HomeMy WebLinkAbout08/20/1991Incorporated April 18, 1989
city of Uiamona Bar, California
CITY COUNCIL
AGENDA
REGULAR MEETING
Mayor - John A. Forbing
Mayor Pro Tem - Jay C. Kim
Councilwoman - Phyllis Papen
Councilman - Gary H. Werner
Councilman - Donald C. Nardella
City Council Chambers
are located at:
Walnut Valley Unified School District Board Room
880 South Lemon Avenue
Please refrain from smoking, eating or drinking in the Council Chambers.
MEETING DATE: AUGUST 20, 1991
MEETING TIME: 4:00 p.m. AQMD TOUR
5:00 p.m. CLOSED SESSION
6:00 p.m. REGULAR SESSION
Robert L. Van Nort
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
Copies of staff reports or other written documentation relating to each item referred to on this agenda are on.
file In the Office of the City Clerk and are available for public inspection. If you have questions regarding any
agenda item contact the City Clerk at 860-2489 during business hours.
City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
THIS MEETING IS BEING TAPED BY JONES INTERCABLE FOR
AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TAPED. ALL
COUNCIL MEETING TAPES WILL BE BLACKED IMMEDIATELY
AFTER AIRING AND WILL BE UNAVAILABLE FOR REPRODUCTION.
4:00 p.m. - AQMD Construction Site Tour
5:00 p.m. - CLOSED SESSION
Litigation - Government Code Section 54956.9
Personnel - Government Code Section 54957.6
Next Resolution No. 59
Next Ordinance No. 6 (1991)
1. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR FORBING
ROLL CALL: COUNCILMEN WERNER, NARDELLA, PAPEN,
MAYOR PRO TEM KIM, MAYOR FORBING
2. 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.
3. 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 of matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
the City Clerk (completion of this form is voluntary). There
is a five minute maximum time limit when addressing the City
Council.
4. CONSENT CALENDAR:
4.1 SCHEDULE OF FUTURE MEETINGS:
4.1.1 PARKS & RECREATION COMMISSION - August 22,
1991 - 7:00 p.m., Community Room, 1061 S.
Grand Ave.
4.1.2 PLANNING COMMISSION - August 26, 1991 - 7:00
p.m. - W.V.U.S.D. Board Room, 880 S. Lemon
Ave.
4.1.3 LAST CONCERT IN THE PARK FOR 1991 - August 28,
61991 - "Mississippi Mudders" - 6:30 p.m. to
8:00 p.m., Sycamore Canyon Park
4.1.4 LABOR DAY HOLIDAY - CITY HALL OFFICES CLOSED -
Monday, September 2, 1991
4.1.5 CITY COUNCIL MEETING - September 3, 1991 -
6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon
Ave.
AUGUST 20, 1991 PAGE 2
CONSENT CALENDAR (CONT'D.)
4.1.6 TRAFFIC & TRANSPORTATION COMMISSION
September 12, 1991 - 6:30 p.m. - Community
Room, 1061 S. Grand Ave.
4.2 APPROVAL OF MINUTES -
4.2.1 REGULAR MEETING OF AUGUST 6, 1991
4.3 WARRANT REGISTER - Approve Warrant Register dated August
20, 1991 in the amount of $82,593.14.
4.4 APPROVE TREASURER'S REPORT - Month of June, 1991.
4.5 REGULATIONS & NEW FORMATS FOR CITY COUNCIL AGENDA REPORTS
- Pursuant to City Council request.
Recommendation: Direct staff as necessary.
5. PRESENTATIONS:
5.1 STATUS REPORT REGARDING BANNER SIGNS - Parks &
Maintenance Director Charles Janiel to present verbal
report.
5.2 CERTIFICATES OF RECOGNITION - Diamond Bar High School
Girls Dance in recognition of their winning the World
Championship Dance competition.
6. OLD BUSINESS:
6.1 SECOND READING ORDINANCE NO. 4 (1991) - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 91-2
(1991) CONCERNING PROPERTY GENERALLY LOCATED AT AND
IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, DIAMOND BAR,
CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME
ON BEHALF OF THE CITY OF DIAMOND BAR - First Reading held
August 6, 1991. To permit a self-service gas station, an
automated car wash, a six bay automotive detail facility,
an office and a restaurant.
Recommended Action: Approve for Second Reading by title
only and adopt Ordinance No. 5 (1991) approving
"Development Agreement No. 91-2 (1991).
6.2 POLITICAL SIGN ENFORCEMENT POLICY - The City does not
currently have a policy to guide the placement and
removal of political signs. The purpose of the report is
to discuss a policy to be utilized during the upcoming
municipal election.
Recommended Action: Approve the enforcement policy and
direct staff as necessary.
AUGUST 20, 1991 PAGE 3
OLD BUSINESS (CONT'D.)
6.3 RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING
REQUIREMENTS AND STANDARDS RELATING TO THE SEPARATE
COLLECTION OF RECYCLABLE MATERIALS FROM RESIDENCES,
COMMERCIAL PREMISES, AND INSTITUTIONS WITHIN THE CITY OF
DIAMOND BAR - Assembly Bill 939 requires the City to
maximize the use of all feasible source reduction,
recycling and composting options in order to reduce the
amount of solid waste that must be disposed of in land-
fill by 25% by 1995. Pursuant to the City Council's
direction, staff has prepared a draft Resolution
establishing requirements and standards relating to the
separate collection of recyclable materials. The purpose
of the proposed Resolution is to institute a comprehen-
sive recycling program for residential, commercial and
institutional generators which is designed to achieve an
estimated combined diversion potential of 15% in the
short-term planning period.
Recommended Action: Adopt Resolution No. 91 -XX
establishing requirements and standards for separate
collection of recyclable materials and take public
testimony on the proposed programs contained within.
7. NEW BUSINESS
7.1 ORDINANCE NO. XX (1991) - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR REPEALING THE ENTIRETY
OF TITLE 27 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE
ADOPTED AND ADDING A NEW TITLE 27 ADOPTING, BY REFERENCE,
THE "NATIONAL ELECTRICAL CODE," 1990 EDITION, WITH
CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS,
INCLUDING FEES AND PENALTIES - Pursuant to Title 24 of
the California Administration Code, local jurisdictions
shall adopt the most recent codes published and adopted
by the State. The 1990 National Electrical Code was
adopted by the State in January 1991, which mandated that
the local jurisdictions adopt the Code within one year.
Recommended Action: Approve first reading by title only
for Ordinance No. XX (1991) adding a new Title 27
adopting, by reference, the "National Electric Code, 1990
Edition" and direct staff to schedule a Public Hearing
and second reading for September 17, 1991.
8. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the
matters can be heard.
8.1 CONTINUED PUBLIC HEARING AND SECOND READING OF ORDINANCE
NO. 5 (1991) AND CONSIDERATION OF ORDINANCE NO. 5A (1991)
- The City Council approved first reading of new sign
regulations for all sign types except freestanding
monument signs. On August 6, 1991, the Council directed
AUGUST 20, 1991 PAGE 4
that staff prepare alternatives to the proposed Code
regarding monument signs for Council consideration.
Recommended Action: Reopen the Public hearing; accept
testimony pertaining to freestanding monument signs;
provide direction to staff as appropriate; approve for
Second Reading by title only and adopt Ordinance No. 5
(1991); and approve for First Reading by title only
Ordinance No. 5A (1991) amending Ordinance No. 5 (1991).
9. ANNOUNCEMENTS:
10. ADJOURNMENT:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO. 6,2 --
DATE:
TO:
City-7C—jerk
FROM:ADDRESS:
ORGANIZATION:
SUBJECT:
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I expect to address the Council
on the subject
agenda item. Please have the
Council Minutes
reflect my
name and address as
written ove.
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. (p,2
DATE :�
TO: City Clerk
FROM: f Ik (—Pt7Z
ADDRESS : 2-130Iq 6�)k� L %P2��
ORGANIZATION: /2
SUBJECT: ,�tyy� O L/k(
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written Bove.
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. C.2 -
DATE: /� (,/C- 2-0 l %9/
TO: City Clerk
FROM: 1,q C I(J U,41 %' / L � d4
ADDRESS: ') 3 y 5 2 67o4 -D Rti
ORGANIZATION:
SUBJECT: f JLI! IC/41- S16P f--/uFoRcfM&Nf PaLlC
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:
TO: City Clerk
FROM:
ADDRESS:
ORGANIZATIO • U
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address ritten above.
S ictnature -
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: A o c 20
TO: City Clerk /� n
FROM: � ( l i (1/
ADDRESS: 2 3 %5 Cr-OLy F4/ $PR.G,r D Q PAR G%l
ORGANIZATION:
SUBJECT: )All
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address 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 CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE:
TO: City Clerk
FROM:
ADDRESS: /� �ThIV ,� �� �Z, D. 13,
ORGANIZATION:
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as jwritten 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. 3
DATE: AU l3 2 Q
TO: City Clerk
FROM: ..AL R0,442 I L L.4
ADDRESS: 2 Lb -3 e0LP&1 SPRr,�Gr l 14,4ro,Il� 13,14 CA `Il�CS
ORGANIZATION:
SUBJECT: P0eLIC CdMMf.Ne,S
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
ianature
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.
CITY OF DIAMOND BAR
AGENDA REPORT
TO: Robert L. Van Nort, City Manager
MEETING DATE: August 20, 1991 REPORT DATE: August 14, 1991
FROM: Jim DeStefano, Community Development Director
AGENDA NO. , 1
TITLE: Second Reading of Ordinance No. 4-1991 regarding Development Agreement 91-2
SUMMARY: The City Council is considering approval of the second reading and adoption of Ordinance
No. 4 (1991)
RECOMMENDATION:
Approve the second reading and adopt Ordinance #4 (1991).
AN ORDINANCE OF THE CITY COUNCIL OF THE .CITY OF DIAMOND BAR APPROVING THAT
DOCUMENT ENTITTLED "DEVELOPMENT AGREEMENT NO. 91-2 (199 1) CONCERNING PROPERTY
GENERALLY LOCATED AT AND IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, DIAMOND BAR,
CALIFORNIA" AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE
CITY OF DIAMOND BAR.
LIST OF ATTACHMENTS:_ Staff Report
_ Resolution(s)
Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed X Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments:
ENGINEERING DEPARTMENT
"tel IJU MlIt f, �G Z �t� A , k_qll
Robert L. V n orterrence L. Belanger
City Manager Assistant City Manager
JaWes DeStefano
Community Devel pment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 20, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Second Reading of Ordinance No. 4-1991 regarding Development
Agreement No. 91-2
ISSUE STATEMENT:
The City Council is considering approval of the second reading and adoption
of Ordinance No. 4 (1991)
RECOMMENDATION:
It is recommended that the City Council approve second reading and adopt
Ordinance No. 4 (1991)
FINANCIAL SUMMARY:
N/A
BACKGROUND:
On August 6, 1991, the City Council at a public hearing, accepted public
testimony concerning Development Agreement No. 91-2. At this hearing, the
Council adopted Development Agreement 91-2 with conditions modified and
approved the first reading of Ordinance No. 4 (1991) by title only.
Attached to this staff report is the Development Agreement 91-2 with modified
conditions, Exhibits A-1, A-2, A-3, B-1, B-2, C-1, C-2, D-1, D-2 and E, and
Ordinance #4 (1991).
DISCUSSION:
PREPARED BY:
Ann J. Lungu, Planning Technician
F:\WP511WOMI AGENDAWGE-RFLFRM
Pt-1XHIk5Ifi "A
Recorded At the Request
Of And When Recorded
Mail To:
Lynda Burgess
City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
DEVELOPMENT AGREEMENT NO. 91-2 CONCERNING PROPERTY
LOCATED AT 22000 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA
THIS AGREEMENT is made and entered into as of the
"Effective Date" set forth herein by and between BIG DIAMOND BAR,
a California Partnership, and TORAH DEVELOPMENT AND CONSTRUCTION,
a California Sole Proprietorship, ("Developertf hereinafter
collectively) and the CITY OF DIAMOND BAR, a municipal
corporation organized and existing under the laws of the State of
California ("City").
W I T N E S S E T H•
A. Recitals.
(i) California Government Code Sections 65864, et seq.
authorize cities to enter into binding development agreements
with persons having legal or equitable interests in real property
for the development of such property.
(ii) Developer owns all interest in and to that real
property located entirely within City, the common and legal
description of which is set forth in Exhibit "A", dated 7-31-91
attached hereto and incorporated herein,by this reference and
hereinafter is referred to as "the Site."
(iii) The Site is now zoned C -2 -B-E (Neighborhood
Business, Billboard Exclusion Zone) pursuant to the provisions of
City's Zoning Ordinance and Zoning Map, as amended to date
hereof. Developer and City desire to provide through this
Development Agreement more specific development controls on the
Site which will provide for maximum efficient utilization of the
Site in accordance with sound planning principles.
(iv) On , 1991, City adopted its
Ordinance No. , thereby approving this Development
Agreement with Developer and said Ordinance was effective on
, 1991.
B. Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context
otherwise requires, the following terms shall have the following
meaning:
a. "City" is the City of Diamond Bar.
b. "Developer" is BIG DIAMOND BAR, a California
Partnership, and TORAN DEVELOPMENT AND CONSTRUCTION,
a California Sole Proprietorship, or any assignee
thereof.
C. "Development Plan" are those plans and specifications
attached hereto, marked as Exhibits "A-111, "A-211,
"A-311, "B-111, "B-211, "C-111, "C-211, "D-111, and "D-211,
and incorporated herein by this reference, and
comprised of the documents including, but not limited
to, landscape plan, a site plan and architectural
elevations, stamped "Dated, 7-31-91." The
Development Plan attached hereto includes various
conditions of approval set forth in Exhibits "A-111,
"A-211, "A-319, "B-111, "B-211, "C -11f, "C-211, "D-111,
and "D-211, hereto which are not changed, altered or
modified by this Development Agreement unless
specifically set forth herein. The project also
includes the records of applications by Developer, the
proceedings before the Planning Commission and City
Council, and all such records and files in these
matters are incorporated herein by this reference as
though set forth in full.
d. "Project" is that development approved for the Site as
provided in this Development Agreement comprised of a
automated car wash, six bay automotive detail facility,
corporate offices for the developer and restaurant,
all as reflected in the Development Plans attached
hereto as Exhibits "A-111, "A-211, "A-311, "B-101, "B-211,
"C -1", "C-2" "D-1" and "D-2" and the conditions set
forth in Exhibits "E".
e. "Effective Date" shall mean the 31st calendar day
following adoption of the ordinance approving this
Agreement by City's City Council.
f. "Restaurant Pad" shall mean that portion of the Site
identified on the development plans.
2. Recitals. The Recitals are part of the agreement between
the parties and shall be enforced and enforceable as any other
provision of this Agreement.
3. Interest of Property Owner. Developer warrants and
represents that it has full legal title to the Site, that it has
full legal right to enter into this Agreement and that the
persons executing this Agreement on behalf of Developer are duly
authorized to do so and thereby bind DEVELOPER to the terms and
conditions of this Agreement.
4. Binding Effect of Agreement. Developer hereby subjects the
Project and the land described in Exhibits "A-111, "A-211, "A-311,
"B-111, "B-211, "C-111, "C-211, "D-111, and "D-211, hereto to the
covenants, reservations and restrictions as set forth in this
Agreement. The City and the Developer hereby declare, represent
and warrant that their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding
upon Developer's successors and assigns in title or interest to
the Project. Each and every contract, deed or other instrument
hereinafter executed, covering or conveying the Project or any
portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement, regardless of whether
such covenants, reservations and restrictions are set forth in
such contract, deed or other instrument.
City and Developer hereby declare their understanding
and intent that the burden of the covenants, reservations and
restrictions set forth herein touch and concern the land in that
the Developer's legal interest in the Project is rendered less
valuable thereby. The City and Developer hereby further declare
their understanding and intent that the benefit of such covenants
touch and concern the land by enhancing and increasing the
enjoyment and use of the Development by Developer and the future
occupants of the Project, the intended beneficiaries of such
covenants, reservations and restrictions, and by furthering the
public purposes for which this Agreement is adopted. Further,
the parties hereto agree that such covenants, reservations and
restrictions benefit all other real property located in the City
of Diamond Bar, provided, however, that only City shall be
entitled to enforce the provisions hereof pursuant to paragraph
16, below.
5. Relationship of Parties. It is understood that the
contractual relationship between City and Developer is such that
Developer is an independent party and is not the agent of City
for any purpose whatsoever and shall not be considered to be the
agent of City for any purpose whatsoever.
3
6. Term of Agreement. The term of the Agreement shall commence
on the effective date and shall expire on December 31, 2016, so
long as Developer remains in material compliance with this
Agreement, as from time to time amended.
7. Construction. Developer shall complete construction work
for the Project on the Site, and all phases thereof, including,
but not limited to, landscaping and all off-site improvements,
pursuant to a building permit or permits issued by City within
three (3) years following the Effective Date. Notwithstanding
any other term or provision of this Agreement, Developer shall
complete rough grading of the Site, in accordance with approved
grading plans, within eighteen (18) months of the effective date.
Subject to the provisions of paragraph 28 hereinbelow, the
failure to construct the Project shall cause this Agreement to be
void and of no further force and effect; provided, however, that
completion of the car wash portion of the Project, together with
all required off-site improvements and perimeter landscaping
requirements, and compliance with the terms of this Agreement
pertaining to the car wash portion shall not render this
Agreement void as to the car wash portion.
S. Transfers. Assignment and Encumbrances. Developer shall
have the right to sell, lease, ground lease, mortgage,
hypothecate, assign or transfer all or any portion of this Site
(as may be subsequently subdivided), to any person or entity at
any time during the term of this Development Agreement. Any such
transfer shall be deemed to include an assignment of all rights,
duties and obligations created by this Development Agreement with
respect to all or any portion of the Site. The assumption of any
or all of the obligations of Developer under this Agreement
pursuant to any such transfer shall relieve Developer, without
any act or concurrence by the City, of its legal duty to perform
those obligations except to the extent that Developer is in
default with respect to any and all obligations at the time of
the proposed transfer.
9. General Standards and Restrictions Pertaining to Development
of the Site. The following specific restrictions shall apply to
the use of the Site pursuant to this Development Agreement:
a. Developer shall have the right to develop the Project
on the Site in accordance with the terms and conditions
of this Agreement and City shall have the right to
control development of the Site in accordance with
the provisions of this Agreement.
b. The density and intensity of use, the uses allowed, the
size of proposed buildings, provisions for the
reservation or dedication of land for public purposes,
the maximum height of proposed buildings and location
of public improvements, together with other terms and
4
conditions of development applicable to the Site, shall
be as set forth in this Development Agreement and the
attached Development Plan.
10. Effect of City Regulations on Development of Project.
Except as expressly provided in this Development Agreement, all
substantive and procedural requirements and provisions contained
in City's ordinances, specific plans, rules and regulations,
including, but not limited to, the Zoning Ordinance, in effect as
of the effective date of this Development Agreement, shall apply
to the construction and development of the Site.
a. The provisions of this paragraph 10 shall not preclude
the application to the development of the Site those
changes in City ordinances, regulations, plans or
specifications which are specifically mandated and
required by changes in state or federal laws or
regulations as provided in California Government Code
Section 65869.5 or any successor provision or
provisions.
b. The payment of fees associated with the construction
of the Project, including land use approvals,
development fees, building permits, etc., shall be
pursuant to those fees in effect at the time
application is made for such approvals or permits.
