house flags, streamers, pennants, etc. may also
be permitted.
d) Placement -- No sign, poster or advertisement shall be pasted, fastened,
painted, marked or in any manner affixed to or on any curb, street,
sidewalk, street sign post, traffic sign, telephone, telegraph or
electric light pole, or any tree or shrub in any street, park, public
street, alley, parkway or sidewalk. All permitted signs should be so
located as to assure that sight distance shall not be impaired for
pedestrian and vehicular traffic and that traffic control devices shall
not be obstructed.
e) Political Signs -- may be permitted within public property subject to
the issuance of a permit and provided that the persons desiring to erect
such sign post a cash bond in order to guarantee the removal of each
such sign within five (5) days following the election to which it
relates. Such signs should not be permitted for longer than thirty (30)
days prior to the election.
PERMANENT SIGNS
Submission of sign programs should be required showing locations, square
footage, color pallet, material specifications, attachment details,
addressing, suite identification and circulation signing to• ensure a well
designed and pleasing appearance while at the same time providing latitude
for variety and design. All signs should relate to the architectural style
of the main buildings on the site.
i
a) Prohibited signs -- no moving, blinking (other than time and temperature
signs), flashing, sound making, animated or projecting signs should be
permitted. .
b) Monument signs -- (1) Project ID (free standing, low silhouette) --
one sign per street frontage for identification of project entry. No
individual tenant may be identified on this sign and the lettering area
may not exceed 24 square feet. (2) Tenant ID -- Freestanding pad
tenants or major tenants (12,000 to 15,000 square foot minimums) to be
allowed a monument sign provided they do not have a wall sign parallel
to the street (minimum 150 foot separation). A maximum of two major
users panels may be included on such sign plus center identification.
(3) Height -- determined by project size -- 1 to 3 acres = 5 feet, 3 to
/ 5 acres = 7 feet, 5+ acres = 10 feet.
c) Directory Signs -- projects without a major tenant and larger than 3
acres may have a center identification signs with a maximum of six (6)
tenant panels. Total sign area should be limited to 24 square feet.
Signs should be no more than 6 feet in height and should also
incorporate the project identification and.street address.
d) Pylon Signs -- A pylon sign should be allowed provided: (1) that the
property is a freeway oriented commercial project; or (2) the center
consists of at least 5 acres. Pylon signs should not exceed 15 feet in
height feet in height with a minimum setback of 5 feet. Height may be
increased 1 foot for each additional foot of setback up to a maximum of
20 feet. However, due to special circumstances based on visibility, the
height of a free-standing sign for integrated freeway oriented
properties of 5+ acres may be increased to no more than 50 feet. One
pylon sign per lot or combination of lots.
The total lettering area of pylon signs (not inclusive of support
structure should not exceed fifty (50) square feet.
All pylon poles should be covered with material and colors consistent
with the project and to a minimum of 25% of sign width. All pylons
should be located in landscaped setback areas of at least equal size to
the sign area.
e) Sign Copy -- The name of the use or business should be the dominant
message of the sign. Telephone numbers, lists of products, pictures
and other messages should not be allowed. For purposes of public safety
the predominant language characters in the sign should be Greco-Roman
and should identify the tenants use or business.
f) Maintenance -- All signs and supports should be kept in a state of
preservation. Signs not so maintained may be ordered removed.
g) Nonconforming Signs -- Every sign which does not conform should be
allowed to remain as follows: (1) Temporary signs -- ninety days;
(2) Signs painted on buildings, walls and fences -- one year; and, (3)
All other signs -- until the occupant, owner or business of the premises
is changed.,
h) Bus Benches -- RTD passenger records should be consulted regarding the
necessity for the number of bus benches now in place (an average of two
per stop appears sufficient).
3
RESOLUTION NO. 91-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR REPEAL
SECTIONS OF THE LOS ANGELES COUNTY CODE AS
ADOPTED BY THE CITY OF DIAMOND BAR WHICH
ESTABLISH ONSITE ADVERTISING STANDARDS AND
ADOPT PROPOSED ORDINANCE NO. AS THE
ONSITE ADVERTISING STANDARDS OF THE CITY OF
DIAMOND BAR.
A. Recitals.
(i) The City of Diamond Bar has determined that the
existing development standards applicable to onsite advertising
in the City of Diamond Bar fail to provided standards suitable
and appropriate for the City. The existing standards allow for
the development and placement of onsite advertising displays of
which the number, configuration, height, duration and other
characteristics contribute to deleterious conditions within the
City.
(ii) The City Council has charged the Planning
Commission with development of onsite advertising standards which
constitute and establish for the City advertising standards which
satisfy the aspirations and expectations of Diamond Bar.
(iii) The Planning Commission has extensively reviewed
advertising standards both at study sessions and at public
hearings. The Commission has duly considered public testimony
presented at the hearings, as well as technical analysis and
options provided by City staff.
1
(iv) The Planning Commission, after due consideration
of public testimony, staff analysis and the Commission's
deliberations has determined that the onsite advertising
standards incorporated by reference into this Resolution satisfy
and exemplify the goals and needs of the community. Due
consideration to the commercial advertising needs of business, as
well as the aesthetic factors which establish the image of the
City of Diamond Bar have been balanced so as to provide maximum
benefit and minimum detriment to the community.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
BE IT RESOLVED by the Planning Commission of the City
of Diamond Bar as follows:
1. In all respects as set forth in paragraph A,
Recitals, as set forth hereinabove.
2. The Planning Commission hereby recommends that the
City Council adopt as the onsite advertising display standards
for the City of Diamond Bir the proposed Ordinance attached
hereto as Exhibit "A" and incorporated herein by reference. Such
Ordinance deletes the existing onsite advertising standards as
set forth in the Los Angeles County Code as adopted by the City
of Diamond Bar and adopts new standards for such advertisements.
3. The Planning Commission hereby finds and
determines that the project identified above in this Resolution
can be seen with certainty to not create any possible significant
effects on the environment and pursuant to the California
Environmental Quality Act and its related guidelines that this
recommendation is exempt pursuant to Section 15061(b)(3) of Title
14 of the California Code of Regulations.
