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HomeMy WebLinkAbout09/03/1991Incorporated April 18, 1989 City of Diamond 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: SEPTEMBER 3, 1991 MEETING TIME: 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 (714) 860-2489 during business hours. Gity 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. 5:00 P.M. - CLOSED SESSION: Litigation - Section 54956.9 Personnel - Section 54957.6 --------------------------------------------------------------- Next Resolution No. 60 Next Ordinance No. 7 (1991) 1. CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: MAYOR FORBING ROLL CALL: COUNCILMEN WERNER, NARDELLA, PAPER, 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 council. 4. CONSENT CALENDAR: 4.1 SCHEDULE OF FUTURE MEETINGS: 4.1.1 PLANNING COMMISSION - September 9, 1991 - 7:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. - Discussion of General Plan. 4.1.2 CITY COUNCIL STUDY SESSION - September 10, 1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. - Discussion of: General Plan, Source Reduction and Recycling Element, Policy re: Council Conduct and Citation Authority. SEPTEMBER 3, 1991 PAGE 2 4.1.3 TRAFFIC & TRANSPORTATION COMMISSION - September 12, 1991 - 6:30 p.m., Community Room, 1061 S. Grand Ave. 4.1.4 PARKS & RECREATION COMMISSION - September 12, 1991 - 7:00 p.m., City Hall, 21660 E. Copley Dr., #100. 4.1.5 CITY COUNCIL MEETING - September 17, 1991 - 6:00 p.m., W.V.U.S.D. Board Room, 880 S. Lemon Ave. 4.1.6 EXTRA CONCERT IN THE PARK - September 11, 1991 - 6:00 p.m., SYCAMORE CANYON PARK 4.2 APPROVAL OF MINUTES 4.2.1 REGULAR MEETING OF AUGUST 20, 1991. 4.3 WARRANT REGISTER - Approve Warrant Register dated September 3, 1991 in the amount of $507,890.40. 4.4 RECEIVE & FILE PARKS & RECREATION COMM. MINUTES - 4.4.1 REGULAR MEETING OF JULY 25, 1991 4.4.2 REGULAR MEETING OF AUGUST 8 1991 4.5 RECEIVE & FILE TRAFFIC & TRANSPORTATION COMM. MINUTES - 4.5.1 REGULAR MEETING OF MAY 9, 1991 4.5.2 REGULAR MEETING OF JUNE 13, 1991 4.6 RECEIVE & FILE PLANNING COMMISSION MINUTES - 4.6.1 REGULAR MEETING OF JULY 8, 1991 4.6.2 REGULAR MEETING OF JULY 22, 1991 4.7 CLAIMS FOR DAMAGES - 4.7.1 FILED BY NEAL CHARLES AND KATHLEEN DEWITT - Recommended Action: Deny. 4.7.2 FILED BY BENJAMIN KUDON - Recommended Action: Deny. 4.8 ACCEPTANCE OF SIGNAL INSTALLATION ON GRAND AVENUE AT SHOTGUN LANE - On March 19, 1991, the City Council awarded a contract to Intersection Maintenance Service (IMS) to install traffic signal at Grand Avenue and Shotgun Lane. The installation of the signal is now complete and needs to be accepted by the City. Recommended Action: Accept the work performed by IMS and authorize the City Clerk to file the proper Notice of Completion. SEPTEMBER 3, 1991 PAGE 3 4.9 BOND REDUCTIONS 4.9.1 ROAD IMPROVEMENTS - TRACT NO. 31850 - All work guaranteed by Surety Bond No. 83 SB 100 426 684 has been completed and the Los Angeles County Department of Public Works and the City Engineer are recommending reduction. Recommended Action: Accept the work done on this project and instruct the City Clerk to reduce the bond and notify all parties. 4.9.2 SANITARY SEWER IMPROVEMENTS - TRACT NO. 42564 - All work guaranteed by Surety Bond No. 83 SB 100 390 297 has been completed and the Los Angeles County Department of Public Works and the City Engineer are recommending reduction. Recommended Action: Accept the work done on this project and instruct the City Clerk to reduce the bond and notify all parties. 4.9.3 ROAD IMPROVEMENTS - TRACT NO. 42564 - All work guaranteed by Surety Bond No. 83 SB 100 390 300 has been completed and the Los Angeles County Department of Public Works and the City Engineer are recommending reduction. Recommended Action: Accept the work done on this project and instruct the City Clerk to reduce the bond and notify all parties. 4.10 RESOLUTION NO. 91-57A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-57 APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT GRAND AVENUE AND ROLLING KNOLL ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - On July 23, 1991, the Council approved plans and specifications for installation of a traffic signal on Grand Ave. and Rolling Knoll Rd. The bids for this project were opened on August 21, 1991; however, no bids were received. Recommended Action: Adopt Resolution No. 91-57A for installation of a traffic signal at said location and authorize the City Clerk to advertise the bids for the second time. SEPTEMBER 3, 1991 PAGE 4 4.11 RESOLUTION NO. 91 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SIGNAGE FOR THE DIAMOND BAR CONGREGATIONAL CHURCH - The Diamond Bar Congregational Church requests approval to replace their existing freestanding sign with a new freestanding monument sign and two crosses. Council review of the proposed sign is required pursuant to condition "p" of Resolution No. 89-82 adopted by the Council on September 5, 1989. Recommended Action: Adopt Resolution No. 91 -XX approving proposed freestanding sign and two crosses with a maximum overall height of eight feet (81), located behind the twenty foot (201) setback as required in the zone (R-3-8000). 4.12 BLOCK NUMBERS ON BUS SHELTERS - At the request of Mayor Forbing, staff has investigated the installation of block numbers being placed on bus stop shelters. Bustop Shelters of California has agreed to furnish block numbers on the upright posts of the shelters at no cost to the City. Recommended Action: As recommended by the Traffic & Transportation Commission, approve installation of block numbers on bus stop shelters and authorize the City Manager to execute an amendment to the agreement with Bustop Shelters of California. 4.13 POMONA FREEWAY AT BREA CANYON ROAD WESTBOUND ON/OFF RAMPS - The City, in cooperation with CalTrans, has proposed to upgrade the signal system, protected left -turn phasing, restriping and widening of the on/off ramp at Brea Canyon Rd. and SR 60. The design, construction and construction management cost of this project is estimated to be $264,000. CalTrans' participation will be $191,300 and the City's portion is estimated to be $72,000. Gas Tax ($32,000) and Development Fees ($40,000) will be used for this project. Recommended Action: Authorize the Mayor to enter into a cooperative agreement with CalTrans specifying terms and conditions under which this project is to be engineered, financed and maintained. 4.14 PREPARATION OF TRES HERMANOS SPECIFIC PLAN - Enter into a cooperative agreement with Industry Urban -Development Agency for preparation of the Tres Hermanos Specific Plan. SEPTEMBER 3, 1991 PAGE 5 Recommended Action: Authorize the Mayor and City Manager to execute the agreement on behalf of the City in an amount not to exceed $50,000 to prepare Tres Hermanos Specific Plan. 5. PRESENTATIONS: 5.1 Don Nardella, President of the Diamond Bar Rotary Club, will present a check to the City representing the Club's proceeds from concessions during Concerts in the Park to be used for Carlton J. Peterson Park improvements. 5.2 PRESENTATION OF CITY TILE - Presentation of City Tile commending the efforts of Ms. Glenda Bona to the City's Emergency Preparedness Program. 6. OLD BUSINESS: 6. 1 SEPTIC SEWER SYSTEM IN THE COUNTRY - Update of the City' s findings regarding the sewer problems in approximately 148 lots within the Country. Recommended Action: Direct staff as necessary. 6.2 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 August 6, 1991. Recommend Action: Adopt Ordinance No. XX (1991) prohib- iting the shooting of arrows or such instrumentalities within the City except where the Ordinance provides therefore. 7. NEW BUSINESS: 7.1 COUNCIL POLICY FOR PROVISION OF THE SANE PROGRAM TO PRIVATE SCHOOLS - Discussion of Council policy regarding SANE education being made available to students in private schools in the City. Recommended Action: Authorize the City Manager to have the Los Angeles County Sheriff's Department provide the SANE program to the Mount Calvary Lutheran School, pursuant to established criteria. 7.2 HERITAGE PARK BUILDING - Reconstruction of the building at Heritage Park for a community and/or senior center. Recommended Action: (1) Set date to solicit architec- tural proposals of September 25 and bring back for award at the October 15 meeting; (2) direct Parks and SEPTEMBER 3, 1991 PAGE 6 Recreation Commission to conduct community work sessions as a part of the process for developing the design of the Heritage Park building improvements; (3) consider the participation of members of local recreation groups and seniors in the design of the facility; and (4) direct staff to undertake discussions with the County to determine whether funding a center is feasible for the full three year entitlement (Period 17) which will allow the City to undertake construction in 1992. 8. ANNOUNCEMENTS: 9. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Closed Session at 5:00 p.m. and Regular Meeting at the Walnut Valley Unified School District Board Room located at 880 S. Lemon Ave., Diamond Bar, California at 6:00 p.m. on Tuesday, September 3, 1991. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on September 3, 1991 was posted at their proper locations. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 30, 1991 at Diamond Bar, California. /s/ Lynda Burgess LYNDA BURGESS, City Clerk City of Diamond Bar VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 7 DATE: I net a / TO: City C erk FROM: t„a-Hit ADDRESS: �' % � `� #1 6 L41yt> ORGANIZATION: SUBJECT: I expect to add Council Minutes reflect my name and 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 1 FROM: i 7 --� --�. Z ADDRESS: 41 t*; N c ,,d � ✓ c 425-, ORGANIZATION: f Wye✓ ..�7Z'rSS SUBJECT: 1.1 idt,jC,,j I expect to address the Council on the subjec Council Minutes reflect my name apd adde s`u C) S` S L'�,/ ida item. Please have the tten above. Signature i - 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. spelling of VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: �-- c_c TT J C�`F1� ADDRESS: Z_44 ORGANIZATION: SUBJECT: G- I I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S icinat 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: C r TO: City Clerk FROM: ADDRESS • ORGANIZATION: SUBJECT:L I expect to address the Council on,th subject agenda item. Please have the Council Minutes reflect my name and ress a -s--7 tten above. O� 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: &% -3,- q I TO: City Clerk FROM: ADDRESS: I1 �/�SC� �i�lAi�A t �f}r� bi w./'T- ORGANIZATION: TORGANIZATION: 0 ��tcJ 64.t C pJ SUBJECT: 7&�-kj .a I expect to address the Council on the subject agend 'tem. Please have the Council Minutes reflect my name and address as it en 'above. S gnature 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: � - 3--'/ l TO: Cit y Clerk FROM: 4!fZA4cI4 ADDRESS: 's 99- e L&I-) e1y CT6-54woeA, Gq ORGANIZATION: SUBJECT: vU/ �n/ �/ 1--� Awoc "- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name 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. a VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO- DATE: O_ DATE: El -21 k TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: City Clerk 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:K(�L/ ADDRESS: _ _ , ?,:5 I b� e btl-e- ORGANIZATION: SUBJECT: I expect to address the Council on the subjectage a item. Please have the Council Minutes reflect my name and addr s s ten 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: ?- 3 ^ 5 TO: City Clerk FROM: O Gi c--7 T' ADDRESS: ff 3 ORGANIZATION: d / ey C "7 ?-tom- S<r 7— -74,y �G SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. , ^ r /7 A S ignftu 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.j1,11 DATE: TO: City Clerk 9 l FROM: / 1z v ADDRESS: ORGANIZATION: J //�i170rvG�►�J�/t c -s' >%! .r'r� l ~ �(//��f7 SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and advos�;" s writ n above. Signature NOTE: All persons may attend meet{i}'Is and address the City Council. This form is intended to assist the Mayr 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: (� / ) 4 7 TO: City Clerk FROM: r --1A �( v -5-14 /Y7 ate ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and ad as wri ten�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. Gr ri 1)��M MII�TUTES Vr' T�i� c=zr cvvrrcxs. REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 20, 1991 ----------------------------------------------------------• -- - -- - 4:00 P.M. - AQMD CONSTRUCTION SITE TOUR 5:00 P.M. - CLOSED SESSION - Litigation (Government Code Se-_ci')n 54956.9) and Personnel (Government Code Se--ti)n 54957.6). ----------------------------------------------------------- --- ----- 1. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Q000016T010�� 00WOTONK40W_F M/Forbing called the mee- :in g :.o order at 6:07 p.m. in the Ccanc;1 Chambers, W.V.U.S.D. 880 cl. Lemon Avenue, Diamond Bar, Califo::-ni a. The audience was led in the Fledge of Allegiance by MPT/Kim. Mayor Forbing, Mayor Pro Tem Kim, Councilmen Papen and Werner. Councilman Nardella was excused. Also present were Robert L. Van Nort, City Manager; Terrence L. Belanger, Assistant City Manager; William P. Curley III, Deputy City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Public Works Director/City Engineer and Lynda Burgess, City Clerk. None offered. 3. PUBLIC COMMENTS: Al Rumpilla, 23958 Golden Springs Dr., stated that since both C/Papen and C/Nardella are currently seeking re-election, they should not be permitted to be present in the City booth at the Ranch Festival nor should they be permitted to ride in the parade. He understood that the Ranch Festival Committee had informed other candidates that they could not ride in the parade because Festival by-laws state that the event is not to be used for politics. Red Calkins, 240 Eagle Nest Dr., complained that motorists constantly drop litter under the freeway overpass on Prospectors from Golden Springs and requested that CalTrans be notified to regularly clean up the area. CM/Van Nort directed Parks & Maintenance Director Charles Janiel to speak with Mr. Calkins on this matter. 4. CONSENT CALENDAR: CM/Van Nort announced that the Traffic & Transportation Commission would conduct a special meeting on August 28, 1991 at 6:30 p.m., at City Hall. C/Werner moved, MPT/Kim seconded to approve the Consent Calendar. With the following Roll Call vote, motion carried: AUGUST 20, 1991 PAGE 2 AYES: COUNCILMEN - Werner, Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Nardella 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 FINAL CONCERT IN THE PARK FOR 1991 - August 28, 1991 - "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. 4.1.6 TRAFFIC & TRANSPORTATION COMMISSION - Special Meeting August 28, 1991 - 6:30 p.m. - City Hall, 21660 E. Copley Dr., Suite 100 and September 12, 1991 - 6:30 p.m. - Community Room, 1061 S. Grand Ave. 4.2 APPROVAL OF MINUTES - Approved Minutes of Regular Meeting of August 6, 1991. 4.3 WARRANT REGISTER - Approved Warrant Register dated August 20, 1991 in the amount of $82,593.14. 4.4 APPROVED TREASURER'S REPORT - Month of June, 1991. 4.5 REGULATIONS & NEW FORMATS FOR CITY COUNCIL AGENDA REPORTS - Approved regulations & new formats for City Council Agenda Reports. 5. PRESENTATIONS: 5.1 STATUS REPORT REGARDING BANNER SIGNS - Parks & Maintenance Director Janiel reported that the Council expressed a desire to promote the 1991 Ranch Festival and authorized staff to assist them in the purchase of pole -mounted vertical banners. The Festival would then reimburse the City through its proceeds. Staff met with the Ranch Festival Committee to discuss the City's offer; however, the Committee declined the offer due to a lack of time before the Festival opens to give the matter serious consideration. The Committee requested that pole -mounted vertical banners not be installed for this year's Festival. He further stated that staff will proceed with purchase of the hardware for the upcoming holiday season. AUGUST 20, 1991 PAGE 3 CM/Van Nort stated that Mr. Imhoff of Southern California Edison had indicated a willingness to work with the City on installation and placement of poles for spanner banners. ACM/Belanger stated that Mr. Imhoff had also committed to looking at using cabling connected to power poles. C/Papen stated that, for the record, she was opposed to spending $10,000 in this manner and did not support it. 5.2 CERTIFICATES OF RECOGNITION - M/Forbing presented the following members of the D.B. High School Girls Dance Team with Certificates of Recognition for winning the World Championship Dance competition: Denise McElrea, Michelle Buckwalter, Sunshine Delgadillo, Heather Forshay, Melissa Garcia, Amy Hestlow, Sundee Camdar, Becky Lin, Lisa McCabe, Melissa Ortiz, Nicole Scott, Noell Scott, Colleen Scott, Tracy Sinclair, Carrie Patton and Doreen Pina. 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 - CDD/DeStefano stated that Ordinance No. 4 (1991) was presented on August 6, 1991 for approval of a Development Agreement for construction of an automated car wash, detail facility and restaurant located at 22000 Golden Springs Dr. The Ordinance was amended to reflect Council comments and amendments to conditions and sections in the Agreement. He further indicated that correspondence from the applicant had recently been received outlining concerns expressed by the landowner. Gary Clapp, the applicant, stated that the concerns expressed by the landowner, Mr. Arciero, had been resolved. On motion by C/Werner, seconded by MPT/Kim, Ordinance No. 4 (1991) was approved for Second Reading by title only. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Papen, Werner, MPT/Kim, M/Forbing NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Nardella 6.2 POLITICAL SIGN ENFORCEMENT POLICY - CDD/DeStefano stated that on July 23, Council reviewed a rough draft of a political sign ordinance to address a variety of problems AUGUST 20, 1991 PAGE 4 that had surfaced in previous elections. Staff was directed to refer the draft ordinance to the Planning Commission for review and report. A Planning Commission Public Hearing was scheduled for August 26, 1991. Staff was further directed to prepare an enforcement policy to guide candidates as well as code enforcement staff for this year's election. The draft enforcement policy, which outlines the existing L.A. County Sign Code and the sign code approved for First Reading at the August 6 meeting, was open for Council consideration. A briefing statement for candidates had also been prepared to explain the background of the policy and the general restrictions contained within the existing ordinance as well as the ordinance that would become effective September 20. The following spoke in opposition to the enforcement policy: Jim Paul, 1269 Ahtena Dr. Al Rumpilla, 23958 Golden Springs Dr. Frank Dursa, 2533 Harmony Hill Dr. Darrell Holder, 23419 E. Kidd, stated that he was a member of the Committee supporting Proposition E and that their signs had been taken down by the City due to one complaint. Red Calkins, 240 Eagle Nest Dr., stated that on August 6, he pulled down the last sign supporting Prop E and believed that having it up that long is uncalled for. Clair Harmony asked how much it would cost to enforce the policy and what the penalties are. Tom Ortiz, 3333 Hawkwood, presented a written request asking that the matter be continued until after the November 5, 1991 election. Following discussion, C/Papen moved, M/Forbing seconded to approve the political sign enforcement policy. Motion carried unanimously (C/Nardella absent). RECESS: M/Forbing recessed the meeting at 8:00 p.m. RECONVENE: M/Forbing reconvened the meeting at 8:10 p.m. 6.3 RESOLUTION NO. 91-59: 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 PREMISESt AND INSTITUTIONS WITHIN THE CITY OF DIAMOND BAR - Admin. Analyst Troy Butzlaff stated that a revised document establishing requirements and standards for separate collection of recyclables had been prepared and AUGUST 20, 1991 PAGE 5 that the document incorporated policy issues discussed at the meeting of July 23. Pursuant to Council direction, policy issues included mandatory separation of recyclable materials from refuse or other forms of solid waste, co -mingling collection of materials and contracting for collection. The following spoke in opposition to the Resolution: Al Rumpilla, 23958 Golden Springs Dr. Frank Dursa, 2533 Harmony Hill Dr. Red Calkins, 240 Eagle Nest Dr. Dennis Chiappeta, General Manager, Community Disposal, encouraged Council to prequalify bidders should they decide to contract for collection services and then award to the lowest bidder. He suggested that the City not use an RFQ or RFP format. Al Simonian, representing Western Waste Industries, stated that adoption of the resolution would not interfere with discussions held by the Council and that they could come back at another time and address whether or not collection would be based on a permit system or contract system. He reported on recycled materials picked up monthly. Following discussion, M/Forbing suggested adding "or permits with existing haulers" to Section 1.1.0 "Collection Contract" of Exhibit "A" of the Resolution, second sentence beginning with "enter into an exclusive contract," which would leave the matter open for further discussion. AA/Butzlaff stated that several haulers were concerned regarding the minimum 3 cubic yard standard for recycling bins and recommended that it be eliminated and wording added to reflect "a minimum of 3 cubic yards" in Section 1.5.4. C/Papen moved, C/Werner seconded to adopt Resolution No. 91-59 as amended. Motion carried unanimously (C/Nardella absent). 7. NEW BUSINESS: 7.1 ORDINANCE NO. 6 (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 - DCA/Curley stated that this matter was to bring the City into compliance with the new Code adopted by the State. AUGUST 20, 1991 PAGE 6 MPT/Kim moved, C/Papen seconded to approve First Reading by title only, waive further reading of Ordinance No. 6 (1991) and schedule a Public Hearing and Second Reading for September 17, 1991. Motion carried unanimously (C/Nardella absent). 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. SA (1991) - Following discussion, C/Papen moved, M/Forbing seconded to waive further reading and adopt Ordinance 5 (1991) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.66 TO DIVISION 1 OF TITLE 22 AND REPEALING BOTH ORDINANCE 9-1990, AS AMENDED, AND CERTAIN PROVISIONS OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE REGULATION OF SIGNAGE IN THE CITY OF DIAMOND BAR. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Papen, MPT/Kim, M/Forbing NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - Nardella Al Rumpilla stated that he felt that Item D on Page 31, "Animals, or human beings, live or simulated, designed or used so as to attract attention to the premises" should be deleted. Further, he felt that item N should also be deleted since it may hurt small business. He expressed opposition to the entire ordinance. M/Forbing appointed C/Papen and C/Nardella to a sub- committee for review of freestanding signs and MPT/Kim and C/Werner to review political/ temporary signs for inclusion in the ordinance as an Exhibit. Following discussion, C/Papen moved, M/Forbing seconded to continue First Reading 'of Ordinance 5A (1991) to October 1, 1991 and set for Public Hearing. Motion carried by a vote to 3 to 1 (C/Werner voting No and C/Nardella absent). C/Werner stated that he voted No on Ordinance 5 because he disagreed with the provisions dealing with campaign and/or temporary signs and his vote was not a reflection of any dissatisfaction with the efforts of the Chamber. 9. ANNOUNCEMENTS: C/Werner directed staff to contact CalTrans to discuss the litter problems on the 60 freeway and under the overpass on Prospectors as requested by Mr. Calkins. C/Papen announced a Public Hearing to be held by CalTrans regarding expansion of the 60 freeway by adding two lanes from the L.A. County border east of Diamond Bar in San Bernardino AUGUST 20, 1991 PAGE 7 County. She requested that staff review the proposal and see if CalTrans had done anything to interface and mitigate the resultant traffic congestion. 11. ADJOURNMENT: with no further business to conduct, M/Forbing adjourned the meeting at 9:11 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: Linda G. Magnuson; Senior'Accountant SUBJECT: Voucher Register, September 3, 1991 DATE: August 29, 1991 Attached is the Voucher Register dated September 3, 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 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Ave Const Fund TOTAL ALL FUNDS APPROVED BY: Linda G. Ma4nson Senior Accou ant 111-�bert L. Van Nort ity Manager dated September 3, 1991 have been for payment. Payments are hereby in these amounts: AMOUNT $493,443.58 5,982.45 7,785.00 57.41 621.96 $507.890.40 /��rcJG�La Com- 1 Phyllis E. Pape Councilmember Jay C. 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R —. .3s . :�L.72.3. i u, ? y 7A O 77: IL E VENDOR ,• e 7 r7 �, - .iiia v_4D R _____—_ - -- �-� - -� -- - •- - - �_ .- - - ---� -L _. ._.r, -may - l:y--------. ter_ ___ r'•. - _.-.__ ". .r v�:. 1.. ._ _�_ _ _�4:-tea =i�� E J yy�J' �Lv �'L.e: r� ___ -�'J. _ _. r_ _ L '. .. _ _.�_ _ Jai-:. d'J1 •Jar��i ]�l i.`�. .ti. 7-7 3� •1 �.�`. .. .. •uMIl':�.,. 2. °-4 tIj E _gin `3aciaT''i0-Pr3 58 . ..- _' -ria.- _ �. _♦ .'r �� `!{� .�v .«J-L'�� .',..E panell 31.43 --_� -. rE :'�r� , 3 E d. ==.s3 2 S 7 7 -Ali. 1,38 .2� DU E N D 2R - - - - - - - - -- ar,.,ce are -i4 ums 333. '51 -0 L L H U - - - - - - - - - 2 ao, ---------- 7 8 34 7 p -------- 777.-t ------------ 7— --------------- 3 - - - - - - - - - - - - - CITY OF DIAMOND BAR MINUTES OF THE PARRS AND RECREATION COMMISSION JULY 25, 1991 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL% CONSENT CALENDAR: NEW BUSINESS: Vice Chairman Ruzicka called the meeting to order at 7:06 p.m. at the Community Room, 1061 Grand Avenue, Diamond Bar, California. The audience was led in the Pledge of Allegiance by Commissioner Meyer. Commissioners Plunk, Meyer and Vice Chairman Ruzicka. Chairman Whelan arrived at 8:00 p.m. Commissioner Stitt was absent (excused). Also present were Administrative Analyst Kellee Fritzal, Recreation Superintendent Bob Rose, and Contract Secretary Liz Myers. Motion was made by C/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to approve the Consent Calendar and the Minutes of June 27, 1991 and July 11, 1991. O'Campo AA/Fritzal presented the request for the City to contribute to the construction of a block wall between the future Pantera Park site and Mr. O'Campo's property located at 752 Bowcreek Drive. Pantera Park is presently enclosed with a chain- link fence. The issue to be considered is if park use is conflicting with private property. However, because Pantera is a future park site, there is presently no park use, and access to the park has been blocked until development. Staff recommended that the Commission consider the following 3 options: allocate funds to share the cost of constructing a block wall between the properties; budget the funds for the construction of a block wall between the properties, for next year's budget; or deny the request. Mr. O'Campo, residing at 752 Bowcreek Drive, stated that due to an opening in the present chain link fence, he has had the following problems: bikers cutting across his front lawn; broken sprinklers; hikers and pedestrians walking on the side of his house and interfering with his privacy; and ATV's riding down the existing storm drain. He stated that he has also been concerned with the safety of his child. He requested the City to share in the cost of a block wall. C/Plunk noted that other parks have not been partitioned off by block walls between properties. A chain-link fence was installed at Maple Hill park, which had similar complaints. She suggested, as a compromise, that the City contribute the cost of a chain link fence. July 25, 1991 Page 2 C/Meyer explained that the City must have justification, of the public good, in order to expend public money. Mr. O'Campo indicated that since the City is his neighbor, the park should be partitioned and the cost shared by the City. VC/Ruzicka stated that because Maple Hill park was already developed, there was good cause for the City to pay for the fencing in order to protect the existing park equipment. C/Plunk stated that the Commission needs to view the property and observe the similarities and differences between Mr. O'Campo's situation and that of Maple Hill park. AA/Fritzal stated that staff will take pictures of the area and present them to the Commission at the August 8th meeting. C/Meyer inquired if the City installed a chain-link fence at the top of the slope, as opposed to participating in the block wall, would it address Mr. O'Campo's problem. Mr. O'Campo stated that it would partly address the problem, however, he would still like the two properties partitioned. He stated that the City's liability, if someone is injured, may be enough justification for expending public funds. C/Meyer stated that the public purpose, for the expenditure of funds, will be defined by the City Attorney, and determined by the City Council. The issue is determining if the City should contribute to the cost of a block wall. Motion was made by C/Plunk, seconded by C/Meyer and CARRIED UNANIMOUSLY to continue the matter to the August 8, 1991 meeting. OLD BUSINESS: Park Use Policy AA/Fritzal presented the revised Park Use Policy and stated that any changes to the policy was indicated by bold type. She noted that the Reservation Policy indicates that for 50 or more persons, the park must be reserved. The park must be reserved if there is to be alcohol present, and a special permit must be obtained. Any persons reserving the park, regardless of the size of the group, is required to have insurance. July 25, 1991 Page 3 C/Meyer suggested that discussion of the Park Use Policy be postponed until there is a full Commission. The Commission should submit written questions or concerns to staff. He further requested that the document include a provision for variance, a form for conflict resolution, and a definition section. The policies should be kept broad and generalized. C/Plunk suggested that the purpose and goals, stated in the Commission Handbook, be included into this document. Motion was made by C/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to continue the matter to the August 8th meeting. GTE AA/Fritzal informed the Commission that GTE has requested removal of the outside phone at Heritage Park. The trial test indicated that there was an average of only 4 calls a month. The cost to the City to keep the pay phone is approximately $55.00 a month. C/Plunk stated that, because of a safety issue, there is a need for a pay phone. She indicated that she has observed more than 4 phone calls a month. RS/Rose informed the Commission that the Sports Council would like to discontinue their phone service, inside the Heritage Building. C/Meyer directed staff to request more time, from GTE, for a more adequate testing period, and inform them that the phone as been observed to be utilized more often than they have indicated. CORRESPONDENCE: Recreation RS/Rose reported that the Recreation Program has Program been very well utilized by the community. Status Report C/Plunk requested that the report include expenditures as well. RS/Rose stated that a cost analysis could be done at the conclusion of the Summer Program, which would state the goals, and the money obtained and expended. The report could be made available for the second meeting in September, 1991. VC/Ruzicka inquired if he can direct persons who have suggestions for additional programs to RS/Rose. July 25, 1991 Page 4 RS/Rose stated that, if it is possible, new suggestions will be incorporated into the program, or included in the proposal for future programs. Chair/Whelan requested that staff contact GTE regarding a Labor Day Concert in the Park. ANNOUNCEMENTS: C/Plunk requested that staff research the possibility of having a children's gardening area. She also suggested a semi annual meeting between the City Council and the Commission for the purpose of discussing how Commission decisions are viewed at the Council level. C/Meyer congratulated staff