C. City may apply any and all new ordinances, rules,
regulations, plans and specifications to the
development of the Site after the effective date
provided such new rules and regulations do not
conflict with the terms of this Development
Agreement as of the effective date.
d. Nothing herein shall prevent the application of
health and safety regulations (i.e., fire,
building, seismic, plumbing and electric codes)
that become applicable to the City as a whole.
11. Permitted Uses. Those uses allowed on the Site shall be as
follows:
a. Permitted Uses.
1. Sales.
Art Galleries.
Art supply stores.
Automobile service stations, limited to automobile
accessories and facilities necessary to
dispensing petroleum products only.
Automobile supply stores.
M
Automobile washing, waxing and polishing, car
washes.
Bakery Shops, including baking only when
incidental to retail sales from the premises.
Bookstores.
Confectionery or candy stores, including making
only when incidental to retail sales from
the premises.
Delicatessens.
Florist shops.
Gift shops.
Hobby supply stores.
Ice cream shops.
Jewelry stores.
Leather goods stores.
Notions or novelty stores.
Photographic equipment and supply stores.
Silver shops.
Sporting goods stores.
Stationery stores.
Tobacco shops.
Toy stores.
2. Services.
Barber shops.
Beauty shops.
Bicycle rentals.
Locksmith shops.
Offices, business or professional.
Photography studios.
Shoe repair shops.
Tailor shops.
Watch repair shops.
b. Uses Requiring Conditional Use Permit.
Restaurants and other eating establishments.
C. City Council Approval of Uses.
Each use which requires the approval of a
Conditional Use Permit shall, prior to City
acceptance of such application, be reviewed
and approved by the City Council. The
Council's review shall consider, among other
factors, the reputation of restaurant, the
experience of the operator and the design of
the proposed facility.
12. Annual Review. During the term of this Development
Agreement, City shall annually review the extent of good faith
6
compliance by Developer with the terms of this Development
Agreement. Developer shall file an annual report with the City
indicating information regarding compliance with the terms of
this Development Agreement no later than March 15 of each
calendar year.
13. Indemnification. Developer agrees to, and shall, hold City
and its elected officials, officers, agents and employees
harmless from liability for damage or claims for damage for
personal injuries, including death, and claims for property
damage which may arise from the direct or indirect operations of
Developer or those of his contractor, subcontractor, agent,
employee or other person acting on his behalf which relate to the
construction and operation of the Project. Developer agrees to,
and shall, defend City and its elected officials, officers,
agents and employees with respect to actions for damages caused
or alleged to have been caused by reason of Developer's
activities in connection with the Project. This hold harmless
provision applies to all damages and claims for damage suffered
or alleged to have been suffered by reason of the operations
referred to in this Development Agreement regardless of whether
or not the City prepared, supplied or approved the plans,
specifications or other documents for the Project.
14. Amendments. This Agreement may be amended or canceled, in
whole or in part, only by mutual written consent of the parties
and then in the manner provided for in California Government Code
Sections 65868, et seq., or their successor provisions.
15. Minor Amendments to Development Plan. Upon the written
application of Developer, minor modifications and changes to the
Development Plan may be approved by the Director of Community
Development pursuant to the terms of City's Zoning Ordinance.
16. Enforcement. With the sole exception of the provisions set
forth in paragraph 28, in the event of a default under the
provisions of this Agreement by Developer, City shall give
written notice to Developer (or its successor) by registered or
certified mail addressed at the address stated in this Agreement,
and if such violation is not corrected to the reasonable
satisfaction of City within sixty (60) days after such notice is
given, or if not corrected within such reasonable time as may be
required to cure the breach or default if said breach or default
cannot be cured within sixty (60) days (provided that acts to
cure the breach or default must be commenced within said sixty
(60) days and must thereafter be diligently pursued by
Developer), then City may, without further notice, declare a
default under this Agreement and, upon any such declaration of
default, City may bring any action necessary to specifically
enforce the obligations of Developer growing out of the operation
of this Development Agreement, apply to any court, state or
7
federal, for injunctive relief against any violation by Developer
of any provision of this Agreement, or apply for such other
relief as may be appropriate.
17. Event of Default. Developer is in default under this
Agreement upon the happening of one or more of the following
events or conditions:
a. If a material warranty, representation or statement
is made or furnished by Developer to City and is
false or proved to have been false in any material
respect when it was made;
b. If a finding and determination is made by City
following an annual review pursuant to paragraph 12
hereinabove, upon the basis of substantial evidence,
that Developer has not complied in good faith with
any material terms and conditions of this Agreement,
after notice and opportunity to cure as described
in paragraph 16 hereinabove; or
C. A breach by Developer of any of the provisions or
terms of this Agreement, after notice and opportunity
to cure as provided in paragraph 16 hereinabove.
18. No waiver of Remedies. City does not waive any claim of
defect in performance by Developer if on periodic review City
does not enforce this Agreement. Nonperformance by Developer
shall not be excused because performance by Developer of the
obligations herein contained would be unprofitable, difficult or
expensive or because of a failure of any third party or entity,
other than City. All other remedies at law or in equity which
are not otherwise provided for in this Agreement are available to
the parties to pursue in the event that there is a breach of this
Development Agreement. No waiver by City of any breach or
default under this Development Agreement shall be deemed to be a
waiver of any other subsequent breach thereof or default
hereunder.
19. Rights of Lenders Under this Agreement. Should Developer
place or cause to be placed any encumbrance or lien on the
Project, or any part thereof, the beneficiary ("Lender") of said
encumbrance or lien shall have the right at any time during the
term of this Agreement and the existence of said encumbrance or
lien to:
a. Do any act or thing required of Developer under this
Agreement, and any such act or thing done or performed
by Lender shall be as effective as if done by
Developer;
8
b. Realize on the security afforded by the encumbrance or
lien by exercising foreclosure proceedings or power of
sale or other remedy afforded in law or in equity or by
the security document evidencing the encumbrance or
lien (hereinafter referred to as "a trust deed");
C. Transfer, convey or assign the title of Developer to
the Project to any purchaser at any foreclosure sale,
whether the foreclosure sale be conducted pursuant to
court order or pursuant to a power of sale contained
in a trust deed; and
d. Acquire and succeed to the interest of Developer by
virtue of any foreclosure sale, whether the fore-
closure sale be conducted pursuant to a court order
or pursuant to a power of sale contained in a trust
deed.
20. Notice to Lender. City shall give written notice of any
default or breach under this Agreement by Developer to Lender (if
known by City) and afford Lender the opportunity after service of
the notice to:
a. Cure the breach or default within sixty (60) days
after service of said notice, where the default can
be cured by the payment of money;
b. Cure the breach or default within sixty (60) days
after service of said notice where the breach or
default can be cured by something other than the
payment of money and can be cured within that
time; or
C. Cure the breach or default in such reasonable time
as may be required where something other than
payment of money is required to cure the breach
or default and cannot be performed within sixty (60)
days after said notice, provided that acts
to cure the breach or default are commenced within
a sixty (60) day period after service of said
notice of default on Lender by City and are
thereafter diligently continued by Lender.
21. Action by Londer. Notwithstanding any other provision of
this Agreement, a Lender may forestall any action by City for a
breach or default under the terms of this Agreement by Developer
by commencing proceedings to foreclose its encumbrance or lien on
the Project. The proceedings so commenced may be for foreclosure
of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument
V
creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or
breach by Developer unless:
a. They are commenced within sixty (60) days after
service on Developer of the notice described herein-
above;
b. They are, after having been commenced, diligently
pursued in the manner required by law to completion;
and
C. Lender keeps and performs all of the terms,
covenants and conditions of this Agreement requiring
the payment or expenditure of money by Developer
until the foreclosure proceedings are complete or
are discharged by redemption, satisfaction or
payment.
22. Notice. Any notice required to be given by the terms of
this Agreement shall be provided by certified mail, return
receipt requested, at the address of the respective parties as
specified below or at any other such address as may be later
specified by the parties hereto:
To Developer: BIG DIAMOND BAR, a California
Partnership
c/o FRANK ARCIERO
ARCIERO & SONS, INC.
950 North Tustin Avenue
Anaheim, California 92807
TORAN DEVELOPMENT AND CONSTRUCTION,
a California Sole Proprietorship
23441 Golden Springs
Diamond Bar, California 91765
To City: City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: City Manager
23. Attorneys' Fees. In any proceedings arising from the
enforcement of this Development Agreement or because of an
alleged breach or default hereunder, the prevailing party shall
be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as may be fixed within the
discretion of the court.
10
24. Binding Effect. This Agreement shall bind, and the benefits
and burdens hereof shall inure to, the respective parties hereto
and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
25. Applicable Law. This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
26. Partial Invalidity. If any provisions of this Agreement
shall be deemed to be invalid, illegal or unenforceable, the
validity, legality or enforceability of the remaining provisions
hereof shall not in any way be affected or impaired thereby.
27. Recordation. This Agreement shall, at the expense of
Developer, be recorded in the Official Records of the County
Recorder of the County of Los Angeles within ten (10) business
days following the Effective Date.
28. Non -Development of Restaurant Pad.
If the Restaurant Pad is not fully developed with a restaurant
which is actually operating and open for business to the general
public on or before the date specified in Paragraph 7 herein,
then CITY may, at its sole option, require DEVELOPER to convey to
CITY an amount of monies equivalent to the reasonably estimated
tax revenues derived from such a restaurant use. The parties
recognize that estimation of such an amount is a difficult and
impractical process and therefore desire to establish an agreed
upon amount. The parties agree that DEVELOPER shall annually
convey to CITY, without demand by CITY, an amount equivalent to
Fifteen Thousand Dollars ($15,000.00) per year if the restaurant
is not built within thirty-six (36) months from the effective
date of this Agreement. DEVELOPER shall dispatch such monies to
the CITY not less than ten (10) business days subsequent to the
date specified in Paragraph 7 herein.
In the event DEVELOPER fails to convey such monies as may be
due to CITY, on the date such monies are due, DEVELOPER shall pay
to CITY, in addition to the overdue amount, a late charge equal
to Bank of America's then prevailing prime rate of interest per
annum plus an additional three (3) percent over such prime rate
of said overdue amount from the date such payment was due until
paid. This provision is intended to compensate CITY for all
losses, including lost interest opportunities, legal costs, and
the administrative costs involved in this matter.
At such time as the monies due, including interest, are
calculated to be 90 days in arrears then, notwithstanding any
other provision of this Agreement, the DEVELOPER shall be
conclusively deemed to be in default upon this Agreement.
DEVELOPER agrees that, notwithstanding any other remedies
available to CITY pursuant to this Agreement, including paragraph
11
16, that DEVELOPER shall cease operating the carwash facility
until such time as all monies due CITY are paid, including
interest.
IN WITNESS WHEREOF, this Agreement has been executed by
the parties and shall be effective on the effective date set
forth hereinabove.
Dated:
ATTEST:
Dated:
Dated:
CITY OF DIAMOND BAR,
a municipal corporation
By
John Forbing, Mayor
Lynda Burgess, City Clerk
City of Diamond Bar
BIG DIAMOND BAR, a California
Partnership
By: FRANK ARCIERO, Managing
General Partner
TORAN DEVELOPMENT AND CONSTRUCTION,
a California Sole Proprietorship
By: GARY D. C
12
I .
2.
MINUTES OF REGULAR MEETING DRAFT
CITY OF DIAMOND BAR
AUGUST 6, 1991
CALL TO ORDER: M/Forbing called the meeting to
order at 6:05 p.m. in the Council
Chambers, W.V.U.S.D., 880 S. Lemon
Avenue, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge
of Allegiance by C/Nardella.
ROLL CALL: Mayor Forbing, Mayor Pro Tem Kim,
Councilmen Nardella and Werner.
C/Papen arrived at 6:15 p.m.
Also present were Robert L. Van
Nort, City Manager; Terrence L.
Belanger, Assistant City Manager;
Andrew V. Arczynski, City Attorney;
James DeStefano, Director of
Community Development; Sid Mousavi,
Public Works Director/City Engineer
and Lynda Burgess, City Clerk.
COUNCIL COMMENTS: None offered.
3. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr.,
stated that since Mayor Forbing had a conflict of interest
regarding the trash issue, it was inapproriate for him to
chair the recycling and yardwaste discussion at the July 23rd
Study Session. Further, Terry Belanger, Asst. City Manager,
was inattentive to his request for the City Attorney's ruling
on the conflict of interest matter.
CA/Arczynski addressed Mr. Rumpilla's statement regarding the
conflict of interest by saying that the Ordinance discussed
was of a generic nature and had nothing to do with a
particular hauler and does not implicate any potential
conflict of interest on Mr. Forbing's part.
Frank Dursa, 2533 Harmony Hill Dr., questioned the number of
customers Admin. Analyst Troy Butz laff quoted that were signed
up for recycling by a particular hauler. He also requested
that the hauler explain to their customers that they can put
out more than their 90 or 95 gallon trash container. He
further asked how many trash trucks had been involved in
injury accidents in the City in the past 3 years.
M/Forbing stated that he was referring to damage to the
streets which requires them to be repaired more often due to
the number of trucks on the streets.
Joe Dotterer, President, California Bowmen & State Archery
Assn. requested a continuance of the Ordinance regarding the
shooting of arrows until after August 20, 1991.
M/Forbing stated that per his request, and with Council
concurrence, the matter would be continued to September 3.
AUGUST 6, 1991 PAGE 2
4. CONSENT CALENDAR: CA/Arczynski requested a 4/5 vote of
Council, pursuant to the Brown Act, verifying the need to take
action on proposed item 4.16, allocation of monies to the
Lively Senior Citizens Group, which arose after the agenda was
posted.
MPT/Kim moved, C/Nardella seconded to approve the addition of
Item 4.16 to the agenda. Motion carried unanimously.
C/Papen moved, MPT/Kim seconded to approve the Consent
Calendar with the deletion of Items 4.10 and 4.12 and the
addition of 4.16. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Werner, Nardella, Papen, MPT/Kim, M/
Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
4.1 SCHEDULE OF FUTURE MEETINGS:
4.1.1 TRAFFIC & TRANSPORTATION COMMISSION - August
8, 1991 - 6:30 p.m., Community Room, 1061 S.
Grand Ave.
4.1.2 PARKS & RECREATION COMMISSION - August 8, 1991
- 7:00 p.m., City Hall, 21660 E. Copley Dr.,
Suite 100
4.1.3 PLANNING COMMISSION - August 12, 1991 - 7:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
4.1.4 CONCERT IN THE PARK - August 14, 1991 -
"Gershwin to Phantom" - 6:30 p.m. to 8:00
p.m., Sycamore Canyon Park
4.1.5 CITY COUNCIL MEETING - August 20, 1991 - 6:00
p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave.
4.2 APPROVAL OF MINUTES
4.2.1 Approved Minutes of Regular Meeting of July
16, 1991.
4.2.2 Approved Minutes of Regular Meeting of July
23, 1991.
4.3 WARRANT REGISTER - Approved Warrant Register dated August
6, 1991 in the amount of $735,832.61.
4.4 PLANNING COMMISSION MINUTES - Received & filed Minutes of
June 27, 1991.
4.5 PARKS & RECREATION COMMISSION MINUTES -
4.5.1 Approved Minutes of Regular Meeting of June
27, 1991.
4.5.2 Approved Minutes of Regular Meeting of July
11, 1991
4.6 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM -
Authorized the City Manager to enter into a contract with
the California Transportation Commission for funding
AUGUST 6, 1991 PAGE 3
under the Environmental Enhancement and Mitigation
Program in the amount of $563,000 for planting of
approximately 5,500 trees along the CalTrans
right-of-way, for a 5 -year maintenance program; and
directed staff to implement the project.
4.7 BOND EXONERATION - STREET TREE IMPROVEMENTS - Exonerated
Bond No. 6323230 guaranteeing street tree improvements
for Tract No. 31153 in the amount of $6,560, vicinity of
Diamond Bar Blvd. and Kiowa Crest Dr.
4.8 BOND EXONERATION - ROAD IMPROVEMENTS - Exonerated Bond
No. ASI 100 067 guaranteeing road improvements for Tract
No. 42584 in the amount of $45,400, vicinity of Golden
Springs Dr. and Pomona Freeway.
4.9 AMENDED CONTRACT WITH CITY OF BREA FOR RECREATION
SERVICES - Approved the Supplemental Agreement to the
Recreation Services Agreement to include (3) additional
recreation programs: 1) Summer Tiny Tots, 2) Heritage
Youth Sports and 3) American Explorers with the City of
Brea and authorized and directed the Mayor to execute
said Supplemental Agreement.
4.11 AWARD OF CONTRACT - SIDEWALKS UNDER 60 FWY - Accepted bid
of Nobest, Inc. for construction of sidewalk on Brea
Canyon Road at SR 60 for a total contract of $9,894.40.
4.13 MEMBERSHIP OF BIG BEAR LAKE IN SCJPIA - Approved member-
ship of the City of Big Bear Lake in the SCJPIA and
authorized the Mayor to execute the consent form on
behalf of the City as the City's delegate to the
Authority.
4.14 NOTICE OF COMPLETION - Accepted work performed by Raymor
Electric Company, Inc. for signals installed at the
intersection of Golden Springs Dr. and Sunset Crossing
Rd. and authorized the City Clerk to file the proper
Notice of Completion.
4.15 NOTICE OF COMPLETION - Accepted work performed by
Intersection Maintenance Service (I.M.S.) for the signal
installed at the intersection of Grand Ave. and Shotgun
Ln. and authorized the City Clerk to file the proper
Notice of Completion.
4.16 DIAMOND BAR LIVELY SENIOR CITIZENS - Authorized an allo-
cation of $1,000 to the Diamond Bar Lively Sr. Citizens
for Fiscal Year 1991-92 for organizational expenses.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
4.10 RESOLUTION NO. 90-45C: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES
AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK
AUGUST 6, 1991 PAGE 4
LEAVE, VACATION, LEAVES OF ABSENCES AND OTHER REGULATIONS
- C/Werner spoke in opposition to hiring an
Administrative Assistant and Assistant to the City
Manager and requested that, prior to hiring more staff,
a more complete analysis from the City Manager and the
Department Head as to the position being recruited for,
functions to be performed, outside revenue sources to
help fund the position, and the long range implication on
the budget should be presented to Council.
Following discussion, C/Nardella moved, MPT/Kim seconded
to adopt Resolution No. 90-45C setting forth Personnel
Rules and Regulations regarding payment of salaries, sick
leave, vacation, leaves of absences and other
regulations. With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Nardella, Papen, MPT/Kim, M/Forbing
NOES: COUNCILMEN - Werner
ABSENT: COUNCILMEN - None
4.12 LOT LINE ADJUSTMENT - LOTS 44 & 45, TRACT MAP NO. 30578 -
C/Nardella excused himself from voting on this matter due
to a conflict of interest. MPT/Kim moved, C/Papen
seconded to approve the Lot Line Adjustment for Lots 44
and 45, Tract Map No. 30578, located within R1-20,000
zone, authorized the City Engineer to sign the map and
directed the City Clerk to process it for recordation.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
ABSTAIN: COUNCILMEN - Nardella
5. OLD BUSINESS:
5.1 ORDINANCE NO. XX (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION
13.66.060 AND REPEALING SECTION 13.66.120 OF CHAPTER
13.66 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, PERTAINING TO THE SHOOTING OF ARROWS AND SIMILAR
PROJECTILES, AND DECLARING THE URGENCY THEREOF -
Continued from July 16, 1991.
CA/Arczynski stated that staff had recommended that the
matter be continued to August 20, 1991. However, Mr.
Dotterer, President of the California Bowman & State
Archery Assn, requested that the matter be continued to
September 3, 1991.
C/Papen stated that in Section 2, the issue being dealt
with is not public safety but property rights. If the
issue is safety, then Council should ban the use of bows
and arrows within City limits or, prohibit their sale.