4. The Secretary of the Planning Commission is hereby
directed to certify to the adoption of this Resolution and is
further directed to promptly submit the onsite advertising
standards to the City Council for their review and consideration.
PASSED, ADOPTED AND APPROVED this �� � of March, 1991.
Chairman
C -
I, JAMES DESTEFANO, Secretary to the Planni__')
Commission of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a
regular meeting of the Planning Commission of the City of Diamond
Bar held on the 11,1\ day of March, 1991, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
J
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
ATTEST:
Secretary to the
Planning Commission
N\1011\RESP23\1DB 1.4A 3
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
DATE: May 23, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Linda G. Magnuson, Senior Accountant
SUBJECT: Proposed FY91-92 Appropriations Limit, and approval of Limit adjustment
factors.
DISCUSSION•
As required by Government Code Section 7910, the City Council is being asked to
formally adopt by resolution the Appropriations Limit for Fiscal Year 1991-92.
In addition, Proposition 111 now requires a recorded vote of the City Council
regarding the annual adjustment factors being used in the calculation of the
Limit. The adjustment factors being applied for Fiscal Year 1991-92 are the per
capita personal income price factor, and the population change factors.
The price factor which may be used by the City could either be the percentage
change in California per capita personal income or the percentage change in the
local assessment roll due to the addition of local non-residential new
construction. The non-residential new construction within the City has not caused
a significant change in the assessment roll. It is recommended that the City
Council approve the use of the California per capita personal income percentage.
This factor, as provided by the Department of Finance, State of California is
Z. 14%.
The population growth factor which may be used could be either the population
growth noted within the City, or the City may opt to use the population growth
(Narrative continued on next page if necessary)
FISCAL IMPACT:
AMOUnt Requested $ N/A
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
REVIEWED BY:
-------------------------------------------- --------------------
Robert L. Van Nort Andrew V. Arczynski Terrance Belanger
City Manager City Attorney Asst. City Manager
Page 2 - Appropriations Limit - City Council Report
noted within the unincorporated areas of the County. According to the state
Department of Finance, the population growth within the City of Diamond Bar was
considered to be a negative .28 percent. The population growth in the
unincorporated area of Los Angeles County is an increase of .64 percent. It is
recommended that the City Council approve the use of the L.A. County
unincorporated population growth factor.
Attached to the Appropriations Limit Resolution is a work sheet showing the
methodology for arriving at the limit. As stated in the resolution, the limit
amount is currently under protest. when the City incorporated, the L.A. County
LAFCo determined a "provisional" Limit by estimating the first years tax proceeds.
The City has been and is currently disputing the amount of property tax allocated
to the City since incorporation.
As required the documentation used to compute the Limit has been made available
to the public for at least 15 days prior to the adoption of the resolution. In
addition, the Appropriations Limit and the total Appropriations subject to the
limit will be published in the annual budget.
RECOMMENDATION:
Approve the use of the California per capita personal income percentage for use
in calculating the FY91-92 Appropriations Limit.
Approve the use of the L.A. County unincorporated area population growth
percentage in calculating the FY91-92 Appropriations Limit.
Approve Resolution 91- which establishes the protested FY91-92
Appropriations Limit at $11,097,611.
AGENDA NO. Jam..
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: May 23, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: City Manager
FROM: Linda G. Magnuson, Senior Accountant
SUBJECT: Proposed FY91-92 Appropriations Limit, and approval of Limit adjustment
factors.
DISCUSSION:
As required by Government Code Section 7910, the City Council is being asked to
formally adopt by resolution the Appropriations Limit for Fiscal Year 1991-92.
In addition, Proposition 111 now requires a recorded vote of the City Council
regarding the annual adjustment factors being used in the calculation of the
Limit. The adjustment factors being applied for Fiscal Year 1991-92 are the per
capita personal income price factor, and the population change factors.
The price factor which may be used by the City could either be the percentage
change in California per capita personal income or the percentage change in the
local assessment roll due to the addition of local non-residential new
construction. The non-residential new construction within the City has not caused
a significant change in the assessment roll. It is recommended that the City
Council approve the use of the California per capita personal income percentage.
This factor, as provided by the Department of Finance, State of California is
4.14%.
The population growth factor which may be used could be either the population
growth noted within the City, or the City may opt to use the population growth
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $
In Account Number:
Deficit: $
Revenue Source:
Robert L. Van Nort
City Manager
(Narrative continued on next page if necessary)
----------------------
Andrew
---------------------
Andrew V. Arczynski
City Attorney
Terrance Belanger
Asst. City Manager
Page 2 - Appropriations Limit - City Council Report
noted within the unincorporated areas of the County. According to the state
Department of Finance, the population growth within the City of Diamond Bar was
considered to be a negative .28 percent. The population growth in the
unincorporated area of Los Angeles County is an increase of 1.73 percent. It is
recommended that the City Council approve the use of the L.A. County
unincorporated population growth factor.
Attached to the Appropriations Limit Resolution is a work sheet showing the
methodology for arriving at the limit. As stated in the resolution, the limit
amount is currently under protest. When the City incorporated, the L.A. County
LAFCo determined a "provisional" Limit by estimating the first years tax proceeds.
The City has been and is currently disputing the amount of property tax allocated
to the City since incorporation.
As required the documentation used to compute the Limit has been made available
to the public for at least 15 days prior to the adoption of the resolution. In
addition, the Appropriations Limit and the total Appropriations subject to the
limit will be published in the annual budget.
RECOMMENDATION:
Approve the use of the California per capita personal income percentage for use
in calculating the FY91-92 Appropriations Limit.
Approve the use of the L.A. County unincorporated area population growth
percentage in calculating the FY91-92 Appropriations Limit.
Approve Resolution 91- , which establishes the protested FY91-92
Appropriations Limit at $11,097,611.