on a job well done with the Concerts in the Parks. VC/Ruzicka directed staff to obtain information regarding open space inventory, zoning map, land use map, and the land use elements designating the open space and the developable land. AA/Fritzal stated that staff will obtain the requested information. She explained that as part of the General Plan, the City has a land use map. ADJOURNMENT: Motion was made by C/Meyer, seconded by VC/Ruzicka and CARRIED UNANIMOUSLY to adjourn the meeting at 8:25 p.m. Respectively, /S/ KELLEE FRITZAL Kellee Fritzal Secretary Attest: /S/ PAT WHELAN Pat Whelan Chairman CITY OF DIAtKUND BAR MINUTES OF THE PARRS AND RECREATION COMMISSION AUGUST 8, 1991 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT CALENDAR: OLD BUSINESS: Chairman Whelan called the meeting to order at 7:05 p.m. at City Hall, 21660 East Copley Drive, Suite 300, Diamond Bar, California. The audience was led in the Pledge of Allegiance by Commissioner Meyer. Commissioners Plunk, Meyer, Vice Chairman Ruzicka, and Chairman Whelan. Commissioner Stitt arrived late. Also present were Administrative Analyst Kellee Fritzal, and Recreation Superintendent Bob Rose. Motion was made by C/Meyer, seconded by VC/Ruzicka and CARRIED UNANIMOUSLY to accept the Consent Calendar. Motion was made C/Meyer, seconded by VC/Ruzicka and CARRIED to approve the Minutes of July 25, 1991. Chair/Whelan abstained. O'Campo AA/Fritzal reported that the request for the City to contribute to the construction of a block wall between the future Pantera Park site and Mr. O'Campo's property, located at 752 Bowcreek Drive, as continued from the meeting of July 25, 1991. The Sheriff's Department has indicated that they have not received any complaints concerning the undeveloped lot, nor have they observed any illegal or unwarranted use of the park. Staff recommended that the Commission consider the following three (3) options: (1) allocate funds to share the cost of constructing a block wall between the proper- ties; (2) budget the funds for the construction of a block wall between the properties, for next year's budget; or, (3) deny the request. Mr. O'Campo, residing at 752 Bowcreek Drive, indicated that the County should have made some provision to have a partition between his property and the park, as was done in other park sites. Chair/Whelan inquired why the owner had not installed gates to block access between the front and back of his property. Mr. O'Campo stated that they have been waiting until the whole property can be properly enclosed before installing gates. He has been waiting to find out the City's position regarding their responsibility to share in the costs of protecting public property. August 8, 1991 Page 3 Chair/Whelan requested that the wording in item 3A indicate that the Tennis Courts, located in City Parks, are on a first come first serve basis and cannot be reserved except for City sponsored activities. Chair/Whelan requested, on page 9, that User Groups be part of the definition. C/Plunk stated that the Definition section should clarify "one time users", as indicated on page 12B. She suggested that the section be reviewed by staff. VC/Ruzicka noted that item 1B, page 12, should refer to all users. The Commission requested that staff review the language regarding Insurance. VC/Ruzicka, referring to page 16, stated that one offense is a warning, but the second offense should disallow the use. Chair/Whelan, referring to the staff monitoring of the public address systems, inquired how it would be enforced. AA/Fritzal explained that it would be handled through code enforcement, if there is a complaint. She indicated that item E can be eliminated. A statement will be included indicating that there is a charge "if staff is required". Chair/Whelan, referring to page 17 3A and page 15, noted the contradicting language regarding the permitted use of motorized vehicles on athletic facilities. C/Meyer suggested that the language be changed to indicate "designated and approved". VC/Ruzicka, noting that motorized vehicles are not permitted on fields during games, stated that it is very difficult to drag fields by hand. C/Plunk suggested that the section be reviewed in a year. The Commission concurred. Page 15 C2 through page 17 needs further review. Chair/Whelan requested that user groups notify the City regarding maintenance of fields, and staff will designate the responsibility to a staff member, to avoid duplication. August 8, 1991 Page 2 C/Plunk mentioned that at the August 23, 1990 meeting, Charles Broski requested fencing at his property adjacent to Maple Hill Park. C/Meyer stated that though he sympathizes with Mr. O'Campo's situation, there is no justification that contributing to the construction of a block wall would serve any public purpose. He would be willing to recommend the installation of wire (chain link) fencing on top of Mr. O'Campo's slope to discourage access to that area. C/Stitt, noting that it has been indicated that ATV's are being ridden in the City's open space area, suggested that the matter be referred to the City Attorney. He stated that he would favor some fencing as mentioned by C/Meyer. Motion was made by C/Meyer seconded by VC/Ruzicka and CARRIED UNANIMOUSLY to recommend denial of Mr. O'Campo's request that the City share in the cost of a block wall. He further recommended that the City Engineer attempt to install temporary fencing, when the funds are available, from the back of the sidewalk, to the top of the slope for 50 feet, and turn the corner for another 20 to 45 feet. Chair/Whelan requested the posting of "No Trespassing" signs along the property. Park Use Policy AA/Fritzal addressed the Commission regarding the Draft Park Use Policy. Staff requested that the Commission review the document and comment accordingly. C/Meyer, regarding the last paragraph in the Statement of Policy, indicated that there needs to be a provision for variances. The Commission requested that the eighth paragraph on page four (4) be further expanded and be placed as a separate subheading, labeled Variances and Grievances. Staff will include a Definition section on page 5. C/Plunk requested that a reference be made, in the Definition section, indicating that campfires, liquid fuel or charcoal fires are prohibited, except in City designated areas. August 8, 1991 Page 4 Chair/Whelan requested reserved signs be placed at designated park areas, as opposed to placing one sign, "Reserved", at the entrance of the park. This avoids confusion that the entire park is being reserved. COMMISSION C/Stitt informed the Commission that he addressed COMMENTS: the Council and stated his reservation regarding the installation of brackets on vertical poles. C/Plunk requested that staff review the minutes and be prepared to inform the Commission of the status of several of the requests made by the Commission. C/Plunk stated the following concerns: 1) there are no doors on some of the stalls of the women's bathroom at Sycamore Park; 2) behind the back stop, at Heritage Park, there is a sharp structure that should be looked into; and, 3) the fields at Heritage Park and Summit Ridge Park need upkeep. Chair/Whelan noted that Ronald Reagan Park does not have directional signs. ADJOURNMENT: Motion was made by VC/Ruzicka, seconded by C/Stitt and CARRIED UNANIMOUSLY to adjourn the meeting at 8:20 p.m. Respectively, /S/ KELLEE FRITZAL Kellee Fritzal Secretary Attest: /s/ PAT WHELAN Pat Whelan Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMITTEE MAY 9, 1991 CALL TO ORDER: Vice Chairman Gravdahl called the meeting to order at 6:05 p.m. at the Diamond Bar Library, 1061 South Grand Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Vice Chairman Gravdahl. ROLL CALL: Commissioner Beke, Fritz, and Vice Chairman Gravdahl. Commissioner Chavers and Chairman Ortiz were absent. Also present were City Engineer Sid Mousavi, Engineering Administrator Deborah Murray, Administrative Analyst Tseday Aberra, Deputy Richard Clark, and Contract Secretary Liz Myers. APPROVAL OF THE Commissioner Beke requested the Minutes of April MINUTES: 11, 1991 be amended on page 2, fourth paragraph to read "Al Rumpilla", and "Ms. Rouse", page 2, sixth paragraph, to read "double left hand turn", page 3, ninth paragraph to read as "basis", and page 4, eighth paragraph to read as "Mike Muravez". Motion was made by C/Beke, seconded by VC/Gravdahl to approve the Minutes of April 11, 1991, as amended. The motion did not carry. AYES: COMMISSIONERS: Beke and Gravdahl. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: Fritz. COMMISSION C/Fritz is welcomed into the Commission. COMMENTS: C/Beke requested an update on the project to put sidewalks in at Brea Canyon Road under the 60 freeway. City Engineer Sid Mousavi stated that designs are completed. The project will be underway when CalTrans issues encroachment. DISCUSSION: Kathy Higley, project manager for the development of the circulation element, representative of DKS, Presentation reported that DKS prepared a milestone technical by DKS. memorandum document of the existing conditions within the City of Diamond Bar. She discussed the elements encompassed in the analysis, and illustrated the traffic volumes within the City by use of two graphic maps. The direction of DKS is to examine ways to contain or control the regional movement, and to develop policy and programs that return the streets for use of the residents. The Commission discussed various elements indicated by the graphic maps. May 9, 1991 page z Kathy Higley stated that DKS has begun coordinating with the consultant preparing the Route 57 Corridor Study to ensure that their recommended actions and programs are incorporated into Diamond Bar's General Plan. VC/Gravdahl inquired if the HOV lane on the 57 freeway will come into Diamond Bar. CE/Mousavi stated that a recent discussion with CalTrans indicated that there will be an HOV lane on the 60 freeway from Brea Canyon Road, and continue easterly through the interchange connecting to the San Bernardino County line. The County of San Bernardino may then continue the HOV lane up to Ontario Airport. Kathy Higley stated that their next milestone is to address local streets and local street issues, as well as identifying the protection plans. In response to VC/Gravdahl's inquiry, Ms. Higley stated that there will be three levels of alternative forms in the circulation element: immediate cost effective improvements, physical improvements, and long range policy directions. VC/Gravdahl inquired if the circulation element indicates possible alternate streets in the Tres Hermanos section of Diamond Bar. Kathy Higley responded that there has been discussion by the General Plan Advisory Committee of the likely land use of the Tres Hermanos area. The next step will be discussion on what kind of circulation system would be required to support that use. The Commission discussed some traffic concerns regarding the Sunset Crossing issue, as well as the opening of Grand Avenue to Valley Road. Kathy Higley stated that DKS has defined traffic analysis zones within the City. She explained that the land use inventory is being developed based on this zoning system. The zoning system is compatible and aggregate with SCAG requirements. Bicycle Lane: Administrative Analyst Tseday Aberra addressed the Diamond Bar Blvd. Commission regarding the request from Walnut Valley and Golden Brethren In Christ Church to investigate the misuse Springs Road of the bicycle lane, by motorists, on Diamond Bar Boulevard. Staff recommended that the width of the May 9, 1991 Page 3 existing bicycle lane be reduced to 5 feet from the edge of the curb, and be clearly marked "BIKE LANE" at Palomino, midway and Golden Springs Drive. Deputy Clark, questioning the validity of the accident report, inquired if there was any indication in the reports that specify the location of the accidents from the intersection. CE/Mousavi explained that the reports do not specify how many accidents are related to the bike lane itself. C/Beke stated he would not support the reduction of the bike to five feet unless 3 southbound lanes are created. He submitted his proposal, for staff's consideration, on a way to achieve this. Motion was made by C/Fritz, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to continue the matter to the next meeting pending staff's investigation on the feasibility of the proposal submitted by C/Beke. Stop Control: AA/Aberra addressed the Commission regarding the Hawkwood Road request to install a stop sign on Hawkwood Road at and Running Running Branch. Staff recommended that a 3 -way Branch stop control at the intersection of Running Branch and Hawkwood is warranted because it is a blind intersection. C/Beke stated that the present stop control was to take care of the visibility problem. He recommended improving the visibility of the existing stop sign by trimming the Eucalyptus tree, and putting in a limit line, and stop pavement marking at Hawkwood. Motion was made by VC/Gravdahl, seconded by C/Beke and CARRIED UNANIMOUSLY to direct staff to follow the recommendations made by C/Beke and then observe the area for the next few months to see if the situation has been cleared. LATE BUSINESS: VC/Gravdahl inquired if the Ballena/Palomino intersection can be observed again. CE/Mousavi stated that it is recommended to observe the area six months after the first study. VC/Gravdahl pointed out that the area should be studied during it's peak chaotic hours of 6:00 a.m. and evening time. He directed staff to observe the area once again. 6 May 9, 1991 Page 4 INFORMATIONAL CE/Mousavi informed the Commission that, upon ITEMS: request, specific collision reports can be obtained through the Sheriff's Department and incorporated Types of into the next agenda package. Collision Reports C/Beke stated he is specifically looking for locations that have a high concentration of accidents. CE/Mousavi requested the Sheriff Department to run the accident report for a specific segment of a street, or intersection to allow the Commission to compare the different programs available. Deputy Clark consented. LACCMA: "Up to This item is presented to the Commission for their Speed" information. Letters of This item is presented to the Commission for their Response information. STAFF COMMENT: CE/Mousavi inquired if the Commission would prefer to meet Friday afternoon at 2:00 p.m., as was requested by Chair/Ortiz. VC/Gravdahl stated that the Commission needs accessibility to allow the public the opportunity to attend meetings. He does not feel that afternoons would allow this. C/Beke indicated that he would prefer the meetings be held later in the evening. Upon the Commission's consensus, VC/Gravdahl directed staff to place the item on the next agenda to indicate changing the meeting to Thursday 6:30 p.m ADJOURNMENT: The meeting was adjourned at 7:35 p.m. to the next regular meeting of June 13, 1991. Respectively, Sid Mousavi Secretary/ Traffic and Transportation Commission Attest: Mr. Gravdahl \ Vice Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JUNE 13, 1991 CALL TO ORDER: Chairman Ortiz called the meeting to order at 6:00 p.m. at the Diamond Bar Library, 1061 South Grand Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Chairman Ortiz. ROLL CALL: Commissioner Beke, Commissioner Chavers, Vice Chairman Gravdahl, and Chairman Ortiz. Commissioner Fritz was absent. Also present were City Engineer Sid Mousavi, Engineering Administrator Deborah Murray, Administrative Analyst Tseday Aberra, Sergeant Rawlings, and Contract Secretary Liz Myers. APPROVAL OF C/Chavers requested the Minutes of May 9, 1991 be MINUTES: tabled to the next meeting. April 11, 1991 Motion was made by C/Chavers, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to approve the May 9, 1991 Minutes of April 11, 1991. Commission VC/Gravdahl suggested sending out notices to Comments: candidates of the November election outlining areas prohibiting campaign signs. Chair/Ortiz noted that recently there was an injury accident at Silver Hawk and Diamond Bar Blvd. The area will continue to be monitored in conjunction to Kiowa Crest and Diamond Bar Blvd. He also indicated that there is a need to set a policy prioritizing stop control requests. PUBLIC COMMENTS: Randy Clue, 21541 Birch Hill Drive, requested that the Commission consider installing a permit system that will allow residents of his community to park in front of their homes, which currently prohibits parking during school hours. He also requested that street sweeping signs be posted to assure adequate cleaning. C/Beke suggested that the street sweepers be requested to come before school hours. C/Chavers directed staff to review the types of area parking programs that are available. The item is to be placedon the next agenda for discussion. CE/Mousavi informed the Commission that implementation of a parking program would require a public hearing. June 13, 1991 Page 2 NEW BUSINESS: Request for CE/Mousavi addressed the Commission regarding the Traffic Signal: request by Mr. Clair Harmony, Vice Chairman of the Golden Springs Planning Commission, to install a traffic signal at Carpio Drive at the intersection of Golden Springs Drive and Carpio Drive, as well as a stop sign on Silver Spray at Carpio Drive. DKS and Associates, the City's Traffic Engineering Consultants, recommended the installation of a traffic signal at the intersection of Golden Springs Drive and Carpio Drive, and a stop sign on Silver Spray at Carpio Drive. It is also emphasized that the stop line should be placed where sufficient visibility to the right could be achieved for a safe crossing. Staff recommended that the Commission concur with DKS and Associate's recommendation. C/Chavers questioned the process which determines the sequence in which traffic control requests are presented to the Traffic and Transportation Commission. He would prefer not to pursue the request for this particular traffic control until there has been further discussion on the analysis of this process. VC/Gravdahl concurred that there needs to be a procedure determining how requests are prioritized. C/Chavers recommended the formation of a sub- committee, consisting of 2 members from the Commission, to work with the City Engineer, to develop a policy, as well as develop a dialogue between the Traffic and Transportation Commission and the Planning Commission. Clair Harmony, Vice Chairman of the Planning Commission, concurred with the need to develop a dialogue between the two Commissions. He suggested that the Traffic and Transportation Commission should give their input on projects coming before the Planning Commission. In regards to the traffic control request, he emphasized the traffic problems in the area. C/Beke cautioned that warranted traffic controls must be installed immediately to safeguard the City from incurring liability. Motion was made by C/Chavers, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to concur that a signal at Golden Springs Drive and Carpio Drive is a warranted signal; a stop sign at Silver Spray and Carpio Drive be installed; the hidden stop June 13, 1991 Page 3 sign at Carpio Drive and Armedos be moved, and shrubs cleared to assure adequate visibility; to recommend that no design or construction effort begin on the signal until the establishment of a priority structure; and that the Commission designate a sub -committee to work with staff in developing a policy and a procedure for studying signal requests, and fitting them into a priority structure. AYES: COMMISSIONERS: Beke, Chavers, Gravdahl, and Chair/Ortiz. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. C/Chavers and VC/Gravdahl volunteered to serve on the sub -committee. Change of The Commission discussed possible dates and times Commission Meeting to hold the Commission meetings. Time Motion was made by VC/Gravdahl, seconded by C/Beke and CARRIED UNANIMOUSLY to hold the meeting the second Thursday of each month at 6:30 p.m. at the Diamond Bar Library. CE/Mousavi requested permission to schedule a meeting at 6:00 p.m. if there is an item that staff recognizes will require more time. The Commission concurred. Parking Spaces: AA/Aberra addressed the Commission regarding the DBHS request from a resident to remove 2 -hour parking limit signs and provide additional parking spaces on Brea Canyon Road to students attending Diamond Bar High School (DBHS). Staff recommended that the Commission deny the request to provide additional parking spaces for DBHS. Suzanne Rhino, residing at 1148 Seneca Place, emphasized the importance of providing more parking spaces for students of DBHS. She inquired why there is restrictive parking on Brea Canyon Road. Sgt. Rawlings suggested that car pooling would be a more appropriate way to address the parking problem. He explained that parking on Brea Canyon is restricted because there is a potential for traffic accidents in the area. C/Chavers suggested a study session, with a representative of the School District, to discuss the situation. June 13, 1991 Page 4 VC/Gravdahl directed staff to draft a letter to the School District inviting them to attend a joint workshop regarding the parking situation, and to schedule it for the next Commission meeting. Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED UNANIMOUSLY to accept staff's recommendation to deny the parking request at this time, and suggest that contact be made with the School Board communicating the concerns of the Traffic and Transportation Commission, and request that their representative attend the next meeting. Mrs. Rhino is to be notified of the School District's response. AYES: COMMISSIONERS: Beke, Chavers, Gravdahl, and Chair/Ortiz. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. Request for Stop CE/Mousavi addressed the Commission regarding Control: Racquet several requests from the community within Racquet Club at Golden Club Drive for a stop control on Racquet Club Springs Road Drive and Golden Springs Road. He indicated that a traffic signal can only be considered for private development when the property owner of that development contributes towards the cost of the signal. Based on information indicated in the report, it is recommended that the Commission deny the request for a stop control. Ruth Schleikert, residing at 22889 Hilton Head Drive, unit 271, emphasized that the traffic is so heavy on Golden Springs that residents are unable to turn left. She indicated she is willing to suggest a discussion, with the Homeowners Association, for paying the cost of a stop control. Alice Leona Mills, Vice President of the Homeowners Association, stated that she has witnessed many near misses. She emphasized the danger of the traffic situation. C/Beke requested more accident data, as well as the peak a.m./p.m. driveway counts. C/Chavers suggested that staff look into the possibility of establishing a median, which can be treated as a refuge. He also requested the a.m./p.m. driveway count. Motion was made by C/Beke, seconded by C/Chavers and CARRIED UNANIMOUSLY to table the issue to the next meeting, to include more accident data, and a June 13, 1991 OLD BUSINESS: Page 5 hand count of the a.m./p.m. peak hours at the driveway. Modification EA/Murray addressed the Commission regarding a of Bicycle Lane: request from Walnut Valley Brethren In Christ diamond Bar Blvd. Church to investigate the misuse of the bicycle & Golden Springs lane on Diamond Bar Blvd. by motorists. It is recommended that southbound Diamond Bar Blvd. be striped in order to accommodate a 5 foot wide bike lane and additional right turn only lane from approximately Palomino Drive/Gentle Springs Lane to Golden Springs Drive in accordance with Exhibit "A" and a precise design by an engineer approved by the City Engineer. C/Chavers noted that the problem is not limited to Palomino Drive, and suggested extending the plan as far back as Caltrans will permit. C/Beke concurred that something may be needed under the freeway heading north. However, the third lane is especially needed in the commercial area indicated. The purpose is to eliminate what is currently a violation of the bike lane. C/Chavers stated that currently the plan creates a massive weaving issue. He is concerned about how the movement of the third lane is controlled at the previous intersection. CE/Mousavi suggested considering forcing the through traffic into the second lane, prior to Palomino- Drive, creating a wide island for shoppers and those turning right. Motion was made by C/Beke, seconded by VC/Gravdahl and CARRIED to accept staff's recommendation, with the concept reviewed to extend the bicycle lane one block further south, and investigating the need to channelize traffic beginning with the freeway ramp and Palomino Drive/Gentle Springs Lane. AYES: COMMISSIONERS: Beke, Gravdahl, and Chair/Ortiz. NOES: COMMISSIONERS: Chavers. ABSTAIN: COMMISSIONERS: None. Traffic Movement: CE/Mousavi addressed the Commission regarding the Palomino Drive request for additional stop control on Palomino Drive. It is recommended that the Commission concur with staff's recommendation to bring back this matter after DKS completes and analyzes it's data in July. June 13, 1991 Page 6 Sgt. Rawlings informed the Commission that there have been 80 citations given, since April 30, 1991, to motorists going at least 13 m.p.h. over the speed limit. Motion was made by VC/Gravdahl, seconded by C/Chavers and CARRIED UNANIMOUSLY to table the matter until the information is made available. AYES: COMMISSIONERS: Beke, Chavers, Gravdahl, and Chair/Ortiz. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ITEMS FROM Chair/Ortiz entertained a motion for the rHE COMMISSION: nomination of a chairperson. VC/Gravdahl suggested postponing the nomination to a date when all the Commissioners will be present. Upon the agreement of the Commission, the reorganization of the Commission is scheduled for the August meeting. CE/Mousavi, in response to C/Chavers inquiry, stated that there will be a final report on the State Route 57 Transit Study the first week in July. INFORMATIONAL CE/Mousavi stated that any Commission comments to ITEMS: the Circulation Element Study (CES) would be appreciated. CE/Mousavi stated that the issues of the Project Study Report (PSR) will be discussed at the next meeting. C/Chavers commented that DKS has done a good job with the CES in identifying implementable strategies. ADJOURNMENT: The meeting was adjourned at 8:28 p.m. to the next regular meeting of July 11, 1991. Respectively, Sid Mousavi Secretary/ Traffic and Transportation Commission Attest- 0, Toif Ortiz Chairman CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION JULY 8, 1991 CALL TO ORDER: Chairman Schey called the meeting to order at 7:00 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Vice Chairman Harmony. ROLL CALL: Commissioner MacBride, Commissioner Lin, Commissioner Grothe, Vice Chairman Harmony, and Chairman Schey. Also present were Planning Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, City Planner Emeritus Irwin Kaplan, District Attorney Bill Curley, and Contract Secretary Liz Myers. MINUTES: VC/Harmony requested that the Minutes of June 24, 1991 be amended on page 4, third paragraph, to read June 24, 1991 "...property without filling in an ecologically sensitive canyon.", with the remaining sentence deleted; and page 6, first paragraph, to read "...the Enforcement Officer should have code enforcement authority.". C/Lin requested that the Minutes be corrected on page 5 to indicate the correct spelling of Dr. Lam. C/MacBride requested that the Minutes be amended on page 6, last paragraph, sixth line to read "...Code which are...". Motion was made by C/MacBride, seconded by VC/Harmony and CARRIED to approve the Minutes of June 24, 1991, as amended. C/Grothe abstained. Annual Chair/Schey requested nominations for Chairman. Reorganization of the Planning C/MacBride nominated C/Grothe for Chairman. Commission Chair/Schey seconded the nomination. C/Lin nominated VC/Harmony for Chairman. VC/Harmony seconded the nomination. Motion was made by C/MacBride, seconded by C/Grothe and CARRIED UNANIMOUSLY to close the nominations. Upon VC/Harmony's request, candidates C/Grothe and VC/Harmony expressed their goals and objectives for seeking the appointment. Chair/Schey called for the vote on the nomination for C/Grothe as Chairman. AYES: COMMISSIONERS: MacBride, Schey and Grothe. July 8, 1991 Page 2 NOES: COMMISSIONERS: Harmony. ABSTAIN: COMMISSIONERS: Lin. Chair/Schey called for the vote on the nomination for VC/Harmony as Chairman. AYES: COMMISSIONERS: Lin and Harmony. NOES: COMMISSIONERS: MacBride, Schey, and Grothe. ABSTAIN: COMMISSIONERS: None. C/Grothe was appointed Chairman of the Commission. Chair/Grothe requested nominations for Vice Chairman. VC/Harmony nominated C/Lin for Vice Chairman. C/Lin declined the nomination. C/Lin nominated C/MacBride for Vice Chairman. VC/Harmony seconded the nomination. Motion was made by VC/Harmony, seconded by C/Schey and CARRIED UNANIMOUSLY to close the nominations for Vice Chairman. Chair/Grothe called for the vote on the nomination for C/MacBride as Vice Chairman. AYES: COMMISSIONERS: Schey, Harmony, Lin, and Chair/Grothe. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: MacBride. C/MacBride was appointed Vice Chairman of the Commission. Honorary Chair/Grothe presented a plaque to C/Schey, on Plaque behalf of the Commission and staff, honoring him for holding the position as first Planning Commission Chairman. VC/MacBride extended his appreciation to C/Schey for his dedicated service. He also extended his appreciation to C/Harmony for his dedication as Vice Chairman. NEW BUSINESS: PD/DeStefano addressed the Commission regarding the direction from the City Council that the Sign L'igns Ordinance and its proposed changes be returned to the Planning Commission. The City Council recommended that the Commission review the attached staff corrections and proposed amendments as outlined by the Chamber of Commerce. PD/DeStefano explained that the matter need not be a noticed public hearing due to the direction received by the July 8, 1991 Page 3 City Council. It is recommended that the Commission open this matter for public testimony and direct staff accordingly. VC/MacBride requested an explanation as to why Real Estate signs are restricted by day and time, as indicated on pages 26 & 27 of the Sign Ordinance. DA/Curley explained that the restrictions are not based on any legal requirement, but rather are based on similar structures utilized in other cities. PD/DeStefano explained that the indicated restrictions correspond with real estate caravans. Staff will verify that the days and times listed correspond to local real estate caravans. Chair/Grothe stated that 6 sq. ft. for an open house sign seems excessive. He directed staff to check the sizes of local open house signs currently being utilized. The intent is not to outlaw the size, but to insure that the size does not increase. C/Schey stated that open house signs need not be restricted by particular days, and that liberal time slots are adequate. He also indicated that one off-site sign on an intersection should suffice. Bill Curley explained that the ordinance is referring to the number of signs allowed at any given intersection, rather than the aggregate allocated to an open house. C/Schey questioned, if more than two real estate agents feel a need to utilize the intersection for directional signs, which sign is removed by the Code Enforcement Officer. Chair/Grothe suggested that no more than one from each real estate company be allowed on the arterial streets. C/Schey suggested limiting open house signs to be on-site. C/Lin noted that if the open house signs are limited to on-site only, it would create difficulty in selling the property. PD/DeStefano suggested that staff will confer with the local Board of Realtors for their recommended July 8, 1991 Page 4 guidelines for on-site and off-site signs, and bring the information back to the Commission. Chair/Grothe noted, on page 26E, the configuration allows one window sign per ground level lease space. He requested that it be amended to include second story owners. Chair/Grothe opened the discussion to the public. Fred Scalzo, representing the Chamber of Commerce Municipal Advisory Committee, addressed the Commission regarding the prepared letter, submitted to the Commission, concerning the signage issue. He noted that the majority of signs existing in Diamond Bar would be illegal following the ordinance as proposed. He reviewed each area of concern indicated in the prepared letter. In summary, he stated that there is a need to restrict signage, however, he suggested that it is impossible to legislate good taste. C/Harmony, referring to the summary of the letter presented by the Chamber of Commerce, questioned if, as they said in Mission Viejo, signage could be pegged as the cause of failure in Mission Viejo. A check with the City revealed that sales tax revenues were up and their Chamber had virtually no complaints with their sign ordinance. He emphasized that signage tends to create an ambiance in the community that helps produce the kind of customer one wants to attract. He then inquired of staff what kind of signage projects would be included under the $1,000.00 fee type structure. PD/DeStefano explained that under the present fee structure, any sign requiring review by the Commission, not incorporating a public hearing, would presently run $1,000.00. Under the recently adopted fee structure, effective September of 1991, fees for public hearing projects are a direct result of the number of hours it would take to process the application. C/Schey inquired if a typical store front sign, which is part of an approved sign program, would come to the Commission for review. PD/DeStefano responded th it could be handled by involves 2 or 3 tenants sign contractor, then it the Commission. t if it is a single sign, staff. However, if it simultaneously, with one would require review by July 8, 1991 Page 5 C/Schey noted that the Chamber of Commerce made a lot of good points, some of which will need some reconsideration by the Commission. He indicated that he would like to give some thought to the sizes of signs, and the complexity of the approval process for simple signs. VC/MacBride inquired, of Mr. Scalzo, how many people were involved in the compilation of the data indicating that the community does not perceive current signage to detract from its character. Mr. Scalzo described the origin of the project, the method used to survey the type of signage programs used by center managements, and the opinions of the individual business owner. Bob Falker, residing at 22060 East Cedardale, representing the Chamber of Commerce, explained that the questions used in the survey were designed to draw out the policies currently used, and determine the effects when compared with the proposed sign ordinance. VC/MacBride, referring to the survey taken by the Diamond Bar Improvement Association (DBIA), noted that the survey indicated that residents approved a more strict signage ordinance. It is a matter of judgement of what is good for the community. Mr. Scalzo stated that the intent of the business community and the residential community should not be separated. Everyone desires Diamond Bar to remain a beautiful City. He stated that they think the proposals given are reasonable, and request that the Commission consider them very thoroughly. Iom Kiei, residing at 3301 Parking Ridge, owner of the shopping center on Fountain Springs and Diamond Bar Blvd., expressed his concern for the relationship between the survival of his tenant's businesses, and the visibility of the signage to be permitted. Robert Zirbes, residing at 2141 Tierra Loma Dr., representing the DBIA, reemphasized the survey previously mentioned by VC/MacBride. Bob Falker stated that it is necessary to assure that business thrive to insure the survival of the community. Sixty percent of the business community would not meet the present requirements of the sign ordinance. He suggested that, in regards to freeway signs, the signage should be assertive to July 8, 1991 Page 6 encourage outside customers to spend money in Diamond Bar. The Commission reviewed the proposals presented by the Chamber of Commerce. The Commission concluded that: Wall Signs for Individual Use Section 106 A2 and 108 D3 - It is to remain as originally proposed, with the inclusion that it should not exceed 80% of the frontage of the establishment. Exceptions for centers should be looked at as a variance. Freestanding Monument Signs Section 108 D1 - It is to remain as originally proposed. Freestanding Monument Signs for Commercial Centers Section 108 D4 - It is to remain as originally proposed with the exception of allowing for a special circumstance variance. Chair/Grothe called for a recess at 9:43 p.m. The meeting was called to order at 9:49 p.m. Freeway Signs Section 102 D5 and 108 D3 - The Commission concurred with the Chamber of Commerce' suggestion that freeways and freeway visibility should not be considered differently than surface streets. Review and Permit Approval - The Commission requested that staff develop a program in which encourages centers to develop their sign program to meet the City's criteria. Staff will review the following items: Window Signs, Wall Signs for multi -use buildings or commercial centers; Government Flags; and Building I.D. Signs. The Commission prefers to review the following items: Freestanding Monument Signs; Civic Organizations Signs/ Institutional Signs/Church Signs; Subdivision or Rental Community Signs; and Attraction Boards. Section 106 Al - Staff indicated that they will ask the Chamber of Commerce to be more specific as to what interpretation they are concerned with. Section 108 B1 - The item was previously addressed. July 8, 1991 Page 7 Section 108 B2 - The Commission requested that staff determine the need for the change. If the need is valid, then the Commission is in consensus to allow the item to be changed. Section 108 D2 - The Commission concurred that 25% was adequate for permanent signs. Staff was requested to develop an appropriate restriction for holiday window sign coverage. Section 108 D10 - The Commission concurred that the item should remain as originally proposed. Review of Draft CPE/Kaplan addressed the Commission regarding the Land Use Element Draft Land Use Element of the 1991 General Plan. The purpose of tonight's meeting is to familiarize the Commission with the General Plan process and, specifically, the Land Use Element. The Commissions comments will be forwarded to the City Council for their review, and their comments will be incorporated into final documents returned to the Planning Commission for adoption in September. He suggested that the Commission review the document indicated by asterisks, and request the GPAC to review those items and advise the Commission appropriately. He explained that the GPAC concentrate mostly on the relationship between land use and circulation. Lloyd Zola and Kent Norton, from the Planning Network, and Kathy Higley, Transportation Consultant from DKS, will introduce how land use and circulation come together, and what the key components are. Lloyd Zola, from the Planning Network, explained that the objective of the plan is to maintain the quality of residential neighborhoods. Kathy Higley, from DKS, presented a copy of the Draft Circulation Element to the Commission. She explained that it is designed to begin to frame and define the transportation issues within Diamond Bar. It begins to focus on local circulation needs and balancing those needs with regional demands and mandates. An extensive existing inventory was done on the circulation system in Diamond Bar. She explained that a travel forecast model was also developed which took into consideration the potential land use alternatives; land use implications surrounding Diamond Bar; and circulation system alternatives that is being considered by outlined jurisdictions, and its implications to Diamond Bar. July 8, 1991 Page 8 CPE/Kaplan stated that Diamond Bar's road network was developed to service the region. We are attempting, in the General Plan, to restore those roads to service local needs to the extent that it is possible. This will present some implications and ramifications. Kathy Higley stated that chapters 5 and 7, of the Draft, referring to the future conditions, are designed to present the issue, present both sides of the implications, including the benefits and the disadvantages, as well as the impacts. They are intended to be guiding decisions to the quality of life issues. Lloyd Zola explained that the GPAC focused on how to preserve the existing community, as well as determine the effects and impacts we have on other communities' decision making. He stated that open space was also a major issue, and that three types of open space policies relating to land use was dealt with: dedicated open space; lands identified as committed to open space; and vacant lands with developable inventory. He reviewed some of the themes of the General Plan: to protect and preserve the environment; to assure that a major regional road not go through Tonner Canyon; to develop basic policy direction on new development to make Diamond Bar a city to look at, not just from; and to provide a mix of land uses within the City. CPE/Kaplan explained that the major areas where most change can take place is Tonner Canyon and Tres Hermanos. Most of the development of the community will be an extension of that trend, or existing trends. Also, a general philosophy of the plan is to focus and define the commercial areas of Diamond Bar, and determine the use of the open space. The following is the verbatim dialogue during the July 8, 1991 meeting regarding the GPAC: C/Harmony - "In the GPAC process, how many public hearings did they hold?" CPE/Kaplan - "They didn't hold hearings as such. They held meetings. And those meetings, of course, were opened to the public." C/Harmony - "How were they advertized?" CPE/Kaplan - "They were not advertized, other than, I think they were only by, only through the GPAC July 8, 1991 Page 9 themselves. It was a working group, it was designed and intended as a working group." C/Harmony - "Was there public notice put on the front hall, front door of the City Hall type of notice?" CPE/Kaplan - "I don't recall if there was any noticing other than the mail outs that the GPAC had their meetings, and their meetings were being held." Chair/Grothe - "I think I've seen it in the press a few times. But..." PD/DeStefano - "Yeah, it's been in the press a few times and... C/Harmony - "What kind of notices were in the press? I remember one with you (DeStefano) in front of City Hall talking about that there was going to be a full public participation, and full reports. Did we advertize meeting dates and schedules? Either through the press or through advertising?" PD/DeStefano - "Not that I can recall, other than we had a feature story on the GPAC and the General Plan in one of the community newsletters. And it has been discussed from time to time. The community newsletter is the only one I can focus on right now." C/Harmony - "That's the one with your picture on it. " PD/DeStefano - "No." C/Schey - "Didn't the GPAC have a series of meetings in various areas of the City with the idea of having like input from different areas of the City?" PD/DeStefano - "Not that I am aware of." C/Harmony - "That's precisely what they started off to do. They never did." C/Schey - "They never actually got implemented." C/Harmony - "So this comes to us basically produced by 30 wise and committed gentleman with professional staff and very little public support." July 8, 1991 Page 10 CPE/Kaplan - "I would say that, yeah, it was not intended as a document to derive public support. It was intended to give you a document for which you will derive..." C/Harmony - "But now we have a very complicated document, and I would hope at some point in time we'd be able to summarize it and start to get it out, not just announcing public hearings that we're going to have to face the, the results on. But that there is an education process going out prior to that." PD/DeStefano - "Well there in fact is, there." C/Harmony - "Public hearings are not enough for the total life of the community. And that's what this document is." PD/DeStefano - "No, that's not what I am referring to. The September edition of the Community Wide newsletter is going to be devoted substantially to the General Plan. Which will be published the end of August, well in advance of the public hearing process. We're also are planning on articles and stories that we can get from the local news media regarding it, as well as the public hearing notification and so forth." C/Harmony - "Now I agree with that whole heartedly. I think that the newsletter is a little shallow, as one professional to another, and that I'd hope that you would take a pen to it, you and Irwin, to get some details into it and those real meat, and I would have liked to see more of this earlier on. But I think that we should be aware of what we're facing here." C/Schey - "Well I think the practicality though is that the typical John Q. Public can't get to excited about a document that is being done. They get a little bit more excited about seeing a document, being told what it is, and saying oh I have some interest in that." C/Harmony - "Yeah but they are not going to John Q. Public. This is bureaucratese now. It used to, started off where they could walk in, and say, you know, this is my neighborhood that you're meeting in and this is what went wrong and this is what is wrong in my neighborhood. And that's what we'd hope for we'd be getting." July 8, 1991 Page 11 CPE/Kaplan - "I think that what we'd like to do is boil it down to a few simple concepts that people will relate to. That then they could go to the plan and see how their neighborhood is affected. But I think that is the point of taking the document that is not really designed to tell a story and turn it into a story that people can understand, is something we would like to do, we want to do. Any other questions before I ask the consultant to stand up." VC/MacBride noted that there is a reference in the document, page 8, that states, "There is a need to foster a City image that reflects and defines the community's high quality of life." He indicated that the term, "high quality of life" in Diamond Bar, is an assumption, and should be recognized as such. When Diamond Bar was developed, it was not represented by a civic center, a theater, a museum, a senior citizen center, or a major library. Those who came here, settled for less, and was attracted to the quiet, simple community living, with minimum disruption. He emphasized that the planning problem will be to persuade the quiet, near majority, of residents, that the change to a new "high quality of life", can be beneficial. The following is the verbatim speech delivered by VC/MacBride during the July 8, 1991 meeting. "Well I found this report extremely interesting, very helpful, somewhat challenging and I found myself wrestling with a quite different problem than I thought I would wrestle with. I thought that I would be wrestling with the problem of where's the money going to come from, which freely translated into my mind...What are going to do with Tres Hermanos? That's where money is going to come from. Then I said to myself, the second source is going to be the golf course area with the village concept. And after reading this report, I found myself changing my point of view. Not about where the money is coming from. I think that at some point we have to get money from somewhere. And I found the economic meetings that we had very persuasive, the little chart, simplistic though it is, the five year doomsday, when revenue and costs hit one another. And then I've been, I've been, worrying about this all week. I found that there was an assumption. I feel there is an assumption that I hadn't noticed before. I'm just becoming aware of it. As a result of the econ meetings, as a result of partial participation in GPAC, as part result of reading this report, there is one thing July 8, 1991 Page 12 that is beginning to stick out with me, and I don't know whether I'm on the edge of idiocy, or whether I really have a problem with all of this. And... if you don't mind my free wheeling for about 2 or 3 minutes, I'd like to express this so that I could get some feedback. You know... someone could say go and retire in a sanitarium, or whatever... My concern has to do with an assumption that I heard at virtually all of these meetings, that I have been hearing from all of these leading people that we have been meeting with. Not the public. We have not been meeting with the public. This little bi play was very instructive, that you (Harmony) generated. And it is not in criticism. this was the only way we could generate paper, generate ideas, get them down so the public could begin to approach it. That was not criticism, that was just pointing out where we are. But I find myself wrestling with a quite different problem that I think is basic to what we've got to face if we are going to face the public issue at some point. And the public we have to face at some point. If the public doesn't want what we think is good for them, the public will go their own way and water will seek it's level. On page 1 or 18, of this document, there is an issue analysis at the bottom that sums up where my concern starts. It says, "there is a need to foster a City image that reflects and defines", reflects and defines, "the communities High Quality of Life." And the theme "High Quality of Life" has been so bruted about... someone even took a poke at the idea that we were a planned community. Somewhere there is a reference to, that almost implies this is a joke. That the planned community thing is, is... didn't really happen that way at all. And I began thinking about the quality of life, and I'm now at the point where I don't agree with that statement at all. Not from the view point of our leadership, but from the viewpoint of the citizens who live here. Even today, I think a near majority. So I began to scribble down some thoughts that I had about this. I think Diamond Bar's High Quality of Life, quote High Quality of Life assumption, is a myth. It is not a fact. and I think we have to understand this myth if we're going to be successful in doing what we properly should be doing as leaders... trying to get somewhere for a better quality of life. I think that's our goal. Better quality of life. I think we want to get there. But I think we don't July 8, 1991 Page 13 understand the mythology on which some of this is based, we're going to lose. None of our plans are going to materialize successfully because our public won't accept it. So I began saying what was the quality of life. For years, this was nothing but a satrapy, it was an insolate possession of an indifferent County government. The areas image was projected by a windmill, and a public water fountain, which was symbols of early California life, and for all practical purposes, they don't exist any more. They're about as inept as a buffalo on a nickel. The buffalo however were not extinct. Now within that era of California's early ranch days, and with that mind set, I believe that the essence of Diamond Bar's life, life quality, was dominated by four factors ... One, minimal regulatory interference. Two, minimal political responsibility. Three, minimal tax and assessment problems. And four, minimal public facilities and services. And I think that constitutes a way of life for approximately half of Diamond Bar residents. Who may still wish to preserve it that way. And that's where our problem lies if we're really going to plan. Not only about plans, but how we get to our plans. This group, this 50% that I think is there, does not perceive that if the area were still unincorporated the county taxes and assessments would rise to meet the broad general costs. They don't even understand that if they just sat there, taxes would be going up. From that era, Diamond Bar has inherited a vintage ranch Post Office, now serving some 60,000 residents, with administrative oversight in another City. A little miserable problem all by itself. This, quote, High Quality of Life, was not represented by a civic center, a theatre, a museum, a senior citizen center, or a major library. The youth center is a "Y" embracing Diamond Bar and Walnut, owned and administered by another City. The major thoroughfare, Diamond Bar Boulevard, was and is merely in one part a connector device for two regional transportation corridors, 57 and 60. The northerly half of the device is without a protected central dividing strip or a median. It's incredible when you think about it, talk about circulation. Small wonder that incorporation, city hood effort failed twice. Basically, those who first settled here did not choose to select a Pasadena civic center, they didn't choose to select an Ontario, or Pomona library, a San Dimas post office, a Montclair shopping mall, a Fullerton light opera, an E1 Monte museum, or similar city social and cultural services. they did listen to July 8, 1991 Page 14 promises of a high school in north Diamond Bar, promises which were unhappily not realized. It is my contention, and I have been worrying about this, and this is the point of sanity that I was discussing. It is my contention that those who came here settled for less. A great deal less. What was the attraction? Because you have to say to them "why?"....... ...because revenue will not keep up with the costs.. and assuming a status quo on revenues. That such a charge is the sign, for them, that changes is in the works. And that revenue sources, e.g. taxes, are being studied and considered and that the older County minimum quality of life levels will be erased step by step to their unhappiness. As I see it the former quality of life is still represented in part by old cars we see parked on residential front lawns, by overnight parking of trucks, RV's and autos on residential streets, by flags and banners and floating aerial devices decorating various commercial enterprises, or by overall painting of commercial windows for business advertisement. That is the old way of life. For those of us are trying to create something new, a really high quality of life, I don't believe the task is going to be easy. Not the task of devising what it should be like, the task of getting our 50% to understand that it could be of great benefit and a wonderful creation for them. That's where I think our planning problem really lies. I don't want to call it a PR problem because I think that's denigrating the problem. It requires citizen's understanding and desire, it requires creative planning that respects conflicting demands of residential, commercial, business, social, cultural pressures. It requires a responsible expertise to find appropriate revenue sources to finance the life style that we really, really want to achieve, a small group of us now. And at the broadest political, social context, we must accomplish these new goals with a minimum disruptive impact on those who yearn for the old quality of life, and who yearn to merely be left alone. Now in going through this, I had to search my own soul, I realized that I'm responsible therefore by providing an appropriate wish of action list. But I don't want to go into that now. That's not part of what I'm attacking. I have a 5 page action list that all of you, you all know all of the details. My action list may be a little warped or a little July S, 1991 Page 15 different. For example, I would like to see a creative approach to ... this community has been terrified of being ramrodded by a regional corridor, and you've just had Grand Ave. ramrodded through this community till hell wouldn't have it. Now that same fear is going to accept the ramrodding of some kind of an extension of Sunset Crossing in the City of Industry. If it happened once, it will happen again. I think planning would decide if you are going to extend the "Y" playground over to the baseball field in sufficient dimensions that you can't ramrod the street through. And that we are politically astute enough to take the baseball field and extend it...it is a much needed facility and it ought to be extended ... to connect with the State owned vacant land which is virtually land locked next to it. And by wise politicking in Sacramento, I think we could do something there, make a massive park at that end... I guess what I am saying to you all, I've labored through this, and I am not trying to play the phony picture. What I really feel is that there is a quiet, undigested, near majority, darn close, I don't care about that last vote, I think there's 50% still out there, that just want to be left alone, who don't want to answer the mail, who don't want to talk about taxes, who don't want to hear about a new assessment district, who aren't going to sit and talk about the rising cost, the needed revenue and so on, that we have to deal with. it is a political problem. But it runs deeper. It is a social problem. And a social problem runs into the basic psychology of that group and that group, I think, came here for lesser reasons than we have ascribed to them. And I may be one of them. I am not sure as I look back upon my purchase, that I had such...I did not check out the school system, why not?, I did not have a youngster to put through the school system. I didn't therefore get angry at a non High School in northern Diamond Bar, I had no reason to. I didn't check out the lack of museums, or the lack or cultural amenities. I didn't question why there was not a public fountain now, or no public sculptures or civic center. I didn't need them because I thought of driving to Pasadena, to wherever to achieve these things. I go to the Ontario library, or the Pomona library, for my librarial needs, generally. I do not mean to be denigrating the community. The 50% who want to be left alone, that's a deep psychological privilege that they have. And we're not going to leave them alone. And events aren't going to leave them alone. And somehow if we can understand this, and July 8, 1991 Page 16 sympathize with this, and know how to handle, to plan to handle so that the plans can be placed in their hands. As I see it this is our great big problem and that is what I wanted to say." C/Schey concurred that the vast majority of residents want to keep things simple and not become a major city such as Pasadena, and Irvine. However, there is a requirement that the community have parks and facilities for children. Chair/Grothe, concurring with VC/MacBride, stated that an increase in level of service traffic amenities is not the reason why he moved to Diamond Bar. He prefers to travel to facilities, such as malls. C/Harmony indicated that the development of freeway type over passes at Grand Avenue and diamond Bar Blvd. will hurt local businesses and will actually encourage more traffic because of its added accessibility. Lloyd Zola summarized that the "high quality of life" seems to be largely a factor of convenience, whereas, facilities are close but not located in Diamond Bar. Because of the location of the community, residents have been able to enjoy a lot of amenities and facilities without paying the price for them. There is a high quality of life, even though it is not right in town. CPE/Kaplan stated that one of the things that will be done in the General Plan is defining what is the "high quality of life". Chair/Grothe stated that deciding the "quality of life", and the development of the City, based upon how much more sales tax revenue can be generated, is ludicrous. He suggested that the residents be asked to determine what facilities are important, and place it as a ballot measure. C/Harmony complimented GPAC on the solutions stated in the document. ADJOURNMENT: Motion was made by C/Schey, seconded by VC/MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 11:40 p.m. Respectively, CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION JULY 221 1991 CALL TO ORDER: Chairman Grothe called the meeting to order at 7:05 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Russ Hand. ROLL CALL: Commissioner Harmony, Commissioner Schey, Vice Chairman MacBride, and Chairman Grothe. Commissioner Lin was absent. Also present were Planning Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, Planning Technician Armando, City Planner Emeritus Irwin Kaplan, City Engineer Sid Mousavi, District Attorney Bill Curley, and Contract Secretary Liz Myers. MINUTES: C/Harmony requested the following amendments to the July 8, 1991 meeting: July 8, 1991 Page 4, 5th paragraph "C/Harmony, referring to the summary of the letter presented by the Chamber of Commerce, questioned if, as they said in Mission Viejo, signage could be pegged as the cause of business failure in Mission Viejo. A check with the City revealed that sales tax revenues were up and their Chamber had virtually no complaints with their sign ordinance. He emphasized that..." Page 6, Freeway Signs He requested that the substance to the phrase be further detailed. Page 8, insert between paragraph 3 and 4 "C/Harmony asked CPE/Kaplan how many public hearings were held by GPAC, or what public advertising and/or new stories were generated about their activities period." "CPE/Kaplan responded that there were no public hearings and that there was going to be an article in the next City newsletter." "C/Harmony cautioned the Commission about having to deal with a major issue like the General Plan when so little public attention had been given to it during it's two year creation. He suggested CPE/Kaplan be involved in writing some of the in depth reviews of the City publication." July 22, 1991 Page 2 Paae 9. 