AUGUST 6, 1991 PAGE 5
She suggested that the City Attorney limit it to issues
of public safety and not property rights.
6. NEW BUSINESS:
6.1 1991 RANCH FESTIVAL & COMMUNITY INFORMATION
SIGNAGE:
6.1.1 RANCH FESTIVAL - AA/Fritzal reported on the
1991 Ranch Festival to be held September 26 -
29, 1991 which will be located on the same
site as the 1990 Festival and will include a
parade, a 5k/10k run, live entertainment, a
carnival and a business expo. The parade will
begin at Diamond Bar Blvd. and Grand Ave. and
end at the Country Hills Towne Center, where
opening ceremonies will take place.
Jack Grothe, President of the Ranch Festival
Assn., reported that the entertainment will
consist of the following: Wee Five, Johnny
Tillotson, the Shirrells and the Coasters, who
will perform on Saturday and Brian Hyland and
the Diamonds, who will perform twice on
Sunday.
AA/Fritzal stated that the City would like to
have a booth at the Business Expo to display
historical photos and provide information
about the City.
M/Forbing stated that it had been suggested
that Councilmembers plan to be in the City's
booth to meet with the public.
C/Nardella suggested that recreation staff be
available at the booth and that emergency
preparedness handouts be provided.
6.1.2 COMMUNITY INFORMATION SIGNAGE - ACM/Belanger
stated that the Parks & Recreation Commission
recommended purchase and installation of
vertical (utility pole) banner signage
brackets to inform the public of community
events, programs and projects, as well as to
post community decorations related to
patriotic and traditional seasonal holidays.
The cost of each set of vertical brackets is
approximately $40. There would be an
installation cost, which is yet to be
determined. It is estimated that 100 bracket
pairs would be necessary to provide for
vertical banners at selected locations.
AUGUST 6, 1991
RECESS:
RECONVENE:
PAGE 6
C/Papen suggested that staff look into spanner
banners, and directed staff to see if Edison
would relocate 2 to 3 utility poles to be used
for this purpose.
Following discussion, C/Werner moved, MPT/Kim
seconded to approve $10,000 for purchase and
installation of brackets, with the remainder
of the funds to be used for the purchase of
City -owned holiday banners and to purchase
signs for the Ranch Festival with the cost
being reimbursed by the Festival Assn.
Parks & Recreation Commissioner Garry Stitt,
940-B N. Golden Springs, stated that he
opposed to spanner banners and suggested that
the City look into monument signage.
With the following Roll Call vote, motion
carried:
AYES: COUNCILMEN - Werner, Nardella, MPT/
Kim, M/Forbing
NOES: COUNCILMEN - Papen
ABSENT: COUNCILMEN - None
M/Forbing recessed the meeting at 7:30 p.m.
M/Forbing reconvened the meeting at 7:40 p.m.
7. PUBLIC HEARINGS - 7:00 p.m. or as soon thereafter as the
matters can be heard.
7.1 ORDINANCE NO. XX (1991): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT
DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 91-2
(1991) CONCERNING PROPERTY GENERALLY LOCATED AT AND
IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE, DIAMOND
BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME ON BEHALF OF THE CITY OF DIAMOND
BAR - PD/DeStefano reported that the matter was for
consideration of a Development Agreement to permit
a self-service gas station, an automated car wash,
a six bay automotive detail facility, offices for
operations and a freestanding restaurant pad on
property located at 22000 Golden Springs Dr. The
project was continued from a prior meeting to give
the applicants an opportunity to address issues
raised previously.
The applicant, Gary Clapp, 21055 Glenbrook Dr.,
spoke on discussed the issues previously raised.
He introduced his production manager and partner,
Piero Wyems, who helped explain the project.
AUGUST 6, 1991 PAGE 7
Fred Scalzo, proposed owner of the restaurant on
the site, stated that the restaurant would be of
the Marie Callendar-type with prices ranging from
$6.00 - $12.00 with cocktail service. He stated
that he anticipated the restaurant opening in
approximately 3 years.
Paul Wilkinson, principal with Westcott, Long &
Greenspan, addressed issues of circulation and
parking.
Regarding the proposed penalty provision in the
agreement to charge the developer if a restaurant
is not obtained, CA/Arcyznski stated that penalty
clauses have not been inserted in such agreements
in the past. The primary reason for the clause is
that without the penalty clause, the developer
could merely build the car wash and may not
continue to look for a restaurant.
Following discussion, M/Forbing opened the Public
Hearing.
Don Schalk, representing the PRS Group, 27132-B
Paseo Espada, San Juan Capistrano, and representing
Mr. John Brewster, spoke in opposition to the
proposed development.
Frank Schabarum, West Covina, spoke in favor of the
project.
Red Calkins, 240 Eagle Nest, spoke of his concerns
over illegal aliens working at the car wash and
asked the applicant about the selection of
employees.
Mr. Clapp stated that the federal government
prohibits hiring illegal aliens and that they go
through extensive screening when hiring.
With no further testimony offered, M/Forbing closed
the Public Hearing.
CA/Arczynski recommended that the motion be for
first reading by title only of the Ordinance
approving the Development Agreement. The ordinance
contained all required findings with respect to the
negative declaration. As for the Development
Agreement, changes would pertain to the u -turn
issue, narrowing of the driveway approach and
paragraph 28. The developer will provide a shadow
left turn lane, subject to final approval by the
City Engineer, erect a community sign to be
reinstalled with Council approval, replace the term
on the first page of the application from "take
AUGUST 6, 1991 PAGE 8
out" to "drive thru" in regard to the restaurant,
delete the first parking space to the right. In
regard to paragraph 28, change the wording of the
first portion of the paragraph to read "shall
annually convey to the City without demand, the
amount of $15,000 per year" instead of "a year."
MPT/Kim moved, C/Werner seconded to waive further
reading and approve first reading of Ordinance No.
4 (1991) entitled: AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THAT
DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO.
91-2(1991) CONCERNING PROPERTY GENERALLY LOCATED
AND IDENTIFIED AS 22000 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA" AND AUTHORIZING THE MAYOR
TO EXECUTE THE SAME ON BEHALF OF THE CITY OF
DIAMOND BAR, with amendments as indicated.
Following further discussion, CA/Arczynski asked
that the motion be bifurcated and that the first
motion be to waive full reading of Ordinance No.
4(1991). With a voice vote, the motion carried (5
- 0). The second motion was to accept the document
for first reading and pass to second reading. With
the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
RECESS: M/Forbing recessed the meeting at 9:20 p.m.
RECONVENE: M/Forbing reconvened the meeting at 9:40 p.m.
7.2 SIGN ORDINANCE - PD/DeStefano stated that the
Planning Commission conducted two meetings during
the month of July to review proposed changes from
the Chamber of Commerce as well as other interested
parties in the community. Regarding wall signs,
the Planning Commission felt that 1 sq. ft. of sign
face for each linear foot frontage was appropriate;
however, the Commission agreed with the Chamber
that the maximum frontage should be 8 to 10 sq. ft.
The Commission reviewed the issue of freestanding
signs for single usage lots and multi -use lots and
concluded that the ordinance should not be amended.
With regard to freeway -oriented signs, the Chamber
was looking at improving the use of freeway
oriented signs for all use categories as opposed to
just food, fuel and lodging, which the Planning
Commission agreed to and changed the ordinance to
indicate that freeway -oriented wall signs would be
permitted regardless of the use. The fourth area
of concern was responsibility for administration of
AUGUST 6, 1991 PAGE 9
the process. The Chamber suggested that a variety
of categories be changed to include Planning
Commission review and approval to City staff review
and approval. The Planning Commission agreed.
M/Forbing opened the Public Hearing.
Fred Scalzo, representing the Chamber of Commerce,
thanked the Council for working with the Chamber on
the sign ordinance. He stated that there were two
issues he wanted to discuss: wall signs and
freestanding signs --two types of uses being single
purpose uses and multi -use shopping centers. As
for freestanding monument signage, it needs to be
larger than 24 sq. ft. on sign face and raised
higher than 6 ft.
Frank Cho, owner of a small shopping center at
Fountain Springs Rd. and Diamond Bar Blvd. stated
that the center will house 10 businesses and that
24 sq. ft. of signage is unacceptable.
Bret Granlynd, representing Young Electric Sign
Co., Ontario, reviewed the sign ordinance and felt
that the ordinance was good; however, there was
still room for changes and creativity.
Brian Roberts, co-owner of a new business in
Diamond Bar, stated that it is important to be able
to advertise and requested that Council support the
ordinance and amendments.
With no further testimony offered, M/Forbing closed
the Public Hearing.
C/Nardella asked how "temporary holiday lighting"
on Page 13, section BBB, relates to section 108 B7
on page 18. Further, he requested a description of
what the sign applies to. Regarding the maximum
height of government flags on Page 15, insert the
word "pole" if this section refers to pole height.
Section 114D, "animals or human beings live or
simulated," may require clarification to encompass
all costumes. On Page 27 Bia, starting off with
"not more than two signs" add a comma after signs
and after "square feet." Also add a comma after
the word "sign" and a comma after the word "square
feet" so that it is not more than one sign at the
intersection of local streets.
Following discussion, C/Werner moved, MPT/Kim
seconded to approve for first reading by title only
Ordinance No. 5(1991) entitled: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING
A NEW CHAPTER 22.66 OF DIVISION 1 OF TITLE 22 AND
AUGUST 6, 1991 PAGE 10
REPEALING BOTH ORDINANCE 9 (1990) AS AMENDED AND
CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE A
HERETOFORE ADOPTED PERTAINING TO THE REGULATION OF
SIGNAGE IN THE CITY OF DIAMOND BAR, with
amendments.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Papen, Werner, Nardella,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.3 RESOLUTION 91-43A: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AMENDING 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 - CM/Van
Nort stated that due to an error in the calculation
in the initial appropriations limit, the City's
auditors recommended that the Council amend the
limit at this time.
M/Forbing opened the Public Hearing.
With no testimony offered, M/Forbing closed the
Public Hearing.
C/Werner moved, MPT/Kim seconded to adopt
Resolution No. 91-43A amending the protested Fiscal
Year 91-92 Appropriations Limit. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Nardella, Papen, Werner,
MPT/Kim, M/Forbing
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8. ANNOUNCEMENTS: None
9. CLOSED SESSION: To discuss Litigation (Government Code
Section 54956.9) and Personnel (Government Code Section 54957.6) -
not held.
10. ADJOURNMENT: With no further business to conduct, M/Forbing
adjourned the meeting at 11:32 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
I N T E R O F F I C E M E M O R A N D U M
TO: Mayor Pro Tem Rim and Councilmember Papen
FROM: Joann M. Saul, Senior Accountant
SUBJECT: Voucher Register, August 20, 1991
DATE: August 15, 1991
Attached is the Voucher Register dated August 20, 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
audited approved and recommended
allowed from the following funds
FUND NO. FUND DESCRIPTION
001
General Fund
111
Gas Tax Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
225
Grand Ave Const Fund
250
C.I.P. Fund
TOTAL ALL FUNDS
APPROVED BY:
Jo4'nn M. Saul
Senior Accountant
Robert L. Van Nort
City Manager
dated August 20, 1991 have been
for payment. Payments are hereby
in these amounts:
AMOUNT
$ 48,882.68
3,821.36
3,790.90
11,815.67
3,119.18
2,868.35
8.295.00
$ 82,593.14
C
Phyll s E. Papen
Councilmember
Jay C.
Mayor
-------------------------------------------------------
..n!_, E N
E TR Y' .,,:E
------------------------------------------------------------------------------
:Y'C:
A M 0 IjN 7 ;_.;QTc
6244
@A_1 L4
88
22f{52
ulv "aint, "'Ist :M
3
t t 09
S,FU8 o
?CTA' DUE VENDOR - --------- )
8.600.00
Tree a',je
Allens.rje
2QH
5 2W0
081,14
(8121
I622
":Sc. "oetating Suoplies
23.62
TOTAL MIE VENDOR ---------
23.62
American Storage LTD
'ime:Stcrag
+801-4090-214+3
3 20620
08.114
06 2A
Rental Units-September
1196.0
TOTAL DUE VENDOR --------- 1
196.02
Aqua Backflow
uOuahck
+1381_4536_2210
1 20620A
08/14
08120
8568
Backflow Repair-Dist 136
53
TOTAL DLE VENDOR --------
Arnold, Teri L.
49
*W-34718
30 206208
06/14
HIN
156
Refund-Baby Dance
40.00
TOTAL DUE VENDOR -------- )40.00
Ayerback Company
Aveiback
f1.09-4539-7200
I 208200
06114
08129
79739
LLAD 139 Liah Ins Pres.
6,162.4
TOTAL DUE VENDOR -------- :)
61182.94
*001-42102320
3 208200 01f17M
48/14
06/20
64060607
toning Book
253.31
MAL DUE VENDOR --------- 1
253.31
Baikowski, Pam A.
46
091-3474
11 209218
08114
0120
563
Refund-Baseball
35.00
TOTAL DUE VENDOR -------- >
35.00
Ben-Wal Printing
Ben Nal
*001-4095-2110
6 20820
0114
0/20
1835
Flyer for Busines Seminar
360.33
TOTAL DUE VENDOR --------
30.33
i,...,UFT - .J.., -,`;i NAI C,! ✓;1 _::`rv. EIT4} ,tit ..;u1'�= .,-„.,a1pTI;jN A iNT--
---------------------------------------------------------------------------------------------------------- ---------- -------------
__e:? `_Ign?inQ 'u'�UC?5 �eSLLCp
+01-x351-f21�^ _a�s,A
3111`s Lock & 'Safe BiI:sLN9..
004-43110-120 0 9 20820A 01;'1184
GELNET CELNET
+001-4,090-2131 5 2082dA
CalifPrksSRecsociety CPRS
+001-4310-2315 2 20620A
Center for the Study of CenterLav
+001-4034-2320 1 20820A
+001-4510-2320 1 MM
Coco`s Restaurant x1146 Cocos
+001-4030-2325 120 M
Community Industries Commindust
0@1-4510-5500 1 20820
Computer Applied Systems CAS
+001-4050-4030 2 20820A
Computerland of D. B. Cmptrland
}001-4090-1200 1 20820
*001-4090-6230 8 20820 01/1192
08!_
08120
F72t93
Light Repair -Sycamore dr
142.02
--TAL DjE VENDOR --------
142.82
cl,8i 14
Y8i2.
276215
v,eys.Padlocl.s
1f�2.71
TOTAL DUE VENDOR --------:
1:2.71
w8:14
08120
August 5ery-2 way Radios
136.50
TOTAL DUE VENDOR --------
136.53
08114
x8120
Membership Dues -Hensley
i0N.00
TOTAL DUE VENDOR ----------
100.00
08:14
08120
1156
Publicatn-Solid Waste
21.45
08114
06/20
1156
Publicatn-Transpertation
21.45
TOTAL DUE VENDOR --------;
42.90
08115
08/20
Provisions for Mtg 8/8/91
40.81 08;20191 0000013190
TOTAL PREPAID AMOUNT ----`:
40.81
TOTAL DUE VENDOR --------:
0.00
48114
08/20
Litter Abatement -July 91
1,012.00
TOTAL DUE VENDOR ---------
1,012.0+3
06/14
08/20
910806
Maint. for September 91
745.00
TOTAL DUE VENDOR --------':
745.00
08/14
08/20
CL03029145
Power Tree
18.13
08114
08/20
CL06001270
Computer Equip
1,240.55
TOTAL DUE VENDOR -------- >
1,256.68
N.
______________-_______.______-_---_-.--_-____--____-_____-____-_____-__-___-_--_-______---__-__-----_-_---___--___-----___-_----_--___
�d1' I L'aer5
t��i-4214•-lt��^
De Leo,. loseia
+001-3478
Day-, mers
@HOA
2@82AA
46
29 208298
Diamond bar Florist ;;BF1orist
+001-4910-2345 i 29806A
+001-4018-2395 2 P0808A
+001-4010-2395 3 20820
Diamond Bar Lively Senior Hsenicrs
+901-4"3319-2"355 i 208200
Eastman Inc.
Eastman
001-4030-1100
4 208206
06/1199
}001-4040-1100
3 20620E
0511199
+001-4050-1100
2 20820B
01111199
+001-4490-1100
3 20620B
0311199
041-'+210-1100
1 206208
0411199
+001-451@-1100
3 206203
0211199
+0011-4040-1100
4 206208
0711199
+0011-4040-1100
5 26626B
6911199
+001-4510-1100
4 208208
0611199
Exxon
Exxons
+001-4030-2310
9 20820B
+001-4090-2310
2 206208
+001-4310-2310
12 20620E
+001-4090-2310
3 20620B
+9w1-4310-2310
11 208206
+001-4030-2310
8 208208
118'4
H124
-x.5.4
�7njiament
HiQ,._
TOTAL :"_E `!ENDCR--------
@8;14
@8`20
3101092@>'1
Storage Set
29.86
Hi14
H/20
3345KH---�@
„r Memo
112.72'
I'iAL DUE VENDOR __--_---
17,14
48%14
98124
79S
R2iund-Tennis
25.90
TOTAL DUE `.ENDOR--------:
25.00
08/14
0120
Flowers-0erner
50.83
08/14
08/29
Flamers-'terner
50.83-
08114
08/20
Flowers-0erner
50.83
TOTAL D!E kaENDOR--------
59.83
08/15
98!20
Grant -senior Citizens
1,000.90 08120/91 0000013192
TOTAL PREPAID AMOUNT ----;.
1,000.00
TOTAL DUE VENDOR, --------
Coe
98!14
08/20
7744211
Supplies-Cmgr
15.92
06/14
0812@
7744217
Supplies-CCIk
10.24
08/14
08/20
7744217
Supplies -Finance
65.95
06114
08120
7744217
Misc Supplies
63.63
08!14
06/20
7744217
Supplies -Ping
76.72
08114
08120
7744217
Supplies-Engr
23.53
08/14
08120
7744218
Sucolies-CClk
33.73
06/14
08120
7744216
Supplies-CCIk
17.95
08114
08/20
7744218
Suonlies-Enar
33.73
TOTAL DUE VENDOR --------)
341.40
06114
06126
6496534
fuel-Cmgr
15.40
08/14
08/20
6496556
Fuel -Ben Govt
12.50
06114
06/20
6496556
Fuel -Parks
15.69
08/14
06120
6496615
Fuel -Ben Govt
11.20
08114
08120
6496615
Fuel -Parks
29.70
06114
06/20
6496895
Fuel-Cmgr
14.50
TOTAL DUE 'VENDOR --------;
99.19
�uw
/ENDOR HnE
A�UUoT
_________________________________________________________________________
T
34TCH 0
PD.LInE/^
0UIN
-TE Califmm,a
�E
2S
2
2"i8
8
a8/20
P:nnu 5ervice—,.ugu5c
2`976.8-6,
T0uL DUE VENDOR ----->
137[ Caornia
GTE
3
20820B
48/14
@0/2?
Eme: Prep Pmme-August
41.2S
TOTAL DUE 1;END0R ----->
4l.2�
Hills. bono C.
41
*001-3*0
24
2082�F
08/14
08/20
477
Refund -Comm Class
S1.00
7OTAIL DUE VENDOR ----->
S1.0A
Hoffman Coomucer Systems
Hn}imao
001-4090+1300
1
20820B
M/14
08/20
1516
Commuter Equipment
1S1.55
TOTAL DU[ YEN00H ---->
1S1.[S
Hollis, Thelma W.