CITY OF DIAMOND BAR
1991-92
APPROPRIATIONS LIMIT WORKSHEET
1986-87
Appropriations Limit
(LAFCO)
$8,000,000
1987-88
Consumer Price Index
3.04
x =
5.96
496,800
Population Growth
1.96
8,496,800
1988-89
Consumer Price Index
3.93
X =
9.90
841,183
Population Growth
2.52
9,337,983
1989-90
Consumer Price Index
4.98
x =
6.08
567,749
Population Growth
1.22
9,905,732
1990-91
Consumer Price Index
4.21
x =
9.14
905,384
Population Growth
2.17
10,811,116
1991-92
Consumer Price Index
4.14
x =
2.65
286,495
Population Growth
.64
$11,097,611
Note: Figures provided by the Department of Finance, State of
California. Population growth percentage is the figure for the
unicorporated area of Los Angeles County.
I
STATE OF CALIFORNIA PETE WILSON, Governor
' DEPARTMENT OF FINANCE
915 L STREET
�s
SACRAMENTO, CA 95814-4998
May 1, 1991
PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS
Appropriations Limit
Article XIII B of the California Constitution specifies that
appropriations made by State and local governments may increase annually by a
factor comprised of the change in population combined with either the change
in California per capita personal income or the change in the local assessment
roll due to local non-residential construction.
The Department of Finance is mandated to provide the population and
California per capita personal income change data for local jurisdictions to
calculate their appropriation limits. The change in the local assessment roll
due to local non-residential construction may be obtained from your county
Assessor. The enclosures contain price and population factors for setting
your 1991-92 appropriation limit.
Enclosure I provides the change in California's per capita personal
income price factor. An example of how to utilize this price factor and the
population percentage change factor in calculating your 1991-92 limit is
included.
Enclosure II provides the population percentage change factors for cities
and counties.
Enclosure IIA provides the population percentage change factor for
counties and for the total incorporated population of each county.
These population percentage changes were prepared pursuant to Sections
2227 and 2228 of the Revenue and!Taxation Code and are calculated as of
January 1, 1991. Section 2227 specifies that state mental institutions,
federal military bases and state and federal prisons be excluded from the
percentage change calculations.
Population Factors for Cities and Counties
Cities and counties should consult section 7901 of the Government Code
for the various population factors that may be used for purposes of change in
population.
Population Factors for Special Districts
Special districts should consult section 7901 of the Government Code and
section 2228 of the Revenue and Taxation Code for the various population
factors that may be used for purposes of change in population.
May 1, 1991
Page Two
Article XIII B, Section 9(c) states that special districts in existence
on January 1, 1978, which levied a tax of 12-1/2 cents or less per $100
assessed value on property within their boundaries as of the 1977-78 fiscal
year are permanently exempt from establishing appropriation limits. In
addition, any special districts in existence or created thereafter whose sole
funding source is from non -proceeds of taxes are also exempt. Therefore,
special districts which meet either of these two tests do not need to
establish appropriation limits.
This letter may be received by special districts which were exemptfrom
establishing appropriation limits by Article XIII B, Section 9(c). Receipt of
this letter should not be construed as a requirement by the Department of
Finance to establish an appropriation limit.
Certification
The certification program applies to cities and counties only and does
not apply to special districts.
Sections 11005.6 and 30462.1 Revenue and Taxation Code, 21022 Streets and
Highways Code, 38421 Vehicle Code specify that if a Department of Finance
population estimate is greater than the current certified population the
Department shall automatically file a certified copy with the Controller not
less than 25 nor more than 30 days after completion of the estimate. The
Department will certify the higher estimate unless a written request not to
certify is received by the Department from the city or county within 25 days
of the completion of the estimate. A city or county requesting that their
higher estimate not be certified will remain at the current certified
population.
The Department of Finance will not certify a population estimate that is
lower than the current certified population unless requested to do so by a
city or a county. The request for certification must be received by the
Department by May 31, 1991.
Further Information
Questions regarding per capita income data should be referred to the
Economic Research Unit at (916) 322-2263. Questions concerning population
should be directed to the Demographic Research Unit at (916) 322-465l.-
Sincerely,
22-4651:
Sincerely,
THOMAS W. HAYE
Director of Fin
Enclosures
Enclosure I
A. Price Factor: Article XIII B specifies that local jurisdictions
select their cost of living factor to compute their appropriation
limit by a vote of their governing body. Local jurisdictions may
select either the percentage change in California per capita
personal income or the percentage change in the local assessment
roll due to the addition of local non-residential new construction.
If. the percentage change in per capita personal income is selected,
the percentage changes to be used in setting 1991-92 appropriation
limit are:
Per Capita Personal Income
Fiscal Percentage change
Year (FY) over prior year
1991-92 4.14
B. Following is an example using sample population changes and the
changes in California per capita personal income as growth factors
in computing a 1991-92 appropriations limit.*
1991-92:
Per Capita Change = 4.14 percent
Population Change = 2.71 percent
Per Capita converted to a ratio:
4.14 + 100 =,1.0414
100
1
Population converted to a ratio: 2.71 + 100 = 1.0271
100
Calculation of factor for FY 91-92:
1.0414 x 1.0271 = 1.0696
* Conversion of the factor to a ratio eliminates minus numbers.