2nd oaraaraDh "C/Harmony indicated that the development of freeway type over passes at Grand Avenue and Diamond Bar Boulevard will hurt local businesses and will actually encourage more traffic because of its added accessibility." C/Harmony requested various additions to the Minutes of July 8, 1991. Upon verification, the Minutes will be revised accordingly. Motion was made by C/Schey, seconded by C/Harmony and CARRIED UNANIMOUSLY to table the Minutes of July 8, 1991 till the next meeting. PUBLIC HEARING: AP/Searcy addressed the Commission regarding the request for extension of time for the development CUP 89528 of a multi -story parking structure, extension of the existing Honda dealership, a MacDonalds Restaurant, an automated car wash facility, and a free standing center sign. Staff has determined that the project, as conditioned, is in conformance with the standards presently applied and enforced by the City. No significant environmental changes have occurred in the area. The one year request for extension of time is within the time frame allowed. It is recommended that the Commission approve the Extension of Time by the applicant under condition 6, or deny the request and direct staff accordingly. C/Harmony, referencing the correspondence from the City Manager of the City of Industry to City Manager Van Nort, inquired what was meant by the statement "...is a County sewer which does not have the capacity for additional connections." CE/Mousavi responded that the developer has improved the capacity of the sewer system since the time that letter was written. The City of Industry, the County of Los Angeles, and the State of California, who have jurisdiction over this project, have already approved the project. The Public Hearing was declared open. Russ Hand, applicant of the proposed project, summarized the events that led to the approval of the project. He explained that there is a chance he may lose MacDonalds as a client. He assured the Commission that the project is moving forward, and requested that the Commission approve the extension of time. July 22, 1991 Page 3 Fred Janz, a Diamond Bar resident, stated the following concerns: the project was approved without a traffic study; the possibility of structures being built over existing easements; and there is insufficient room for a tanker truck to egress and ingress the property. Bob Buchanan, a resident of Diamond Bar, stated his concern for the type of signage planned. Pierre Williams, residing at 24207 Ginger Wood Place, stated the following concerns regarding the project: structures are being built over easements; the tank place has not been specified; a 2:1 slope is incorporated without a retaining wall; the proposed landscaping is not sufficient; the on- site pedestrian walk is inadequate; MacDonalds is not specified as the restaurant; the effort to get the project going is low; there is no public record of the County's, or City of Industry's approval of the improvements; and the signage is unacceptable. John Brewster, residing at 4071 2nd Street, Yorba Linda, presented documentation to the Commission demonstrating that the sewer line is permitted, and approved by the City of Industry and the County of Los Angeles. Russ Hand emphasized that the sewer line is presently connected; the traffic study was done; the sound issue was address; all grading plans were plan checked; sidewalks are already installed; MacDonalds can be easily replaced; the tanker truck issue was already discussed; and the proposed signage was previously approved. The Public Hearing was declared closed. C/Schey inquired if the type of fast food restaurant would make a difference to the approval of the project. PD/DeStefano stated that the Planning Commission approved a specific restaurant use for that location. The Commission reviewed an overall master plan for the 5 acres, a site plan for the specific MacDonalds restaurant, as well as an architectural review of the proposed design. DA/Curley indicated that whatever is proposed as a substituted would have to be demonstrated to fit the framework as to what was analyzed initially. July 22, 1991 Page 4 C/Schey inquired if it is safe to assume that the issues of easements would be appropriately handled through the plan check process. CE/Mousavi stated that the retaining wall over the storm drains was approved by Cal Trans and the City. Easements are appropriately handled through the plan check process. He further assured the Commission that the sewer system has been connected. John Brewster, upon C/Harmony's inquiry, explained the cause of the delays in the grading permit. He also described the type of landscaping that is being proposed. Russ Hand, referencing the Resolution prepared by staff, pointed out that it does not indicate the specific type of restaurant proposed. C/Harmony, expressing his opposition to the project, stated that the project is over developed, contrary to the General Plan, inconsistent with the Sign Code, has no standard parking spaces, and is out of character for Diamond Bar. He recommended denying the request for extension. Motion was made by C/Schey, seconded by VC/MacBride and CARRIED to accept staff's recommendation to approve the extension of CUP 89528 for one year. AYES: COMMISSIONERS: Schey, VC/MacBride, and Chair/Grothe. NOES: COMMISSIONERS: Harmony. ABSENT: COMMISSIONERS: Lin. OLD BUSINESS: PD/DeStefano reported that the recent Sign Ordinance Draft incorporates all changes outlined Review of Draft by the City Attorney's office, changes as directed Sign Ordinance by the Planning Commission in response to the Chamber of Commerce presentation of July 8, 1991, and specific changes recommended by the City Staff in order to more effectively administer the ordinance. The changes made in the ordinance are indicated by a strike out, and additions are set in italic type face. As determined by the Study Session, held prior to tonight's meeting, it was concluded that: the ordinance contain a list of prohibited signs; there be clarification as to the number of wall signs to be permitted based upon the two sections of the code that describe the maximum number of wall signs; and there be clarification that only one freestanding sign be permitted per street frontage for centers. It is recommended July 22, 1991 Page 5 that the Commission review the Ordinance and direct staff accordingly. C/Harmony inquired how the Chamber of Commerce and the Hacienda, Rowland, Diamond Bar Board of Realtors were involved in amending the Ordinance. PD/DeStefano stated that staff contacted the Board of Realtors per direction by the Planning Commission to obtain information regarding the location, number, and placement of real estate signs, specifically open house signs. Staff was also directed to inform the Chamber of Commerce as to the comments made by the Commission. The Chamber of Commerce played no role in the rewrite of the Commission's instructions. Fred Scalzo, representative of the Chamber of Commerce, requested that the Commission reconsider the following items: Wall Signs for Individual Use: Section 106 A 2 and 108 D 3 - He suggested that the maximum area be increased to 1.5 sq. ft. per 1 lineal foot. Freestanding Monument: Section 108 D 1 - He suggested increasing the maximum sign area to 48 sq. ft. and the maximum height to 10 feet. Freestanding Monument Signs for Commercial Centers: Section 108 D 4 - He suggested that the maximum area be increased to 200 sq. ft. and the maximum height to 25 feet. Bill Hormuth, from K & B Signs, residing at 20930 Courier Road, Walnut, inquired what is allowed, in the ordinance, for upstairs signage. PD/DeStefano stated that the Ordinance is changing to 1 sq. ft. per 1 lineal foot of frontage, including the second floor, up to a maximum of 100 sq. ft. The Commission reviewed the Ordinance and made the following comments: Page 1 - VC/MacBride requested the wording on the last sentence state "...upon completion of the sign permit application, and approval by the Planning Omission." July 22, 1991 Page 6 Page 3 - VC/MacBride requested the wording be changed to read "...in his/her sole discretion."; and C1 to read "Planning Commission". Page 5 - C/Harmony requested that the intent, of item H, be explained. PD/DeStefano stated that the intent is to make sure that signs don't become a vehicular or pedestrian safety problem. Page 14 - C/Harmony, referencing item 108 A.3, requested that the location include the second floor as well. Page 23 - PD/DeStefano, in response to C/Schey's inquiry, stated that the definition of sign height, on page 9, now indicates where the height of the sign is to be measured from. VC/MacBride noted that item 6, page 23, inaccurately references 108 D, and should be corrected to 110 D 2. Page 26 - C/Schey noted that item A. and item B should be corrected to properly indicate is as item a. onsite Signing, and item b. Offsite Signing. Page 27 - Chair/Grothe requested that this provision restrict time only, for both onsite and offsite signs. Following Commission discussion, PD/DeStefano stated that the time restrictions will indicate 9:00 a.m. to 6:00 p.m., for both onsite and offsite signs. C/Harmony stated that the Special Signage Section is so written that it's de facto includes political signs, and garage sale signs. The enforcement procedures are going to be horrendous. Chair/Grothe inquired of the Commission's desire to discuss the 3 issues readdressed by the Chamber of Commerce. C/Schey suggested that the Commission's thoughts, regarding the Ordinance, be referred to the Council, with the intent of keeping the 3 issues as they were previously stated. C/Harmony inquired if it was determined, during the Study Session, that monument signs would be allowed additional address face. July 22, 1991 Page 7 PD/DeStefano stated that the Commission, upon concurring that an address plate attached to freestanding signs was necessary, directed staff to develop a standard that would allow for an 8 inch high letter, and three to four feet of sign face area. Bill Hormoth suggested that, regarding the provision which allows only 1 sign per entrance for commercial centers, the Commission may want to consider allowing larger centers to have signs according to distance within the same property. C/Schey indicated that if Diamond Bar does have a center that large, it can be dealt with on a variance basis. C/Harmony stated he would like a provision requiring it to come back as a special conditional use. Fred Scalzo requested the Commission to reconsider the provision, on page 21, for Freestanding Monument signs for commercial centers. Chair/Grothe directed staff to make the appropriate adjustments to the document, indicating the concurrence of the Commission as a body, and forward it to the August 6 meeting of the City Council. C/Harmony stated that he has a problem with real estate signs and private signs in any category of interpretation of public right of way. He requested that his remark be specifically pointed out as an objection and a concern. Motion was made by VC/MacBride, seconded by C/Harmony and CARRIED UNANIMOUSLY that the sign ordinance amended document, as further amended by the results of these discussions, be finalized by staff and transmitted to the City Council, with the inclusion of C/Harmony's concern about over regulation of real estate and other private signs in public right of way. Chair/Grothe called a recess at 9:38 p.m. The meeting was called back to order at 9:52 p.m. NEW BUSINESS: CPE Kaplan reviewed the elements of the Draft General Plan discussed at the July 8, 1991 Review of Draft Commission meeting with Lloyd Zola, of the Planning General Plan Network, and Kathy Higley, of DKS Associates. Until the Commission has had an opportunity to July 22, 1991 Page 8 conduct the public hearings, consider public comments, and incorporate the results of the Commission's deliberations, the plan should be viewed as the GPAC 's recommendations, and not the Commission's plan. CPE/Kaplan reviewed some the central themes of the document with respect to Land Use Circulation, and identified those policies recommended by GPAC that departure from the existing policies. The following are some of the recommendations of the GPAC: Restore the streets to local use while recognizing the obligation to regional traffic; limit parking areas in business centers and encourage alternate forms of transportation; recognize Grand Ave. as a major arterial; set business license fees to encourage businesses to relocate into the community; establish commercial density limits; establish additional commercial uses in other locations; permit Churches by CUP except in general commercial, hillside, and rural residential zones; maintain the County Golf Course as open space; annex and secure Tonner Canyon, primarily as an open space resort, and exclude the Tonner Canyon Road; reaffirm County policy requiring specific undeveloped areas to remain substantially undeveloped; promote joint development of parks, open space, joint school park sites; pursue acquisition of a site for a multi-purpose center; programs to landscape and maintain slopes in the community; consider bond election to acquire unprotected open space; develop Tres Hermanos as a planned community; residential development standards will be modified to harmonize with hillsides and reflect state requirements with respect to housing; adopt a permanent Hillside Ordinance; encourage innovative housing types; encourage a provision for low and moderate cost housing; and consider the possible annexation of certain areas. Lloyd Zola, of the Planning Network, discussed the following elements of the Draft General Plan: Plan for Community Development - He explained that housing elements are required in a five year cycle which began in 1989. SCAG determined that the best methodology, for newly incorporate cities, is a temporary housing element until the 1990 census is in place. He explained that the housing element needs to recognize that this community is losing low and moderate income residents. The State, however, is looking for providing affordable housing in new residential developments, and are encouraging cities to do so. July 22, 1991 Page 9 Plan for Resource Management - He explained that one of the emphasize of the resource element is using available technology to combat factors such as the recycling element, source reduction, and household hazardous waste management. He further indicated that determining the purpose of preserving open space will be another policy decision. Plan for Public Services and Facilities - He explained that financing capital improvements, in this City, has to come out of existing residents because much of the area is already developed. C/Harmony noted that the time allotted to review and discuss the General Plan is not adequate. Chair/Grothe concurred and suggested that the Commission make a recommendation that there is an application made for an extension of time. PD/DeStefano indicated that the State routinely grants new Cities an extension for up to a year, and request detailed information to assure that progress is being made. VC/MacBride made the following requests: a summary examination of the phrase "high quality of life in Diamond Bar"; and a third category be included, in the data of each presentation, indicating that the policy, procedure, and basic concepts were produced by volunteers of the citizen of Diamond Bar who devoted time and energy to the GPAC. ANNOUNCEMENTS: VC/MacBride addressed the Commission regarding his concern that Sunset Crossing, by the YMCA, will be Commission opened to the City of Industry, creating industrial traffic. He would like the area to be considered for recreational purposes, and a park. Lloyd Zola indicated that the matter is addressed in the Circulation Element. C/Schey noted that the traffic signal on Grand Ave., in front of the Country entrance, has been malfunctioning. CE/Mousavi explained that it is the responsibility of the contractor to repair it. C/ Schey stated that even though it is a warranty item, there should be some means by which the City could fix the problem and back bill them, or back July 22, 1991 Page 10 bill them for the cost of having a sheriff directing traffic. ADJOURNMENT: Motion was made by VC/MacBride, seconded by C/Schey and CARRIED UNANIMOUSLY to adjourn the meeting at 11:25 p.m. Respectively, n�es DeStefano ::retary/Planni g Commission C'. a -z6&+ -7-P ?'ii�. X/00/CARL WARREN & CO. Insurance Adjusters Claims Administrators P O Box 25180 Santa Ana, CA 92799-5180 (714) 972-3146 (800) 572.6900 TO: City of Diamond Bar Attention: Robert Van Nort Date: August 14, 1991 Re: Claim: Dewitt vs Diamond Barr Claimant: Neal Charles & Kathleen Dewitt D/Event: 3-01-91 Rec'd Y/Office: 8-08-91 Our File: S 68082 DK/CV We have reviewed the above captioned claim and request that you take the action indicated below: ;zf CLAIM REJECTION: Send a standard rejection letter to the claimant. [� CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19.THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. t] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. I� LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. [] APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very "k-ruly yours, cc: S.C.J.P.I.A. CARL W),RREN & COMPANY us -C/ �° l Date: August 14, 1991 Re: Claim: Dewitt vs Diamond Barr Claimant: Neal Charles & Kathleen Dewitt D/Event: 3-01-91 Rec'd Y/Office: 8-08-91 Our File: S 68082 DK/CV We have reviewed the above captioned claim and request that you take the action indicated below: ;zf CLAIM REJECTION: Send a standard rejection letter to the claimant. [� CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19.THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. t] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. I� LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. [] APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very "k-ruly yours, cc: S.C.J.P.I.A. CARL W),RREN & COMPANY us DOUGLAS E. WEATHERS, STATE BAR NO. 94484 FISHER, WEATHERS & GEETING Attorneys at Law 4371 Latham Street, Suite 106 Riverside, California 92501 714-788-6270 Attorneys for Claimants NEAL CHARLES DEWITT, KATHLEEN DEWITT Claimants, VS. CITY OF DIAMOND BAR, Respondent. TO: CITY OF DIAMOND BAR: CLAIM FOR PERSONAL INJURIES (GOVERNMENT CODE SECTION 910, ET SEQ.) PLEASE TAKE NOTICE that claimants, NEAL CHARLES DEWITT and KATHLEEN DEWITT, who reside at 2717 S. PEPPERDALE DRIVE, ROWLAND HEIGHTS, COUNTY OF LOS ANGELES, State of California, claim damage from the CITY OF DIAMOND BAR, a public entity as defined in California Government Code Section 900.4, in an amount computed as of the date of this claim to be within the jurisdiction of Superior Court, in addition to special damages incurred as a result of personal injury sustained. This claim is based upon injuries and property damage sustained by NEAL CHARLES DEWITT in a motor vehicle accident occurring on or about March 1, 1991 on Brea Canyon Cutoff, GOVERNMENT CLAIM 1 approximately 834 feet south of Pathfinder Road, in the City of Diamond Bar, County of Los Angeles, State of California, under the following circumstances: Claimant, NEAL CHARLES DEWITT, on the above date was the owner and operator of a 1988 Toyota Camry automobile that was proceeding southbound on Brea Canyon Cutoff approximately 834 feet south of Pathfinder Road, when claimant was suddenly and unexpectedly confronted with a large section of the roadway that was flooded and/or "washed out". As a result of claimant's motor vehicle entering into the flooded roadway, it was caused to "hydroplane" out of control resulting in a head-on collision producing severe personal injuries and property damages as is more fully set forth herein below. Claimant's injuries were proximately caused by the negligent designing, engineering, constructing, inspecting, owning, operating, maintaining and controlling of said roadway so that such public property and adjacent private property did exist in a dangerous condition for claimant herein, and others, on March 1, 1991. Furthermore, respondent failed to give warning of said dangerous condition to claimant herein and others. The facts and circumstances giving rise to respondent's liability, and the incident herein, are more clearly set forth in the Traffic Collision Report number 191-03470-2929-471 consisting of six pages attached hereto and fully incorporated herein as Exhibit "A" for all purposes. The names of the public employees whose acts and/or GOVERNMENT CLAIM 2 2 u omissions contributed to claimant's injuries are unknown to claimant at this time. Claimant, NEAL CHARLES DEWITT, as a result of the above described incident did sustain property damage to his vehicle, including diminished value and loss of use, along with personal injury to his head, torso, upper and lower extremities, internal organs, bruises, contusions, lacerations, emotional distress, shock and fright. Claimant, as a result of said injuries, has incurred medical bills for care and treatment,loss of earnings, property damage and general damages. As and for a SECOND, SEPARATE AND DISTINCT CLAIM FOR LOSS OF CONSORTIUM, CLAIMANT, KATHLEEN DEWITT alleges that at all times relevant hereto, claimant, KATHLEEN DEWITT, and claimant, NEAL CHARLES DEWITT, were and now are lawfully married and living together as husband and wife. That by reason of said injuries and damages sustained by claimant, NEAL CHARLES DEWITT, as hereinbefore alleged, claimant, KATHLEEN DEWITT, has been deprived' of the consortium of her said husband, NEAL CHARLES DEWITT, and has been deprived of the services of said claimant as a husband, all to the general and special damage of claimant, KATHLEEN DEWITT, in a sum to be determined at the time of trial. GOVERNMENT CLAIM 3 WARNING: ALL NOTICES AND OTHER COMMUNICATIONS REGARDING THIS CLAIM SHOULD BE SENT TO CLAIMANT'S ATTORNEYS: FISHER, WEATHERS & GEETING, 4371 LATHAM STREET, SUITE 106, RIVERSIDE, CALIFORNIA 192501. Dated: August 5, 1991 FISHER, WEATHERS & GEETING BY DOUGLAS E. WEATHERS, ATTORNEYS FOR CLAIMANTS GOVERNMENT CLAIM 4 c C,At _l ,OrJ •,Vi0 rr�_� 03 i0J I ill 55 `� tvi(-aS 0 WTO/PiiR T�AYAT MATe u •,.T, [.w o. _ S M T W F Q� tATfTA7SDC,7OM TOTW RAR IIAIT ASL '3 3`-f •TTTr.... a fi �i��ibg7L i� 13— &JL�IHTiL[MMt11 MIArAn TAAA WQe�/O01CAZ�u..WT.somi.., vim} G4 boo. 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CAMAA ►OL CT raAi AL Co LA K NrRAr [ne, DLSPAT�^vq NOTW EL ow Owens a: MOM YPJMAACAL Onti-ne MNt A/IAA CNN, UNIS CMT ooew Ds vn�ea: e.r.o. TweaA TTff i mea [AAamD MM TO NAMATWW u D'Ne[ w DAWOe ANSA ITTI IRIS.71G.L CW[1�CT AVDI[TMA.�� Jf C=" 6AOtj2 {q I -03`-+1O — •fo,LL ccs.QilO�r ORASO l - " _ —_ no�oilf[�s ps q wT NTFi�fLl Mw"M D.S t4C- cY..°1 On ra CAT Tim nm (am I AOC / OTTOCiA l 0. c C,At _l ,OrJ •,Vi0 rr�_� 03 i0J I ill 55 `� tvi(-aS 0 WTO/PiiR T�AYAT MATe u •,.T, [.w o. _ S M T W F Q� tATfTA7SDC,7OM TOTW RAR IIAIT ASL '3 3`-f •TTTr.... a fi �i��ibg7L i� 13— &JL�IHTiL[MMt11 MIArAn TAAA WQe�/O01CAZ�u..WT.somi.., vim} G4 boo. NAM %% 1 `1 S t3 -a— L� 6 L �,W 11� Y oATTo wMP r RATt r a �. on1H111 [7n IY1f/► f/RM AkTMOAR AAQ ODIIOIRI?I O/ TAlACLA On OALDJS OR 00TWI1 I NOW `1 ) �1 Q OL��a ~cm Nam DO171: Nam AIaLODR® K![ll TO IMMATIVW CD (IiSri �– U ' 3 1 t ) -Lsc-14i k� d.lai p.. .YOACA....A/ AMID& M W[A6m ARA .�, �.�...,� Lam. N — Iit As ❑ e CHP j T amu'[ LcA[�a laarOl DTAT[ elAas AApr" vw TA'AA AM"I O06/CRW MW.11l RAT[ cry f'� . 3 ��i. I ..� A 1 PWT. NOMA. LADT1 ., •, ILSOt- , OTAIIAJTI HAAS AAAAl Y aw►o[ I"Arg /2! _ OMif7AOOl�v �{{.�YOA►.A ((�jjCT���A 42cD� fi Q /G.ti �' io I "now WOMT MH� y ! VIM QSMr�fOM O/ vow." cm OIOtJ� O/: 11 OAVU OTMR 36 tz_ 453 -aZ (eti Ic6) g c� T. ,,: o. = COMMIT, C Vwe= SA.Ae. .YO. M MAIAOAI C.&PONSUB -7 b- 7 l SID - co -1 t -Q•o AL 121M�{C� fo jf 01°'Q, Low "Umom RAn eLAar aAraTTIVWLVz" LE Shy!T'I .T[SaT ANMD � - 3 N }#TL I -- m e ATAn l lop OMfRt ACCDDD. r'r �..+. Y Ayw*a 9 Zc.t q AA= tira [Tv IISDAIT >Ds�er rtArTwATi aAa 04AL"C! CAMAA ►OL CT raAi AL Co LA K NrRAr [ne, DLSPAT�^vq NOTW EL ow Owens a: MOM YPJMAACAL Onti-ne MNt A/IAA CNN, UNIS CMT ooew Ds vn�ea: e.r.o. TweaA TTff i mea [AAamD MM TO NAMATWW u D'Ne[ w DAWOe ANSA ?OPE R TY IA.MAGE JLA to—i.GzV_L�1� •anusa wnw No SEATING POMTION HLHIIESS Usti) SAFE -1 I( ECAMPMENT S 6 T . STATXM MFAGCMI REJtR EJECTED FROM VEHICLE, S . NONE 81 Y84C1EIS E . tIeDIDMM - LAP 1167 USED LAP BE 3 7 MOT USAID L - AM BAO DEPLDYED . Alp IAO NOT DEPLOYED R.OTHER P - HOT R£ODUM3) Y r e 1S1LTc e . DIMMER V - NO M . YES) MST I • NOT EJECTED . FULLY EJECTED ! • P"TUJ.Y EJECTED 7 - UMKIMMM 2 3 t -DENVER TO B - PAHISSMf•EM HLHIIESS Usti) S 6 T . STATXM MFAGCMI REJtR F .. SHOULDEI HARNESS NOT USED �,Q$�INT PAstIElI0E3i • REAR OCC. TRHL OR V AN J7 W f SHOULDER HARNESS USED o - N VEHICLE USED X- No . PCwmw LI'OIppM LAP / SHOULDER MAJiFJ1* NOT U= 2 - If VBIC'LE NOT USS YES OG vi G I HSABIUTY • OTHER ' PA*N t RESTRAWY USED i- M VolCLE USE UNKNOWN OTHER VE OCLE PASSIVE RESTRAINT NOT LIM T - N VEN= IManwo p USE ,µER • . WITH I I 04�D RIAN u - lit" IN VEBCLE LANE ITEM/ MARKED BELOW POL,LOwED'Y AN ASTTMSK (•) SHOULD ILE E](PLjUW M THE NAAHLJ1nVE PFi WM RY CClLLP% FACTOR NUMBER (F 1 OF PARTY AT FAULT I YRAR'IC DEVICES 11 12131 TREoFVol= -11 2131 MOVFmm' PRFCELLNG ,vC SECTION vxxATED:-81, AC OI nxLs FUNCTIONING APAssEw :ER CAN l STATION WAGON COLLISION -- ASTOPPED Q— OTHER tMs+RCPER DRMNG • � CONTROLS NOT FUNCNI TIONG • HO PASSEER CAA —W1 TRAJLEA PROCEEDING STRAIGHT : CONTRCK.S OOSCURED I I I ~C k&MACYCLE I SCOOTER I 1 1` P AAM OFF ROAD MOTOR VENCLJE VI D NO CONTROLS PRESENT / FACTOR • D PCKu► , OntER' : OTHER THAN OfIVER —12 MAKING RIGHT TURN TYPE OF COLD ISIOME PCKUP I PANEL TRUCK W I TRAUIFA MA KING LEFT TURN JHKNOrVN • AHEA° . ON ..... .. i LL FUNCTIONING -VC 1 TRUCK OR TRUCK TRACTOR MAKING U TURN FB SIDESVVIi+E TRUCK / TRUCHL TRACTOR W 1 TRL.R, Ors �,11?"' o�y iiAC7UHMG r iC REAR END cTcFMC?xwvrokArtiow: <srsn 1 2 3 RfYmCAI SCHOOL BU! sLOWING I SL'OP".G _A THEA f MARK t TO 71TELS I BPOADMOE ( OT}ER Bu! I I PASSING OTHER VEHICLE LEA R IE HIT 08IECT J E ERCT VEHicU I I I Ij CHANGING LANES .Lo u D Y IF OYEATURAED M I(. GH?iMATCOHLST.EWPMENT I I I PARKINGLiANEUYER VEHCL.E r PEDESTRIAN 12 IMCYCL.E EiTERNG TRAFFIC OG vi G I HSABIUTY OTHER • : FT.' TOR VcoVEHICLEINVOLVED ..1 OTHER VE OCLE "OTHER UNSAFE_TURN ING ,µER • . WITH I I 04�D RIAN -1 1 F-14ICMGINTOOPP=NG LANE IA 0 I I I -- PARRIED '�° I i8 PEDESTRIAN � I L1 1L 1 I �� MMERGJNO LICµnNG i OTFIER MOTOR VEliCLF �_I + I , ITRAVELING WRONG WAY USA . CAW"PARKED MOTOR VENCLJE 1 Z 3 OTHER ASSOCIATED FACTOR(B) ( YAMS T TO ! ITEMS ) OntER' : i RK. S TRE ET LIGHTS may. &R[ - NO STREET LIGHTS SHCTCLE QRe rs ,lam STREET LIGHTS MOT ..... g FUNCTIONING -VC atcnoN rounCH c : ros ROADWAY SURFACE FIXED OBJEC7: Ors �,11?"' o�y SOBRIETY•opw r , cTcFMC?xwvrokArtiow: <srsn 1 2 3 RfYmCAI T OTHER OBJECT: A. ( MARK S To:TTBa ) t►r �! D w ._• _ rrD •'?±'•-� {:,fes^.. HAD NOT BEEN OILINKING 'PE" ( MUDOT. OILY. Emr_ E v)sHoN OBSGuREhaw : IGSD - UHOER YiZJHENC$ 'GUZWAT CONa�SI F yATTeffi HN • : EBD. NOT UNDER MFLUENCE MAMTT02TTEMI!) ►E111TR: AwsINVOL D STOP • OO TRAFFIC HB) . wo"aMENT LDIKNO m A HMO Pf�f3Tr7AN INVOLyED EMERHGr1.EANMG RAA! UNDER DRUGINi.UEJVCE El. DEEP RUT • i PR€V1ot/s COLS) OM IMPAJASIEIfi•PH1TSiCAt SE W TERAS ON ROAD1►A • • caoBSTMO w l AOtS1VALJt AT'AERStt710M UHFAMLLUI WM ROAD LMFASpYEJiT NOT ILlO1MN TSHUC TION oBN tiOADMf A T • C7MOS9PM0 M C•HOSSHIALJC -` DEJ�C 7TYE YEK I • MOT APPLICABLE STAUCTY]N.R,13AHAn7HE .MOT ATOfTERsECOOM B„gr► I f ATIGLIED LCED ROADWAY wVrH �O®• CROSSING - NOT IMam"wALK 1 fLostvOLYIDVEHICLE gyEpAL NFORW TION I— 1 IpwuRDOtriWTEiAL + N ROAD - MCLuM SHOLLD91 ( l I 0 DTIER -- - M„ j MOT ROAD I IX I X IN NOW APPAINN. . 1 10 API' CAC -MG I L EAYNO fOIODL un , I I P RUMANIA T VSfCLE _� -- Nl>vT:HnerN z: 1 r - EXTE_ G INJURY ( "X" ONE) , INJUREL S ("X" ONE) wff"" [h7l Ef10[R ►ARTt illi fAiiTV gig= ONLT ONLT NWLLR PCs. Soup. LWFATAL LWRC OTN[R VKIK[ COa�WM Rt WJURt WLLR 0/TNN ORIv[R ►US. K0. •Cf CUT' OM[R �� ❑ uM ❑ ❑ ❑ ❑ ❑ I ❑ 10 AAI; 111 O A. IAODRtf TSLSIwpll u�wLO OAL Tj TR T Lf; "ppi�1 �rnAu-a�1C.R Qa f,TcarAYAkA 3OML ►awJR16 azz z�l ori LC>-; Sl�c�' or ►�oSE mnbf` Af�MS�cy.ZS g C�S�uStorJC. MCTY OF WKENT CNYI ronnlo ❑ 1M❑ 1 ❑ 1 ❑ ❑ D1 D❑ 1 3 f I I a rt�C.0L r ADDRESS T[I.Ln�ON9 >= = zap �rr.tT'H , C ac�tJ tom- u"o� T�i1�rDL� Ani rJC � �(LW� Clwtl wum C3 C��t�T or Pates ►� A,.�r���, t�3�� , t�v�? 1?,4c�; rn.,�1;:(? rZr._.�LS? oTtO►.� O� �� StpT O� _iJ� �. QA"W 0 r MOL CM CAlWl WTInlO T ❑ I i❑ ❑ I ❑ i❑ I D 10 101 ❑ I D I 1 1 1 . O 0.1/ ADDRESS TILiI� L (D O"LT') TRaNSMRTtO •T: TAK[N TO; LL TLURIfs LrCTY of "CLEW CR/vf NOTInto I n I I n l n l n I n l n In I r-1 Inl I I ( ! O L / ADDRESS TtLCrRONL CMLn TRANSPORTCO /T; TAKLN TO; [ T .-CS %RMM of NOLdT CRIME )OTMO A. Scene t I. Roadwavc Asphaltic Surfacedl Q Cetaent Surfaced. - J -State Hiphu&yl 13 Bus iness/Conavercial l t] Ras id. ( � Additi"al Descriptions Gv rCr;= k% A KJO&7g/ SoW7H �L, L-,z^Ja- 20 /+D pj/-- �. M=ffj!' Ct��I: h4 : t 1 ZYi —_tease •it••a1z, t I left tss� ax o _ I l stco signs; [ 1 f?t-Jw,r B. bleasurementsI Obtained by Pacintir Rol -A Tap Othert 1. A. 0. I. 01 -j ZOft S of S curbl n• i µ �� � R� and eft W of a Curb in* of A.O.I. me-qZt Sof S curbl In* of 1V �-�c5 u✓ �.K��GI and (Mft Wef 6 curb I int of (3RZiQ C, IN) I Log 2. and ft P.O. R. V# I - ft of of �^ aM .._.. .... rw w.Ja « aL (•l[•• awa.suu.) and ft .a.:arms eO.A.n oe wtre M ❑ •a Urvart s • , ❑ War/u. :, a _ ❑ a.r i �� e�sia ' . •u►atrtwrac ❑ or.aa: curbline ❑ 14AX. rarttlALS ❑ D e...twi n= • •. and ft of curb 1 ine of *C"OOL w• l.saw O.aT.aa ar..aaa C. Physical Ev idenca t .sa�rar.YOJaa* la SK 1 d ter ICs t O steer M.aY�a• wiu'•se - L . De br is t A. Scene t I. Roadwavc Asphaltic Surfacedl Q Cetaent Surfaced. - J -State Hiphu&yl 13 Bus iness/Conavercial l t] Ras id. ( � Additi"al Descriptions Gv rCr;= k% A KJO&7g/ SoW7H �L, L-,z^Ja- 20 /+D pj/-- �. M=ffj!' Ct��I: h4 : t 1 ZYi —_tease •it••a1z, t I left tss� ax o _ I l stco signs; [ 1 f?t-Jw,r B. bleasurementsI Obtained by Pacintir Rol -A Tap Othert 1. A. 0. I. 01 -j ZOft S of S curbl n• i µ �� � R� and eft W of a Curb in* of A.O.I. me-qZt Sof S curbl In* of 1V �-�c5 u✓ �.K��GI and (Mft Wef 6 curb I int of (3RZiQ C, IN) .v 1244) Oat 042 un crtv-evs &dniord rerl wiD....a. a` •a , (1 : c , y,c• 2. and ft P.O. R. V# I - ft of of curbl In* curbl In* of of and ft of curb ine of P.O.R.YM2- ft of curbline of and ft of curb 1 ine of -' C. Physical Ev idenca t la SK 1 d ter ICs t O - L . De br is t - B. ;Othert . •wN .�. wrww .... ar. %fir• -+•a. .v 1244) Oat 042 un crtv-evs &dniord rerl wiD....a. a` •a , (1 : c , y,c• eV•. ❑ artr ! ARUM UVDATZ ❑ OTwte: eewfe a•Yf ry./e/'fR f�a•f wrfMea• of La•f0 ❑ Ttf D wo II. statements t Parties Involved! Inderendent Witnesses A. Part les I. 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L Q J�lZ-itOn� o% 171tcrn-ars e- vAjoc9jt')C- IT - 4z Ffp.j oLj— S sl,vJ -Pte' ►� si7�vtc�<. �• rr'1, TI+A- He 7Jd ,.,T Kn1oz doc,J TY T' *ce-IaNT I.0.ewr2-ae r . It• •e. 0ay19-6 saw To. � 1211 O►1 042 lJse Prrv-om editions until Cep+evO. O—AOgAT1rt P- L -lot -7M WNPOWT T+w //.ati/Iawar ❑ •A Y/OATi A./aa/A/Lt1 D..T" D MIT A SUN UP%ATi ❑ •V►1tt WZWTAL I ❑ OTNf II: 1 ❑ NA=. MAT[CIALS ❑ ■CNOOL 1V• ❑•OTNCRS CtTT/C,Y,T-/IV/VCYL /M►,ICT --••11 /x►. M/T/IR///A7 GTa"Im /VY/,. •Tart ,Ia,WA♦ -.tAT t.CAT1„hYM/R ' 2. e W l��c�r3 TA!A+Jc?LrJ SA a•J C n1 C slGv'>T F11"J @2os56n 3. SIB L-4. jr o. 8213-71 G ,,J of ,= r.+ v cT ^-//,s l.A-, 4. JW5 oG iL2 AI Fl#I S TiQtrS LoST 7'9-4G7770Q wtl-,4 �. Q• C AUS 1�S CAkA ISE Ole' n;-9- /S eifN g,rJocJd 8. TI +I E-A S7 Sl 7 To 5M o�--J AZ5--A CYW 17 Qu ^'11,J -YJ ren a �" f L4 FT W ► L R ii�1 � Or b I� A LF OFF 0^3 C,;, iPt;J «svt t , g un - R�1rJ`i k c=ry rv, M -Z C� A" n c rz S — y� ark (Rev 12.141 OPt 042 Lin onvovt for[mom uncd ��. - ����CARL WARREN & CO. Insurance Adjusters Claims Administrators P O Box 25180 Santa Ana, CA 92799-5180 (714) 972.3146 (800) 572-6900 TO: City of Diamond Bar Attention: Robert Van Nort Re: Claim: Claimant: D/Event: Rec'd Y/Office: Our File: Date: Aug. 16, 1991 Kudon vs Diamond Bar penjamin Kudon 5-02-91 8-12-91 S 68084 DK/CV We have reviewed the above captioned claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. 17-11 [] CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19•THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. C] AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. f� LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. ED APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very truly yours, cc: S.C.J.P.I.A. CARL �JARREN & COMPANY u ,VcD CLAIM FOR DAMAGES RESERrED!`Ol� IL'I1VG�$T}YAIP Claims for death or for injury to person or personal property or growing crops must be filed within 6 monthsbf the occurrence which caused the injury. = I ' n:'i 7 . '? 5 All other claims must be filed within one year. See Government Code 911.2. Read the entire claim before filing. Attach copies of estimates, bills, re- ceipts, and all other documents in support of the claim. Attach separate sheets for diagrams and additional information, if needed. SIGN EACH SHEET. TO CITY OF DIAMOND BAR, CALIFORNIA NAME OF CLAIMANT DATE OF BIRTH OCCUPATION BENJAMIN KUDON 3/9/51 MARKETING MANAGER ADDRESS OF CLAIMANT HOME PHONE WORK PHONE xt . 84 Surf Ave. Milford CT 06460 203-874-6334 203-481-5771.2309 MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE c/o LAW OFFICES OF ROBERT J. SHERMAN ROBERT J. SHERMAN (213) 932-0056 4727 Wilshire Blvd., Suite 500 Los Angeles, CA 90010 DATE. TIME & 5/2/91; 2020/ w/b SR -60 connec to S/B SR -57 _ DESCRIPTION OF OCCURRENCE Claimant while driving a motorcycle at the location indicated lost control of motorcycle due to dirt embankment and fell. NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS EXPLANATION OF WHY PUBLIC ENTITY IS RESPONSIBLE FOR INJURY, DAMAGE OR LOSS Dirst embankment, dangerous roadway condition, dirt embankment not visible to motorists driving at night. NAMES, ADDRESSES & PHONE NUMBERS OF WITNESSES & DOCTORS Eric John Claus, 6145 Mabley Hill Rd., Fenton, MI 48430-313-632-7166 Teri Kurzzen, 572 First St., Covina, CA 91743 - 818-913-0933 Brea Communitv Hospital DESCRIPTION OF INJURY, DAMAGE OR LOSS Fractured right ankle, laceration to forehead, pain and shock to nervous system and numerous muscle sprains. ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) $7,500 medical expenses; $5,000 property damage; and $10,000 total est. props,active damages. Au TURF OF CLAIMANT OR REPRESENTATIVE st 9 DATE 1991 ROBERT J. SH] 'YPED OR PRINTED NAME CLAIM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense, and filed with the Clerk of the Public Entity. , punishable by fine and imprisonment. See Penal Code 72. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 23, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Acceptance of Signal Installation on Grand Avenue at Shotgun Lane SUMMARY: On March 19, 1991, the City Council awarded a contract to Intersection Maintenance Service (IMS) to install traffic signal at the intersection of Grand Avenue and Shotgun Lane. The installation of the signal is now complete and needs to be accepted by the City. RECOMMENDATION: It is recommended that the City Council accept the work performed by IMS and authorize the City Clerk to file the proper Notice of Completion. 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 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 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: REVTWED B / 14d ICZ Robert L. Van Nort City Manager Terrence L. Belanger Assistant City Manager id J. Mousavi Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Acceptance of Signal Installation on Grand Avenue at Shotgun Lane ISSUE STATEMENT Accept the signal installation at the intersection of Grand Avenue and Shotgun Lane and file the Notice of Completion. RECOMMENDATION It is recommended that the City Council accept the work performed by Intersection Maintenance Service (IMS) and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY This action does not have any impact on the City's 1991-91 budget. BACKGROUND The City Council, at their regular meeting of March 19, 1991, awarded contract for the installation of a traffic signal at Grand Avenue and Shotgun Lane. IMS, the lowest responsible bidder, was awarded the contract for a total amount of $69,263. DISCUSSION IMS has completed the installation of this project at said location and a Notice of Completion has been filed and needs to be accepted by the City. PREPARED BY: Sid Jalal Mousavi CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. t / ,') 1 TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 23, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Surety Bond Reduction SUMMARY: The construction of a portion of work guaranteed by certain surety bonds has been completed and the Los Angeles County Department of Public Works and the City Engineer are recommending the reduction of these surety bonds. RECOMMENDATION: It is recommended that the City Council accept the work done on these projects and instruct the City Clerk to reduce the following surety bonds and notify the Los Angeles County of the City Council's action. 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) X Other Attachments 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 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: REV�WED Robert L. Van Nort Terrence L. Belanger Sid 1. w1ousavi City Manager Assistant City Manager Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Surety Bond Reduction ISSUE STATEMENT This report requests the reduction of surety bonds on certain public improvements. RECOMMENDATION It is recommended that the City Council accept the work done on these projects and instruct the City Clerk to reduce the following surety bonds and notify the Los Angeles County, Director of Public Works of the City Council's action. FINANCIAL SUMMARY N/A BACKGROUND The construction of a portion of certain road work and sanitary sewer system guaranteed by the following surety bonds has been completed and the Los Angeles County Department of Public Works is recommending the reduction of these surety bonds. DISCUSSION The following surety bonds have been requested to be reduced by the County: 1. Bond Number 83 SB 100 426 684 guaranteeing road improvements for Tract Number 31850 in the amount of $330,000. Surety: The Aetna Casualty and Surety Company 100 West Broadway Glendale, CA 91210 Principal: Bramalea Limited 1 Park Plaza Irvine, CA 92714 Page Two Surety Bond Reduction August 21, 1991 2. Bond Number 83 SB 100 390 297 guaranteeing sanitary sewer improvements for Tract Number 42564 in the amount of $60,000. Surety: The Aetna Casualty and Surety Company 100 West Broadway Glendale, CA 91210 Principal: Bramalea Limited 1 Park Plaza, Suite 1100 Irvine, CA 92714 3. Bond Number 83 SB 100 390 300 guaranteeing road improvements for Tract Number 42564 in the amount of $101,800. Surety: The Aetna Casualty and Surety Company 100 West Broadway Glendale, CA 91210 Principal: Bramalea Limited 1 Park Plaza, Suite 1100 Irvine, CA 92714 PREPARED BY: Sid Jalal Mousavi THOMAS A. T1DEMANSON, Director July 17, 1991 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 911765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 31850 VICINITY OF DIAMOND BAR BOULEVARD AND GOLD RUSH DRIVE ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE L-5 REFER TO FILE The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: Reduced the following surety bond by $330,000: Bond Number 83 SB 100 426 684 Original Amount - $550,000 Surety - The Aetna Casualty and Surety Company 100 West Broadway Glendale, California 91210 Principal - Bramalea Limited 1 Park Plaza irvine, California 92714 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and this office. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/31850 cc: City Clerk J?ty OF. LO S,f . M s C4LIFORN�P' THOMAS A. TIDEMANSON, Director July 16, 1991 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: SANITARY SEWER IMPROVEMENTS PRIVATE CONTRACT NO. 10702 TRACT NO. 42564 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE L-5 REFER TO FILE The construction of a portion of sanitary sewers guaranteed by the improvement security listed below, and constructed under the subject private contract, has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: Reduce the following surety bond by $60,000: Bond Number 83 SB 100 390 297 Original Amount - $80,000: Surety - The Aetna Casualty and Surety Company 100 West Broadway Glendale, California 91210 Principal - Bramalea Limited 1 Park Plaza, Suite 1100 Irvine, California 92714 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON Director of Public Works .0 N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42564 F.' LOS 4NC J. F C x C4lIFORM\P THOMAS A. TIDEMANSON, Director July 16, 1991 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42564 VICINITY OF GOLDEN SPRINGS ROAD AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE L-5 REFER TO FILE The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications and in a manner satisfactory to the City Engineer. IT IS RECOMMENDED THAT YOUR COUNCIL: Reduce the following surety bond by $101,800: Bond Number 83 SB 100 390 300 Original Amount - $203,600 Surety - The Aetna Casualty and Surety Company 100 West Broadway Glendale, California 91210 Principal - Bramalea Limited 1 Park Plaza, Suite 1100 Irvine, California 92714 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, �/r„T. A. TIDEMANSON Superintendent of Streets/ City Engineer LG:sg/42564A cc: City Clerk CITY OF DIAMOND RAR AGENDA REPORT AGENDA NO. /-/ /6 TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 23, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Traffic Signal Installation on Grand Avenue at Rolling Knoll Road SUMMARY: On July 23, 1991, the City Council approved the plans and specifications for the installation of traffic signal on Grand Avenue and Rolling Knoll Road. The bids for this project were opened on August 21, 1991, however, no bids were received. RECOMMENDATION: It is recommended that the City Council approve the attached resolution for the installation of traffic signal at said location and authorize the City Clerk to advertise the bids for the second time. 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 Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 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: _ 71WD�a. t( TTf— Robert L. Van Nort City Manager 0 Terrence L. Belanger Assistant City Manager Sid ousavi Public Works Director CITY COi1NCII., SPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Traffic Signal Installation on Grand Avenue at Rolling Knoll Road ISSUE STATEMENT Readvertise to receive bids for installation of traffic signal at the intersection of Grand Avenue and Rolling Knoll Road. RECOMMENDATION It is recommended that the City Council approve the attached resolution for the installation of traffic signal at said location and authorize the City Clerk to readvertise for bids. FINANCIAL SUMMARY This action does not have any impact on the City's 1991-92 budget. BACKGROUND On July 23, 1991, the City Council approved the plans and specifications for the installation of traffic signal at the intersection of Grand Avenue and Rolling Knoll Road. DISCUSSION On the bid opening date of August 21, 1991, it was found that the City has not received bids to install traffic signal at the above intersection. As a result, it is necessary to readvertise the project for bids. PREPARED BY: Sid Jalal Mousavi RESOLUTION NO. 91-57A A RESOLUTION AMMENDING RESOLUTION 91-57 OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT GRAND AVENUE AND ROLLING KNOLL ROAD IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the speci- fications for Traffic Signal Construction at Grand Avenue and Rolling Knoll Road. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifica- tions, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock A.M. on the 16th day of September, 1991, sealed bids or proposals for the Traffic Signal Construction at Grand Avenue and Rolling Knoll Road in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Traffic Signal Construction at Grand Avenue and Rolling Knoll Road". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, 91765-4177, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic em- ployed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regula- tions of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is dirercted to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of ap- proval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight jour- neymen. D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the re- quirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -offi- cio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and sub- sistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Dia- mond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifica- tions will be furnished upon application to the City of Diamond Bar and pay- ment of $5.00, said $5.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifica- tions will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfac- tory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The Engineer's Estimate for this project is $60,000.00. The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this rd day of 1991. PASSED, ADOPTED and APPROVED by the City of Council of the City of Diamond Bar, California, this _rd day of , 1991. ATTEST: City Clerk Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Diamond Bar, California, at its regular meeting held on the _rd day of 1991, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk, City of Diamond Bar, California e CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO. t! . , TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 26, 1991 FROM: James DeStefano, Community Development Director TITLE: Sign Review No. 91-28 SUMMARY: The Diamond Bar Congregational Church requests approval to replace their existing freestanding sign with a new freestanding monument sign and two crosses. The City Council review of the proposed sign is required pursuant to condition "p" of Resolution No. 89-82 approved by the Council on September 5, 1989. RECOMMENDATION: It is recommended that the City Council adopt a resolution approving the proposed freestanding sign and two crosses with a maximum overall height of eight (8') feet, located behind the twenty (20') foot setback as required in the zone. (R-3-8000) 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 ?�, 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? _ Yes X No Report discussed with the following affected departments: RF, EWED B" �I'A xltlu>l�, le_� Obert L. Van Nort Terrence L. Belanger mes DeStefa City Manager Assistant City Manager Community Devel pment Director no F: %WP511AGPNDAICOVFR. FRM CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Sign Review No. 91-28 for Diamond Bar Congregational Church located at 2249 Morning Canyon Road. (CUP 89-187) ISSUE STATEMENT: Diamond Bar Congregational Church requests approval to replace their existing freestanding sign with a new freestanding monument sign and two (2) crosses. City Council review of the proposed sign is required pursuant to condition "p" of Resolution 89-82 approved by the Council September 5, 1989. RECOMMENDATION: It is recommended that the City Council adopt a resolution approving the proposed freestanding monument sign and two (2) crosses for the church facility not to exceed eight (8) feet in height, located behind the twenty (201) foot setback which is required in the zone. (R-3-8000) FINANCIAL SUMMARY: N/A BACKGROUND/DISCUSSION: On September 5, 1989, the City Council at a public hearing, approved Cup 89- 187 (Resolution No. 89-82) with a variety of conditions. The resolution permitted the church to continue the operation of a pre-school with extended day care for 110 children and construct various improvements to the property. In order to continue operation of a church and pre-school facility on a 3.53 acre property with extended day care for 110 children, the parking lot had to be expanded, designed, and striped according to City standards. Condition "p", of Resolution No. 89-82 states as follows: " When the existing sign for the church facilities is replaced with a new sign, the replacement sign shall be subject to approval by the City Council, and shall not exceed eight (81) feet in height measured from the adjacent grade". The existing sign is located within the twenty (201) foot front setback on the north side of the driveway which is on Diamond Bar Blvd. It is approximately fifteen (151) feet in height, rectangular in shape, and supported by two wooden posts. The face of the existing sign is made of wood with painted lettering. The new sign proposed by the church is three feet six inches (31611) in height and ten feet (101) in width equalling thirty-five (35) square feet in sign face area which complies with the interim zoning ordinance pertaining to freestanding signs (Ordinance No. 9-B 1990). The sign is proposed to be constructed of poured concrete left to its natural grey color. The lettering will be gold/bronze anodized aluminum, four (41) and six (61) inches in height. The sign is double-faced, triangular in shape and is in conformance with the City's new sign ordinance, effective September 20, 1991 with the exception of height. The sign is to be located on the south side of the Diamond Bar Blvd. driveway positioned sixteen (16') feet behind the property line (see Exhibit "A"). One tree with a circumference of two (2' ) feet and nine (911) inches, measured from two (21) feet above the lowest point of ground level, will need to be removed because it will obstruct the view of the sign for passing cars on Diamond Bar Blvd. The Council may wish to consider requiring the church to replace this tree with two additional trees to be located on-site. A forty-eight (4811) inch square concrete pad is proposed to be located directly behind the proposed sign. Two (2) crosses will be placed on the pad. One cross will be twelve (121) feet three (31) inches in height. The other cross, will be nine (91) feet in height. The width of both crosses will be seven (711) inches at the base, increasing ten (1011) inches, and then decreasing to seven (711) inches at the top. Both crosses are to be fabricated from gold/bronze anodized aluminum. The existing Los Angeles County Planning and Zoning Code is "silent" pertaining to the issue of whether the two crosses are works of art or a sign advertising a use. The new Sign Code indicates that the two crosses are a device used for visual communication to advertise or promote a "use" and is therefore, a sign. Pursuant to condition "p" of Resolution No. 89-82, the maximum height of the sign shall not exceed eight (81) feet. If the crosses are to exceed eight (81) feet in height, an application for a variance will need to be heard, at a public hearing before the Planning Commission. The City Council has the following options to choose from: 1. Approve the proposed freestanding sign and two crosses with a maximum height of eight (81) feet and located behind the twenty (201) foot setback required of the zone. (Staff recommendation) 2. Approve only the monument sign and deny the crosses based upon height. 3. Deny the entire proposal. 4. Send the entire project to the Planning Commission for consideration of a variance for height. (Application and fees needed from applicant.) Prepared by: Ann J. Lungu, Planning Technician Attachments: Exhibit "A" -sign plans dated September 3, 1991. Resolution No. 89-82 dated September 5, 1991 Draft Resolution of Approval F:1WP511WORKW GENDAIAGE-RPT.FRM RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SIGNAGE FOR THE DIAMOND BAR CONGREGATIONAL CHURCH. A. R10„itAls. (i) Diamond Bar Congregational Church has previously received a Conditional Use Permit from the Council of the City of Diamond Bar (CUP 89-1.87) and such Conditional Use Permit was approved subject to conditions as set forth on Resolution No. 89-82, approved by this Council September 5, 1989. (ii) Resolution No. 89-82 establishes, in Section "p" of said Resolution that: "When the existing sign for the church facilities is replaced with a new sign, the replacement sign shall be subject to approval by the City Council, and shall not exceed eight (8) feet in height measured from the adjacent grade." (iii) Diamond Bar Congregational Church has submitted a plan which proposes the removal of the existing sign and replacement of such sign with a free --standing monument sign and two (2) crosses; the proposed replacement signing, including crosses, does not exceed eight (8) feet in height as measured from the adjacent grade. (iv) The previously approved Conditional Use Permit has adequately considered the environmental effects which may result 1 from the replacement of the sign and no unforeseen environmental impacts have been identified in regard to this proposal. (v) On September 3, 1991, this City Council conducted a hearing on said application and concluded said hearing prior to the adoption of this Resolution. (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 RESOLVES AS FOLLOWS: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. Based upon substantial evidence presented to this city Council during the above -referenced hearing, including written staff reports and development plans, this City Council hereby specifically finds as follows: a. The proposed replacement signage, including crosses, is in conformance with the restrictions established in Condition "p," of Resolution No. 89--82. b. The siting of such replacement signs, including crosses, is appropriate in respect to the size, shape, topography, location and other factors which affect the subject property. C. The proposed replacement signage substantially conforms to the signage requirements enforced by the City of Diamond Bar. 3. The City Council finds and certifies the request submitted for consideration is exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) and further that the previous environmental review accorded to this project adequately considered environmental impacts which may be related heroto. 4. The construction of the signs, including crosses, shall comply with all requirements of the codes of the City of Diamond Bar, and further shall be in substantial compliance with the site plan as attached hereto and incorporated by reference as Exhibit "A." 5. Any trees which may be removed as a result of the demolition or placement of the existing or proposed sign, as the case may be, shall be replaced on a two -to -one ratio with trees of a type and size which shall be approved by the Planning Director or his designee. 6. The approval granted hereby shall expire at a date and time which is one calendar year from the date of this approval unless the development approved by this Resolution has been substantially commenced. A one-year time extension may be requested in writing, from the Planning Commmission of the City of Diamond Bar, and such request for extension shall be submitted not less than thirty (30) calendar days prior to the date of expiration of this initial one-year period. 7. The applicant shall comply with all conditions set forth in Conditional Use Permit 89-187 and Resolution No. 89--82. 3 The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED THIS DAY OF SEP'T'EMBER, 1991. yor 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular nceting of the City Council of the City of Diamond Bar held on the day of September, 1991, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL .MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: --,,,t,,7Clerk of the City -of Diamond Bar L\1311WHR,.11RESID3 1.4A 4 RESOLUTION NO. 89-_8; — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL UBE PERMIT APPLICATION NO. 89187, A REQUEST TO CONTINUE THE OPERATION OF A PRE-SCHOOL FACILITY WITH EXTENDED DAY CARE ON PROPERTY LOCATED AT 2249 SOUTH MORNING CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. (i) The Diamond Bar Congregational Church heretofore Piled an application for approval to continue the operation of a pre-school facility with extended day care for 110 children, denominated as Project No. 89187, located at 2249 South Morning Canyon Road, City of Diamond Bar, California. Hereinafter in this Resolution, the subject conditional use permit application is referred to as "the Project." (ii) The City Council of the city of Diamond Bar, on August 15, 1989, conducted a duly noticed public hearing on said application and concluded said public hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, it is found, determined and resolved by the city council of the City of Diamond Bar as follows: 1. This City council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 1 2. This City Council hereby finds and determinos-that the Project is Categorically exempt from the requirements of thQ California Environmental Quality Act of 1970, as amended, pursuant to the provisions of 2 California Code of Regulations Section 15301 (Class 1). 3. Based upon substantial evidence presented to this Council during the above-referenced August 15, 1989 hearing, and oral testimony provided at that hearing, this Council hereby specifically finds as follows: (a) The Project applies to property presently zoned R-3-8000-IU located at 2249 South Morning Canyon Road, Diamond Bar, California, and consists of approximately 3.53 acres of land; (b) The properties to the north, south, east and west are developed with condominiums and single -family residential dwelling units; (c) The property is depicted within the U-3 (Multi-family Residential) category of the county-wide general plan; (d) The site is physically suitable for the project, is generally level to sloping and has access to city- maintained streets; (e) The Project will not adversely affect the health, peace, comfort or welfare of persons resifting or working in the surrounding area nor'will the Project be materially detrimental to the use, enjoyment or valuation of property of 2 other persons located in the vicinity of the Project, nor will the Project jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfarei (f) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required pursuant to the ordinances of the city of Diamond Bar; (g) The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic and other public or private service facilities as are required. 4. Based upon the findings and conclusions set forth herein above, this council, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds as follows: (a) There is a reasonable probability that the Project will be consistent with the proposed general plan; (b) There is little or no probability that the Project will be of substantial detriment to, or interfere with, the proposed general plan for the area of the subject site; and (c) The Project, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 5. Based upon the findings and conclusions set forth above and the conditions Net forth below in this Resolution, this 3 Council hereby approves the said Project subject to tach and - every condition set forth herein. 6. The City Council hereby imposes tha following reasonable conditions: (a) This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the p(--rmittee) have tiled at the office of the Department of Regional Planning their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. (b) The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim,- action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period Of Government Code Section 65907. The City Shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. C(c) This grant will expire unless exercised e within two years from the date of approval. A one-year time extension may be requested before the expiration date. 4 (d) If any provision of this grant is held or declared to be invalid, the permit shall be void and the privilagQs granted hereunder shall lapse. (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. (f) Notice is hereby given that any person violating a provisions of this grant is guilty of a misdemeanor. Notice is further—given that the City Council may, after conducting a public hearing, revoke or modify this grant, if it finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public health or safety or so as to be a nuisance. (g) This grant allows the continued operation of a church and pre-school facility with extended day care for 110 children subject to the -_following restrictions as to use: j (1) ;A minimum of 53 parking spaces shall bn provided an the site. All parking spaces shall ba destigned and striped according to City standards. (2) The maximum number of students attending the day nursery shall not exceed 110 children at any given time. 5 (3) The hours of operation eshall be limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. (4) This grant shall supersada Zona Exception Case 9115-(1), conditional Use Permit Case 719-(1), and Conditional Use Permit Casa 1339-(1). (5) The pre-school shall comply with all licensing requirements of the state of California. Copies of these requirements shall be provided by applicant to the City. (h) Fifteen copies of a revised plot plan, similar to Exhibit "A" as presented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval of the Director of Planning: (1) Show and dimension all required parking. The property shall be developed and maintained in substantial conformance with the approved Exhibit "A". All revised plot plans must be accompanied by the written authorization of the property owner. !(i) The subject property shall be developed and maintained in substantial compliance with the plans on file marked Exhibit "A". In the event that the subsequent revised plans are submitted, the written authorization of the property owner is necessary. (j) All requirements of the Zoning ordinance and of the specific zoning of the Subject property must be complied 0 with unless otherwise set forth in these conditions or shown on the Approved plans. (k) The subjQct facility shall be maintained in compliance with requirements of the Lora Angeles County Department of Health Services. Adequate water and sewage facilities shall be provided to the satisfaction of said Department. (1) Upon receipt of this Resolution, the permittee shall contact the Fire Prevention bureau of the Los Angeles County Forester and Fire Warden to determine what facilities may be necessary to protect the property from fire hazard. any necessary facilities shall be provided as may be required by said Department. (m) Dedicate to the City of Diamond Bar the right to restrict access to Diamond Bar Boulevard. (n) Reseal driveway and parking lot, including restriping of parking lot to City standards. (o) All structures shall conforn with thQ raquirQmants of the Division of Building and Safety of the DQpartmant of Public Works. 1 (p); When the existing sign for the church facilities is`'r-eplaced with a new sign, the replacement sign shall be subject to approval by the City Council, and shall not exceed eight feet in height measured from the adjacent grade. 7. This council hereby provides notice to the Diamond Bar Congregational Church that the time within which judicial review of the decision represented by this Resolution must be 7 sought is governed by the provisions of California Code of Civil Procedure Section 1094.6 8. The City c1Qrk is hereby directed to certify to the adoption of this Resolution and, by certified mail, return receipt requested, forward a copy to the Diamond Bar Congregational Church at its address of record as set forth in the application for said Project. PASSED, ADOPTED AND APPROVED this 5th day of September, 1484. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the city Council of the City of Diamond Bar held on the Stn day of September , 1989, by the following vote: AYES: COUNCIL MEMBERS: Forbi.ng, Miller, Werner, Mayor Pro Tem Horcher And NOES: COUNCIL MEMBERS: None Mayor Papen ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST • t- tC �-' 12. • C ty -`C erk of the aity of Dia -mond Bar N\1011\CU?V2S\1)3 6.9 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. t> / TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 23, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works TITLE: Block Numbers On Bus Shelters SUMMARY: It is difficult to locate business street addresses along the major streets in Diamond Bar. The problem arises out of the deep set -backs of shopping centers and lack of addresses on shopping center signage. RECOMMENDATION: It is the recommendation of the Traffic and Transportation Commission that street block numbers be installed on the bus stop shelters and that the City Manager be authorized to execute an amendment to the bus shelter agreement. 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 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? T/T Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: Robert L. Van Nort City Manager F: \WP511AGENDA1Co VER.FRM Terrence L. Belanger Assistant City Manager Sid J. Mousavi Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Block Numbers On Bus Shelters ISSUE STATEMENT Deep set -backs of shopping centers and the lack of addresses on shopping center signage has made locating addresses along the City;s major streets difficult. It is proposed to install block numbers on bus stop shelters. TION It is the recommendation of the Traffic and Transportation Commission that street block numbers be installed on the bus stop shelters along the boulevards and that the City Manager be authorized to execute an amendment to the bus shelter agreement. FINANCIAL SUMMARY This recommendation will have no financial impact. BACKGROUND Mayor John Forbing suggested the installation of block numbers on the bus stop shelters to aid in locating and shopping Diamond Bar business. Block numbers on the shelters would give a reference point when looking for specific addresses. DISCUSSION Typically, street names or numbers are displayed on the structure fascia. However, this is not possible with the shelters in Diamond Bar because of the tile roof facade. Staff has been in contact with Bustop Shelters of California in regards to the feasibility of displaying the block numbers on the bus shelters. Bustop Shelters has suggested and agreed to furnish block numbers on the upright posts of the shelters at no cost to the City. PREPARED BY: Charles Janiel CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 4/, r3 TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 23, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Pomona Freeway at Brea Canyon Road Westbound On/Off Ramps SUMMARY: As part of the plan to improve and upgrade the signal system, protected left -turn phasing, restriping, and widening of on/off ramp at Brea Canyon Road and State Route 60, an agreement between CalTrans and the City has been developed which specifies the terms and conditions under which this project is to be engineered, constructed, financed, and maintained. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to enter into an agreement with CalTrans. LIST OF ATTACHMENTS:X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) (Draft) 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 X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? T/T Commission 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVB, WED B d— 'A Obert L. Van Nort Terrence L. Belanger STMousavi City Manager Assistant City Manager Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Pomona Freeway at Brea Canyon Road Westbound On/Off Ramps ISSUE STATEMENT In order to clearly specify the terms and conditions under which the project located at Brea Canyon Road and State Route 60, is to be engineered, constructed, financed, and maintained, the City needs to enter into an agreement with CalTrans. RECOMMENDATION It is recommended that the City Council authorize the Mayor to enter into an agreement with CalTrans. FINANCIAL SUMMARY The design construction and construction management cost of this project is estimated to be $264,000. CalTrans' participation will be $191,300 and the City portion is estimated to be $72,000. Gas Tax ($32,000) and Development Fee ($40,000) will be used for this project. BACKGROUND The City of Diamond Bar, in cooperation with CalTrans, has proposed to upgrade the signal system, protected left -turn phasing, restriping, and widening of on/off ramp at said location. DISCUSSION The attached agreement which pertains to a financial participation of the proposed project, is intended to secure and layout the terms and conditions under which this project is to be constructed. CalTrans has requested to be contacted prior to September 13, 1991 regarding the agreements acceptance, additions, deletions in order to prepare the formal agreement. PREPARED BY: Sid Jalal Mousavi STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 SO. SPRING ST. '- 9 LOS ANGELES, CA 90012 TDD (213) 620-3550 (213) 620-4113 August 8, 1991 7 -LA -60 R23.0 Pomona Freeway at Brea Canyon Road (Westbound) T - 6258 District Agreement No. 4040 07352 - 401970 Mr. Robert L. Van Nort City Manager 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Van Nort: Attached for your review is a draft of Cooperative Agreement Number 4040. This agreement is for financial participation of proposed upgrading of signal system, protected left -turn phasing, restriping, and widening of on-ramp entrance at the above location between the City of Diamond Bar and the State. Please indicate in your reply, prior to September 13, 1991, your acceptance of this agreement, or suggested changes, so that we may prepare the formal documents. This project has been previously reviewed by the City. A copy of the response is attached. If you have any questions concerning this agreement, please contact Mr. Chester Otani at (213) 620-4640. Sincerely, SAEED TABAIE, P.E. Senior Transportation Engineer Traffic Operations Branch Attachments cc: Sid J. Mousavi City Engineer/Director of Public Works DIAMOND BAK June 4, 1991 21660 FAST COPLEY DRIVE • SUITE 100 - DIAMOND BAR, CA 91765-4177 714-860-2489 • FAX 714-861-3117 Louis S. Quan, P.E. Senior Transportation Engineer Traffic Operation Branch Department of Transportation, District 7 120 South Spring Street Los Angeles, CA 90012 SUBJECT: POMONA FREEWAY AT BREA CANYON ROAD WESTBOUND ON -AND -OFF RAMPS Dear Mr. Quan: This is to inform you that the City of Diamond Bar concurs with your finding regarding the need for improvements on Brea Canyon Road at the 60 Freeway westbound on -and -off ramps. The City of Diamond Bar will participate in the cost of the improvements as was outlined in your letter dated December 18, 1991. Please submit a copy of your project activities schedule to the City. Meantime, if there are any questions or you need additional information from the City please contact this office at (714) 396-5671. Sincerely, Sid Jalal Mousavi City Engineer/Director of Public Works 1 cc: Robert L Van Nort City Manager o, SJM:kna JOHN A. FORBING JAY C. KIM PHYLLIS E. PAPEN DONALD C. NARDELLA GARY H. WERNER Mayor Mayor Pro Tem Councilmember Councilmember Councilmember CITY OF DIAMOND BAR USES RECYCLED PAPER ROBERT L. VAN NOR'I City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.?. / . / TO: Robert L. Van Nort MEETING DATE: September 3, 1991 REPORT DATE: August 29, 1991 FROM: James DeStefano, Community Development Director TITLE: Cooperative Agreement for preparation of the Tres Hermanos Specific Plan and award of Contract for professional services. SUMMARY: The City of Diamond Bar is in the process of developing its first General Plan. The City of Industry, through its Redevelopment Agency, owns 800 vacant acres south of the Pomona Freeway and west of Chino Hills Parkway. The purpose of this report is to develop a concept land use plan for future development of the property. RECOMMENDATION: It is recommended that the City Council authorize the Mayor and City Manager to execute an agreement on behalf of the City in an amount not to exceed $50,000 to prepare the Tres Hermanos Specific Plan. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) _ Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: City of Industry 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? _ 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: REV ED BY: l' Robert L. Van Nort Terrence L. Belanger City Manager Assistant City Manager F:\WP51WGENDA\COVER.FRM ,;y"k&f__t0 mes DeStefano Community Development Director MEETING DATE: CITY COUNCIL REPORT September 3, 1991 TO: jnorable Mayor FROM: ty Manager AGENDA NO. and Members of the City Council SUBJECT: Cooperative Agreement for preparation of the Tres Hermanos Specific Plan and award of Contract for professional services. ISSUE STATEMENT: The City of Diamond Bar is in the process of developing its first General Plan. The City of Industry, through its Redevelopment Agency, owns 800 vacant acres south of the Pomona Freeway and west of Chino Hills Parkway. The purpose of this report is to develop a concept land use plan for future development of the property. RECOMMENDATION: It is recommended that the City Council authorize the Mayor and City Manager to execute an agreement on behalf of the City in an amount not to exceed $50,000 to prepare the Tres Hermanos Specific Plan. FINANCIAL SUMMARY: It is estimated that Phase I of the Tres Hermanos Specific Plan will cost approximately $171,400. Phase II of the Specific Plan is estimated to cost between $175,000 and $250,000. The City's portion of the estimated consultant's fee is $50,000. The balance of the participation will be paid for by the City of Industry's Redevelopment Agency. BACKGROUND: The Tres Hermanos Ranch consists of approximately 2600 acres, of which 800 acres are located in the City of Diamond Bar. The area is on the edge of the City of Diamond Bar, Phillips Ranch portion of the City of Pomona, and the fast growing community of Chino Hills. The Draft Land Use Element of the City's General Plan identifies this area as a candidate for a Specific Plan in order to analyze and effectively plan the future development of the ranch. The Pomona Unified School District has indicated their desire to place a new high school within North Diamond Bar. The development of the City's first General Plan combined with the desire by the City to support the siting and development of a new high school in North Diamond Bar, and the City of Industry's desire to develop a reservoir, create an opportunity to prepare a conceptual land use plan and the creation of a detailed Specific Plan incorporating a variety of land uses. A Specific Plan is an implementation tool of the General Plan for designated areas within a community. A Specific Plan provides and contains locations and standards for various land use densities, street systems and public facilitiec in greater detail than a General Plan. DISCUSSION: A team of consultants met with representatives of the City of Industry, the City of Diamond Bar and the Pomona Unified School District on August 27, 1991, to scope a study for the 800 acre Tres Hermanos Ranch located in the City of Diamond Bar. The purpose of the initial phase is to prepare a concept plan within four months which will contain the basic elements of land use and design and which will accommodate sites for a high school and a reservoir. During the four month period, the consultants will provide opportunities for input into the process and will product several alternative plans for consideration and comment before selecting a preferred alternative. The result of this first phase will then be presented for adoption as part of Diamond Bar's General Plan and will form the basis for a specific plan and an Environmental Impact Report (EIR), which will constitute the second phase of the effort. The program represents a unique opportunity to all parties, in that the Tres Hermanos area is a strategically located parcel of substantial size along a freeway interchange, which is owned by the City of Industry and who have indicated an interest in taking a long view with respect to development of the property. Unlike a more typical development, therefore, there is an opportunity to create a plan which reflects a long range vision, rather than a short term market opportunity. To accomplish this, a team of specialized talent was assembled, each bringing a particular expertise to the process. Jay Regan of the firm of Kotin, Regan and Mouchly (KRM) will provide the real estate and market framework and will be responsible for coordinating the initial concept planning stage of the study. Most heavily involved in the formulation of the concept plan will be Jim Goodell of James Goodell and Associates and Peter Kamnitzer, architect, planner and Professor Emeritus at UCLA, who will be responsible for preparing the "vision" and the design alternatives. They will be supported by Lew Garber of DMJM, architects and engineers, who will review and evaluate the various concepts to determine if there are likely to be any major impediments to engineering feasibility. At the same time, DKS Associates (who are the City's consultants for the Circulation Element of the General Plan and who have been retained by the School District to study traffic implications of alternative high school sites), will assess the on-site and off-site traffic implications of the various alternatives. Providing much of the environmental data needs for the first phase will be the planning consulting firm of Envicom. For the second phase, the effort will be coordinated by Woody Tescher of Envicom, who will have primary responsibility for the preparation of the Specific Plan and EIR. The costs and timetable for the second phase are shown within ranges, as the specific work program would be dictated to some extent by the results of the first phase. Although approval is requested for both Phase I and II at this time, Phase II would not be initiated until a specific program, cost schedule and timetable is submitted at the conclusion of Phase I. The total cost of the study is expected to be between $346,400 and $421,400, with Phase I at $171,400. Although the responsibility for the conduct of the study will be shared equally by both cities, the City of Diamond Bar will accept responsibility for contract administration. (Since the City of Industry, as the property owner will eventually be the applicant for any proposed development in the area, it would be appropriate for the City of Diamond Bar to assume responsibility for contract administration, particularly with respect to the preparation of the Specific Plan and the EIR.) Accordingly, it is requested that $50,000 be authorized for the conduct of the study, that staff be directed to prepare a cooperative agreement (draft attached) with the City of Industry for the conduct of the study and sharing of costs, and that the consultant team be authorized to proceed in accordance with the attached scope of services. PREPARED BY: James DeStefano, Community Development Director and Irwin Kaplan, City Planner Emeritus JDS\mco attachments: Scope of Services Draft Cooperative Agreement F:\WP51\WORK\AGENDA\AOH-RYr.FRM KOTIN. REGAN & MOUCHLY. Inc. Peal Estate Consuitants 1161, San Vcerte Boulevard Suite 700 'Los Angeies. Caiifornia 90049 2131820•G900 August 29, 1991 Mr. Robert L. Van Nort, City Manager City of Diamond Bar 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765 RE: PROPOSAL FOR CONCEPT PLANNING OF TRES HERMANOS PROPERTY Gentlemen: It is with great pleasure that Kotin, Regan & Mouchly, Inc. (KRM) in association with James Goodell, Peter Kamnitzer, DMJM and Envicom respond to your request for a proposal concerning the concept plan, specific plan and environmental impact report (EIR) preparation of the Tres Hermanos property. Tres Hermanos is a large undeveloped parcel of land at the eastern end of your City. Although the total parcel is more than 2,300 acres, approximately 800 acres are within the City of Diamond Bar and are the focus of this proposal. OBJECTIVES OF THE CONSULTING EFFORT Phase 1 - Concept Planning The broad objective of this consulting effort is to synthesize the potential of the property and the requirements of the affected constituencies and participants into innovative land use concepts that would simultaneously generate significant long-term revenue to the landowner and improve both the net revenues and the quality of life for the City of Diamond Bar. Associated with this ambitious integrated statement are a series of specific objectives: 1. Organize the available information. 2. Ascertain the priorities and requirements of the affected constituencies, particularly the cities of Diamond Bar and industry, since the latter is the owner of the property. 3. Create a wide-ranging and imaginative vision of the prospective use of the property considering the inclusion of a major high school site for the Pomona School District. KOTIN. REGAN & .MOL'CHLY Inc, Proposa' for Concept Planning of Tres Hermanos Property Auousi 29, 1991 4. Identify the benefits of one or more conceptual plan scenarios to the affected constituencies. 5. Provide recommendations for general guidelines to be incorporated in the general plan with respect to this property, acknowledging that any further definition would clearly require its own specific plan. 6. Identify the prerequisites and resources required for detailed master planning of the site should the concepts proposed be adopted. To a large extent, the Phase I study, as comprehensive and imaginative as we hope it will be, is stili just a "plan to plan." Detailed planning or even schematic planning of a site this large is an effort requiring months, if not years, of planning, Maudget.for_s4ch-an-u- ndertaking could salify -reach -$1 -million or more. The objective of the study Is to highlight the site's potential for the City of Diamond Bar and the site's owner with sufficient definition to provide general plan guidelines, facilitate school negotiations, and identify prerequisites for further specific planning and an entitlements plan. Phase 11 - Specific Plan and EIR The Phase II assignment will involve refinement of the conceptual plan and formulation of a Specific Plan, as authorized by California State Planning Law, which is anticipated to include various components including a land use plan, circulation plan, infrastructure/utilities plan, grading feasibility and design standards, urban design, public facilities, development and design standards, and implementation. This work program also will include preparation of an EIR in accordance with CEQA requirements. CONSULTING TEAM The financial and economic analysis element of Phase I as well as overall Phase I study administration will be provided by KRM. The Phase 11 study administration will be provided by Envicom. The consulting team members will provide the following specific services: KOTIN, REGAN & MOEICHLY. Inc. Proposal for Concept Planning of Tres Hermanos Property Agost 24, 1931 Phase I Phase 11 KRM • Project Administration Definitive market planning, • Market and financial analysis Specific Plan - fiscal funding James Goodell • Technical coordination of planning, engineering and preliminary environmental analysis • Concept planning • Development strategies • Entitlements and agency liaison e Refine land use plan • Streetscape/landscape pian • Development & design standards Peter Kamnitze► • Planning and design concepts • Refine land use plan • Streetscape/landscape plan • Development & design standards Envicom • Input to existing condition and constraints analysis • Preliminary environmental assessment • Project administration • Primary responsibility for Specific Pian and E1R preparation DMJM Conceptual grading and • Refine site engineering site engineering - Infrastructure & utilities plan This proposal excludes transportation consulting services for both Phases I and 11 to be provided by DKS Associates under separate contract. SCOPE OF EFFORT The proposed consulting effort is presented in two phases: Phase I - Conceptual planning, financial analysis and market research Phase i I - Specific Plan and EI R preparation The scope of Phase i is to develop a concept plan. Where it differs from traditional concept planning in its explicit incorporation of financial analysis for both the City and the owner. It also diffeis rs in that a specialized pre -development consultant is being invited into the process to coordinate the large number of potentially conflicting jurisdictions, constituencies and priorities. The process by which this property would be developed is complex. No concept 3 KOTIN, REGAIN & MOUCHLY Inc. Proposal for Concept Planning of Tres Hermanos Property August 29, 1991, plan, no matter how imaginative, can succeed if it is not tempered with the knowledge of the process through which any development must proceed. While the results of this analysis may become part of the public process of general plan adoption, that public process is explicitly outside the scope of Phase 1. The participants all agree that the uncertainty associated with public presentations and review would prevent us from putting forth a fixed-price budget. Accordingly, while we intend to have extensive interaction with staff and individual one-on-one interaction, as appropriate, with other constituencies, e.g. the owner, the school district, etc., Phase I is not a proposal to write, present or adopt an element in the general plan. Creation of a specific plan of the project for public review is the explicit objective of Phase H. Nothing in the foregoing, however, should restrict the staff from publicly presenting or discussing Phase I results to the extent that they approve and endorse them. Also critical to the scope of this project is that the consulting team feels that this is a unitary effort that cannot be neatly broken down into phases. Therefore, we would anticipate that none of our results be published in any form until the entire process has been completed. The Phase Il scope of work is presented in this proposal only in general outline form at this time. The precise scope of work for Phase II will be refined at the conclusion of Phase I to reflect the findings of the Phase 1 study. PHASE is Concept Planning At this time, concept planning, which is the overall Phase I effort, will consist of eight sequential tasks: 1. Initial debriefing and data assembly 2. Overall constraints and priority constraint analysis 3. Preliminary/conceptual engineering 4. Constituency identification and establishment of priorities 5. Explicitly "unfettered" conceptual analysis of property's potential 6. Parallel financial analysis 7. Synthesis, report preparation and presentation 8. Supporting market research documentation in the following discussion, the general components of each of these tasks are presented together with a discussion of which team members have primary responsibility. it should be noted that Tasks 4, 5 and 6 are all concurrent in order to provide a reasonable near-term delivery date to the client. 4 KOTiN, REGAN & MOUCHLY: Inc. Proposal for Concept Planmq of Tres Hermanos Property Task 1 - Initial Debriefing and Data Assembly August 29, 1991 In the initial debriefing, all major team participants would be debriefed by key personnel from the two cities. The debriefing would primarily deal with their perception of the property, an identification of existing information and existing information sources and their recommenda- tion as to other parties or processes that need to be considered. At this time, the initial debriefing and data assembly would not extend materially beyond the two cities and whatever consultants or consulting studies that they have already assembled. The consulting team would also assemble independent external data, to the extent needed and readily available, e.g. aerial photos, better topographical maps, traffic count data, etc., as needed. In this phase of the work, the primary team member with overall responsibility would be James Goodell and DMJM, although representatives of all participants would participate, We tentatively anticipate that in order to meet the overall time deadline in this project this phase would require approximately two to three weeks. Task 2 - Preliminary Site Constraints Analysis This is primarily a topographical, traffic and institutional constraints analysis. it will be the primary responsibility of James Goodell, together with DMJM supported by Envicom. While no formal timeline has been set for this, the process will begin immediately after Task 1. During this task, the consultant will conduct a preliminary evaluation of the physical environmental characteristics of the site and available infrastructure and services which may influence the patterns, densities, and/or types of development which may be achieved on the Tres Hermanos property, These will be determined by field reconnaissance of the site, review of aerial photographs and extant literature (e.g., the 1970 Tres Hermanos Ranch Plan, E1 Rs, California Department of Fish and Game lists of rare and endangered species, and other), and interviews with service agency representatives. it is anticipated that the critical environmental factors to be evaluated will include. • Topography and slope • Geology and soils (historic landslides, liquefaction potential, faulting, etc.) • Significant plant and wildlife habitats • f=looding • Streets and highway; vehicular access to the site • Infrastructure (principal sewer and water trunk lines, storm drainage, and other elements serving the site) • Significant visual elements The major output of this phase of the analysis will be a series of general charts and working graphics as well as a descriptive narrative indicating the constraints site and dictated by the physical or legal considerations. A constraints map will be part of final presentation together KORN. REGAN & MOUCHLY. Inc. Proposa, for Concept Planning of Tres Hermanos Property August 29, 199' with a suitable appendix and cross-reference material specifying the legal or physical basis for limiwlon and the kind of limitation of development. Task 3 - Frei iminary/Conceptual Engineering The preliminary engineering tasks to be performed by DMJM will include the following areas: • Site constraints research and analysis - public facility providers and limitations; existing utility systems and service implications; city requirements and policies; review of soils issues. • Concept grading plan - preliminary grading pian and earthwork estimate for alternative concept plans. • Preliminary utility network - preliminary wastewater, water distribution, storm water plans including identification of potential for reclaimed water system and implications for development. • Preliminary cost estimates - basic land development cost estimates for grading, roadways, basic utility network and offsite construction requirements. Task 4 - Constituency Identification and Establishment of Priorities In this task, Coodell and Envicom will interview and debrief, over a period of approximately six weeks, all the affected Jurisdictions. For each of the constituencies or regulatory jurisdictions, he will assemble basic information as to their requirements to provide meaningful reality checking and process analysis for the concepts being developed in parallel with Mr. Kamnitzer in Task 4. KRM will actively participate in the process to the extent that there exists financial or fiscal implications or prerequisites for various elements, e.g. infrastructure financing. The output from this effort will be a combination of narrative and chart presentations. A narrative and/or chart presentation of critical approval processes will be provided not only for the conventional entitlements but also for any specialized elements of environmental review and interactions with other critical agencies, e.g. Caltrans, Pomona Unified School District. Approximate required time, initial documentation and apparent and potential constraints on development will be identified with each relevant constituency and organization. Task 5 - Explicitly "Unfettered" Conceptual Analysis of Property's Potential Upon completion of the initial debriefing, Mr. Kamnitzer will bring to bear his experience and his ideas as to potential innovative land uses. While his general charter will include Incorporation of possible education facilities and the generation of both revenue and positive fiscal impact, he will be explicitly unfettered in his analysis of the property's potential. C KORN. REGAN & MO UCH LY: Inc. Proposal for Concept Planning of Tres lormanos Property August 29, 1991 Working with Goodell, he will develop for review by other team members two or more alternative scenarios at a highly generalized concept level. We understand from discussions with the City of Diamond Bar staff that an important early decision must be made with respect to a new Pomona High School District school site. Peter Kamnitzer, working with Mr. Goodell, will ascertain the critical parameters governing the size, character and location of the school site and work with the District to modify and refine the possible school sites on the property, The output of this plan will be a series of very rough conceptual presentations showing alternative land use configurations, together with minimal narrative support describing specialized features of the proposed land uses, interactions and the role and character of land uses in the overall plan. Particular attention will be given in this phasing analysis to discussing how the planned response to anticipated future changes in either the general pattern of urban development or other specific considerations will impact this site on a local and regional basis. The presentation emanating from this analysis will be explicitly in draft form and preliminary in nature. Only upon its synthesis with the economic, regulatory and other elements in the analysis will these concept plans be refined. Task 6 - Parallel Financial Analysis For the joint use of the cities, KRM will develop a financial model of development of the property that will, at a minimum, incorporate the following elements: The fiscal impact of development The required Investment and potential returns to the landowner of different schemes of development at a generalized level The associated infrastructure financing required for development It is anticipated that this will be a generalized model dealing with general classes of land use rather than detailed project components. This model will be explicitly integrated with Task 8 to establish supportable property absorption rates, sales prices for both finished product and land, and appropriate other costs and revenue considerations. Task 7 - Synthesis, Workshop and Report Preparation Upon the completion of Tasks 1 through 6, the team will assemble and, with active participation from staff of both cities, integrate their results into no more than three alternative scenarios. A public workshop will be conducted to present alternative concepts to the public prior to selection of preferred plan alternatives. The synthesis element in Task 7 will be a central and pivotal feature of the overall consulting effort. In this analysis, we will draw together the inputs from the market research, the financial 7 KOTIN. REGAN & MOUCHLY. Inc. Proposal for Concept Planning of Tres He"anos Property August 29, 1991 simulation, the constraints and priorities analysis with the initial visual concept plans. What should emerge from this is a concept plan at least partially pretested for its political and financial feasibility with a fairly clear specification of the prerequisites of successful development, While final engineering and detailed entitlements will still be lacking in this analysis, there will be an integrated and balanced product. A preliminary version of this product will be made available to the client. Following a week or longer client review, the consulting team will require approximately three weeks to prepare a final report with final graphics. It is contemplated that the final report will include, at a minimum, a sketch presentation of two or more alternative development scenarios accompanied by a narrative describing the premises, approach and character of the proposed plan. In addition to a set of quantitative approxima- tions of the plan's yield in units or FAR density, there will also be a discussion of projected sale or land lease revenue to the landowner and fiscal impacts to the City. The role of the land uses in terms of long-term market forces and their relationship to the changing character of the community of Diamond Bar and its strategic location will also be provided. In addition, there will be, for each of the adopted scenarios and, if needed, for each of the component land use elements, a narrative and/or chart description of the approval process and prerequisites for approval that have been identified in thepriorities and process analysis. Limited narrative discussion will be provided indicating the relationship of the proposed plan or plan element to affected jurisdictions beyond the quantitative and financial elements already provided above. The report will conclude with a series of support appendices providing background data as to processes, baseline property information, etc, Limited cross referencing to the market research report will also be provided as needed. Task S - Supporting Market Research Documentation in parallel with Phase 1, KRM, under the direction of James Regan, will undertake a systematic market research effort that will consider both the overall and specific market support for development on the Tres Hermanos property. This effort, which will require approximately six to eight weeks, will provide an overview of market support for non-residential uses in the City of Diamond Bar with particular focus on those potentials that are suitable to Tres Hermanos. The need for treating the entire City is to assure that development of Tres Hermanos would be complementary to other development in the City of Diamond Bar. The basic elements in the market research will include the following: An analysis of existing development levels for non-residential uses in the City of Diamond Bar. KOTIN, R CAN & MOUCH! Y Inc. Proposal; for Concept Pianning of Tres Hermanos Property August 29, 1991 • A parallel and moregeneralized analysis of non-residentiai, retail and office patterns in a surrounding area tentatively to be designated as a competitive market area. • Survey of prevailing vacancy, pricing and property characteristics in key non- residential developments in the competitive market area as well as in the City of Diamond Bar, • A parallel analysis of demographic, household and income trends, in particular to establish levels of support for retail development but also to consider possible implications for hotel and office development on a population -to -business ratio basis. • A special analysis of long-term, macro -economic growth trends as they relate to the regionally strategic central location of the property, A synthesis of the survey and demographic data to establish overall demand for non-residential uses in the competitive market area of which Diamond Bar is a part. • Establishment, selectively by land use type, of the expected capture rates for the City of Diamond Bar generally and for Tres Hermanos specifically and conversion into a projected absorption schedule for selected forms of non-resi- dential development. In