47
+01,@l-340
28
2@820R
@8V14MV20
898
Refund -Ward Perfect
4S.8@
TOTAL DUE VENDOR ---'—>
45.00
Howe Depot
HoMe8epot
*0@1-4310-120@
10
20820D 01/1186
M/14
08/20
806026
Green Firs
22.9/
TOTAL DUE VENDOR ----->
22.9/
lniaod 'valley Dly 8ul1eto
IYD8
041-404�'218
3
20820U
08/14
08/20
dc2015
Pub Hrg Apprnp Limit
2+,75
*A0�-421�-211�
4
208208
0A/14
08/20
dc2142
Pub Hrg CUP 4-/0
56.25
*001-4040-2115
4
200208
80/0
08'20
dc2306
Bids-Signl Gmod/KollKnol
29.25
4001-4440-211c,5
20820B
�N/14
8O/2V
dc4211
Notice of Election
22.54
TOTAL DUE VENDOR ----->
132,75
Irwin M. Kaplan
Kaplan
+081-421.0-5212
2
208208
08/14
08/20
Heimh-Prof Servcs
118.00
TOTAL DU[ VENDOR ---->
118.04
J & [ WxouUht Iron
]QWrooght
+001-2020
40
20820O
08/14
08/28
6 Window Gaurds-Sycamore
5/5.0$
TOTAL DU[ VENDOR ---->
S/5.00
....�N! -_.
--------------------------------------------------------------------------_.---_----_____________________-_-----_---_----__-----_-_--
rHi n
14
i06/:4j
:4�
----`
Rome
.7'y
+W-3414
YF
2"621)n
;'6/14
W2
5
Rehnd-Saseball
S.+J
TOTAL CUE VENDOR --------
35.00
:ens ``^ardware
Kens
�s0i-4313-1210
IS
2i,620B 1311162
06114
06120
51975
Cutlet "rlu4s
2.37
+901-4313-1200
114
206208 j911182
38/14
08l2',A
51979
Tile Switch
w3.25
+001-431_:-1200
13
20820B 0871182
W114
06/20
52W
Disc,Staoler
22.17
+031-431b-12�J0
12
208208 3711182
36114
08120
52316
Lock,Olamp5.GcrEws
119.72
+001-4310-1200
11
20820E 06!1182
W14
08123
52345
k.eys,5tapier
15.73
TOTAL DUE VENDOR --------r
103.24
L.A.Count'/ Fublic works
LACPubVik
+031-2020
43
281620E
08:14
08/20
91100009496
Mappng Service
1,040.13
70TAL DUE VENDOR --------;
1.040.13
LA County Agriculture Cao LACAgric
+001-2020
41
20620B
38114
06/20
22786
June Pest Control
728.$1
TOTAL DUE 'VENDOR --------;
728.01
Landscape West
Landscapew
}141-4541-5500
1
20820E
08/14
08120
005620
Maint. Dist 141 July
3,100.06
TOTAL DUE VENDOR --------,
3,100.90
Las Angeles Times
LATioes
+001-2020
42
20820E
08114
08120
AD -Admin Secretary
243.36
TOTAL DUE VENDOR --------;
243.36
Mariposa Horticultural
Mariposa
+001-4311-5300
1
20620C
08/14
08/20
2266
Maint. Grow Park
995.00
+001-4313-5300
i
206200
98114
68126
2266
Maint. Heritage Park
663.00
+001-4316-5300
1
20829C
08/14
08/20
2266
Maint. Maple Hill park
629.00
+001-4319-5300
1
208200
08/14
08/26
2266
Maint. Petersen Park
1,244.00
+691-4322-5300
1
206200
08/14
08/26
2266
Maint. Reagan Park
995.90
+001-4325-5300
1
20620C
08114
08/20
2266
Maint. Starshine Park
415.00
+001-4326-5300
1
20820C
98/14
08/20
2266
Maint. 9ummitridge Park
1,492.00
+061-4331-5306
1
206200
08/14
06/26
2266
'Maint. Sycamore Park
1,528.00
+001-4311-5300
+
208200
08/14
08/20
2269
Sprinkler Repair -Grow Prk
192.13
+001-4313-5300
2
206200
08/14
66/20
2269
Sprinkler Repair -Heritage
105.04
+001-4316-5300
2
206280
08/1406/20
2269
Sprinkler Repair -Maple
352.48
AC�b T :P']] 7X -NO BA7CH PO.LI;�/�0.
-------------------------------------------------------------
------------'----------------------------
Maripcl s ,1;rt '.cuitur
Mar, ccs:
II L;ED)
*A01 -f 319'S 3Wv
2Q���
V8/�4
�8/20
2�9
Sprm�lor Repair -Petersen
399.S")
.1 2�820C
4/44
08/20
2269
Sprmkler Repair -Reagan
*881'4328-Bk0
Z Z�82,3C
�8/Z0
2269
Snonkler Repair -Summit
785.44
°001-4331-53*0
2 29,, ;j2HC
0 8/14
08/20
220
Sprinkler
42*.0|
TOTAL DUE VENDOR ---->
:ark T Charter Lmps
Mazk4Chazt
m)01-436�'B1�
1 20824C
0&/14
�8/20
Depn,it-Rose Parade
495.00
TOTAL DUE VENDOR ---->
495.00
Markman Arczynski Hanson MarkmaoArc
+801-4020-4020
1 20820C
08/14
08/20
Legal Svcs -July
5.751.0$
*001'4020-421
1
08/14
0/2*
Hover 's City
S4.01
^138-4B0 5500
2 20828C
0/14
W'29
Legal Svcs Dist 238
45.00
-0AL DUE VENDOR ----->
5.850.04
Meyer. David
MverD
'001-2020
45 2020C
08/14
08/20
P&R Mtys May/jumo(2)
120.00
*@9,1-4310-100
2 2@820C
$8/14
*8/20
P&R Mtg 7/25/91
49.04
TOTAL DUE 'VENDOR ---->
1160.00
Pac TeL Pagiog
PacleBxy
0@1-4411-213t
1 20820C
08/14
00/20
Luter-Beeper Rent August
12.01
TOTAL DU[ VENDOR ----->
12.01
Plunk, Lydia E.
PlunkL
10@1-2*2�
44 2M2@C
08/14
06/20
P&R Mtgs May & Juoe(2)
120.00
*01-4310-4100
L 2@820
08/14
*8/20
P&R ytg 7/25/91
40.00
-CTAL DUE VENDOR ------->
160.00
Pomona Valley Humane Sm.
PVHG
*01-4431-540
1 2@820C
W14
08/20
9100425W
Animal Dmtrn} August
4'13/.00
TOTAL DUE VENDOR ----->
4,13/.00
Public Empl Retirement
PERS
*01-2110-100
3 20620
08/1S
08/20
Retirement Cont. PP16
41841.08 06/801914 000413191
TOTAL PREPAID AMOUNT -->
4,841.08
Sam Peterson & Associates SasPeters
f001-2020
56
20820C
68114
68/26
10289
5% Retention
E
*111 -2020
3
26820C
08/14
0120
10269
Sunset Crossing
3,821.36
*001-2020
52
208200
08!14
06120
108
School Site Prop.
814.48
*001-2020
53
20620C
08/14
------------------------------------ ------------------------------------------------------------------------------------------------
10298
Valnut Valley Vater
53100
01 TIN
I : _t_Dears,t
Al _ —
�
61,i4
H 'It,
lt 81
f luePrint Svcs
-45
0! 14
09120
46182
BIG-EDT11t 5-v c s
�vwi-451 -2i 10
21 )_H20C
081'4
08 i2t,
48164
Blueprint Svcs
4",76
4 2
S
Biueprint vr S
4�LO-211�
S 2082K2K
08/14
W2@
45:86
Blueprint Svcs
S-10
6 H82K
L
8/14
08120
46187
Blueprint Svcc
6.42
TOTAi- DUE VENDOR --------
546.29
R.7, ',omm. Specialties
RKom%SPec
1 206200
061114
08!20
SS911
lain. Radar System
35.40
2 2,1,820C
06114
08/20
56217
Maint. Radar System
45.0
TOTAL DUE VENDCP - --------
0.0
;act, Ragini
44
001-3476
27 206208
@8f14
08/20
232
Refund -Model Bldg
25.00
TOTAL DUE VENDOR -------->
25,01
Roesth Lines Inc.
RoeschLlne
*oK-430-5310
2 208200
08114
06120
Deposit -Laughlin Trip
9.00
TOTAL DUE VENDOR --------
50.0
RonKTanzerlAssoE C.E.
Inc R K A
3 20200
06/14
08120
9I5680
Slurry seal!Complete Plan
2,469.0
*001-2020
51 20829
06/14
08[20
915681
Signl Hprgs/Sun Crossnq
2.1144.34
#250-2a28
2 20200
06114
08120
915893
Slurry Seal Area 2
946.00
*001-2020
49 208200
08114
0120
915949
Mta-Drain Transfer
129.00
+250-2020
I 206200
06/14
H/H
915950
S1 rry Seal 9�-91
41880.00
*225-2020
2 29620C
06114
08/20
915953
Srand1hotgn Madifictn
1,968.35
+001-2020
55 20820C
86114
08120
916046
Mtq-Drain Transfer
261.48
T'ITAL DUE VENDOR ----------
12,198.17
RLZ4,Cka, J052ph T.
RuzickiJ
*001-2020
47 20820C
0114
08%20
PSR, Mtqs May,June(21
120.0
40.1-43,10-4108
3 20820C
08114
06120
PtR Mtg 7)25191
40.04
TOTAL DUE 'VENDOR --------
160.00
Sam Peterson & Associates SasPeters
f001-2020
56
20820C
68114
68/26
10289
5% Retention
180.66 -
*111 -2020
3
26820C
08/14
0120
10269
Sunset Crossing
3,821.36
*001-2020
52
208200
08!14
06120
108
School Site Prop.
814.48
*001-2020
53
20620C
08/14
08120
10298
Valnut Valley Vater
53100
TOTAL DUE VENDOR -------- ", 4,506.16
Z THRU............�8'Z�/9i
v�D R NAME
VENDO ID.
+ +
ACCOU T PR0.TX'NO
_____________________________________________________________________
B A iCH PO.LIN E/wD.
ENTRY,���
lNVGICE
�ESC�IPrN
AMO0vT 0J� C�E`
Samora. Mark
�8
+�
9
2�82N
08/14
08/0
�48
Re�un:'3a��alL
4�.00
TOT AL DUE VENDOR ------
40.m)
Samuelson. 3acoue
�»
^001-34@
31
20820R
08/L4
08/20
461
qeluod-Filled Bike Class
S
TDTAL D U'E YEND0R ----->
.00
San Gabriel Vly Tribune
S3VTribune
MI -464@-2115
6
Z08�C
��/14
*8/2«
Sealed Bids 'Tr8c Signal
27.48
*001-4040-21\S
7
H828C
08/14
88/20
Pub Hrg-Resol Y1 -43A
19.24
TOTAL DUE VENDOR ----->
46./2
Secur:Corp/Mas e,goord
SecuriCorp
*M1 -4555'S531
l
2082K
H8/14
08/2*
10846
Crossing Guard Svcs 7/91
793.80
TUTAL DUE VENDOR ------->
793.84
Si1va, Flomttp C.
42
*401-340
25
2082OR
�6V14
06/20
817
Refund -Computer
51.00
TOTAL DUE VENDOR ----->
SIM
Smith` Anna M.
S1
#001-3+78
32
20820R
0/14
08/20
SH
Refund -Craft Class
36.00
TOTAL DUE VENDOR ----->
36M
Smith, Victoria C.
43
+0*1-3478
26
20828R
@8/14
@8/20
774
Reiund-Raging Waters
32.9@
TOTAL DUE VENDOR ---->
32.54
Southern Ca Gas Co
SoCaGas
+001-4313-2126
2
20820C
08/14
06/2�
Gas-HerdoUe Park July
22.62
TOTAL DUE VENDOR ------>
22,62
Southern Ca. 6jiom
SoCa[disnn
+138-4538-2126
1
20820C
08114
06/20
Electric Dist w30 3u>y
492.3/
Du� THRU.............�'3.'��
,END'SR KAME
C F I�.
+ ^ p8EpoIC ~ ^
A�O�r pR[D.Tx�0�TCHyO.�DP/xO.
------------------------------------- _____________________________________________________
�TRn�E
I��'C[
DE��Ipr-Ow
0 j NI T
*8/14
*8/20
Electric D`st 43R ]ulv
132.77
-On& TINDOR ----`
:omthern Ca. Edison
SorlaEd,im
^141-45iti'2126
i -11"12K
�8/14
08/2�
Electric Dist 141 Juliy
19.18
T07oL DUE k4ENDOIR ----�
Somrhern C«. Edison
Scca[d`sm
041+4313-212
1 202K
0/'�4
8A/N
[lp,�zic'Heritge Prk 7/91
"22.45
0�41-4328-11126
121'qA82K
08/14U/20
Bectnc-SuRimitRcq 7/91
22il.55:
+41-4331-2126
1 2@820C
08/1.4
08/2@
ELatic-Svtmore qm 7/91
1143.78
TUToL DUE VENDOR ----'>
S86.76
Southern Ca. Edison
SoCat'dzsun
+001'4555-2126
1 20820E
0/14
W20
Traffic Control -July
2,642.21
TOTAL DUE v[N00 ----->
2,642,21
Stitt, Gmrotsno J.
StdtG
46 2W
06/14
�6/20
P&R Mtg»Mdy.JuW2>
12',1.00
TOTAL DUE vBNDOR ---->
IMw)
The Sign Center,Inc.
SignCento,
+W-4S1MSN6
2 20820C e1/1176
08/14
W8/20
Stziping'Prkg.Sigoi/g
60.1+
TOTAL DUE VENDOR ---->
6".14
Thompson Publishing
Group Thompson
+001-460-2320
2 20826C
0k/14
08/20
FLSA 'Handbook
196.S0
TOTAL DUE VENDOR ----1,
196.9
Time Out Personnel
Svc. TimeOut
001-4210-400
5 20020C
08/14
68/20
1666
Pln8 Secretary 7/22-7/26
668.80
TOTAL DUE VENDOR ---->
668.81
Traific Operations
Tro8icUp
+22S -2M
3 202K
@8/14
98/2t
0913*1
Loops/Grand Ave
M.00
TOTAL DUE VENDOR ---->
900M
3Q5 w» 223 2.
Sw T
w2al :e�za asuRzSDs. 532x= asz: 53«te,---------------------------------------------------------------------------------------------
ae£
@632522
4642639
9@&5@55
Whelan, @G@rP. #6ze
w6a2 M 4 2H20
Whitehouse, Cathy @
,#lege 5 2l�2#
Rd4M20
ata
-----------------------------
ad4a29
4954
Rd4M20
ata
ad4a29
4954
G@2E6
z3
#di#Za
@25x#4
5£Jb�
a3E
2&L EE VENDOR ---- t
» Ji
a 5i
O 20
e§ tg #6 32 e!
!2 a!
d 2#
d ea
e§ #g 2 a a!
w a
2&E Y52§-- ®—>
!R.¥
#24
0812
46
Sueeq. Ballet
s.H
TOTAL DUE SNOB --------
5.N
TOTAL PREPAID --------------
\#ue
2&L DU ---------------
76,711.5
TOTAL REPORT ------------
2/9324
------- ___________
452.9? 55,906.33
................... t
-----------------------------------------------------------------------------------------------------------
73AL
DOW PC!
REAUE EPECE R_._ME EURSE
'28LL�.J s3a Fumz
7 3
137LLAD #.: oid
25K. ."r. Fina
8,29S.0
2255,:and AV const Fu
M66,35
2,661.35
1116is Tax Fod
2.821.36
21821.36
7GTAL------------
------------
------------ ------------ ------------ ------------
AiL FJ41DI3
82.S93.14
26 ,:33.91
------- ___________
452.9? 55,906.33
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.���I
TO: Honorable Mayor and City Council
MEETING DATE: August 20, 1991 REPORT DATE: August 13, 1991
FROM: Linda G. Magnuson, Senior Accountant
TITLE:
Treasurer's Report - June 30, 1991
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of June 1991.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
Resolution(s) Bid Spec. (on file in City Clerk's Office)
Ordinances(s) _ Other
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
BY:
Robert L. Van
City Manager
F:\WP51\AGENDA\C0VER.FRM
4M�o k. 6jtki4
Terrence L. Belanger
Assistant City Manager
Yes_ No
Yes X No
Yes X No
Yes X No
(Department Head)
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 20, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - June 30, 1991
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the June, 1991 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of June 1991. This statement shows the cash balances for
the various funds, with a breakdown of bank account balances and
investment account balances.
DISCUSSION:
At the end of June, there were checks issued which had not cleared the
bank. Due to the significant amount of these checks, the funds remained
invested in the Local Agency Investment Fund at the end of the month.
Therefore, the Treasurer's statement shows a negative amount in the
General Account.
This is a preliminary statement, the cash amount will remain constant,
however, with the year end closing, the distribution of cash between the
funds will change. These changes will occur due to fund transfers and
audit adjustments.
PREPARED BY:
Linda G. Magnuson
F:\WP51\WORK\AGENDA\AGE-RPT.FRM
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
June 30, 1991
GENERAL FUND
$3,383,075.78 $653,121.37
$1,321,734.19
$516,434.88
$3,230,897.84
TRAFFIC SAFETY FUND
178,562.60 23,068.04
(178,562.60)
23,068.04
GASTAXFUND
1,994,244.05 64,434.32
1,099.93
(466,515.60)
1,591,062.84
TRANSIT TX (PROP A) FD
440,056.82
1,243.99
438,812.83
LOCAL TRANSPORTATION FD
0.00
0.00
FEDERAL AID URBAN FUND
(236.98)
(236.98)
INTEGRATED WASTE MGT FD
(3,044.80) 6,750.90
11,276.27
10,000.00
2,429.83
STATE PARK GRANT FUND
0.00
0.00
LANDSCAPE DIST #38 FD
68,859.22
14,266.07
54,593.15
LANDSCAPE DIST #39 FD
245,606.87
14,752.75
230,854.12
LANDSCAPE DIST #41 FD
101,874.06
6,937.03
94,937.03
GRAND AV CONST FUND
668,199.04
13,916.73
654,282.31
CHINO HILLS CONST FUND
0.00
0.00
TRAFFIC MITIGATION FEE FD
332,407.37
332,407.37
CAP IMPROVEMENT PRJ FD
(24,314.33) 5,671.01
21,216.73
18,643.32
(21,216.73)
SB 821 FUND
18,770.50
18,770.50
SELF INSURANCE FUND
137,719.88
100,000.00
237,719.88
TOTALS
$7,541,780.08 $753,045.64
$1,406,443.69
$0.00
$6,888,382.03
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($549,743.65)
PAYROLL ACCOUNT
6,625.68
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($542,617.97)
INVESTMENTS:
TIME CERTIFICATES
$0.00
COMMERCIAL PAPER
0.00
L.A.I.F.
7,431,000.00
TOTAL INVESTMENTS 7,431,000.00
TOTAL CASH $6.888.382•03
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. r
TO: Robert L. Van Nort, City Manager
MEETING DATE: August 20, 1991 REPORT DATE: August 13, 1991
FROM: Lynda Burgess, City Clerk
TITLE: For information only. As requested by the City Council, regulations and new
formats for City Council Agenda reports have been developed.
SUMMARY:
RECOMMENDATION: Direct staff as necessary.