ENCLOSURE , 1 1
ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1990 DATE PRINTED
TO JANUARY 1, 1991- AND TOTAL POPULATION JANUARY 1, 1991. 04/27/91
COUNTY
CITY
POPULATION MINUS EXCLUSIONS
POPULATION
ANNUAL
PERCENT CHANGE
1990 TO 1991 1-1-90 1-1-91
TOTAL
POPULATION
1-1-91
LOS ANGELES
AGOURA HILLS
1.34
20,335
20,608
20,608
ALHAMBRA
2.18
81,883
83,668
83,668
ARCADIA
o.88
48,128
48,551
48,551
ARTESIA
1.21
15,411
15,597
15.597
AVALON
2.46
2,927
2,999
2,999
AZUSA
o.60
41,313
41,562
41,562
BALDWIN PARK
1.04
69,179
69,898
69,898
BELL
2.44
34,233
35,06.8
35,068
BELLFLOWER
0.51
62,070
62,386
62,386
BELL GARDENS
1.86
42,330
43,119
43,119
BEVERLY HILLS
o.94
31,834
32,132
32,132
BRADBURY
o.60
828
833
833
BURBANK
2.25
93,282
95,382
95,382
CARSON
-0.33
84,016
83,742
83,742
CERRITOS
-0.01
53,323
53,318
53.3t8
CLAREMONT
-1.48
32,444
31,965
31,965
COMMERCE
-0.79
12,199
12,103
12,103
COMPTON
0.59
90,515
91,047
91,047
COVINA
-0.04
43,232
43,216
43,216
CUDAHY
1.36
22,658
22,966
22,966
CULVER CITY
-0.61
38,951
38,712
38,712
DIAMOND BAR
-0.28
53,746
53,596
53,596
DOWNEY
0.70
91,452
92,092
92,092
DUARTE
2.20 1
20,426
20,876
20,876
EL MONTE
2.40
105,912
108,453
108,453
EL SEGUNDO
-0.17
15,250
15,224
15,224
GARDENA
5.06
49.771
52,288
52,288
GLENDALE
2.18
178,671
182,566
182,566
GLENDORA
0.27
47,828
47,959
47,959
HAWAIIAN GARDENS
1.59
13,556
13,772
13,772
HAWTHORNE
2.59
71,059
72,897
72,897
HERMOSA BEACH
0.58
18,180
18,286
18,286
HIDDEN HILLS
5.27
1,707
1,797
1,797
HUNTINGTON PARK
3.60
55.598
57,600
57,600
EXCLUSIONS INCLUDE STATE
MENTAL INSTITUTIONS,
FEDERAL
MILITARY BASES
AND STATE
AND FEDERAL PRISONS.
PAGE
0
ENCLOSURE II
ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 11 1990 DATE PRINTED
TO JANUARY 1, 1991 AND TOTAL POPULATION JANUARY 1, 1991. 04/27/91
COUNTY
CITY
POPULATION MINUS EXCLUSIONS
POPULATION
ANNUAL
PERCENT CHANGE
1990 TO 1991 1-1-90 1-1-91
TOTAL
POPULATION
1-1-91
LOS ANGELES
SAN GABRIEL
1.17
' 37,111
;7,546
37,546
SAN MARINO
-0.41
12,997.
12,944
12,944
SANTA CLARITA
7.01
110,977
118,758
118,758
SANTA FE SPRINGS
-0.53
15,571
15,488
15,488
SANTA MONICA
-0.19
87,029
86,862
86,862
SIERRA MADRE
-0.47
10,861
10,810
10,810
SIGNAL HILL
-0.41
8,394
8,360
8,360
SOUTH EL MONTE
1.90
20,857
21,253
21,253
SOUTH GATE
2.47
85,677
87,789
87,789
SOUTH PASADENA
0.37
23,976
24,065
24,065
TEMPLE CITY
0.93
30,986
31,274
31,274
TORRANCE
0.06
133,408
133,489
133,489
VERNON
0.00
152
152
152
WALNUT
2.57
29,199
29,950
29,950
WEST COVINA
0.93
96,093
96,984
96,984
WEST HOLLYWOOD
-0.03
36,181
36,169
36,169
WESTLAKE VILLAGE
5.35
7,137
7,519
.7,519
WHITTIER
1.65
76,796
78,066
78,912
UNINCORPORATED
o.64
964,098
970,309
972,897
LOS ANGELES COUNTY
1.73
I
8,812,192
8,964,736
8,988,754
EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE
AND FEDERAL PRISONS.
PAGE 3
AGENDA NO.
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 12, 1991 MEETING DATE. June 18 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Sid Jalal Mousavi, City Engineer/Direc o7public Works
SUBJECT: Landscaping Assessment Districts 39 and 41
ISSUE STATEMENT
The City Council on June 4, 1991 meeting approved the Engineer's Report
relating to the City's Landscaping Assessment Districts No. 39 and 41 and set
the time and place for a hearing. This report requests that the City Council
open the hearing on the question of the levy of the proposed assessments on
assessable lots within these districts.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions and set
the assessments for Fiscal Year 1991-92 for Landscaping Districts 39 and 41.
BACKGROUND
The landscaping improvements to be maintained by Districts 39 and 41 are the
medians, parkway panel, entrance developments, slopes, and open space areas,
and appurtenant improvements which serve the Diamond Bar Hills community and
the Diamond Bar Country Community respectively. The primary benefit derived
from the maintenance of these landscape improvements are the beautification of
the open spaces which are used by all residents, and the general enhancement of
the property values within these communities. The benefits derived apply
equally to all residents and parcels of each district and therefore, it has
been determined that all taxable parcels would receive the same net assessment
within each district.
FISCAL IMPACT:
Amount Requested $ N/A
Budgeted Amount $ N/A
In Account Number: N/A
Deficit: $ N/A
Revenue Source: N/A
REVIEWED BY:
---------------------- -------------------
Robert L. Van Nort Andrew V. Arczynski
City Manager City Attorney
(Narrative continued on the next page)
Terrence L. Belanget-'
Assistant City Manager
Page Two
Landscaping Assessment Districts 39 and 41
June 13, 1991
The assessment proposed for each parcel within District 39 (Diamond Bar Hills
Community) for Fiscal Year 1991-92 is $77 which is $53 less than the 1990-91
assessment and the proposed assessment per parcel for District 41 (Diamond Bar
High Country Community) is $228 which is $52 less than the 1990-91 assessment.
RESOLUTION NO. 91-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT
NO. 41 FOR THE FISCAL YEAR 1991-92.
A. Recitals.
( i) By its Resolution No. 91- , this Council approved a report
of the City Engineer related to City of Diamond Bar Landscaping Assessment
District No. 41 prepared pursuant to California Streets and Highways Code
22623, described the improvements thereon and gave notice of and fixed the
time and place of the hearing on the question of the levy of an assessment
thereon for fiscal year 1991-92. A diagram of the area encompassed by said
assessment district is attached hereto as Exhibit "A-3".