parallel, there will be some discussion and treatment of the anticipated housing growth. The primary level of this will be to establish general parameters for housing for the purpose of incorporating on a financial basis the inevitable housing element into any conceptual plan. At this time, KRM does not foresee the need for in-depth housing market research but rather merely a characterization of the typical types of housing associated with multi -family rental, multi -family ownership and single-family detached at two or three different price levels within the City. This largely descriptive survey will also be an element in the process. In the general overview of housing, particular attention will be given to innovative ways of incorporating affordable housing to meet the needs of both the cities of Industry and Diamond Bar. KRM will undertake this study which may use specific selective subcontractors for particular expertise on various components, if the client requires the identity and scope of these subcontractors, they will be reviewed before they are retained but overall responsibility for the integrated results will be that of KRM. 91 KOTIN, RSCA\ & %10I.CHLY Inc. Proposal for Concept Planning of Tres Hermanos Property August 29, 1991 Deliverables For Phase I, the general concepts study, KRM has identified five major deliverables that are listed below: 1. Narrative report 2. Preliminary range financials to owner 3. Preliminary range fiscal impacts to City 4. Order of magnitude land improvement costs (per engineer) 5. Concept drawings There will be a separate report for Task 8 to establish confidentiality and because it will be independently useful for a wide range of activities. KRM will write the report and present under separate cover at or prior to the final project presentation. PHASE 11: Formulation of Specific Plan and Environmental Impact Report During this phase, the consultant team will formalize the conceptual plan for the Tres Hermanos Ranch property as a Specific Plan and prepare its accompanying Environmental Impact Report (EIR), The Specific Plan will be prepared jointly for the cities of Diamond Bar and Industry in accordance with the substantive and procedural requirements of the State of California Planning and Zoning Law (Government Code) Section 65450 et. seq. The EIR will be prepared as an independent review of the draft Specific Plan for the City of Diamond Bar in accordance with the requirements of the California Environmental Quality Act. Work tasks to be conducted and products to be prepared will elaborate on those completed during the conceptual planning phase of this work program. Task 1 - Data Refinement and Documentation During this task, the consultant team will compile and analyze additional data regarding the existing conditions of the Tres Hermanos property, to facilitate refinement of the conceptual land use plan and as input for the EIR. This will include the further investigation and documentation of the "critical" environmental factors which were determined to influence the structure of land uses in the first phase and other elements required for compliance with CEQA. The specific scope and depth of analysis for each environmental resource to be considered will be dependent on the conclusions regarding the significance of each resource previously evaluated. For example, should the presence of a significant wildlife or vegetation habitat be determined to potentially exist during the first phase, the consultant would conduct field surveys to confirm this potential, 10 :ZEZN7 3v 3, KOTIN, REGAN & MOI. CHLY, Inc, Proposal for Concept Planning of Tres Hermanos Property Au&ust 29, 1991 Potential data to be compiled would include: • Land use (onsite and peripheral) • Circulation (onsite and peripheral) Streets and highways (existing and master -planned) Transit Blkeways Equestrian trails Other • Infrastructure/utilities serving the site Water supply and distribution Wastewater collection and treatment Storm drainage Solid waste collection Energy (natural gas and electricity) Communications (telephone, television and other) • Public services serving the site Schools Parks and recreation Police Eire Govern ment/acim inistrative • Archaeological and cultural resources • Environmental resources Vegetation and wildlife habitat Sign ificant/sensitive/rare and endangered species • Topography and slope • Geology and soils - landslide potential/slope stability - Erosion - Seismic - Li uefaction potential Other 11 KOTIN. BEGAN & MOU CHLY' Inc. Proposol for Concept Planning of Tres Hermanos Property August 29, 1991 • Surface and sub -surface hydrology • Aesthetic resources and viewsheds • Toxics • Noise Pertinent information regarding these resources will be documented by text, maps, and, as appropriate, illustrative graphics for inclusion in the Specific Plan and EIR. Task Z - Review and Refine Concept Plan The concept plan formulated in Phase i will be reviewed according to its impacts on and by the expanded environmental analyses conducted in the preceding work task. As necessary, the plan's distribution and pattern of land uses will be modified to account for the presence of significant constraints or im acts. Revisions will be evaluated according to the fiscal, financial, transportation, and infrastructure impacts to confirm the plan's continued feasibility. The revised plan and analyses will be reviewed with the cities of Diamond Bar and Industry. Task 3 - Prepare Specific Plan For the conceptual land use plan, as modified by the preceding tasks, detailed land use, engineering, environmental management, and implementation plans, standards, and other pertinent elements will be formulated for inclusion in the Specific Plan. Plan components will include the following: Land Use and Qevelopment • Land use plan Parcelization Type and densi�/intensity Open space an public amenity The land use plan will be depicted on a base map. • Urban design/streetscape plan - Entry identification - Signage - Street trees and other public landscape - Street lighting - Other 12 KOTIN. REGAN & MOUCHLY, Inc. Proposal for Concept Planning of Tres Hermanos Property August 29, . 991 As appropriate, illustrative graphics will be prepared to depict the overall organizational urban design structure and specific sub -areas and components. A framework of design principles and standards will be defined by which precise design specifications could be subsequently prepared. • Public facilities plan (e.g., schools and parks) 4 Development and design standards Intensity (floor area ratio, units per acre) Parking, signage and other code requirements Site development Architecture Landscape and streetscape Other Standards will be written and formatted for inclusion in the City's zoning code. Illustrations will be prepared to facilitate understanding of pertinent standards. Infrastructure and Utilities • Circulation plan Streets and highways Public transit (if any) Bikeways Trails (equestrian and hiking) Locations of principal improvements will be depicted on the base map. Street classification standards (including right-of-way and improvement widths) will be specified. Generalized development costs will be estimated. • Infrastructure/utilities plan Drainage (hydrology and hydraulics) Water supply and distribution Wastewater collection and treatment/disposal/reclamation Solid waster collection and disposal Locations of principal improvements will be depicted on the base map. Pertinent standards will be specified, Generalized development costs will be estimated. 13 KOTIN. REGAN & MOI,CHLY: Inc, Proposal for Concept Planning of Tres Hermanos Property August 29, 1991 • Grading plan A generalized grading plan will be prepared. • implementation plan Procedures (administrative, development application processing, City review, public input, etc.) Responsibilities Phasing and timing of development Financing program (for infrastructure) Preliminary concepts (described by text, maps, and illustrative graphics) will be prepared for each of the components and submitted to the cities of Diamond Bar and Industry for review. Based on comments received from the City, the elements will be revised and finalized. Task 4 - Prepare Environmental Impact Report An Environmental Impact Report (EIR) will be prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and City of Diamond Bar guidelines. An Initial Study will be prepared in collaboration with City staff. On completion of the draft EIR, a "screencheck° will be prepared for City review and comment. The final draft responding to the City's input will be prepared, published, and distributed. On completion of the public review period and input by the Planning Commission and City Council, responses to public comments will be prepared and incorporated into a final EIR. In concert with the EIR, a Mitigation Monitoring Program will be formulated. Task 5 - Conduct Public Workshops During the formulation of the Specific Plan, workshops will be conducted to enable the City's residents, business persons, and other interest parties to provide input to the planning process. These will be conducted as ''hands-on" participatory processes, rather than the traditional "presentation -response" format. Large-scale base maps, wall graphics, three-dimensional materials, and other media will be used to facilitate the definition of the public's issues and visions regarding the use and development of the Tres Hermanos property. The consultant team will collaborate with City staff in designing a program of outreach and structuring the workshops to maximize their usefulness in providing input to the planning program. For the purposes of this proposal, it is assumed that three workshops would be conducted addressing the following topics; Issues and visions for the Tres Hermanos property Review of and modification of the preliminary land use plan and urban design concepts Review of the final Specific Plan components 14 KOTIN, IECAN & MOUCHLY Inc. Proposal for Concept Plann;ng of Tres Hermanos Property August 29, 1991 Task b - Participate in Public Hearings The consultant team will participate in City Council and Planning Commission study sessions and hearings to adopt the Specific Plan and certify the EIR. Presentation graphics will be prepared at the direction of the City of Diamond Bar. For the purposes of the budget of this proposal, it is assumed that the consultant team will participate in six sessions/hearings. BUDGET Phase I This is a broad and complex assignment for which it is difficult to establish individual task budgets. As mentioned previously, the estimated budget for Phase I excludes transportation consulting services provided outside of this contract by DKS Associates. The estimated budget for Phase I is as follows: KRM $ 40,000 Goodell 35,000 Kamnitzer 25,000 Envicom 17,000 DMJM 25,000 Subtotal - Work Scope $ 142,000 KRM - Project Administration 5.000 Total Consultant Budget $ 147,000 Subcontract - Topographic Survey 24,400 TOTAL $ 171,400 The subcontract represents a cost estimate prepared for the Pomona Unified School District by Robert Wada & Associates for a complete topographic survey of the property. This is a maximum budget that will not be exceeded without the expressed consent of the client, The budget includes all costs for professional staff time, expenses, report preparation and publication. These studies are being performed for both the City of Diamond Bar and the City of Industry. We understand that the City of Diamond Bar will be the contracting entity with KRM for Phase I administrative and billing purposes. The time required to complete Phase I is estimated at four months. KRM will bill monthly for costs incurred by consulting team members, Given major up -front costs incurred during the start-up period, the consulting team requests a retainer of $20,000 which will be applied against final billings. 13 SE'qT 5V:�'' j% �E LN 1,1' KOTIN, RECAN & MOUCHLY Inc. Proposal for Concept Planning of Tres Hermanos Property August 29, 1991 Phase Il Although a general scope of work is presented in this proposal for Phase II, a realistic work scope to reflect those results cannot be established until completion of Phase I. A general budget range for Phase 11 has been estimated by Envicom, lead consultant for Phase il, at $175,000 - $250,000. The time required to complete both Specific Plan and EIR preparation is estimated at 12 to 18 months, ACCEPTANCE AND AUTHORIZATION If this proposal meets with your approval, please sign the enclosed copy and return it to us for our records. If a different form of contract is required, please feel free to prepare such a contract for our consideration, including in reference the contents of this proposal On behalf of the consulting team members, KRM is pleased to submit this proposal and looks forward to the opportunity of working on a most challenging assignment with the cities of Diamond Bar and Industry. cc, Chris Rope, City Manager, City of Industry Carl Burnett, City of Industry Enclosures AGREED TO AND AUTHORIZED BY: (City) (Name) (Title) C: \FI LES\M 15199\WP\TRM;)PR:J a 16 Respectfully submitted, amesetReg Prdn ( Date) day of DRAFT COOPERATIVE AGREEMENT FOR PREPARATION OF TRES HERMANOS AREA SPECIFIC PLAN This Agreement is made and entered into as of this , 1991, by and between ("INDUSTRY" sometimes hereinafter) and the CITY OF DIAMOND BAR, a municipal corporation ("DIAMOND BAR" sometimes hereinafter). A. Recitals. (i) INDUSTRY and DIAMOND BAR desire to develop a Specific Plan for that area within the corporate limits of DIAMOND BAR commonly referred to as the "Tres Hermanos Ranch" ("the Property" hereinafter). (ii) INDUSTRY and DIAMOND BAR desire to retain the services of qualified persons to prepare a specific plan for the Property, pursuant to the provisions of California Government Code Sections 65850, et seq., including necessary environmental documentation, on a coordinated basis with DIAMOND BAR as the lead agency in order to minimize costs and expenses to the public. Hereinafter in this Agreement, the preparation of a Specific Plan for the Property shall be referred to as the "Plan". (iii) INDUSTRY and DIAMOND BAR desire to set forth their respective rights and obligations concerning the Plan. 1 GRAFT NOW, THEREFORE, the parties hereto agree as follows: 1. DIAMOND BAR shall, in consultation with INDUSTRY, prepare Request for Proposal(s) to seek the services of qualified persons to prepare the Plan. 2. DIAMOND BAR shall be responsible for the preparation of required documents and for the preparation and award of contract(s) pursuant to applicable law for the preparation of the Plan. Toward this end, DIAMOND BAR shall be responsible for the preparation of all legal documents, including the Request(s) for Proposal, related agreements, and insurance requirements. DIAMOND BAR shall be solely responsible for the administration and performance of the contract awarded to any contractor(s) for the preparation of the Plan. 3. INDUSTRY agrees to pay its fair share of costs associated with the preparation of the Plan. The parties agree that the preliminary estimate for preparation of the Plan is DIAMOND BAR agrees to contribute towards the payment of the preparation of the Plan, not to exceed Fifty Thousand Dollars ($50,000.00). 4. In the event proposal(s) submitted by responsible proposers for the preparation of the Plan exceeds the preliminary estimate by a sum total greater than ten percent (10%), DIAMOND BAR shall not be empowered to award any contract therefor or bind INDUSTRY to any such contract hereunder without the prior written consent of INDUSTRY. E DRAFT 5. Upon approval of contract document(s) for preparation of the Plan, INDUSTRY shall deposit with DIAMOND BAR its anticipated share of the costs therefor and DIAMOND BAR shall be authorized to make payments, including progress payments, to person(s) engaged thereby to prepare the Plan. Within sixty (60) days after approval of the Plan, DIAMOND BAR shall present to INDUSTRY an itemized invoice setting forth the final costs for the preparation of the Plan. Said costs shall include all costs to be paid by DIAMOND BAR as described in paragraph 3, above. Payment of said invoice shall be made by INDUSTRY to DIAMOND BAR within thirty (30) days of receipt thereof. In the event that INDUSTRY's deposit hereunder exceeds the final costs of the Plan preparation, DIAMOND BAR shall present to INDUSTRY its warrant representing the refund due to INDUSTRY together with its invoice setting forth the final costs for the preparation of the Plan. DIAMOND BAR further agrees to provide to INDUSTRY copies of all invoices presented to the person(s) retained to prepare the Plan upon receipt of same. 6. DIAMOND BAR shall incorporate within the contract documents with the person(s) retained to prepare the Plan requirements for the proposer(s) to obtain and keep in full force and effect throughout the life of the Plan preparation, for the mutual benefit of DIAMOND BAR and INDUSTRY, a policy or policies of comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from the activities of 3 DRAFT the bidder, in an amount and in form and content satisfactory to DIAMOND BAR's City Attorney and INDUSTRY's General Counsel Said policies shall name DIAMOND BAR, INDUSTRY and their respective elected and appointed officials, officers, and employees as additional insureds and shall, additionally, contain language providing for waiver of subrogation, that the policies are primary and noncontributing with any insurance that may be carried by the parties hereto and that said insurance may not be canceled or materially changed except upon thirty (30) days notice to DIAMOND BAR. DIAMOND BAR shall also require that workers' compensation benefits are secured by the bidder as required by law. 7. INDUSTRY shall defend, indemnify and save harmless DIAMOND BAR, its elected officials, officers and employees, from all liability from loss, damage or injury to persons or property, including any and all legal costs and attorneys' fees, in any manner arising out of the performance, by INDUSTRY, its elected and appointed officials, officers and employees of this Agreement to the extent permitted by law. 8. DIAMOND BAR shall defend, indemnify and save harmless INDUSTRY, its elected officials, officers and employees from all liability from loss, damage or injury to persons or property, including any and all legal costs and attorneys' fees, in any manner arising out of the performance, by INDUSTRY, its elected and appointed officials, officers and employees, of this Agreement to the extent permitted by law. 4 DRAFT 9. In the event any action or proceeding is filed to enforce this Agreement, or any term or provision hereof, the prevailing party in any such action or proceeding shall be entitled to its reasonable expenses, including costs and attorneys' fees. 10. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilized their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law of in equity with respect to any such dispute or controversy. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATTEST: APPROVED AS TO FORM: General Counsel By By CITY OF DIAMOND BAR, a municipal corporation By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: City Attorney L110111DBICOOP WB 2.5C 6 CITY OF DIAMOND BAR AGENDA REPORT TO: Mayor and City Council MEETING DATE: September 3, 1991 FROM: Robert L. Van Nort, City Manager TITLE: HERITAGE PARK AGENDA NO. REPORT DATE: August 27, 1991 SUMMARY: The City Council after evaluating renovation, is considering the reconstruction of the building at Heritage Park for a community and/or senior center at Heritage Park. RECOMMENDATION: Renovation of building at Heritage Park and solicit RFP's for architectural proposals. 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) X Other RFP 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? _ 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? x Yes _ No Report discussed with the following affected departments: Public works REV WED BY R bert L. Van Nort Terrence L. Belanger City Manager Assistant City Manager (Department Head) �. CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: HERITAGE PARK ISSUE STATEMENT: The City Council after evaluating renovation, is considering the recon- struction of the building at Heritage Park for a community and/or senior center at Heritage Park. RECOMMENDATION: It is recommended that the City Council: 1. Direct staff to solicit architectural proposals for the construction of a community and/or senior center at Heritage Park utilizing CDBG funds, 2. Direct the Parks and Recreation Commission to conduct community work sessions as a part of the process for developing the design of the Heritage Park building improvements, 3. Consider the participation of members of local recreation groups and seniors in the design of the facility, and 4. Direct staff to undertake discussions with the County to determine whether funding a center is feasible for the full three year entitlement (Period 17) which will allow the City to undertake construction in 1992. FINANCIAL SUMMARY: No fiscal impact to the City. BACKGROUND: Council applied for and received approval for a $40,000 for State Park Grant to renovate the Heritage Park building. In reviewing the originally proposed renovation project with several architects, it was determined that the best interest of the city would be served by demolishing rather than renovating the current Heritage Park facility. Based upon comments from the archi- tectural community, Council believes it more prudent and cost effective to construct rather than renovate a community and/or senior center for the members of the community. Council has indicated that architectural services should be secured for the design and construction of a center, with construction to commence later in the 1991-92 fiscal year. Given the current condition of the facility and the need to update the building to existing building codes and standards, new construction would be more cost effective and provide an opportunity to expand the community facility. A request for proposal for architectural services has been prepared for the development of design options which would be encompassed in a community and/or senior facility. The Heritage Park Community Building Project is proposed to utilize City general funds, State Park Grant funds, and the possible usage of CDBG funds for architectural design and construction, with construction to commence after Commission review and Council approval, within fiscal year 1991-92. CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 21660 EAST COPLEY DRIVE, SUITE 100 DIAMOND BAR, CALIFORNIA 91765 REQUEST FOR PROPOSAL FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION OF HERITAGE PARK COMMUNITY BUILDING All pages of this specification are to be returned, with a narrative proposal attached which responds to the specification, to: Public Works Department City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765 Submittal Deadline: Date: September 25,1991 Time: 5:00 p.m. Proposal submitted by: Name of Company Address By: Signature Name (Typed) Title CITY RR— 21660 EAST COPLEY DRI% E • SUITE 100 ILI�IO�'D lli�� DIAMOND BAR, CA 91765-3177 D I 71 1-860-2489 • FAX 714-861-3117 DATE: August 26, 1991 TO: Interested Architectural Firms SUBJECT: Architectural Reconstruction services for Heritage Park Community Building. The City of Diamond Bar is inviting qualified architectural firms to submit proposals for reconstruction of the Heritage Park Community Building. Heritage Park is located at 2900 Brea Canyon Road. The services will include design and preparation of preliminary plans, construction drawings, specifications and cost estimates. During construction the architect shall provide construction management which will include attendance at regular on-site meetings with staff and contractor. Project Description: The City of Diamond Bar desires to demolish the existing building and reconstruct a community building on the same site, at Heritage Park. The existing building is approximately two thousand (2,000) square feet in size. The facility needs to be removed and a new building built on the same site. The new building's square footage should be equal to or greater than the existing structure. The facility is used for various meetings, recreation functions (tiny tots), senior citizen activities, office space, and storage. The building will also be used for a Preschool Child Care facility and as such must meet state education codes for a Day Care facility. The City has budgeted $500,000 for this project. However, contingent upon approval by the Community Development Commission of Los Angeles, the City may allocate its three year Community Development Block Grant entitlement to this project. SCOPE OF WORK The scope of work to be performed by the architect will include the following: 1. Evaluation of existing structure, prior to demolition to determine salvageability of any existing improvements. JOHN A. FORBING JAY C. KIM PHYLLIS E. PAPEN DONALD C. NARDELLA GARY H. WERNER ROBERT L. VAN NORT Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager CITY OF DIAMOND BAR USES RECYCLED PAPER 2. Preparation of all conceptual drawings and renderings necessary for presentation to and review by Staff, Commissions and Community groups. 3. Prepare all drawings, specifications, calculations, and information necessary for the construction of all site improvements. 4. Prepare all drawings, specifications, calculations, and information necessary for the construction of the new Community Building structure. 5. Attend all Public Hearings and Community meetings to provide technical information. 6. Prepare all construction documents and bid forms and administer the construction bidding process. 7. Prepare and update the project budget. 8. Prepare and update the project construction schedule. 9. Develop and maintain a complete project record system. 10. Conduct regularly scheduled design and construction meetings which will include members representing the owner, architect, contractor and any other persons who may contribute information regarding the topics of the meeting. 11. Provide a complete set of "as built" plans and any other documents required by the City upon completion of construction. 12. Perform any other duties or services normally associated with architectural services as indicated in any contractual agreement between the City of Diamond Bar and selected firm. Proposal Due Date: Architect shall submit five copies of Proposal by 5:00 P.M. September 25, 1991, addressed or delivered to the Department of Public Works, City of Diamond Bar, 21660 East Copley Drive, Diamond Bar, CA 91765. Proposal Contents: The architect shall submit firm's qualifications and prior experience in this type of project. The proposal shall contain a Not to Exceed (NTE) figure and an hourly rate for the persons working on the project. Assume five (5) two-hour meetings with staff and Park Commission. The architect shall submit the estimated time of design completion. Pre -Proposal Meeting: A Pre -Proposal meeting will be conducted on September 6, 1991 at 10:00 a.m. at Heritage Park, 2900 Brea Canyon Road, Diamond Bar, CA 91765. The tour of the subject site will commence after the meeting. Please confirm attendance by contacting Charles Janiel at the Diamond Bar City Hall (714) 860-2489. Selection of Oualified Architect: The City of Diamond Bar shall select the architect for this project based on a combination of factors, such as qualifications, length of time to complete the work, past experience with similar projects, approach to this particular design task, references, and consultant's cost effectiveness. There may be interviews of some or all architects who submit proposals. The selected firm will enter into the City of Diamond Bar Professional Services Agreement, as attached. Schedule of Work: It is the City's intent to have construction of the project underway by early July 1992. Therefore, all services provided, per scope of work and schedule submitted by consultant, must be completed in efficient and timely manner to allow the project construction to commence in July 1992. The Heritage Park Project is partially funded by state and federal grants and may require state and/or federal approval of the plans and specifications. Questions: If there are any questions regarding this request for proposal, please contact Charles Janiel, Public Works Department, at (714) 860-2489. Sincerely, i Sid Mousa� City Engineer/Director of Public Works CJ:ra PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this day of , 19 , between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to ("Project" hereafter), a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of which proposal is attached hereto as Exhibit "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. 1 (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Protect: The preparation of described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of as set forth in Schedule 1 of Exhibit "A" hereto. 2 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Schedule 1 of Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. 3 CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibits "A" and "B". (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. 4 (d) Additional services: Payments for additional services requested,.in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services 5 performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: 11 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Workers' Compensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. V] In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least 8 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing hereunder on behalf of CITY. services (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of dollars ($ ) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 10 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any 11 such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT CITY OF DIAMOND BAR Mayor ATTEST: City Clerk C�1011MPSAWB 2.3D 12 ARCHITECT DIRECTORY Tani Wayne Architects 20960 Gold Run Dr. Diamond Bar, CA 91765 Miller Elenes Architects 659 S. Brea Canyon Road Diamond Bar, CA 91765 Good -Man Free & Assc. Inc. 556 N. Diamond Bar Blvd. Diamond Bar, CA 91765 Ru & Assoc. 22632 Golden Springs Dr. Diamond Bar, CA 91765 Ruiz Armando & Assc. 1930 Brea Canyon Road Diamond Bar, CA 91765 Woo Henry Architect & Assc. 20505 Valley Blvd. Walnut, CA 91789 Environmental Concepts 374 Paseo Sonrisa Walnut, CA 91789 Levitt Group Inc. 4520 Wilshire Blvd. Suite 103 Los Angeles, CA 90010-3801 Arch/Plan Urban Design Collaborative 924 E. Second Street Los Angeles, CA 90012 David A. Price Assc. 333 E1 Camino Real, Suite 200 Tustin, CA 92680 Rauhaus Architects 485 E. 17th Street, Suite 200 Costa Mesa, CA 92627 Anthony & Langford, AIA 16152 Beach Blvd, Suite 201 Huntington Beach, CA 92647 MCG 199 S. Los Robles Ave., Suite 400 Pasadena, CA 91101-2457 ATTN: David L. Eskridge ATTN: Arni Levitt ATTN: Richard Thompson ATTN: David A. Price ATTN: Richard M. Rauh ATTN: Wallace Langford ATTN: Brian Tiedge Wolff/Lang/Christopher, Arch. Virginia Dare Tower 10470 Foothill Blvd. Rancho Cucamonga, CA 91730-3754 Pacific Associates Planners Assc. 427 C. Street, Suite 200 San Diego, CA 92101 Roland/Miller Associates 2421 Mendocino Ave., Suite 200 Santa Rosa, CA 95403 Thorton/Anderson Architects 60 Federal Street, Suite 555 San Francisco, CA 94107 Barker, Rinker, Seacat & Partners 2546 Fifteenth Street Denver, CO 80211 ATTN: Larry Wolff ATTN: Jim Leighton ATTN: John Miller ATTN: Jerry Thorton ATTN: Roz Schneider FACSIMILE COVER PAGE 7&s FAG 5: * - * * * * * * * * * * * . w * * w * * * * w * " * * * * w * . * * * . * * * * * * - 0 * * 0 a * W * * * * * * * * * t * f . - * 0 . - " w 4 W . W q . . . -D SS 71,�,AE: T R�'VX i I T E D D' Y: R E N T F tVX: 70N--T'AC-k PHONE: "I Fed Ex Express tMiail Messenger None Other KOTCN, REGAN & MOUCHLY Inc. Real Esta e Cogs;. to^ts '161, San V ce-te sou'avard Site 700 mos .Ange es Car`crn s 9".049 2'3/E20•C900 August 29, 1991 ;`1r. Robert L. Van Nort, City Manager City of Diamond Bar 21660 East Copley Drive, Ste, 100 Diamond Bar, CA 91765 RE: PROPOSAL FOR CONCEPT PLANMNC OF TRES HERMANOS PROPERTY Gentlemen: It is with great pleasure that Kotin, Regan & Mouchly, Inc. (KRM) in association with :amen Goodell, Peter Kamnitzer, DMJM and Envicom respond to your request fcr a proposal concerning the concept plan, specific plan and environmental impact report (EIR) preparation of the Tres Hermanos property, Tres Hermanos is a large undeveloped parcel of land at the eastern end of your City. Although the total parcel is more than 2,300 acres, approximately 800 acres are within the City of Diamond Sar and are the focus of this proposal, OBJECTIVES OF THE CONSULTING EFFORT Phase I - Concept Planning The broad objective of this consulting effort is to synthesize the potential of the property and the requirements of the affected constituencies and participants into innovative land use concepts that would simultaneously generate significant long-term revenue to the landowner and improve both the net revenues and the quality of life for the City of Diamond Bar. Associated with this ambitious integFated statement are a series of specific objectives: 1. Organize the available information. 