LIST OF ATTACHMENTS: X Staff Report
` Resolution(s)
Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
_ Other Administrative Regulation regarding City
Council Agenda Preparation
1. Has the resolution, ordinance or agreement been reviewed _ Yes i No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes _ No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments:
ALL DEPARTMENTS
REVIEWED BY:
Robert L. Van Nort Terrence L. Belanger V (Department Head)
City Manager Assistant City Manager
CITY OF DIAMOND BAR
I N T E R O F F I C E M E M O R A N D U M
DATE: August 8, 1991
TO: All Staff
FROM: Robert L. Va , City Manager
SUBJECT: Administrative Regulation and New Forms for City Council
Agenda Reports
Attached is an Administrative Regulation developed through the
cooperation of the Department Directors which explains in detail
how City Council agenda reports are to be completed. Two new forms
have been developed which includes a cover form (exhibit A) on
which you will indicate the basics of the matter. These are to be
completed in full and submitted as indicated in the Administrative
Regulation. To avoid the necessity of typing the information or
completing the form by hand, it is available on the network under
Word Perfect. Use of the form must be as follows:
1. Under the Word Perfect Work Directory, access the Agenda
directory.
2. Choose the document entitled "COVER.FRM" by highlighting
it and then hitting selection 8 (copy). You will then be
creating a copy to work from which you will name
yourself. DO NOT MAKE ANY CHANGES WHATSOEVER TO THIS
FORM WITHOUT FIRST CHECKING WITH ME OR THE CITY CLERK!!
Exhibit B is an outline form of the first page of your report. We
realize that, in many cases, you will not have enough room to
complete all sections in only one page; however, it is important to
leave the Financial Summary on the first page, if possible. This
form is also available on Word Perfect under the Agenda Directory
and is called "AGE-RPT.FRM."
B. REPORT SIZE
All agenda reports are prepared on letter -size paper. Left and right
margins are to be no small than 1/2 inch (.5).
C. REPORT QUALITY
Whenever possible, pasting and patching of original agenda reports
should be avoided. The word processing system should be used whenever
possible to reduce labor should changes or corrections be necessary.
D. REPORT FORMAT
ISSUE STATEMENT•
Introduce the subject matter and briefly explain the purpose of the
report.
CITY OF DIAMOND BAR Number 9ffective nate. 8/20/92
ADMINISTRATIVE REGULATION Issued: 8/7/91
Revised:
SUHJECI`: CITY COUNCIL :AGENDA PREPARATION' Page 2 of 4
RECOMMENDATION•
Propose steps to implement the recommended course of action.
1. Summary of primary findings and recommended action (state that the
recommendation is being made by a commission or committee, if that
is the case).
2. What should be done?
3. Who needs to take action?
FINANCIAL SUMMARY: (Must always be on first page of report text)
Completion of this section on the first page of reports is required
whenever funds are to be expended.
1. Are adequate funds available and, if so, from what account?
2. Is specific authorization to spend funds needed?
3. Are budget transfers necessary?
In addition and when relevant, identify all direct City costs in the
body of the report in summary form, i.e., processing man hours, costs of
supplies and materials. These should also be addressed if budgetary
savings are projected.
BACKGROUND:
To describe the current situation/problem in detail and how it came
about.
1. History and background of situation, persons and groups involved,
and the extent of their involvement, basic information (who, what,
where, why and when), current policies, if any, that affect subject
matter and other pertinent information.
2. What is the function of the report?
(1) To inform
(2) To seek action
3. When was the report initiated?
CITY OF DIAMOND BAR Number Effectivw Date. 8/20/91
ADMINISTRATIVE REGULATION Issued:
'Ravisea:
SU&IEdT: CITY.. COUNCIL AGENDA PREPARATION Page 3 of 44
DISCUSSION,.-
Describe
ISCUSSION:
Describe possible courses of action, costs and consequences of each
alternative. List possible alternative courses of action, pros and cons
of each alternative and the effect or consequence of each alternative
on:
1. Community groups
2. Other governmental agencies
3. Current policies
4. Precedents involved (if any)
5. How was the situation investigated?
(1) Define terms and assumptions.
(2) Describe scope and analytical methods.
Discuss the legal grounds for recommendations and alternatives.
E. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Are all necessary ordinances and resolutions prepared? Have they
been reviewed by the City Attorney?
2. Submit three copies of contracts to City Clerk after ascertaining
that City Attorney has signed "Approved as to Form" and
contractor(s) signatures obtained.
F. SIGNATURES
All reports are to have the appropriate signatures affixed prior to
submittal to the City Clerk for Council agenda. If the City Attorney's
signature is required on the report, it must be obtained prior to
submittal of the report to the Assistant City Manager and the City
Manager for approval.
Following review and approval by the City Manager, final reports,
minutes, ordinances, resolutions and other items necessary to implement
commission or staff recommendations shall be delivered to the City Clerk
by 5:00 p.m. on the Wednesday preceding the Council meeting. All
related items appearing under one subject shall be stapled together.
In the event an agenda item warrants a response to community groups,
individuals, etc., the City Clerk or City Manager will attempt to
respond to such items. However, if a Department Head feels that such a
response is within the purview of his/her department, please notify the
City Clerk immediately after the Council meeting or staff meeting on the
following morning. A copy of such response letters should be forwarded
to the City Clerk so that her file will show appropriate responses to
all Council actions.
F: \wp51 \w«k\&Scn&\admorq. doc
EXHIBIT A
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO:
MEETING DATE: REPORT DATE:
FROM:
TITLE:
SUMMARY:
RECOMMENDATION:
LIST OF ATTACHMENTS:_ Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
Other
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed ` Yes _ No
by the City Attorney?
2. Does the report require a majority or 415 vote?
3. Has environmental impact been assessed? _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes _ No
Which Commission?
5. Are other departments affected by the report? _ Yes _ No
Report discussed with the following affected departments:
REVIEWED BY:
Robert L. Van Nort Terrence L. Belanger (Department Head)
City Manager Assistant City Manager
F:\WPS11AOFNDAWOVERY M
CITY COUNCIL REPORT
EXHIBIT B
AGENDA NO.
MEETING DATE:
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT:
ISSUE STATEMENT:
RECOMMENDATION:
FINANCIAL SUMMARY:
BACKGROUND:
DISCUSSION:
PREPARED BY:
(Name typed here)
11AWP51NW0RMAGE iDA\Aa&RFT.FRM
AGENDA ITEM NO. 5.1
ORAL PRESENTATION BY PARRS AND MAINTENANCE DIRECTOR
CHARLES JANIEL
AGENDA ITEM NO. 5.2
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CITY OF DIAMOND BAR
DEVELOPMENT AGREEMENT NO. 91-2
EXHIBIT "E"
CONDITIONS OF APPROVAL
1. The development shall conform to all plans as submitted to and
approved by the City Council labeled Exhibits A-1, A-2, A-3,
B-1, B-2, C-1, C-2, D-1, D-2, dated July 31, 1991.
2. This grant allows for the development of a commercial project
with structures equaling approximately 19,950 square feet on
a 4.70 acre site.
3. Revised lighting, landscaping with 24 inch box trees
throughout the parking area, irrigation, and fencing plan
(which is to surround the site) shall be submitted to the City
Planning Department and the Director of Parks and Maintenance
for review and approval within sixty(60) days of the project's
final approval from the City Council.
4. The subject site and landscaping shall be maintained in good
condition.
5. A CUP and Development Review shall be required for the
proposed restaurant upon submittal of application.
6. The hours of operation for the car wash, offices, and detail
bay shall be limited to the hours between 8 am and 6 pm. The
hours of operation for self-service gasoline sales shall be 24
hours a day.
7. Delivery of gasoline fuel to this site shall be limited to
between the hours of 10 pm and 6 am.
8. A sign program for all uses on the site shall be submitted to
the City for a Development Review and approval by the Planning
Commission.
9. The custom polish detail shop shall not include auto body and
fender work or auto paint work.
10. All detailing functions shall take place within the confines
of the detail bays.
11. There shall be no outdoor displays of merchandise of any kind
on this site.
12. Outside speaker volumes shall be modulated so as to not exceed
ten decibels over ambient noise levels at property line.
13. All mechanical equipment needs for all uses on this site shall
be enclosed within the appropriate building.
14. Water reclamation and conservation devices shall be incor-
porated into the design of the car wash and irrigation system
for landscaping.
15. The chemicals and detergents used for cleaning of the vehicles
shall be composed of biodegradable compounds.
16. Petroleum waste products shall be disposed of by appropriate
methods and shall not be discharged into the public sewer
system except as allowed by law.
17. The proposed restaurant for this site shall be of the size and
caliber of a Marie Callender Is, Hof Is Bar & Grill, or Tony
Roma's.
18. All on-site utility services shall be installed under ground.
19. Any work to be done within the City right-of-way requires
prior approval from the Engineering Department of the City of
Diamond Bar. The appropriate permits are to be obtained and
all construction is to be per City specifications.
20. The applicant shall comply with all traffic mitigation
conditions listed in the Revised Traffic Reports dated March,
1991, May 3, 1991 and July 8, 1991.
21. Traffic mitigation measures' fair share cost is only de-
termined for the intersection of Grand Avenue and Golden
Springs Drive and that is based on estimates of 1989. This
cost estimate must be updated and fair share costs must also
be developed for the left turn lane addition to the traffic
signal on Brea Canyon Road at Golden Springs Drive/Colima
Road. In the absence of these calculations, the fair share
cost of the developer for the intersection improvements at
Golden Springs Drive/ Grand Avenue and Brea Canyon Road/Golden
Springs/Colima Road is recommended to be $50,000.
22. The applicant shall provide to the satisfaction City Engineer
the necessary signal modifications which are needed to ac-
commodate the proposed driveway opposite Gateway Center Drive.
The applicant shall also provide the necessary stripping and
signing information to incorporate this modification.
23. The applicant will be required to dedicate two (2) feet of
subject property along Golden Springs Drive for street
improvements.
24. Grading plans and drainage plans shall be submitted to the
Planning Department and Engineering Department for review and
approval.
25. Any broken or damaged curbs, gutters, sidewalks and pavement
on streets within or abutting this project shall be repaired
by the applicant.
26. Occupancy of the facilities shall not commence until such time
as all Uniform Building Codes, State Fire Marshall's
regulations, and Planning requirements have been complied
with.
27. All special assessments, utilities, sewers or storm drain
connection fees are to be paid prior to recordation of the
Development Agreement.
28. The applicant shall pay for all costs associated with plan
check, review of documents, permits and inspections required
by the City of Diamond Bar.
29. Occupancy of the facilities shall not commence until such time
as all Uniform Building Codes, State Fire Marshall's
regulations, and Planning requirements.
30. This grant shall not be effective for any purpose until the
permittee and the owner of the property involved. (if other
than the permittee) have filed, at the City of Diamond Bar
Planning Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this grant.
31. The applicant shall landscape and maintain the future
restaurant pad until the construction of the restaurant
commences.
32. The English Carriage House architectural treatment and
detailing style shall "wrap" completely around the car wash
structure.
33. A sidewalk shall be installed on the south side of Goldsprings
Drive between Gateway Corporate Center and Copley Drive as
required by the City Engineer.
34. The applicant shall construct a Community Identification Sign
on the development site. Installation shall occur prior to
occupancy ofthe car wash building. Sign standards will be
reviewed by the City Councl.
35. The developer shall provide a "shadow" left turn lane, subject
to final approval by the City Engineer.
36. The proposed restaurant shall not have "drive thru"
facilities.
37. The developer shall delete the first parking space, on the
right of the "entrance" driveway.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Robert L. Van Nort
MEETING DATE: August 20, 1991 REPORT DATE: August 13, 1991
FROM: James DeStefano, Community Development Director
TITLE: Political Sign Enforcement Policy
SUMMARY:
The City does not currently have a policy to guide the placement and removal of political signs. The purpose
of this report is to discuss a Political Sign Enforcement Policy to be utilized during the upcoming municipal
election .
RECOMMENDATION: It is recommended that the Council approve the enforcement policy and direct staff
as appropriate.
LIST OF ATTACHMENTS:X_ Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
Candidates for Council
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? X Yes _ No
4. Has the report been reviewed by a Commission? i Yes X_ No
Which Commission?
5. Are other departments affected by the report? _ Yes X_ No
Report discussed with the following affected departments:
N/A
REVIEWED BY::
Robert L. Van Nort
City Manager
F:\\VP5PAGENDA\C0VER.FRM
Terrence L. Belanger
Assistant City Manager
James DeStef o
Community Dev opment Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 20, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Political Sign Enforcement Policy
ISSUE STATEMENT:
The City does not currently have a policy to guide the placement and removal
of political signs. The purpose of this report is to discuss a Political
Sign Enforcement Policy to be utilized during the upcoming municipal
election.
RECOMMENDATION:
It is recommended that the City Council approve the attached Enforcement
Policy.
FINANCIAL SUMMARY:
N/A
BACKGROUND/DISCUSSION:
The Current sign ordinance as outlined within the Los Angeles County Planning
and Zoning Code is "silent" on the iussue of political signs. The County
Code does indicate that signs shall not be placed within the public right-of-
way.
On July 23, 1991, the City Council reviewed a Draft Political Sign Ordinance
in order to address the problems surrounding the placement of political signs
within the City. In previous elections, signs have been placed within the
city's right-of-way and have generated numerous complaints from residents as
well as candidates. Upon conclusion of the Councils' discussion, the Staff
was directed to prepare a Political Sign Enforcement Policy and send the
Draft Ordinance to the Planning Commission for a review and report.
Ordinance.
On August 6, 1991, the City Council concluded its deliberations on new sign
regulations for the community. The Council approved the new sign regulations
with the exception of those standards pertaining to freestanding signs.
Contained within the adopted sign regulations are provisions controlling the
placement of certain "temporary" signs on public property. These signs may
not project over a public walkway, alley, street or public property with the
exception that one sign may be placed within the public right-of-way on each
side of any single block. The signs may not be affixed to a tree or other
plant materials located in any public walkway, parkway, alley, street or
other public property. No sign placed upon public property pursuant to this
code may contain more than six (6) square feet of sign face area. Such signs
shall not be posted earlier than 30 days prior to an election and shall be
removed not later than ten (10) days after an election.
Staff has prepared a briefing sheet regarding political signs in order to
properly guide candidates for political office. The briefing sheet regarding
political signs has been prepared in order to identify the size limitation,
location restrictions and enforcement policy of the City. The briefing
sheet, if approved, will be provided to all candidates for their use in the
placement of signs and will be utilized by the Code Enforcement Officer to
abate sign problems.
PREPARED BY:
James DeStefano, Community Development Director
F:\WP51\WORK\AGENDA\AGE-RPT.FRM
CITY OF DIAMOND BAR
BRIEFING SHEET
REGARDING POLITICAL SIGNS
Background:
DRAFT
The primary purpose of the sign standards is to regulate the
placement, erection and maintenance of signs in order to provide
for the protection of property values, visual esthetics, and public
safety.
Currently, signs are controlled via provisions contained within
Part 10 of Chapter 22.52 of the Los Angeles County Planning and
Zoning Code.
Signs may not be placed upon any street, right-of-way, public
sidewalk, crosswalk, tree, telephone pole, lighting system, etc.
(See Section 22.52.990.)
On August 6, 1991, the City Council adopted new sign regulations
for the community. The regulations are silent on the issue of
placing political signs upon private property. The placement of
signs upon public property is guided by the following provisions as
contained within Section 112.N or Ordinance 5-1991.
1. No sign shall project over any public walkway, alley,
street or public property except as may be expressly permitted
pursuant to this section. On private property, in any outdoor
area open to the public, no portion of any sign attached to a
building and extending below a height of seven feet above
ground level shall project more than six (6) inches from the
face of the building.
2. No sign, other than those required for traffic safety or
pursuant to law, shall be placed, located or maintained upon
any center median of any street, highway or other improvement
intended for utilization by vehicular traffic.
3. No sign may be placed, located or maintained in, on or
over any public walkway, parkway, alley, street or any other
public property which interferes with the construction,
maintenance or repair thereof or of any facilities therein or
thereon, including, but not limited to, landscape, hardscape,
meters, or irrigation facilities.
4. No sign shall be affixed to any other plant materials
located in any public walkway, parkway, alley, street or any
other public property.
5. No sign placed on public property pursuant to this Code
shall contain more than six square feet of sign area.
6. Only one sign advertising, identifying, displaying, or
directing or attracting attention to a particular idea or
event shall be placed in the public right-of-way on each side
of any single block. For the purposes of this section,
"block" shall mean that portion of -a street lying between the
nearest two intersecting or intercepting streets.
7. Any sign advertising, identifying, displaying, directing
or attracting attention to, or conveying an idea related to an
event which is to occur on a certain date shall not be placed
in the public right of way more than 30 days prior to that
date and shall be removed not later than 10 days after that
date.
Campaign signs are exempt from permits provided that they conform
to the Code. Please note that the width of public "rights-of-way"
vary throughout the City. In some parts of the community the
public right-of-way ends at the "back" of the sidewalk. In other
portions of the community the public right-of-way extends up to an
additional five (5) feet beyond the sidewalk or ten (1) feet from
the back of curb.
Enforcement: The existing Los Angeles County Code pertaining to
signage is in effect until September 20, 1991. On that date new
sign regulations will be enforced as required by Ordinance No. 5-
1991.
The Sign Code will be enforced on a daily basis. If violations are
found the offending signs will be removed. The signs will be
retained at Diamond Bar City Hall. Signs may be recovered by
contacting the Code Enforcement Officer between 8:00 a.m. and 5:00
p.m., Monday through Friday. Signs which have accumulated and have
not been picked up within 10 days after the election will be
discarded. The City will make every attempt to notify the
candidate that a sign or signs have been found in violation of the
Sign Code and have been removed.
For more information: Please contact the Community Development
Department at (714) 396-5676 between 8:00 a.m. and 5:00 p.m.
weekdays.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Robert L. Van Nort, City Manager
MEETING DATE: August 20, 1991 REPORT DATE: August 13, 1991
FROM: Terrence L. Belanger, Assistant City Manager via
Troy L. Butzlaff, Administrative Analyst
TITLE: Resolution of the City Council of the City of Diamond Bar establishing requirements and
standards relating to the separate collection of recyclable materials from residences, commercial premises, and
institutions within the City of Diamond Bar.
SUMMARY: Assembly Bill 939 requires that the City maximize the use of all feasible source reduction,
recycling, and composting options in order to reduce the amount of solid waste that must be disposed of in
landfill by 25 % by 1995. Pursuant to the City Council's direction, staff has prepared the accompanying draft
resolution establishing requirements and standards relating to the separate collection of recyclable materials.
The purpose of the proposed resolution is to institute a comprehensive recycling program for residential,
commercial, and institutional generators which is designed to achieve an estimated combined diversion potential
of 15 % in the short-term planning period.
RECOMMENDATION: It is recommended that the City Council review and approve Resolution X -XX
pertaining to the establishment of requirements and standards for the separate collection of recyclable materials
and take public testimony on the proposed programs contained within.
LIST OF ATTACHMENTS: X Staff Report
X Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
_Other
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attomey?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
City Manager
Assistant City Manager
MEETING DATE:
TO:
FROM:
SUBJECT:
CITY .COUNCIL REPORT
AGENDA NO.
August 20, 1991
Honorable Mayor and Members of the City Council
City Manager
Comprehensive Recycling Program
ISSUE STATEMENT:
The California Integrated Waste Management Act of 1989, also known as AB 939,
requires the City of Diamond Bar to maximize the use of all feasible source
reduction, recycling, and composting options in order to divert 25% of solid
wastes from landfill by 1995. Pursuant to the statutory requirements set
forth by this legislation and the City's existing low diversion rate of 9.7%,
staff has prepared a resolution which will serve as the enabling legislation
establishing requirements and standards relating to the separate collection
of recyclable materials from residences, commercial premises, and
institutions within the City of Diamond Bar.