( ii) Said hearing was duly and properly noticed, commenced at the
Board Room, Walnut Valley Unified School District, 880 South Lemon Avenue,
Diamond Bar, California on June 18, 1991 and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of the Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, the Council of the City of Diamond Bar does hereby
resolve, determine and order as follows:
1. In all respects as set forth in the Recitals, Part A, of this
Resolution.
2. The improvements specified in the report hereinabove referred
to which is on file with the City Clerk of the City of Diamond Bar are
hereby ordered to be completed.
1
3. The assessment diagram contained in the report referred to
hereinabove and the assessment of a $228.00 for each assessable lot located
within said District are hereby adopted and confirmed and said assessment
hereby is levied for the 1991-92 fiscal year.
4. This Council hereby expressly overrules any and all protests
filed objecting to the proposed improvements specified herein or the
assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor
of Los Angeles County a certified copy of this Resolution and a certified
copy of the assessment diagram contained in the report referred to
hereinabove.
ADOPTED AND APPROVED this day of
2
ayor
. 1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was introduced at a regular meeting
of the City Council of the City of Diamond Bar held on the day of
, 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:
ATTEST:
3
City Clerk of the City of
Diamond Bar
RESOLUTION NO. 91-
A RESOLUTION OF THE COUNCIL OF THE CITY OF
DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF
DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT
NO. 39 FOR THE FISCAL YEAR 1991-92.
A. Recitals.
( i) By its Resolution No. 91- this Council approved a report
of the City Engineer related to City of Diamond Bar Landscaping Assessment
District No. 39 prepared pursuant to California Streets and Highways Code
22623, described the improvements thereon and gave notice of and fixed the
time and place of the hearing on the question of the levy of an assessment
thereon for fiscal year 1991-92. A diagram of the area encompassed by said
assessment district is attached hereto as Exhibit "A-2".
( ii) Said hearing was duly and properly noticed, commenced at the
Board Room, Walnut Valley Unified School District, 880 South Lemon Avenue,
Diamond Bar, California on June 18, 1991 and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of the Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, the Council of the City of Diamond Bar does hereby
resolve, determine and order as follows:
1. In all respects as set forth in the Recitals, Part A, of this
Resolution.
2. The improvements specified in the report hereinabove referred
to which is on file with the City Clerk of the City of Diamond Bar are
hereby ordered to be completed.
1
3. The assessment diagram contained in the report referred to
hereinabove and the assessment of a $77.00 for each assessable lot located
within said District are hereby adopted and confirmed and said assessment
hereby is levied for the 1991-92 fiscal year.
4. This Council hereby expressly overrules any and all protests
filed objecting to the proposed improvements specified herein or the
assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor
of Los Angeles County a certified copy of this Resolution and a certified
copy of the assessment diagram contained in the report referred to
hereinabove.
ADOPTED AND APPROVED this day of
2
Mayor
1991.
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was introduced at a regular meeting
of the City Council of the City of Diamond Bar held on the _ day of
, 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:
ATTEST:
3
City Clerk of the City of
Diamond Bar
AGENDA N0. 11/)
CITY OF DIAMOND BAR_
AGENDA REPORT
DATE: June 12, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Jim DeStefano, Planning Dire��Z-p
SUBJECT: Review of Planning, Building and Engineering processing
fees and rates.
ISSUE STATEMENT:
Cities charge fees for processing of development permits in an attempt to recover
all or a portion of their cost to provide such services. State Law requires that
fees not exceed the estimated cost of providing the service for which the fee is
charged. The City is currently operating under a fee system utilized by the
County when Diamond Bar incorporated in 1989. An analysis of processing and
permit fees is necessary to provide a basis for revisions to more closely cover
our costs.
RECOMMENDATION:
It is recommended that the City Council adopt ordinance No. XX (1991) and
Resolution No. 91 -XX setting forth new processing fees for development services.
EXECUTIVE SUMMARY: The City consulted with Hogle-Ireland Development Consulting
Group to analyze our current development fee structure and provide recommendations
for change. The results of their report is contained within the attached Fee
Comparison Study. An Executive Summary may be found on pages 4 and 5 of the
report.
(narrative continued on next page)
FISCAL IMPACT:
Amount Requested
Budgeted Amount N/A
In Account Number:
Deficit:
Revenue source:
REVIEWED BY:
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
Several provisions of State Law govern the establishment and adoption of planning,
building and safety and city engineering fees. various sections of State Law
provide authority for cities to adopt these fees but in all cases the fees shall
not exceed the estimated reasonable cost of providing the service for which the
fee is charged. Sections 66016, 66017, and 66018 of the State Planning and zoning
Law set forth the procedure for adopting the fees.
The fees must be adopted using the public hearing process
Any fees adopted or revised will not be effective until 60 days
following final action of the City Council.
The report regarding the proposed fees shall be made available to
interested parties at least 10 days prior to the public hearing.
The review includes an analysis of the existing fees in comparison with
surrounding and like jurisdictions as well as an assessment of actual cost of each
application based on city records and documentation and interviews with city staff
and consultants as to actual time spent. Since the City does not have long term
information and documentation relating to costs, the consultants (Pacesetter)
utilized their experience with other jurisdictions in establishing actual costs.
Based upon the review, a revised fee structure has been developed to provide fees
which will more closely recompense the city for the cost of the services provided.
Care has been taken to keep the revised fee structure simple and easily
understandable to facilitate its incorporation into city procedures.
ANALYSIS:
The decision to establish fees for service involves policy choices. Should the
City subsidize the cost of services to the development community or should
developers pay their own way. Some cities consciously choose to collect less than
the cost of the services provided in order to attract development. Other cities
choose to operate as a private business where subsidy would be rare.
Currently our fee structure is based upon a set fee for processing a specific
request for service, i.e. a construction plan check, conditional use permit, or
grading plan review. While appropriate for a variety of services, set fees often
create inequities depending upon the project complexities. Therefore many cities
are utilizing established "hourly rates" for the typically more complex projects
and "flat fees" for the typically less complex projects.
The City of Diamond Bar presently charges $1,285.00 to process a CUP. This set
fee does not take into account the actual time involved but is intended to be an
average cost. The County has increased their fees and presently charges $2,235.00
to process a CUP. In reality, the time involved in processing a CUP varies
tremendously depending on the complexity of the project. One project may take
only ten hours, while a shopping center may take 100 hours. This obviously
creates inequities as to the fees charged for a specific project. The 10 hour
project is overpaying, while the 100 hour project is underpaying.
Many cities and counties are going to an "actual cost Offee system for planning and
some engineering activities using hourly costs. Upon project submittal, a deposit
is accepted and all processing time is charged against that deposit at an
established hourly rate. As the deposit approaches depletion, additional funds
are requested from the applicant. If, upon project completion, funds remain in
the deposit account, they are refunded to the applicant.
Such a system provides a way to charge costs to a project based on that project's
complexity. Additionally, it hao bccn found that in many instances the quality
of developer -submitted projects and plans improve under the "actual cost" fee
system. Developers soon find that their processing costs are less if they submit
high quality, well designed projects to the City. The hourly rate system does,
however, require additional project time and fund accounting.
BUILDING AND SAFETY FEES:
Fees for these services currently are provided as percent of construction
valuation. Pages 23 through 25 of the Study discuss the Building and Safety
Function in more detail. The consultant is advising that the City continue to use
the Los Angeles County fee format with minor adjustments. It is recommended that
the determination of valuation be based upon tables published by the International
Conference of Building Officials (ICBG) . Present and proposed fees for comparison
purposes are located on pages 26 through 34.
PLANNING FEES:
Planning Fees are based upon the County fee structure. The County fee structure
does not provide fees for all services. Planning fees are discussed within pages
12 through 18 of the Study. The consultant recommends that all projects requiring
public hearing review before the SEATAC, Planning Commission or City Council be
charged based upon an hourly rate fee of $75.00 per hour. Those projects
typically handled administratively by the staff would continue to be assessed a
set fee. Present and proposed fees for comparison purposes are contained on pages
19 through 21.
ENGINEERING FEES:
Fees for engineering services are described on pages 36 - 37. Fees currently are
based upon County ordinances and upon a percentage of the construction cost with
some set fees. Recommendations for engineering include a combination of set fees,
actual cost and hourly rates.
FISCAL IMPACT:
The proposed revision to the amount of fees charged by the City will increase
revenues. The amount or percent of the increase is unknown at this time. The
proposed fee structure and system is designed to cover the real or actual costs
associated with development processing.
PUBLIC HEARING NOTICE:
A Notice of Public Hearing was published, in accordance with Section 66017 and
66018 of the Government Code, within the San Gabriel Valley Daily Tribune and the
Inland Valley Daily Bulletin on June 7, 1991.
Attachments:
Fee Comparison Study dated May 1991
Proposed Ordinance No. XX (1991)
Proposed Resolution No. 91 -XX
RESOLUTION NO. 91 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ESTABLISHING AND ADOPTING SCHEDULES
OF RATES, FEES AND CHARGES FOR SERVICES PROVIDED
BY THE BUILDING, PLANNING AND ENGINEERING
DEPARTMENTS OF THE CITY OF DIAMOND BAR
A. Recitals.
(i) The City Council of the City of Diamond Bar has
heretofore established various schedules of rates, fees and
including, but not limited to, rates, fees and charges for the
processing of applications, issuance of permits and related public
services.
(ii) Pursuant to the provisions of the California
Constitution and the laws of the State of California, the City of
Diamond Bar is authorized to adopt and implement rates, fees and
charges for municipal services; provided, however, that such rates,
fees and/or charges do not exceed the estimated reasonable cost of
providing such services.
(iii) California Government Code Section 66017 requires
notice to be given, and data made available, at rates, fees and
charges or the adoption of new rates, fees and charges, for zoning
variances, zoning changes, use permits, building inspections,
building permits and related planning and zoning services
("development fees" sometimes thereinafter) at a public meeting of
this City Council.
(iv) California Government Code Section 66018 requires notice
to be published in accordance with California Government Code
Section 6062a and data made available concerning rates, fees and
charges prior to conducting a public hearing with respect to the
adoption of increases in rates, fees and charges or the adoption of
new rates, fees and charges for which no other procedure is
provided by law.
(v) Pursuant to California Government Code Section 66016,
this City Council has held at least one public meeting and received
oral and written presentations thereat, with respect to
"development fees" prior to the adoption of this Resolution.
(vi) Pursuant to California Government Code Section 66018,
this City Council has conducted and concluded a duly noticed public
hearing with respect to the rates, fees and charges not included
within the "development fees" described above, prior to the
adoption of this Resolution.
(vii) This City Council desires to adjust the rates, fees and
charges and to implement new rates, fees and charges for various
governmental services provided by the City of Diamond Bar as set
forth herein.
(viii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Diamond Bar as follows:
1. In all respects as set forth in the Recitals, Part A, of
this Resolution.
2. This City Council hereby finds and determines that, based
upon the data, information, analyses, oral and written
documentation presented to this City Council concerning the fees
and charges described in Exhibit "A", attached hereto and by this
reference incorporated herein, the rates, fees and charges set
forth in said Exhibit "A" do not exceed the estimated reasonable
cost of providing the service for which the rate, fee or charge is
levied.
3. The rates, fees and charges set forth in Exhibit "A", as
further described below, hereby are adopted and approved as the
rates, fees and charges for the services identified for each such
rate, fee and/or charge.
4. The rates, fees and charges set forth in Exhibit "A" and
each of them, shall be effective and shall be implemented
commencing August 19, 1991.
5. Immediately upon the effective date of the rates, fees
and charges set forth in Exhibit "A" inclusive, any previously
established rate, fee and/or charge shall be, and the same hereby
is, superseded by the rates, fees and charges established in said
Exhibit "A".
1991.