RECOMMENDATION:
It is recommended that the City Council review and adopt Resolution X -XX
pertaining to the establishment of requirements and standards for the
separate collection of recyclable materials and take public testimony on the
proposed programs contained within.
FINANCIAL SUMMARY:
There are no anticipate revenues to be derived from adoption of this
Resolution. Although the City can defray most of the program costs through
the selection of a recycling contractor(s) to provide such services,
anticipated expenditures include the utilization of existing staff
(approximately .50 of an Administrative Analyst and .25 of the Assistant City
Manager) to monitor and enforce the program and to provide general assistance
in program development and implementation. Funding for these expenditures is
presently available from the Integrated Waste Management Fund (001-4515).
BACKGROUND:
On August 6, 1991, the City Council received additional information and
discussed several policy issues relevant to the comprehensive recycling
program. The policy issues that were discussed included: mandatory versus
voluntary separation of recyclable materials from other garbage or refuse,
the implementation of a commingled curbside recycling program for residential
units, and the provisions of collection services through either an exclusive
contract with one (1) contractor or permitted collection with the existing
eight (8) waste haulers. The Council concluded that mandatory separation of
recyclables, commingled collection, and the provision of an exclusive
CITY .COUNCIL REPORT
AGENDA NO.
MEETING DATE: August 20, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Comprehensive Recycling Program
ISSUE STATEMENT:
The California Integrated Waste Management Act of 1989, also known as AB 939,
requires the City of Diamond Bar to maximize the use of all feasible source
reduction, recycling, and composting options in order to divert 25% of solid
wastes from landfill by 1995. Pursuant to the statutory requirements set
forth by this legislation and the City's existing low diversion rate of 9.7%,
staff has prepared a resolution which will serve as the enabling legislation
establishing requirements and standards relating to the separate collection
of recyclable materials from residences, commercial premises, and
institutions within the City of Diamond Bar.
RECOMMENDATION:
It is recommended that the City Council review and adopt Resolution X -XX
pertaining to the establishment of requirements and standards for the
separate collection of recyclable materials and take public testimony on the
proposed programs contained within.
FINANCIAL SUMMARY:
There are no anticipate revenues to be derived from adoption of this
Resolution. Although the City can defray most of the program costs through
the selection of a recycling contractor(s) to provide such services,
anticipated expenditures include the utilization of existing staff
(approximately .50 of an Administrative Analyst and .25 of the Assistant City
Manager) to monitor and enforce the program and to provide general assistance
in program development and implementation. Funding for these expenditures is
presently available from the Integrated Waste Management Fund (001-4515).
BACKGROUND:
On August 6, 1991, the City Council received additional information and
discussed several policy issues relevant to the comprehensive recycling
program. The policy issues that were discussed included: mandatory versus
voluntary separation of recyclable materials from other garbage or refuse,
the implementation of a commingled curbside recycling program for residential
units, and the provisions of collection services through either an exclusive
contract with one (1) contractor or permitted collection with the existing
eight (8) waste haulers. The Council concluded that mandatory separation of
recyclables, commingled collection, and the provision of an exclusive
2
collection contract were in the best interest of the community and directed
staff to integrate those findings into a revised ordinance for their review
on August 20, 1991.
Although originally presented in ordinance form, staff has now incorporated
the Council's findings and prepared a Resolution which will serve as the
enabling legislation establishing requirements and standards relating to the
collection of recyclable materials.
DISCUSSION:
The purpose of the proposed Resolution is essentially threefold: (1) to
create a comprehensive recycling program which establishes requirements and
standards designed to protect and serve the public's interest; and (2) to
provide consistent city-wide recycling services through the award of an
exclusive contract or series of exclusive contracts to one or more qualified
waste hauler(s); and (3) to assist the City towards achieving its state
mandated obligations by diverting an estimated 15% of solid waste from
landfill by 1995.
The proposed services, as established under this resolution, would include
those services considered consistent with the goals and objectives contained
with the City's Source Reduction and Recycling Element (SRRE). These
services, which will be provided at the expense of the selected
contractor(s), include: single family curbside collection (Commingled),
multi -family, commercial, and institutional source separated collection,
customized commercial and institutional collection programs (i.e., bar,
restaurant, office buildings), commercial and institutional waste audits,
city-wide quarterly clean up events, and an aggressive public education and
information campaign. Materials to be collected under the proposed program
are as comprehensive as possible in order to achieve an estimated diversion
rate of 2,743 tons per year or 7% for residential generators and 2,164 tons
per year or 6% for multi -family, commercial and institutional generators over
the short-term planning period. The remaining diversion potential,
approximately 3% for this program, will be achieved through a strong public
education and information campaign, as well as on-site waste evaluations and
technical assistance to commercial and institutional generators.
The comprehensiveness of selected programs contained within the Resolution
and the purpose in establishing mandatory separation of recyclable materials
are due in part to the City's existing low diversion rate of 9.7% and to
institute standards and uniformity in the type of recycling programs
implemented, materials collected, type of container and/or bin utilized, and
frequency of collection. In addition, the Council's determination that the
provision of contract services versus permitted collection is considered
vital in order to conform to the long term objectives of Assembly Bill 939.
By contracting these services, as provided for in the Resolution, the City
can pass along the anticipated costs for program development and
implementation, as well as ongoing services such as public education and
information, waste audits, and technical assistance. This will reduce the
overall fiscal impact upon the City without relinquishing control over the
collection process.
Adoption of this Resolution does not preclude the addition of other programs
like residential yardwaste collection, on-site composting assistance,
household hazardous material roundup days, and a variety of other
alternatives. These programs can be adopted as a separate resolution and
3
integrated within the City's comprehensive waste reduction strategy.
It is anticipated that the City's preliminary Source Reduction and Recycling
Element (SRRE), which will be presented to the Council later this month,
will recommend the implementation of similiar recycling programs as contained
within the proposed Resolution. In addition, staff has discussed the
comprehensive recycling program with the consultant preparing the City's
SRRE. They have indicated that the City's low diversion rate and lack of a
formalized recycling program dictates this degree of recycling services if
the City is to achieve the mandated diversion rate before 1995.
PREPARED BY:
Troy L Butzlaff
RESOLUTION NO.X-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING REQUIREMENTS AND STANDARDS RELATING TO
THE SEPARATE COLLECTION OF RECYCLABLE MATERIALS FROM
RESIDENCES, COMMERCIAL PREMISES, AND INSTITUTIONS WITHIN
THE CITY OF DIAMOND BAR.
A. RECITALS
(i) The City Council has adopted heretofore Ordinance 2-
90 which established standards for the collection and disposal of
refuse, trash, rubbish and other forms of solid waste; and
(ii) Pursuant to Section 4 of said Ordinance, "the
Council determines that the disposal and/or collection of refuse,
trash, rubbish or other solid waste is a service to be performed in
the City in accordance with the provisions of this Ordinance. The
City may from time to time issue permits to those parties meeting
the criteria of this Ordinance and such standards as may be
established by resolution of the City Council regarding the
collection of refuse, rubbish and other forms of solid waste from
residential and commercial units. So long as any such permit
remains in force, collection of material provided for herein may be
made only in accordance with the terms and conditions thereof.
Fees and charges for such collection, removal and disposal services
shall be those which the Council may from time to time hereafter
approve by resolution. No person shall engage in the business of
collecting, removing or dicpocing of any refuse, t=-a=h, rubbish,
green wastes, recyclable materials or other solid waste including
hazardous wastes or infectious medical waste, within the City from
any residential unit or commercial premises, 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
(iii) Section 5, paragraph "D" of said Ordinance states
that, "the collection and removal of recyclable material and/or
green wastes shall not be exempt from the refuse permit system;
however, such activities may be the subject of a separate permit at
the discretion of the Council; and
(iv) The City Council finds and declares that the
regulation of recycling services in the City is necessary and
appropriate in that;
(a) The reduction 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 legislation (AB 939) requires
the City to prepare, adopt and submit by July 1, 1991, a Source
Reduction and Recycling Element which identifies how the City will
divert through a combination of source reduction, recycling and
composting programs 25% of solid waste from landfill by 1995 and
50% or the maximum amount feasible by the year 2000; and
(c) Uniformity in the type of recycling program
implemented, materials 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 waste
haulers.
(v) Legal authority to establish requirements and
standards relating to the separate collection of recyclable
materials resides in Section 40059 of the California Health and
Safety Code which 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; and
(vi) 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 resolve, determine and order as follows:
SECTION 1: In all respects, as set forth in the Recitals,
Part A, of this Resolution.
SECTION 2: Legislative Policy. The City Council
recognizes that recycling and waste reduction is of national,
regional and local importance, and that an effective waste
management program is essential to protect the health, safety ana
welfare of City residents. The City Council further finds and
determines that a uniform program for the collection and recycling
of aluminum and bi-metal containers, glass, PET plastic beverage
containers, old corrugated containers, newspapers, and mixed paper,
within the City of Diamond Bar and the permitting of persons
engaged herein is designed to eliminate or alleviate such problems.
Therefore, this Resolution is hereby enacted to enhance
citizen participation rates in recycling programs, 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 within the City of Diamond Bar.
SECTION 3: Definitions. For the purpose of this
Resolution, 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. 'Authorized Recycling Agent' means that person,
partnership, joint venture or corporation authorized by contract
with the City to collect Recyclable Materials pursuant to this
chapter.
B. 'Charitable Entity' means any organization or other
entity maintained for community service, education or the public
good, including service clubs, scouting organizations, religious
and educational organizations and recognized charities.
C. 'Commingle' means to blend together similar Recyclable
Materials -such as Mixed Paper, green and clear glass, aluminum and
bi-metal containers -but separated from disposable materials in the
waste stream.
D. 'Corrugated Container' means a paporboard �;-.WXLLalner
fabricated from two layers of kraft linerboard sandwiched around a
corrugated medium. Kraft linerboard means paperboard made from
wood pulp produced by a modified sulfate pulping process, with a
base weight ranging from IS to 200 pounds, manufactured for use as
facing material for corrugated or solid fiber containers. Corru-
gated medium means paperboard made from chemical or semichemical
wood pulps, straw or reclaimed paper stock, and folded to form
permanent corrugations.
E. 'Curb or Curbside' means within five (5) linear 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 Authorized Recycling Agent's equipment,
and mutually agreed to by the City and the Authorized Recycling
Agent.
F. 'Designated Collection Location' means the place where an
Authorized Recycling Agent is to pick up Source separated
Recyclable Materials. The location is identified by contract
between the Authorized Recycling Agent and the City and will
customarily be a waste enclosure at a multi -family complex or the
service alley of a commercial or Institution Entity.
G. 'Inaccessible Area' means any public or private street,
way and alley, except state freeways, that does not allow for a
minimum safe turn -around radius, as established by a resolution of
the City Council and amended from time to time hereafter, for the
purpose of collecting Recyclable Materials or to haul or transport
such materials.
H. 'Institutional Entity' means any location operated by a
governmental or private entity, including but not limited to
federal/state/county/local governmencai vullaings and
hospitals, schools, colleges, and recreational sites.
I. 'Large Complex Residences' means all apartments and
condominiums in complexes of over five (5) Residential Units.
J. 'Mixed Paper' means magazines, rejected mail, phone
books, bond or ledger grade, card board and paper board packaging.
K. '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
Authorized Recycling Agent have determined to be recyclable.
L. 'Recycling Bin' means a City approved bin owned and
provided by a Authorized Recycling Agent which is suitable for on-
site collection, storage, and set out of Source Separated
recyclables at multi -family, commercial and institutional
locations. A recycling bin shall not exceed three (3) cubic yards
and shall be clearly identified with the Authorized Recycling
Agent's company name or logo and the universal recycling logo.
M. 'Recycling Container' means a City approved container
owned and provided by the Authorized Recycling Agent which is
suitable for household collection, storage, and Curbside set out of
Commingled recyclables. A recycling container shall be a minimum
of 18 gallons and no more than 95 gallons in capacity and shall be
clearly identified with the Authorized Recycling Agent's company
name or logo and the universal recycling logo.
N. '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 shall be eligible for service upon the discretion
of the Authorized Recycling Agent.
O. 'Small Complex Residences' means all apartments anti
condominiums in complexes of four (4) Residential Units or less.
P. 'Source Separated' means the segregation, by the person
or generator from whom they are being collected, of materials
designated for separate collection for some form of materials
recovery or special handling.
Q. 'Universal Recycling Logo' means the standard symbol used
to represent that a product is either recyclable or made from
Recyclable Material.
SECTION 4: The City Council of the City of Diamond
Bar adopts a "Comprehensive Recycling Program" as set forth in
Exhibit A, attached hereto and incorporated by this reference as if
set forth in full.
SECTION 5: The City Clerk shall certify to the passage of
this Resolution.
ADOPTED AND APPROVED THIS DAY OF , 1991.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was introduced at a
regular meeting of the Council of the City of Diamond Bar held on
the day of , 1991, and was finally passed at a
regular meeting of the 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
Exhibit "A"
COMPREHENSIVE RECYCLING 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 are continually dumped in garbage
cans, loaded into trucks, and disposed of in a local landfill with the trash from all the
other cities in the San Gabriel Valley --as nearly 90 percent of it is --it will fill all of
remaining local landfill capacity by the year 1999. Consequently, residents of
Diamond Bar as well as from other communities in the Los Angeles Basin may be
forced to pay higher trash 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
uniform standards for the separate collection of recyclable materials from residential,
commercial, and institutional entities within the City of Diamond Bar.
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.
1.0.0 COLLECTION SERVICE --ESTABLISHMENT
A recyclable materials collection program is established and shall be made
available to all residences, businesses and institutions in the City of Diamond Bar for
the purpose of providing for the orderly and regular collection of recyclable materials
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.
1-11-0 COLLECTION CONTRACT
A. The City Council may, with or without having invited proposals thereof,
enter into an exclusive contract or series of exclusive contracts with any responsible
individual, association, firm, organization or other business entity that has satisfied all
of the prerequisites as set forth in Section 25 of Ordinance 2-90, whether or not said
entity is operated for profit, for the collection of any or all recyclable materials
generated within the City of Diamond Bar. Where such a contract provided for has
heretofore or hereafter been entered into between the City and a contractor(s) for the
collection of any or all recyclable materials as herein provided, said contractor(s) shall
be an "authorized recycling agent" for the City of Diamond Bar.
B. If in the determination of the City Council said contractor shall have
satisfactorily performed such contract, the City Council, without inviting bids or
proposals therefor and without giving notice of its intention to do so, may, either prior
to or after the expiration of such contract, extend or renew the same for such a period
and on such terms and conditions as the City Council shall deem necessary and
appropriate.
1.1.1 Effective Date
Upon approval of said contract, the authorized recycling agent shall provide
recyclable materials collection services to all single family residences as defined herein
within ninety (90) days of the effective date of said contract. The authorized
recycling agent shall provide recyclable materials collection services to all large family
residences, commercial premises and institutional entities as defined herein within one
hundred and twenty (120) days of the effective date of said contract.
1.1.2 Separation of Recyclables and Placement for Removal
Each owner, occupant, tenant or lessee of a residential, commercial or
institutional entity shall prepare and separate those recyclable materials that the City
has contracted for pickup by the authorized recycling agent from all other garbage and
refuse as required by the collection contract, and thereafter have the recyclable
materials commingled within a pre -approved recycling container as required by this
chapter, or source separated into a designated collection bin as required by this
chapter, for collection by the authorized recycling agent.
1.1.3 Private Disposal of Recyclable Materials
Nothing contained in this chapter shall preclude any person, business or other
entity from properly disposing of recyclable materials segregated from all other
garbage or refuse without utilizing the City's authorized recycling agent, provided that
the recyclable materials are disposed of by such persons individually or by his or her
employee or employees to a certified recycling centers created pursuant to Division
12.1 of the California Public Resources Code and/or pick-up, dropped off, or otherwise
donated to any charitable entity as defined under this chapter.
1.1.4 Eligible Materials
Materials to be collected shall 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.
1.1.5 Provisions Declared Minimum Standards
Notwithstanding any other provision or standard adopted by the Council, the
provisions of this chapter shall be the minimum requirements for the protection of the
public health, safety, convenience and general welfare.
1.2.0 AUTHORIZED RECYCLING AGENT --DUTIES
The authorized recycling agent established under this chapter shall provide
recyclable materials collection services to all persons, residences, businesses and
institutions within the City pursuant to the standard regulations for the methods of
collection of recyclable materials, types of materials collected, frequency of pickup,
and civil and/or criminal remedies available for enforcing this chapter as set forth by
the City Council.
4
1.2.1 Authorized Recycling Agent --Insurance Required
The authorized recycling agent shall obtain and keep in force during the term
of the contract, public liability and bodily injury insurance in amounts determined by
the City Council, and workers' compensation insurance covering all employees of the
agent. Copies of such policies, or certificates evidencing such policies, shall be filled
with the City Clerk prior to the commencement of activities authorized by the
contract. The City and its officers, elected officials, employees, and agents shall be
named as additional insured on all such policies. All such policies shall contain at a
minimum a provision requiring a thirty -day notice to be given to the City prior to
cancellation, modification or reduction of limits. The amounts of public liability
insurance for bodily injury and property damage shall be subject to review and
adjustment by the Council.
1.2.2 Authorized Recycling Agent --Rights Under Contract
An award of such a contract shall confer upon the entity to whom the contract
is awarded the exclusive right, during the term of the contract, to collect, transport,
and sell all recyclable materials collected within the City, or portion thereof, as
provided herein, and all provisions of this chapter applicable to the authorized
recycling agent shall constitute and be part of any contract awarded hereunder.
1.2.3 Authorized Recycling Agent --Charges for Service
A. A charge for the collection of recyclable materials shall be imposed on
the owner or occupant of each residential unit or commercial premises to which such
service is made available. The amount of such charges shall be fixed and changed
from time to time and shall be collected at such time and in such manner as
prescribed by resolution of the City Council. The charge so fixed shall be a civil debt
due and owing to the City or authorized recycling agent from the owner or occupant
or the residential unit or commercial premises to which the collection service is made
available.
B. All revisions in charges levied must be submitted to the City Council for
review and action and must be approved by resolution of the City Council following
a public hearing upon at least ten days' written notice to the authorized recycling
agent.
1.3.0 SINGLE FAMILY CURBSIDE COLLECTION
1.3.1 Single Family Collection Generally
The City's single family recycling program is designed to cover all residential
units defined in this chapter. Pick up of recyclable materials shall be provided on the
same day as regular refuse collection by providing each residential unit, that has
signed up for recycling services, a minimum of one recycling bin suitable for the
commingled collection of eligible materials as defined in this chapter.
1.3.2 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 collections from residential areas and areas immediately
6
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.
1.3.3 Eligible Residences
The single family program will serve all single family residences and small
complex residences of four (4) units or less located on public streets and private roads
that have signed up for recycling services. Residences located in an inaccessible area
or on a private drive will be eligible for service at the discretion of the permitted
hauler.
1.3.4 Collection Containers: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, prior to providing collection services, shall provide to each single
family residential unit a single City approved recycling container with a minimum
storage capacity of 18 gallons and is suitable to store commingled recyclable materials
for curbside pickup. Each container shall be clearly identified with the authorized
recycling agent 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 shall be completed within seven (7) days from its commencement.
7
After the initial delivery cycle, containers and promotional information shall be
delivered to new residential accounts with fourteen (14) days of the account's
effective start date.
B. The authorized recycling agent, without expense to the City or the
resident, and within seventy-two (72) hours after notice, shall replace lost or stolen
containers and those which have be taken or damaged by the authorized recycling
agent during collection. The authorized recycling agent shall maintain record of lost,
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
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
may charge for replacement containers based upon the actual cost of the container.
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 there
from and placed that they will not be a public nuisance or in any degree offensive.
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 shall be located on-site by providing one or more convenient
to use recycling bins, usually near an existing refuse enclosure. In addition, the
authorized recycling agent may use pre -approved individual collection containers to
collect commingled materials. Collections from all multi -family units shall be made on
an a regular basis.
1.4.2 Collection Days and Times
Collection from participating large complex residences consisting of five (5) or
more units shall be made on a regular schedule. The authorized recycling agent 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. Receptacles containing source separated recyclable
materials for large complex residences shall be of a size and serviceability consistent
with the provisions of this Resolution and thereafter placed at a designated collection
location.
0
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 shall sign-up for the program through the authorized
recycling agent.
1.4.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, prior to providing collection services, shall provide to each large
complex residence a City approved recycling bin not to exceed three (3) cubic yards
suitable to store source separated recyclable materials to be made available for pickup
at a designated collection location. If individual collection bins are provided they shall
not exceed 95 gallons and shall be equipped with a wheel base for convenient use.
Each bin shall be clearly identified with the authorized recycling agent's company
name or logo, the universal recycling logo and the types of recyclable materials
accepted per container. Bin delivery shall be coordinated with delivery of promotional
information describe in Section 1.8.0 and shall be completed within ten (10) days
from the account's effective start date. After the initial delivery cycle, bins and
promotional information shall be delivered to new accounts with fifteen (15) days of
the account's effective start date.
B. The authorized recycling agent, 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 authorized recycling
10
agent during collection. The authorized recycling agent 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
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
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.
1.5.0 COMMERCIAL AND INSTITUTIONAL ON-SITE COLLECTION
1.5.1 Commercial and Institutional Recycling Generally
The City's commercial and institutional recycling program is designed to offer
different types of recycling services to businesses and institutional entities depending
upon the types of materials generated. In addition, the City shall require the
authorized recycling agent 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.
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 authorized recycling agent 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 business or institution. 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 institutional
accounts if permitted by the City Manager and for "make-up" work due to holidays.
B. Receptacles containing source separated recyclable materials for
commercial and/or institutional locations shall be of a size and serviceability consistent
with the provisions of this Resolution and thereafter placed at a designated collection
location.
1.5.3 Eligible Businesses and Institutions
This program shall serve any business or institutional entity that is willing to
participate. Business owners, managers, property owners, and designated
institutional representatives shall sign-up for the program through the authorized
recycling agent. Businesses or institutions can become ineligible as a result of high
levels of contaminated materials. In this case, the authorized recycling agent shall
notify the business owner, manager, property owners or designated institutional
representatives of the contamination problem and how it can be mitigated. If the
contamination persists, the authorized recycling agent shall notify the business or
institution that recycling services will be suspended until further notice or until the
contamination has been rectified.
12
1.5.4 Collection Bins: Provided and Replaced
A. Pursuant to the terms and conditions of this Resolution the authorized
recycling agent, 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 pickup
at a designated collection location. Each bin shall be clearly identified with the
authorized recycling agent's company name or logo, the universal recycling logo and
the types of recyclable materials accepted per container. If individual collection
containers are provided, they shall not exceed 95 gallons and shall be equipped with
a wheel base for convenient use. Bin delivery shall be coordinated with delivery of
promotional information describe in Section 1.8.0 and shall be completed within ten
(10) days from the account's effective start date. After the initial delivery cycle, bins
and promotional information shall be delivered to new accounts with fifteen (15) days
of the account's effective start date.
B. The authorized recycling agent, without expense to the City, business
and/or institution, within seventy-two (72) hours after notice, shall replace lost or
stolen bins and bins which have be taken or damaged by the authorized recycling
agent during collection. The authorized recycling agent 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
authorized recycling agent shall investigate to remedy the situation. If the situation
dictates, and with the approval of the City Manager, the authorized recycling agent
13
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
The authorized recycling agent shall provide technical assistance, information
and educational materials to participating businesses or institutions at no charge to
either the City or participating business and/or institution. Such assistance,
information and educational materials shall be designed to assist individual businesses
and institutional entities in identifying the types of waste categories that can be
reduced or recycled at a specific site.
1.5.6 Office Paper Recycling
An office paper recycling program shall be provided to businesses or institutions
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
waste paper. Materials collected shall include: computer printouts, newsprint,
magazines, rejected mail, phone books, bond or ledger grade paper, cardboard and
paper board packaging, and any other mixed paper. Individual bins not exceeding 95
gallons and small bins not exceeding three (3) cubic yards may be used for collection.
In addition, the authorized recycling agent shall provide suitable individual collection
receptacles for use in an office environment at no additional cost. Business owners
or managers, business park owners or managers, and designated institutional
14
representatives shall sign-up for the program with the authorized recycling agent.
collection shall be made on an as needed basis.
1.5.7 Restaurant and Bar Program
Restaurants and bars shall receive collection of source separated PET plastic
bottles, container glass, aluminum and tin cans. Business owners or managers will
be responsible for the education of their employees and the provision of proper
screening of recyclable materials in order to avoid contamination. Collections shall be
made on an as needed basis.
1.6.0 QUARTERLY CLEAN UP EVENTS
The City shall 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. The authorized recycling agent shall provide collection services,
at no additional expense, 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
The authorized recycling agent shall provide for the collection and disposal of
limited quantities of waste motor oil to qualified residential units. Waste motor oil
15
shall be placed in a resealable plastic container, be clearly identified as used and/or
waste motor oil and placed at the curb on the same day of the week as usual refuse
collection. Each residential unit is eligible to dispose of a maximum of four (4) quarts
per month. The authorized recycling agent retains the right to refuse collection if it
exceeds the maximum allowable under this chapter, is leaking or otherwise in an
unacceptable condition, or has been visibly contaminated within another 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
as motivate participation in all of the City's recycling programs.
1.8.2 Public Education and Information Program
A. The authorized recycling agent 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, property managers,
business owners/managers, and designated institutional representatives with essential
waste reduction and recycling concepts; explain the benefits of recycling; explain the
purpose and the manner of the City sanctioned recycling program; emphasize the
16
materials to be collected; show the convenience of the whole range of recycling
activities in the City (both existing and proposed); and how to obtain further
information. 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.
B. The public education and information program shall be consistently
presented throughout the service area and shall be at the cost of the authorized
recycling agent. In addition, the authorized recycling agent shall provide assistance
to the City Manager or 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.
1.8.3 Technical Information Sheet
The authorized recycling agent 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 be mailed four (4) weeks prior to the
start of collection.
17
1.8.4 City Letter
The City Manager shall prepare an official City letter which will briefly explain
the program background, the program implementation schedule; and the responsibility
of the participants. This letter should be distributed, at no expense to the City, by the
authorized recycling agent in conjunction with the technical information sheet
discussed in Section 1.8.3.
1.9.0 REPORTING
1.9.1 Reporting Generally
A. The authorized recycling agent shall be required to keep records and
submit reports to comply with the City's reporting requirements. These reports will
serve as a means to 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,
shall be preserved for historical trend analysis.
B. The authorized recycling agent shall provide certified weight receipts for
all materials collected each week. Weights shall 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.
18
1.9.2 Quarterly Program Reports
The authorized recycling agent shall provide quarterly program status reports.
These reports will be due within fifteen (15) working 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 revenues;
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
The authorized recycling agent shall provide up to six (6) reports of varying
detail and format, as specifically requested by the City Manager or his designee, to
meet unforeseeable informational queries.
1.9.4 Meetings
The authorized recycling agent shall be required to attend at a minimum four
(4) meeting per calendar year with the City Council, City Manager or designated
19
representatives and/or agents of the City to discuss various aspects of their recycling
program and other issues relevant to the City's comprehensive recycling program.
1.10.0 COLLECTION BY UNAUTHORIZED PERSON
A. Notwithstanding the provisions of Section 12 (c) of Ordinance 2-90, it
shall be a violation of this Resolution 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 and 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.
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 Authorized Recycling Agent to Make Arrangements
The authorized recycling agent is responsible for establishing marketing and
transportation arrangements for the materials collected in each program. Equipment
20
used for storage and transport of materials may be owned or leased by the authorized
recycling agent or the market providing that the specifications and restrictions on
collection trucks pursuant to Section 21 of Ordinance 2-90 is maintained.
1.11.2 Spillage
The authorized recycling agent 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 authorized recycling agent shall clean up the debris within three 13)
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.
1.11.3 Landfill Regulated
The authorized recycling agent 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 requirements of this Resolution.
Any person, firm, partnership, or corporation violating any provision of this Resolution
or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
one thousand dollars ($1,000.), or by imprisonment not exceeding six (6) months.
21
Each such person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or portion thereof during which any violation
of any of the provisions of this Resolution is committed, continued or permitted by
such person, firm, partnership or corporation, and shall be deemed punishable thereof
as provided by this Resolution.
1.12.1 Revocation of Permit
A. The City Council may revoke a permit issued pursuant to the provisions
of this Resolution if it has been determined that the authorized recycling agent has not
complied with the provisions of this Resolution and all other applicable statutes,
ordinances, rules and regulations governing the collection and disposal of solid
wastes. The City Manager shall serve the authorized recycling agent with a Notice
of Noncompliance to revoke the permit if noncompliance is not corrected within thirty
(30) days.
B. If noncompliance is not corrected within the above -prescribed thirty -day
(30) period, the City Council, following a public hearing upon at least ten (10) days'
written notice to the authorized recycling agent, may terminate the permit.
1.12.2 Civil Remedies Available
The violation of any of the provisions of this Resolution 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.
22
1.13.0 SEVERABILITY
The City Council declares that, shall any provision, section, paragraph,
sentence, or word of this Resolution 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 Resolution
shall remain in full force and effect.
23
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. I,l
TO: Robert L. Van Nort, City Manager
MEETING DATE: August 20, 1991 REPORT DATE: August 20, 1991
FROM: James DeStefano, Community Development Director
TITLE: INTRODUCTION OF AND SETTING FOR PUBLIC HEARING AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING THE
ENTIRETY OF TITLE 27 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED AND ADDING A NEW TITLE 27 ADOPTING AND
ADDING A NEW TITLE 27 ADOPTING, BY REFERENCE, THE "NATIONAL
ELECTRIC CODE," 1990 EDITION, WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS, INCLUDING FEES AND
PENALTIES.
SUMMARY:
Pursuant to Title 24 of the California Administration Code, local
jurisdictions shall adopt the most recent codes published and adopted by the
State of California. The 1990 National Electrical Code was adopted by the
State of California in January of 1991, which mandated that the local
jurisdiction adopt the code within one year.
RECOMMENDATION:
It is recommended that the City Council establish a public hearing date to
adopt the 1990 National Electric Code pursuant to California Government Code,
Section 50020. To meet the State mandates, it is recommended that the
hearing be held on September 17, 1991.
LIST OF ATTACHMENTS: XStaff Report
—Resolution(s)
�Ordinance(s)
EXTERNAL DISTRIBUTION: N/A
REVr ED BY
JWAvrir
Robert L. Van Nort''errance L. Bela
City Manager Assistant City Ma
_Public Hearing Notification
_Bid Specification (on file in City
Clerk's office)
_Other
1
NMM*
James DeSte ano
Community Dev lopment Director
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
N
reviewed by the City Attorney?
Yes
_No
2.
Does the report require a majority of 4/5 vote?
_Yes
_No
3.
Has the environmental impact been assessed?
NSA _Yes
_No
4.
Has the report been reviewed by a Commission?
_Yes
--X-No
5.
Are other departments affected by the report?
_Yes
__MNo
Reports discussed with the following affected
departments:
N
C I TY COUNC 1 L- REPORT
AGENDA NO.
MEETING DATE: August 20, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: ESTABLISHMENT OF PUBLIC HEARING DATE FOR ADOPTION OF THE 1990
NATIONAL ELECTRIC CODE
ISSUE STATEMENT:
Pursuant to Title 24 of the California Administration Code, local
jurisdictions shall adopt the most recent codes published and adopted by the
State of California. The 1990 National Electrical Code was adopted by the
State of California in January of 1991, which mandated that local
jurisdictions adopt the code within one year.
RECOMMENDATION:
It is the recommend that the City Council establish a public hearing date to
adopt the 1990 National Electrical Code pursuant to California Government
Code, Section 50020. To meet the State mandates, it is recommended that the
hearing be held on September 17, 1991.
FINANCIAL SUMMARY:
N/A
BACKGROUND/DISCUSSION:
Every 3 years the State of California reviews and alters the building codes
as relates to mechanical, plumbing and electrical work, to sanction
prevailing methods of construction. As previously discussed, the State has
adopted the 1990 National Electrical Code which is the latest version. The
Building and Safety Department has reviewed the Code and is prepared to
recommend amendments to the Code ref I ect i ng I oca I Gond i t i ons on September 17,
1991.
PREPARED BY:
Dennis A. Tarango, Building Official
THOMAS E ORTIZ
LAW ENFORCEMENT CONSULTANT
California Teachers Credential
No. 20 -6 -ORT -001
N PNp R
QG cid, .•,i•.
�
l
� m �
K-`)
(�DGivL�/`�•�il/
REF: 6.2 POLITICAL SIGN ENFORCEMENT POLICY
3308 Hawkwood Road
Diamond Bar, California 91765
Telephone: (714) 861-4195
I'm requesting that this item be tabled untill after our General
Municipal Election of November 5, 1991.
This policy must be of GOODWILL, FAIR, FRIENDLY and UNEQUIVOCAL.
Thus within "DUE PROCESS OF LAW"
11
OM ORTIZ
Candidate for City Council
RECEI` ED
r, Yy
:J , l
August 20, 1991
Mr. Robert Van Nort
City Manager
City of Diamond Bar
21660 Copley Drive
Diamond Bar, CA 91765
RE: Ordinance No. 41991
Dear Mr. Van Nort:
Recently, Mr. Frank Arciero of Arciero & Sons, Inc. , General Partner of the Big
Diamond Bar Partnership, has raised concern about item 28 of the Development
Agreement 91-2 recently approved by the City Council. As a signatory, he feels that
this item will encumber him in the case of some type of default by Toran
Development and Construction (Toran). Since Toran is solely a tenant participating
in a leasehold position at 22000 Golden Springs Drive and the developer of record, it
is felt that the Development Agreement should pertain to Toran and not the Big
Diamond Bar Partnership.
The main concern lies in the lien created by item 28 which calls for a monetary
compensation if a restaurant is not developed on the site within 36 months. Mr.
Arciero believes that this clause should not pertain to him since he is not involved
in the project in any form and therefore should be insulated from any
encumbrances not relevant to his position as landlord.
The second reading of Ordinance No. 41991 is to take place at the City Council
Meeting this evening. As it currently exists, Mr. Arciero will not sign the
Development Agreement because of item 28. What needs to take place is either
removing the Big Diamond Bar General Partnership from the Development
Agreement since it is not associated with the project, or indemnify Big Diamond Bar
from item 28 somehow and make Toran Development and Construction
responsible for the clause. This will remove the encumbrance from Big Diamond
Bar's parcel and allow no liens against it.
I understand that this short notice makes it difficult to mobilize quickly. Last minute
communications between my office and the offices of Arciero & Sons, Inc. aired the
contention just yesterday. Therefore, the decision must be made to either amend the
existing wording of the ordinance before the meeting tonight through the proper
steps or postpone the second reading to address these matters.
MEETING DATE:
TO:
FROM:
SUBJECT:
CITY COUNCIL RBPORT
AGENDA NO.
August 20, 1991
Honorable Mayor and Members of the City Council
City Manager
Continued Public Hearing and Second Reading of Ordinance No.
5 (1991) - (Sign Ordinance) and consideration of Ordinance
No. 5-A (1991) (Amendments to Sign Ordinance)
ISSUE STATEMENT:
City Council has approved first reading of new sign regulations for all sign
types except freestanding monument signs. On August 6, 1991, City Council
directed that the Staff prepare alternatives to the proposed code for
monument signs.
RECOMMENDATION:
It is recommended that the City Council reopen the Public Hearing and accept
testimony pertaining to free standing monument signs and provide direction to
Staff as appropriate. It is further recommended that City Council approve the
second reading of Ordinance No. 5 (1991), waive full reading and adopt the
Ordinance.
FINANCIAL SUMMARY:
N/A
BACKGROUND:
On August 6, 1991, the City Council approved for first reading Ordinance No.
5 (1991) which establishes new sign regulations for the Community. The City
Council requested that additional information be prepared regarding
freestanding monument signs for consideration by the Council, Chamber of
Commerce and interested parties. Staff has prepared within the attachments
a compilation of several surrounding cities ordinances pertaining to
freestanding monument signs. The sign information has been presented within
a format that allows for review of sign height, location, signface area, and
other placement criteria. Cities handle the placement of freestanding
monument signs in a variety of ways. Generally speaking, determination of
type, shape and quantity is set by overall project acreage, building square
footage, or lot frontage.
Additionally, some cities determine the overall size of freestanding signs
based upon the number of anchor tenants located within the center. Most
cities also provide a separation between signs placed upon the same lot
frontage.
CITY OF DIAMOND BAR
AGF_.NDA REPORT AGENDA NO_ �.)
TO:^'�cpert L. Van Nort, City Manager
MEETING DATE: August 20, 1991 REPORT DATE: August 14, 1991
FROM: James DeStefano, Community Development Director
TITLE:
Continued Public Hearing and Second Reading of Ordinance No. 5 (1991) -(Sign
Ordinance) and consideration of Ordinance 5 A (1991).
4001vi11aw
City Council has approved first reading of new sign regulations for all sign
types except freestanding monument signs. On August 6, 1991, City Council
directed that the Staff prepare alternatives to the proposed code regarding
monument signs for Council consideration.
core]aI � fpk`Tly.1wCorZ F
It is recommended that the City Council reopen Public Hearing and accept
testimony pertaining to free standing monument signs and provide direction to
Staff as appropriate. It is further recommended that City Council approve
the second reading of Ordinance No. 5 (1991), waive full reading and adopt
the Ordinance.
LIST OF ATTACHMENTS:X Staff Report
_ Resolution(s)
City Clerk's Office)
X Ordinances (s)
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specif ication ( on f ile in
Other
1. Has the resolution, ordinance or agreement been reviewed X
Yes No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? X Yes _ No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission?
5. Are other departments affected by the report? Yes X No
Report discussed with the following affected departments:
REVIEWED BY: •
* :BY"V / ��" 4V
*"-P
Robert L. Van Nort Terrence L. Belanger LYames DeSt fano
City Manager Assistant City Manager Community De lopment Director
Attached for the Council's review are summarizations of freestanding sign
provisions from seven (7) cities and the Chamber of Commerce letter of
August 2, 1991. Councilman Nardella has provided staff with an additional
example for consideration.
Additionally, a copy of the Sign Ordinance as approved on August 6, 1991, is
attached for reference.
PREPARED BY:
James DeStefano, Community Development Manager
THE FOLLOWING WAS RECEIVED FROM COUNCILMAN NARDELLA
MONUMENT SIGNS:
Confined to commercial/industrial areas only.
1. Number:
One per street frontage unless necessary for identification of project entry.
If more than one monument appears on same frontage they must be a minimum of
150 feet from each other. Freestanding Pad tenants will be allowed monument
identification only if they do not have a wall sign parallel to street.
2. Maximum Area;
Twenty-four (24) square feet per face of copy area only.
3. Maximum Height:
A. 1-3 acre project will be allowed up to six (6) feet.
B. More than three (3) acre up to five (5) acre projects will be
allowed up to eight (8) feet. Maximum of two (2) major user panels
plus center identification.