PASSED, APPROVED AND ADOPTED this day of ,
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved
and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on day of 1991, by the
following Roll Call vote:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
ABSTAINED: COUNCILMEMBERS -
ATTEST:
LYNDA BURGESS, City Clerk
City of Diamond Bar
ravrtrWID'" no . '-� pr
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 12, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Jim DeStefano, Planning Direc "P
SUBJECT% Extension of Ordinance No. 9-A 1((1901) pertaining
to freestanding signs.
ISSUE STATEMENT:
Ordinance No. 9-A (1990) pertains to certain provisions of Title 22 of the Los
Angeles County Code regarding freestanding signs in excess of 6 feet in height
and/or with a sign face area in excess of 35 square feet. The Interim Ordinance
is scheduled to expire on June 19, 1991 unless extended by the Council.
RECOMMENDATION•
It is recommended that the City Council adopt Ordinance No. 9-B (1990) extending
the interim freestanding sign provisions.
BACKGROUND:
On June 19, 1990, pursuant to the requirements of California Government Code
Section 65858 the City Council adopted Ordinance No. 9 (1990). The interim zoning
regulations prohibit the installation of freestanding signs in excess of six (6)
feet in height and/or sign area in excess of thirty-five (35) square feet. The
City Council directed the City Staff to initiate efforts to formulate specific
amendments to the Zoning Ordinance pertaining to signs.
On July 17, 1990 the Council extended Ordinance No. 9 to June 19, 1991. An
extension of the Ordinance may be permitted for an additional, and final, period
of up to one year.
(narrative continued on next page)
FISCAL IMPACT:
Amount Requested
Budgeted Amount
In Account Number:
T%-04 -0 i .
N/A
City Manager a�vL
City Attorney
caavc aay..a
Assistant City Manager
The City Staff has initiated efforts to formulate specific amendments to the sign
provisions contained within the Zoning Ordinance. The goal of the amendments is
to create a unified and balanced plan of development pertaining to signs,
including freestanding signs, resulting in comprehensive signage policies for the
city. The Planning Commission has concluded several public hearings and has
forwarded its recommendation to adopt comprehensive sign policies and standards.
The sign regulations are currently under review before the City Council and cannot
be completed prior to the expiration of Ordinance 9-A (1990).
Applications for freestanding signs, the approval of which would not conform to
the contemplated General Plan or provide adequate local review, continue. The
extension of the Ordinance will permit the interim standards to remain in place
until the adoption of new comprehensive sign provisions. The expiration of the
interim regulations will permit the installation of freestanding signs in excess
of six (6) feet in height and/or thirty-five (35) square feet in sign area.
In accordance with Government Code Section 65850 a report on actions taken
following the adoption of ordinance 9 (1990) and 9-A (1990) is attached.
PUBLIC BEARING NOTICE:
A Notice of Public Hearing was published, in accordance with Section 65090 and
65858, within the San Gabriel Valley Daily Tribune and the Inland Valley Daily
Bulletin on June 7, 1991.
Attachments:
Report on Actions Taken Following Adoption of Ordinance 9 (1990) and 9-A
(1990)
Proposed Ordinance No. 9-B (1990)
REPORT ON ACTIONS TAKEN FOLLOWING ADOPTION
OF ORDINANCE NO. 9 (1990) AND 9-A (1990)
Pursuant to the requirements of California Government
Code Section 65858 (d), and at the direction of the City Council
of the City of Diamond Bar, the following constitutes a written
report of the City Council concerning those measures taken to
alleviate the conditions which led to the adoption of Ordinance
No. 9 (1990) and 9-A (1990).
1. On June 19, 1990, the City Council of the City of
Diamond Bar adopted its Ordinance No. 9 )1990) entitled "An
Ordinance of the City Council of the City of Diamond Bar,
Adopting an Interim zoning Ordinance Pursuant to California
Government Code Section 65858 (b) and Making Findings in Support
Thereof." Said Ordinance No. 9 (1990) adopted interim zoning
regulations, effective for no longer than forty-five (45) days,
prohibiting the installation of freestanding signs in excess of
six (6) feet in height and/or with a sign area in excess of
thirty-five (35) square feet in all zones within the City.
Pursuant to the requirements of said Section 675858, Ordinance
No. 9 (1990) was adopted by the City Council upon its finding
that approvals of such development applications within the City
would result in an immediate threat to public health, safety or
welfare.
2. On July 17, 1990, the City Council adopted its
ordinance No. 9-A (1990) entitled "An Ordinance of the City
Council of the City of Diamond Bar Extending the Term of an
Interim Zoning Ordinance, Ordinance No. 9-A (1990) Pursuant to
the Provisions of California Government Code Section 65858 and
Making Findings In Support Thereof." Said ordinance extended the
interim zoning regulations.
3. Pursuant to California Government Code Section
65858 (b), ten (10) days prior to the expiration of any interim
ordinance, or any extension thereof adopted pursuant to the terms
of said section, the City Council shall issue a written report
describing the measures taken to alleviate the condition which
led to the adoption of such interim zoning ordinance.
4. On Junei8, 1991, at a meeting of the City Council
of the City of Diamond Bar, the City Council was presented with
an oral staff report concerning the measures taken to alleviate
the conditions which prompted the adoption of said Ordinance No.
9 (1990) and 9-A (1990). At said meeting and following said
staff report, the City Council authorized and directed staff to
prepare a written report concerning the actions taken following,
and relative to, the adoption of Ordinance No. 9 (1990) and 9-A
(1990).
ACTIONS TAKEN
Following the adoption of Ordinance No. 9 (1990) and 9-
A (1990), the following actions have been taken relative to the
interim zoning regulations:
1. At the express request and direction of the City
Council, the City Staff initiated efforts to formulate specific
amendments to the City's Zoning Ordinance. The goal of such
Zoning Ordinance amendments is to create a unified and balanced
plan of development pertaining to signs, including freestanding
signs, for the City of Diamond Bar which will eventually result
in the establishment of permanent and comprehensive signage
policies for the City.
2. The City Council directed that such Zoning
Ordinance study emphasize the formulation of the sign provisions
thereof. The preparation thereof will provide the necessary
guidelines for long-term development in the City. Moreover, the
contemplated amendments to the Zoning Ordinance will permit the
comprehensive review, together with public input, of applications
for freestanding signs. With the adoption of the amendments to
the Zoning Ordinance, the City Council would consider the earlier
repeal of Ordinance No. 9 (1990).
3. The City Planning Commission has reviewed and
recommended City Council approval of new sign regulations. Said
sign regulations are currently pending before the City Council.
dated June 1991 By
J es DeStefalno
Planning Dire for
ORDINANCE NO. 9-B (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM
ZONING ORDINANCE, ORDINANCE NO. 9-A (1990)
PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title
22 shall be referred to as "the Zoning Ordinance.")
(ii) On June 19, 1990, pursuant to the provisions of
California Government Code Section 65858 (a), this City Council
adopted its Ordinance No. 9 (1990) adopting interim zoning
regulations pertaining to freestanding signs in excess of six (6)
feet in height and/or in excess of thirty-five (35) square feet
within all zones.
(iii) Pursuant to the provisions of California
Government Code Section 65858 (d) this City Council issued its
written report describing the measures taken to alleviate the
conditions which led to the adoption of Ordinance No. 9 (1990) at
least ten (10) days prior to the expiration of Ordinance No. 9
(1990).
(iv) A duly noticed public hearing as required by
California Government Code Section 65858(a) was conducted and
concluded prior to the adoption of Ordinance 9 (1990).
(v) On July 17, 1990, pursuant to the provisions of
California Government Code Section 65858 (a), this City Council
adopted its Ordinance No. 9-A (1990) extending interim zoning
regulations pertaining to freestanding signs in excess of six (6)
feet in height and/or in excess of thirty-five (35) square feet
within all zones.
(vi) Pursuant to the provisions of California Government
Code Section 65858 (d) this City Council issued its written report
describing the measures taken to alleviate the conditions which led
to the adoption of Ordinance No. 9-A (1991) at least ten (10) days
prior to the expiration of Ordinance No. 9-A (1991)
(vii) A duly noticed public hearing as required by
California Government Code Section 65858(a) was conducted and
concluded prior to the adoption of this Ordinance.
(viii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. The City Council hereby specifically finds
that all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. The City Council hereby finds and determines
K
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15305 of Division 6 of Title 14 of the
California Code of Regulations.
Section 3. The City Council finds and determines that
the development of proposed amendments to the Zoning Ordinance are
continuing; however, such development of amendments to the Zoning
Ordinance cannot be completed prior to the expiration of Ordinance
No. 9-A (1990).
Section 4. The City Council hereby specifically finds
that there are presently pending applications for freestanding
signs in excess of six (6) feet in height and/or in excess of
thirty-five (35) square feet, the approval of which would
contradict the ultimate goals and objectives of the General Plan
and would not be subject to adequate local review under the
provisions of the Zoning Ordinance unless Ordinance No. 9-A (1990)
is extended and, further, that the approval of any such
freestanding signs under the current provisions of the Zoning
Ordinance would result in an immediate threat to the public health,
safety or welfare of persons and property within the City of
Diamond Bar.
Section 5 Ordinance No. 9 (1990) of the City of Diamond
Bar, as heretofore enacted under the authority of California
Government Code Section 65858(a), hereby is extended and shall be
of no further force and effect as of the 19th day of June, 1992
unless repealed by the City Council upon its adoption of the
3
proposed amendments to the Zoning Ordinance pertaining to signs.
Section 6. This Ordinance hereby is declared to be an
urgency measure pursuant to the terms of California Government Code
Sections 65858(a) and 36937(b), and this Ordinance shall take
effect immediately upon adoption.
Section 7. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posed in three ( 3 )
public places within the City of Diamond Bar pursuant to the
provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this JM= day of fie, 1991
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the City Council of the City of Diamond Bar held
on the 18th day of June, 1991, and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the
'day of VMM, 1991, by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
4
AGENDA NO. 2
CITY OF DIAMOND BAR
AGENDA REPORT
DATE: June 11, 1991 MEETING DATE: June 18, 1991
TO: Honorable Mayor and Members of the City Council
VIA: Robert L. Van Nort, City Manager
FROM: Jim DeStefano, Planning Direc'
SUBJECT: Tentative Minor Land Division No. 22102
ISSUE STATEMENT•
The applicant, Bryan A. Stirrat & Associates, is requesting approval of a minor
subdivision to create two (2) parcels on a 4.38 acre site located at 1575 S.
Valley Vista Drive.
RECOMMENDATION:
It is recommended that the City Council take no action on the request and refer
the project to the City Staff for further analysis.
BACKGROUND AND ANALYSIS:
Bryan Stirrat and Associates, on behalf of Specialty Equipment Market Associations
(SEMA) has filed an application for approval of a Tentative Minor Land Division
(TPM 22102) in order to subdivide a 4.39 acre site into two(2) parcels. Lot 1 is
proposed to contain 157,600 square feet (3.62 acres). Lot 2 will occupy 33,700
square feet (.77 acres). The property is located within the Gateway Corporate
Center and is zoned Commercial Manufacturing -Billboard Exclusion -Unilateral
Contract (CM -BE -UC). All properties surrounding the site are zoned CM -BE -UC and
are vacant.
Staff and the City Attorney have concerns regarding the appropriateness ,and
ability to enforce conditions placed upon the tentative map. Upon conclusion of
additional staff analysis the request will be readvertised and renoticed for City
Council consideration.
(narrative continued on next page)
FISCAL IMPACT:
Amount Requested
Budgeted Amount N/A
In Account Number:
Deficit:
Revenue Source:
REVIEWED BY: devwt� V
Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger
City Manager City Attorney Assistant City Manager
Im
PUBLIC HEARING NOTICE:
A Notice of Public Hearing was published, within the San Gabriel Valley Daily
Tribune and the Inland Valley Daily Bulletin on June 7, 1991. Public hearing
notices were mailed to 3 property owners of record surrounding the site on
June 7, 1991.
FISCAL IMPACT:
The project generates no fiscal impact on the City.
Attachments:
Exhibit "a" - Tentative Map No. 22102