C. Above 5 acre project will be allowed up to twelve (12) feet maximum
height. Maximum of two (2) major user panels plus center
identification.
GENERAL ADDITIONS:
All sign conduits, transformers, junction boxes, etc. shall be concealed and
painted to match adjacent wall color.
Freestanding signs to be planted in a landscaped area of at least equal size
to the sign copy area. Raised planters are encouraged.
Director may order removal of any sign not properly maintained.
DIRECTORY SIGNS
Confined to commercial/industrial ai-eas only.
1. Quantity:
Projects up to three (3) acres or those projects without major anchors will
be allowed a directory monument with up to six (6) tenant panels. Such
directories must also incorporate project identification and project street
address in 4" high numerals. One sign per street frontage.
2. Sign Area:
A total copy area up to twenty four (24) square feet will be allowed per
sign. (Inclusive of project identification).
3. Sign Height:
Up to feet total height including base.
4. Sign Setback:
Minimum of five (5) feet from the property line.
August 2, 1991
R�Cc4VcG_
Diamond Ba ,,
Chamber a�'f amerce
Honorable Mayor
Members of the City Council
City of Diamond Bar
Dear Mr. Mayor and Council Members:
The Diamond Bar Chamber of Commerce thanks the City Council for the
opportunity to assist the Planning Commission in their efforts to
prepare the sign ordinance. We wish to also express our
appreciation to the Planning Commission and the Planning Staff for
their sincere progress towards a balanced, equitable and efficient
ordinance.
The Chamber of Commerce offers the following compromises in an
effort to more closely satisfy the considerations of all concerned.
Section 108. Basic sign Program
A. Permanent:
1. Wall Signs for individual use:
CURRENT
PROPOSED
ORDINANCE
ORIGINAL
CHAMBER
PROPOSAL
COMPROMISE
CHAMBER
PROPOSAL
Max. Area: 1 Sq. Ft
Max Area: 1.5 Sq. Ft.
Max Area: 1.3
Sq. Ft
per 1 lineal foot of
per 1 lineal foot of
per 1 lineal
foot of
frontage to a maximum
frontage to a maximum
frontage to a
maximum
of 100 Sq. Ft. per use
of 150 Sq. Ft. per use
of 130 Sq. Ft.
peruse
Maximum Number: 1 Per Outer Wall
Number of Signs
1 Sign on 1 Wall
1 Sign on Each of
2 Walls
1 Sign on Each of
3 Walls
1 Sign on Each of
4 Walls
Comparison of Effect
Proposed Ordinance
Max. 100 Sq. Ft.
Max. 50 Sq. Ft. Each
Max. 33 Sq. Ft. Each
Max. 25 Sq. Ft. Each
Proposed Compromise
Max. 130 Sq. Ft.
Max. 65 Sq.Ft. Each
Max. 43 Sq. Ft. Each
Max. 32.5 Sq. Ft. Each
Honorable Mayor
Members of the City Council
August 2, 1991
Page Two
Comparison cf Effect. Section 108.A.1 (Continued)
This section is likely to refer to businesses that occupy a free
standing building which would require signage on more than one wall for
adequate visibility. The proposed compromise provides the necessary
flexibility while maintaining moderate standards for single use
buildings.
Section 110. Planned Sign Program
D. Standards:
1. Freestanding Monument:
CURRENT
PROPOSED
ORDINANCE
Max. Area: 24 Sq. Ft.
Max. Height: 6 Feet
Considerations:
ORIGINAL
CHAMBER
PROPOSAL
Max. Area: 48 Sq. Ft.
Max. Height: 10 Feet
Current Proposed Ordinance
COMPROMISE
CHAMBER
PROPOSAL
Max. Area: 36 Sq. Ft.
Max. Height: 8 Feet
Example: 4' high x 6' wide sign equalling 24 sq. ft. placed 2' above
grade equalling 6' total height.
Requires square plastic box and plain block lettering for
efficiency.
Only 18" above grade when street number is added.
Requires flat level grading.
Restricts landscaping to flat brush or flat ground cover.
Can be unsafe to motorists (see special note)
Chamber Compromise Proposal
Example: 4.5' high x 8' wide sign equalling 36 Sq. Ft. placed 3.5'
above grade equalling 8' height.
Encourages interesting aesthetic design work due to the
flexibility of increased sign area.
Provides space for lush landscaping, full shrubbery and
landscape contours, plus 6" area for street address (required
by Fire Department for safety).
Provides safe visibility level for. motorist (see special
note) .
Honorable Mayor
Members of the City Council
August 2, 1991
Page Three
Chamber Compromise Proposal, section 110.D.1 (Continued)
Special Note:
Conversation with Cal Trans Supervisor indicated that signs lower than
auto hood heights tend to be unsafe as they sometimes cause motorists to
slow down, stop quickly, make unsafe lane changes or other abrupt moves
in order to see signs. Signs that begin near eye level (3' to 3-1/21)
or above are safer.
The 36" criteria (plus a 7" curb) proposed by the Chamber compromise
should be quite adequate for safety purposes.
Section 110. Planned sign Program
D. standards:
2. Wall signs for Multi -Use Buildings or Commercial Centers:
CURRENT
PROPOSED
ORDINANCE
1 Sq. Ft. per 1
lineal foot of
frontage per use
to a maximum of
100 Sq. Ft. per
1 lineal foot of
frontage per
establishment up
to a maximum of
100 Sq. Ft. for
uses not located at
street level, etc.
ORIGINAL
CHAMBER
PROPOSAL
1.5 Sq. Ft. per 1
lineal foot of
frontage per use
to a maximum of
150 Sq. Ft. per
1 lineal foot of
frontage per
establishment up
to a maximum of
150 Sq. Ft. for
uses not located at
street level, etc.
COMPROMISE
CHAMBER
PROPOSAL
1.3 Sq. Ft. per 1
lineal foot of
frontage per use
to a maximum of
130 Sq. Ft. per
1 lineal foot of
frontage per
establishment up
to a maximum of
130 Sq. Ft. for
uses not located at
street level, etc.
The substantial majority of commercial centers in Diamond Bar would not
meet the ordinance as currently proposed. The Country Hills Town Center
is an example, yet the Chamber has found no one who has anything but
positive comments regarding the Center as an asset to Diamond Bar. If
that is the case, and if what exists is acceptable, then what possible
purpose can be served by unnecessarily restricting the visibility that
is absolutely vital to the success of the small business person? The
phasing in of new signs to an unnecessarily restrictive code next to
older signs can only create an inconsistency that would impair the
beauty of Diamond Bar and hinder the success of its business community.
Honorable Mayor
Members of the City Council
August 2, 1991
Page Four
Section 110. Planned Sign Program
D. Standards:
3. Freestanding monument signs for commercial centers:
CURRENT
PROPOSED
ORDINANCE
Max. Area: 72 Sq.,Ft.
Max. Height: 6 Feet
Considerations:
ORIGINAL
CHAMBER
PROPOSAL
Max. Area: 200 Sq. Ft.
Max. Height: 25 Feet
Current Proposed Ordinance
COMPROMISE
CHAMBER
PROPOSAL
Max. Area: 132 Sq. Ft.
Max. Height: 16 Feet
A 6 foot high sign allowing only a 3 foot clearance for
landscaping, contours and street addresses would have a sign
face of 3 feet high x 24 Feet Wide.
The sign would protrude beyond almost all set -backs.
The sign would not be practical for anchor tenants (listed
horizontally?).
The sign would not be easily readable and it simply would not
work.
Compromise Ordinance
A monument sign 16' high (rather than 24' wide) would allow
for up to 3 anchor tenants at 36 Sq. Ft. each, plus a 25 Sq.
Ft. "Center Sign", while at the same time allowing a 3-1/2' to
4' landscaping and safety clearance.
The Planning Commission approval required for this and other
planned sign programs under Section 110 could help guard
against unsightly or cluttered signs.
The ability to attract major revenue producing anchor
businesses should be a primary consideration.
Section 110. Planned sign Program
B. For Single Use Buildings With 200 Feet or More of Frontage, a
Planned Sign Program May Be Approved, etc. etc.
1. No single wall sign so approved exceeds 130 Sq. Ft., and
no freestanding sign exceeds 36 Sc. Ft., except as stated
by the provisions of this ordinance:
Approval by the City Council of the Chamber's compromise proposals
should include the rewording of Section 110 B.1 as written above.
Honorable Mayor
Members of the City Council
August 2, 1991
Page Five
The Chamber of Commerce appreciates the City Council's consideration of
our compromise proposals.
Sincerely,
Fred B. alzo, C irman
Municipal Action Committee
Diamond Bar Chamber of Commerce
FBS:p
CITY OF BUENA PARR
Development Standards for
Monument/Freestanding Signs
Height Limitations:
NO GROUND SIGN STRUCTURE SHALL EXCEED A HEIGHT OF THIRTY FEET.
Face Area Limitation:
ANY GROUND SIGN STRUCTURE SHALL BE LOCATED WITHIN THE MIDDLE
FORTY PERCENT OF THE LOT WIDTH AND BETWEEN THE STREET FRONTAGE
LINE AND A MAIN BUILDING OR OTHER CENTER OF ACTIVITY FOR THE
ESTABLISHMENT IDENTIFIED; EXCEPT, FOR A CORNER LOT, A GROUND
SIGN STRUCTURE MAY BE LOCATED IN THE PORTION OF THE LOT NEAR
THE STREET INTERSECTION. ALTERNATIVELY, A GROUND SIGN
STRUCTURE MAY BE LOCATED NEARER A SIDE LOT LINE THAN PRESCRIBED
ABOVE, PROVIDED THE TOTAL ALLOWABLE SIGN AREA FOR THE PROPERTY
AS A WHOLE IS REDUCED ACCORDING TO THE FOLLOWING FORMULA:
Maximum Length/Width:
NONE
Location Requirements:
THERE SHALL BE NOT MORE THAN ONE GROUND SIGN STRUCTURE ON
EACH LOT; EXCEPT, FOR AN INTEGRATED DEVELOPMENT, THERE MAY
BE NOT MORE THAN ONE SUCH SIGN STRUCTURE FOR EACH STREET
FRONTAGE WHICH IS AT LEAST THREE HUNDRED FEET IN LENGTH.
Maximum Number of Monument/Freestanding Signs on
NONE
CITY OF $IG BEAK LAKE
Development Standards for
MonumentjFreestanding Signs
Height Limitations:
MAXIMUM HE IG'_:T
(1) FREESTANDING: TWENTY-FIVE FEET ABOVE BASE OF SIGN. SIGNS
SHALL NOT VISUALLY OR PHYSICALLY OBSTRUCT PEDESTRIAN OR
VEHICULAR TRAFFIC, PURSUANT TO THE CLEAN SIGHT TRIANGLE. IN
NO CASE SHALL THE LOWER EDGE OF THE SIGN BEGIN HIGHER THAN
EIGHT FEET ABOVE BASE OF SIGN UNLESS SIGN CONFLICTS WITH
VEHICULAR CIRCULATION.
Face Area Limitation:
SIGN AREA
(1) FREESTANDING: THIRTY-SIX SQUARE FEET, PLUS EIGHT SQUARE
FEET PER TENANT UP TO A MAXIMUM OF SEVENTY-SIX SQUARE FEET.
Maximum Length/Width:
NONE
Location Requirements:
SETBACK
(1) FEESTANDING: THE LEADING EDGE SHALL BE NO CLOSER THAN
ONE FOOT FROM THE PUBLIC RIGHT-OF-WAY.
Maximum Number of Monument/Freestanding Signs on
NUMBER PERMITTED
(1) FREESTANDING SIGN PER PARCEL OR BUSINESS•COMPLEX -
CITY OF gggA
Development Standards for
Monument/Freestanding Signs
Height Limitations:
MAXIMUM SIGN HEIGHT
SMALL PROJECT FOUR (4) FEET
MIDSIZE PROJECT SIX (6) FEET
LARGE PROJECT .03 X F, WHERE F EQUALS THE LINEAL FEET OF
FRONTAGE. THIS NUMBER IS THE TOTAL MAXIMUM
SIGN HEIGHT, IN THE AGGREGATE. NO ONE SIGN
SHALL BE LESS THAN FOUR,(4) FEET NOR EXCEED
TWELVE (12) FEET IN HEIGHT.
Face Area Limitation:
MAXIMUM SIGN AREA
SMALL PROJECT TWENTY-FOUR (24) SQUARE FEET
MIDSIZE PROJECT .2 X F, WHERE F EQUALS THE LINEAL FEET OF
STREET FRONTAGE.
MIDSIZE PROJECT LESS THAN 120 LINEAL FEET OF TWENTY-FOUR (24)
W/STREET FRONTAGE SQUARE FEET.
LARGE PROJECT 2 X F, WHERE F EQUALS THE LINEAL FEET OF STREET
FRONTAGE, PROVIDED NO ONE SIGN COPY PER FACE
SHALL EXCEED EIGHTY (80) SQUARE FEET.
Maximum Length/Width:
MAXIMUM SIGN NO MAXIMUM EXCEPT AS DETERMINED BY OTHER
LENGTH REQUIREMENTS.
Location Requirements:
NONE GIVEN
Maximum Number of Monument/Freestanding Signs on
MAXIMUM NUMBER
SMALL PROJECT ONE (1) FREESTANDING SIGN PER STREET FRONTAGE.
MIDSIZE PROJECT ONE (1) FREESTANDING SIGN PER STREET FRONTAGE.
LARGE PROJECT THREE (3) FREESTANDING SIGNS PER STREET
FRONTAGE. SIGNS SHALL BE PLACED A MINIMUM OF
300 FEET APART.
CITY OF SAN DIMAS
Development Standards for
Monument/Freestandinc signs
Height Limitations:
FOUR FEET IN HEIGHT FROM FINISH GRADE
Face Area Limitation:
FIFTY SQUARE FEET
Maximum Length/Width:
NO DIMENSIONS GREATER THAN FIFTY FEET
Location Requirements:
NO LESS THAN SEVENTY FIVE FEET FROM ANY RESIDENCE
Maximum Number of Monument/Freestanding Signs on :
ONE PER SITE
CITY OF WEST HOLLYWOOD
Development Standards for
Monument/Freestanding signs
Height Limitations:
SIX FEET IN HETGET
Face Area Limitation:
ONE SQUARE FOOT OF SIGN AREA PER EACH TWO FEET OF FRONTAGE.
SHALL NOT EXCEED FOURTY EIGHT SQUARE -FEET TOTAL.....
Maximum Length/Width:
EIGHT FEET IN LtNGHT
Location Requirements:
FIVE FEET SET7BACK FROM ANY PUBLIC RIGHT OF WAY.
Maximum Number of Monument/Freestanding Signs on :
ONE MONUMENT SIGN PER FRONTAGE
CITY OF MTSSTom VTE.To
Development Standards for
Monument/Freestanding Signs
Height Limitations:
SIX FEET IN HEIGH'1
Face Area Limitation:
THIRTY SIX FEET IN AREA (FACE)
Maximum Length/Width:
TEN FEET IN WIDTH
NO LENGHT REQUIREMENTS
Location Requirements:
NO CLOSER THAN FIVE FEET FROM ULTIMATE RIGHT OF -WAY.
Maximum Number of Monument/Freestanding Signs on :
ONE PER BUSINESS CENTER
CITY OF nCF.AN STnp.
Development Standards for
Monument/Freestanding Signs
Height Limitations:
POLE/FREESTANDING AND ROOF SIGNS
MAXIMUM HEIGHT OF 50 FEET, MEASURED FROM AVERAGE FINISHED GATES.
MONUMENT SIGNS
NO MONUMENT SIGN SHALL BE ALLOWED TO IDENTIFY A USE WHICH IS
ALREADY IDENTIFIED ON ANOTHER FREESTANDING SIGN EXCEPT AS MAY
BE PROVIDED FOR IN THIS ARTICLE. NO MONUMENT SIGN INCLUDING
A FRAME, BORDER OR BASE SHALL EXCEED 12 FEET IN HEIGHT.
Face Area Limitation:
POLE SIGNS/FREESTANDING
THE -TOTAL SQUARE FOOTAGE OF ALL ROOF AND POLE SIGNS SHALL NOT
EXCEED A MAXIMUM OF 250 SQUARE FEET.
MONUMENT SIGN
THE SIGN AREA OF A MONUMENT SIGN SHALL NOT EXCEED 40 SQUARE
FEET. FOR THE PURPOSE OF COMPUTING THE AREA OF A MONUMENT
SIGN AND TO ENCOURAGE BETTER DESIGN, A BORDER OR FRAME SHALL
NOT BE COUNTED AS SQUARE FOOTAGE PROVIDED SUCH BORDER OR FRAME
DOES NOT EXCEED AN ADDITIONAL 25 PERCENT OF SIGN AREA.
Maximum Length/Width:
NONE
Location Requirements:
A MINIMUM DISTANCE OF 50 FEET MUST BE MAINTAINED BETWEEN
MONUMENT SIGNS.
Maximum Number of Monument/Freestanding Signs on
NONE
ORDINANCE NO. 5A (1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CXTY
OF DIAMOND BAR AMENDING ORDINANCE NO. 5 (1991)
PERTAINING TO THE REGULATION OF SIGNAGE IN THE
CITY OF DIAMOND BAR.
A. aaoit;la.
(i) The City Council of the City of Diamond Bar, after
due deliberation, heretofore adopted the Los Angeles County Code,
as amended, in its entirety, as the City Code of the City of
Diamond Bar and further has amended said Code, regarding sign
regulations, by Ordinance No. 5 (1991).
(ii) It is the desire of the City Council to amend
said Ordinance No. 5 (1991) as heretofore adopted to provide for
enhanced sign regulations providing standards for signage within
the City of Diamond Bar which satisfy the aspirations, goals and
expectations of the City of Diamond Bar.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. ord inance.
NOW, THEREFORE, the City Council of the City of Diamond
Bax does ordain as follows:
section -. In all respects as set forth in the
Recitals, Part A, of this Ordinance.
Seotio 2,. ordinance No. 5 (1991) shall be emended by
the amendment of regulatory provisions pertaining to sign
regulation which shall read, in words and figures, as set forth
1
on Exhibit "All hereto, and which shall be incorporated herein by
reference as if fully set forth herein.
Segtiah a. All provisions of Ordinance No. 5 (1991),
as adopted, which contradict the provision of this Ordinance No.
5A (1991) are hereby repealed in their entirety. Any provision,
section or regulation which does not contradict or expressly
pertain to signage regulated by Ordinance No. 5 (1991) or 5A
(1991) shall remain in full force and effect notwithstanding the
adoption of this Ordinance.
ec A. Penalty for violation of ordinance.
It shall be unlawful for any person, firm, partnership,
or corporation to violate any provision, or to fail to comply
with any of the requirements of this Ordinance. Any person,
firm, partnership, or corporation violating any provision of this
Ordinance, or failing to comply with any of its requirements,
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00), or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof
during which any violation of this ordinance is committed,
continued, or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable,therefore as provided
in this Ordinance.
ft#"L-Qn A. Civil remedies available.
The violation of any of the provisions of this
Ordinance shall constitute a nuisance and may be abated by the
City through civil process by means of a restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of nuisance.
Bection S. Severability.
The City council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be
rondered or declared invalid by any final court action in a court
of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences, and words of this Ordinance shall remain in full force
and effect.
Beet oto Z. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar within fifteen
(15) days after its passage in the manner prescribed by
Resolution No. 89-6.
ADOPTED AND APPROVED this —. — day of , 1991.
Mayor
3
1, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of 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:
N110111OR:'51CNW6.6 4
City Clerk of the City
of Diamond Bar