2. Ascertain the priorities and requirements of the affected constituencies, particularly the cities of Diamond Bar and Industry, since the latter is the owner of the property. 3. Create a wide-ranging and imaginative vision of the prospective use of the property considering tie inclusion of a major high school site for the Pomona School District. KOTI'�. REGA'N & ti10LCHLY. Inc. Propwa' for Concept Planring of Tres Hermanos Property ,august 29. !99' 4. Identify the benefits of one or more conceptual plan scenarios to the affected constituencies. 5. Provide recommendations for general guidelines to be incorporated in the general plan with respect to this property, acknowledging that any further definition would clearly require its own specific plan. 6. Identify the prerequisites and resources required for detailed master planning of the site should the concepts proposed be adopted. To a large extent, the Phase I study, as comprehensive and imaginative as we hope it will be, is still just a 'plan to pian." Detailed planning or even schematic planning of a site this large is an effort requiring months, if not year, of planning, A budget for such an undertaking could easily reach S1 million or more. The objective of the study Is to highlight the site's potentiai for the City of Diamond Bar and the site's owner with sufficient definition to provide general plan guidelines, facilitate school negotiations, and identify prerequisites for further specific planning and an entitlements plan. Phase it - Specific Plan and EIR The Phase 11 assignment will involve refinement of the conceptual pian and formulation of a Specific Plan, as authorized by California State Planning Law, which is anticipated to include various components including a land use plan, circulation plan, infrastructure/utilities plan, grading feasibility and design standards, urban design, public facilities, development and design standards, and implementation. This work program also will include preparation of an EIR in accordance with CEQA requirements. CONSULTING TEAM The financial and economic analysis element of Phase I as well as overall Phase I study administration will be provided by KRPA. The Phase 11 study administration will be provided by Envicom. The consulting team members will provide the following specific services: 2 KOTIN, REGAN & �10GCHLY: Inc. Proposal -For Concept Planning of Tres Hermanoi Property Aqust 29, 1591 Phase I Phase 11 KRM • Project Administration - Definitive market planning • Market and financial analysis • Specific Pian - fiscal funding James Goodell Technical coordination of • Refine land use plan planning, engineering and • Streetscape/landscape pian preliminary environmental - Development & design standards analysis • Concept planning • Development strategies • Entitlements and agency liaison Peter Kamnitzer - Planning and design concepts • Refine land use plan • Streetscape/landscape plan • Development & design standards Envicom Input to existing condition - Project administration and constraints analysis - Primary responsibility for • Preliminary environmental Specific Pian and FIR assessment preparation DMJM Conceptual grading and • Refine site engineering site engineering • Infrastructure & utilities plan This proposal excludes transportation consulting services for both Phases I and II to be provided by DIES Associates under separate contract. SCOPE OF EFFORT The proposed consulting effort is presented in two phases: Phase I - Conceptual planning, financial analysis and market research Phase 11 - Specific Plan and EI R preparation The scope of Phase I Is to develop a concept plan, Where it differs from traditional concept planning is in its explicit incorporation of financial analysis for both the City and the owner. It also differs in that a specialized pre -development consultant is being invited into the process to coordinate the large number of potentially conflicting jurisdictions, constituencies and priorities. The process by which this property would be developed is complex, No concept 3 KOTI\'. RECAN & MOILCHLY Inc. Prcposai `or Concept Planning of Tres Hermanos Property August 29, 1991 plan, no matter how imaginative, can succeed if it is not tempered with the knowledge of the process through which any development must proceed. While the results of this analysis may become part of the public process of general plan adoption, that public process is explicitly outside the scope of Phase I. The participants all agree that the uncertainty associated with public presentations and review would prevent us from putting forth a fixed-price budget. Accordingly, while we intend to have extensive interaction with staff and individual one-on-one interaction, as appropriate, with other constituencies, e.g. the owner, the school district, etc., Phase I is not a proposal to write, present or adopt an element in the general plan. Creation of a specific plan of the project for public review is the explicit objective of Phase II. Nothing in the foregoing, however, should restrict the staff from publicly presenting or discussing Phase I results to the extent that they approve and endorse them. Also critical to the scope of this project is that the consulting team feels that this is a unitary effort that cannot be neatly broken down into phases. Therefore, we would anticipate that none of our results be published In any form until the entire process has been completed. The Phase I! scope of work is presented in this proposal only in general outline form at this time. The precise scope of work for Phase II will be refined at the conclusion of Phase I to reflect the findings of the Phase I study. PHASE I: Concept Planning At this time, concept planning, which is the overall Phase I effort, will consist of eight sequential tasks: 1. Initial debriefing and data assembly 2. Overall constraints and priority constraint analysis 3. Preliminary/conceptual engineering 4. Constituency identification and establishment of priorities S. Explicitly "unfettered" conceptual analysis of property's potential 6. Parallel financial analysis 7. Synthesis, report preparation and presentation 8. Supporting market research documentation In the following discussion, the general components of each of these tasks are presented together with a discussion of which team members have primary responsibility. It should be noted that Tasks 4, 5 and 6 are all concurrent in order to provide a reasonable near-term delivery date to the client. 4 KOTIN. REGAN & VOUCrHA Inc. Proposai for Concept Piammng of Tres i ;ermanos Proper;y August 29, 1991 Task 1 - Initial Debriefing and Data Assembly in the initial debriefing, all major team participants would be debriefed by key personnel from the two cities. The debriefing would primarily deal with their perception of the property, an identification of existing information and existing information sources and their recommenda- tion as to other parties or processes that need to be considered. At this time, the initial debriefing and data assembly would not extend materially beyond the two cities and whatever consultants or consulting studies that they have already assembled. The consulting team would also assemble Independent external data, to the extent needed and readily available, e.g. aerial photos, better topographical maps, traffic count data, etc., as needed. In this phase of the work, the primary team member with overall responsibility would be James Goodell and DMJM, although representatives of all participants would participate. We tentatively anticipate that in order to meet the overall time deadline in this project this phase would require approximately two to three weeks. Task 2 - Preliminary Site Constraints Analysis This is primarily a topographical, traffic and institutional constraints analysis. It will be the primary responsibility of James Goodell, together with OMJM supported by Envicom. While no formal timeline has been set for this, the process will begin immediately after Task 1. During this task, the consultant will conduct a preliminary evaluation of the physical environmental characteristics of the site and available infrastructure and services which may influence the patterns, densities, and/or types of development which may be achieved on the Tres Hermanos property, These will be determined by field reconnaissance of the site, review of aerial photographs and extant literature (e.g., the 1970 Tres Hermanos Ranch Plan, Fi Rs, California Department of Fish and Game lists of rare and endangered species, and other), and interviews with service agency representatives. It is anticipated that the critical environmental factors to be evaluated will include: • Topography and slope • Geology and soils (historic landslides, liquefaction potential, faulting, etc.) • Significant plant and wildlife habitats • Flooding • Streets and highway; vehicular access to the site • Infrastructure (principal sewer and water trunk lines, storm drainage, and other elements serving the site) • Significant visual elements The major output of this phase of the analysis will be a series of general charts and working graphics as well as a descriptive narrative indicating the constraints site and dictated by the physical or legal considerations. A constraints map will be part of final presentation together 5 KOTI`. RECAN & MOUCHLY. Inc. Propcsa� for Concept Planning of Tres Hermanos Prep", Augubt 29, 199' with a suitable appendix and cross-reference material specifying the legal or physical basis for limitation and the kind of limitation of development. Task 3 - Preliminary/Conceptual Engineering The preliminary engineering tasks to be performed by DMJM will include the following areas: • Site constraints research and analysis - public facility providers and limitations; existing utility systems and service implications; city requirements and policies; review of soils issues. • Concept grading plan - preliminary grading plan and earthwork estimate for alternative concept plans. • Preliminary utility network - preliminary wastewater, water distribution, storm water plans including identification of potential for reclaimed water system and implications for development. Preliminary cost estimates - basic land development cost estimates for grading, roadways, basic utility network and offsite construction requirements. Task 4 - Constituency Identification and Establishment of Priorities In this task, Goodell and Envicom will interview and debrief, over a period of approximately six weeks, all the affected jurisdictions. For each of the constituencies or regulatory Jurisdictions, he will assemble basic information as to their requirements to provide meaningful reality checking and process analysis for the concepts being developed in parallel with Mr. Kamnitzer in Task 4. KRM will actively participate in the process to the extent that there exists financial or fiscal implications or prerequisites for various elements, e.g. infrastructure financing. The output from this effort will be a combination of narrative and chart presentations. A narrative and/or chart presentation of critical approval processes will be provided not only for the conventional entitlements but also for any specialized elements of environmental review and interactions with other critical agencies, e.g. Caltrans, Pomona Unified School District. Approximate required time, initial documentation and apparent and potential constraints on development will be identified with each relevant constituency and organization. Task 5 - Explicitly "Unfettered" Conceptual Analysis of Property's Potential Upon completion of the initial debriefing, Mr. Kamnitzer will bring to bear his experience and his ideas as to potential innovative land uses. While his general charter will include Incorporation of possible education facilities and the generation of both revenue and positive fiscal impact, he will be explicitly unfettered in his analysis of the property's potential. 0 KOTIN. RFCAN & VOLCHLY. int. Proposal fcr Concept P',annin$ of Tres Hormanos Property AugL$t 29, 1991 Working with Coodell, he will develop for review by other team members two or more alternative scenarios at a highly generalized concept level. We understand from discussions with the City of Diamond Bar staff that an important early decision must be made with respect to a new Pomona High School District school site. Peter Kamnitzer, working with Mr. Goodell, will ascertain the critical parameters governing the size, character and location of the school site and work with the District to modify and refine the possible school sites on the property. The output of this plan will be a series of very rough conceptual presentations showing alternative land use configurations, together with minimal narrative support describing specialized features of the proposed land uses, interactions and the role and character of land uses in the overall plan. Particular attention will be given in this phasing analysis to discussing how the planned response to anticipated future changes in either the general pattern of urban development or other specific considerations will impact this site on a local and regional basis. The presentation emanating from this analysis will be explicitly in draft form and preliminary in nature. Only upon its synthesis with the economic, regulatory and other elements in the analysis will these concept plans be refined. Task 6 - Parallel Financial Analysis For the joint use of the cities, KRM will develop a financial model of development of the property that will, at a minimum, incorporate the following elements: The fiscalimpact of development The required investment and potential returns to the landowner of different schemes of development at a generalized level The associated infrastructure financing required for development It is anticipated that this will be a generalized model dealing with general classes of land use rather than detailed project components. This model will be explicitly integrated with Task 8 to establish supportableproperty absorption rates, sales prices for both finished product and land, and appropriate other costs and revenue considerations. Task 7 - Synthesis, Workshop and Report Preparation Upon the completion of Tasks 1 through b, the team will assemble and, with active participation from staff of both cities, integrate their results into no more than three alternative scenarios. A public workshop will be conducted to present alternative concepts to the public prior to selection of preferred pian alternatives. The synthesis element in Task 7 will be a central and pivotal feature of the overall consulting effort. In this analysis, we will draw together the inputs from the market research, the financial 7 KOT?ti. REGAN &MOUCHLY. Inc. Prcposa; for Concent Planning of Tres Hermanos Property August 29, 1991 simulation, the constraints and priorities analysis with the initial visual concept pians. What should emerge from this is a concept plan at feast partially pretested for its political and financial feasibility with a fairly clear specification of the prerequisites of successful development. While final engineering and detailed entitlements will still be lacking in this analysis, there will be an integrated and balanced product. A preliminary version of this product will be made available to the client. Following a week or longer client review, the consulting team will require approximately three weeks to prepare a final report with final graphics. It is contemplated that the final report will Include, at a minimum, a sketch presentation of two or more alternative development scenarios accompanied by a narrative describing the premises, approach and character of the proposed plan, in addition to a set of quantitative approxima- tions of the plan's yield in units or FAR density, there will also be a discussion of projected sale or land lease revenue to the landowner and fiscal impacts to the City. The role of the land uses in terms of long-term market forces and their relationship to the changing character of the community of Diamond Bar and its strategic location will also be provided. In addition, there will be, for each of the adopted scenarios and, if needed, for each of the component land use elements, a narrative and/or chart description of the approval process and prerequisites for approval that have been identified in the priorities and process analysis. Limited narrative discussion will be provided indicating the relationship of the proposed plan or plan element to affected jurisdictions beyond the quantitative and financial elements already provided above. The report will conclude with a series of support appendices providing background data as to processes, baseline property information, etc, Limited cross referencing to the market research report will also be provided as needed. Task 8 - Supporting Market Research Documentation In parallel with Phase I, KRM, under the direction of James Regan, will undertake a systematic market research effort that will consider bath the overall and specific market support for development on the Tres Hermanos property. This effort, which will require approximately six to eight weeks, will provide an overview of market support for non-residential uses in the City of Diamond Bar with particular focus on those potentials that are suitable to Tres Hermanos. The need for treating the entire City is to assure that development of Tres Hermanos would be complementary to other develo{�ment in the City of Diamond Bar. The basic elements in the market -research will include the following: • An analysis of existing development levels for non-residential uses in the City of Diamond Bar. H. KOTIN. RECAN & %10LCHLY Inc. Proposal for Corcept Planning of ; res hiermanos Property August 29, 1991 • A parallel and more generalized analysis of non-residential, retail and office patterns in a surrounding area tentatively to be designated as a competitive market area. • Sum,ey of prevailing vacancy, pricing and property characteristics in key non- residential developments in the competitive market area as well as in the City of Diamond Bar. • A parallel analysis of demographic, household and income trends, in particular to establish levels of support for retail development but also to consider possible implications for hotel and office development on a population -to -business ratio basis. A special analysis of long-term, macro -economic growth trends as they relate to the regionally strategic central location of the property. • A synthesis of the survey and demographic data to establish overall demand for non-residential uses in the competitive market area of which Diamond Bar is a part. • Establishment, selectively by land use type, of the expected capture rates for the City of Diamond Bar generally and for Tres Hermanos specifically and conversion into a projected absorption schedule for selected forms of non-resi- dential development. In parallel, there will be some discussion and treatment of the anticipated housing growth. The primary level of this will be to establish general parameters for housing for the purpose of incorporating on a financial basis the inevitable housing element into any conceptual plan. At this time, KRM does not foresee the need for in-depth housing market research but rather merely a characterization of the typical types of housing associated with multi -family rental, multi -family ownership and single-family detached at two or three different price levels within the City. This largely descriptive survey will also be an element in the process. In the general overview of housing, particular attention will be given to innovative ways of incorporating affordable housing to meet the needs of both the cities of Industry and Diamond Bar. KRM will undertake this study which may use specific selective subcontractors for particular expertise on various components. if the client requires the identity and scope of these subcontractors, they will be reviewed before they are retained but overall responsibility for the integrated results will be that of KRM. E KOTN RFCA\1 & MOUCHLY: Inc. Proposal far Concept Planning of Tres Hermanos Property Augus: 29, 1991 Deliverables For Phase 1, the general concepts study, KRM has identified tive major deliverables that are listed below: 1. Narrative report 2. Preliminary range financials to owner 3. Preliminary range fiscal impacts to City 4. Order of magnitude land improvement costs (per engineer) 5. Concept drawings There will be a separate report for Task 8 to establish confidentiality and because it will be independently useful for a wide range of activities. KRM will write the report and present under separate cover at or prior to the final project presentation. PHASE 11: Formulation of Specific Plan and Environmental Impact Report During this phase, the consultant team will formalize the conceptual plan for the Tres Hermanos Ranch property as a Specific Plan and prepare its accompanying Environmental Impact Report (EiR). The Specific Plan will be prepared jointly for the cities of Diamond Bar and Industry in accordance with the substantive and procedural requirements of the State of California Planning and Zoning Law (Government Code) Section 65450 et. seg. The EIR will be prepared as an independent review of the draft Specific Plan for the City of Diamond Bar in accordance with the requirements of the California Environmental Quality Act. Work tasks to be conducted and products to be prepared will elaborate on those completed during the conceptual planning phase of this work program. Task 1 - Data Refinement and Documentation During this task, the consultant team will compile and analyze additional data regarding the existing conditions of the Tres Hermanos property, to facilitate refinement of the conceptual land use plan and as input for the EIR. This will include the further investigation and documentation of the "critical' environmental factors which were determined to influence the structure of land uses in the first phase and other elements required for compliance with CEQA. The specific scope and depth of analysis for each environmental resource to be considered will be dependent on the conclusions regarding the significance of each resource previously evaluated. For example, should the presence of a significant wildlife or vegetation habitat be determined to potentlaily exist during the first phase, the consultant would conduct field surveys to confirm this potential. 10 K01 -N, REGA.N & VOUCHLY. Inc. Proposai Far Concept Planning of Tres Hermanos Property August 29, 1991 Potential data to be compiled would include: Land use (onsite and peripheral) • Circulation (onsite and peripheral) Streets and highways (existing and master -planned) Transit B l keways Equestrian trails Other • infrastructure/utilities serving the site Water supply and distribution Wastewater collection and treatment Storm drainage Solid waste collection Energy (natural gas and electricity) Communications (telephone, television and other) • Public services serving the site Schools - Parks and recreation - Police - Fire - Govern ment/adrn i nistrative • Archaeological and cultural resources • Environmental resources Vegetation and wildlife habitat - Sign ificant/sensitive/rare and endangered species • Topography and slope • Geology and soils - Landslide potential/slope stability - Erosion - Seismic - Li uefaction potential - Other 11 KOTIN. REGAN & MOLCHLY: Inc. Proposai for Concept Planning of Tres Hermanos Property • Surface and sub -surface hydrology • Aesthetic resources and viewsheds • Toxics • Noise August 24, 1991 Pertinent information regarding these resources will be documented by text, maps, and, as appropriate, illustrative graphics for inclusion in the Specific Pian and EIR. Task 2 - Review and Refine Concept Plan The concept plan formulated in Phase I will be reviewed according to its impacts on and by the expanded environmental analyses conducted in the preceding work task. As necessary, the plan's distribution and pattern of land uses will be modified to account for the presence of significant constraints or impacts. Revisions will be evaluated according to the fiscal, financial, transportation, and infrastructure impacts to confirm the plan's continued feasibility. The revised plan and analyses will be reviewed with the cities of Diamond Bar and Industry. Task 3 - Prepare Specific Plan For the conceptual land use plan, as modified by the preceding tasks, detailed land use, engineering, environmental management, and implementation plans, standards, and other pertinent elements will be formulated for inclusion in the Specific Plan. Plan components will include the following: Land Use and Development • Land use plan Parcelization Type and density/intensity Open space and public amenity The land use plan will be depicted on a base map. • Urban design/streetscape plan Entry identification Signage Street trees and other public landscape Street lighting Other 12 KOTIN. REGAN & MOUCH&. Inc. Proposal for Concept Planning of Tres Hermanos Property August 29, it 991 As appropriate, illustrative graphics will be prepared to depict the overall organizational urban design structure and specific sub -areas and components. A framework of design principles and standards will be defined by which precise design specifications could be subsequently prepared. Public facilities plan (e.g., schools and parks) Development and design standards - Intensity (floor area ratio, units per acre) - Parking, signage and other code requirements - Site development - Architecture - Landscape and streetscape - Other Standards will be written and formatted for inclusion in the City's zoning code. Illustrations will be prepared to facilitate understanding of pertinent standards. Infrastructure and Utilities • Circulation plan Streets and highways Public transit (if any) g i keways Trails (equestrian and hiking) Locations of principal improvements will be depicted on the base map. Street classification standards (including right-of-way and improvement widths) will be specified. Generalized development costs will be estimated. • Infrastructure/utilities plan - Drainage (hydrology and hydraulics) - Water supply and distribution - Wastewater collection and treatmentrfdisposal/reciamation - Solid waster collection and disposal Locations of principal improvements will be depicted on the base map. Pertinent standards will be specified. Generalized development costs will be estimated. 13 KOTIN, REGAN & VOLCHLY. Inc. Proposal ror Concept Planning of Tres Hermanos Property August 29, 1991 • Grading plan A generalized grading plan will be prepared. Implementation plan Procedures (administrative, development application processing, City review, public input, etc.) Responsibilities Phasing and timing of development Financing program (for infrastructure) Preliminary concepts (described by text, maps, and illustrative graphics) will be prepared for each of the components and submitted to the cities of Diamond Bar and Industry for review. Based on comments received from the City, the elements will be revised and finalized. Task 4 - Prepare Environmental Impact Report An Environmental Impact Report (EIR) will be prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and City of Diamond Bar guidelines. An Initial Study will be prepared in collaboration with City staff. On completion of the draft EIR, a "screencheck" will be prepared for City review and comment. The final draft responding to the City's input will be prepared, published, and distributed. On completion of the public review period and input by the Planning Commission and City Council, responses to public comments will be prepared and incorporated into a final EIR, In concert with the EIR, a Mitigation Monitoring Program will be formulated. Task 5 - Conduct Public Workshops During the formulation of the Specific Pian, workshops will be conducted to enable the City's residents, business persons, and other interest parties to provide input to the planning process. These will be conducted as "hands-on" participatory processes, rather than the traditional "presentation -response" format. Large-scale base maps, wall graphics, three-dimensional materials, and other media will be used to facilitate the definition of the public's issues and visions regarding the use and development of the Tres Hermanos property. The consultant team will collaborate with City staff in designing a program of outreach and structuring the workshops to maxlmlze their usefulness in providing input to the planning program. For the purposes of this proposal, it is assumed that three workshops would be conducted addressing the following topics: Issues and visions for the Tres Hermanos property Review of and modification of the preliminary land use plan and urban design concepts Review of the final Specific Plan components 14 KOTIN, REGN's, & MOUCHLY Inc. Proposal for Concept Planning of Tres Hermanos Property Task 6 - Participate in Public Hearings August 29, 1991 The consultant team will participate in City Council and Planning Commission study sessions and hearings to adopt the Specific Plan and certify the EIR. Presentation graphics will be prepared at the direction of the City of Diamond Bar. For the purposes of the budget of this proposal, it is assumed that the consultant team will participate in six sessions/hearings. BUDGET Phase I This is a broad and complex assignment for which it is difficult to establish individual task budgets. As mentioned previously, the estimated budget for Phase ! excludes transportation consulting services provided outside of this contract by DKS Associates. The estimated budget for Phase I is as follows: KRM $ 40,000 Goodell 35,000 Kamnitzer 25,000 Envicom 17,000 DMJM 25,000 Subtotal - Work Scope $ 142,000 KRM - Project Administration 5.000 Total Consultant Budget $ 147,000 Subcontract - Topographic Survey 24,400 TOTAL $ 171,400 The subcontract represents a cost estimate prepared for the Pomona Unified School District by Robert Wada & Associates for a complete topographic survey of the property. This is a maximum budget that will not be exceeded without the expressed consent of the client. The budget includes all costs for professional staff time, expenses, report preparation and publication. These studies are being performed for both the City of Diamond Bar and the City of Industry. We understand that the City of Diamond Bar will be the contracting entity with KRM for Phase I administrative and billing purposes. The time required to complete Phase I Is estimated at four months. KRM will bill monthly for costs incurred by consulting team members. Given major up -front costs incurred during the start-up period, the consulting team requests a retainer of $20,000 which will be applied against final billings. 15 c�Tlti u.Fc��ti 1111(A. Cr1L) ,c' c', ­ r.:DCCCja ��d^11IU'@5 •"'�2�^'_t `^e 4 :g 7 Pha..Iv II -%,trough a genera ;cope of ,n t!s o,oposal for Phase I!, a sc,)ue to refect these -esults carr t �e )slah isr ea anti+ con,plet on :f phase '. A Se -oral bu loet rarpe for 0I,a7e :I has been est;-nated by Envicori iead cons„irant for 07a,,� i, at S175,u00 - 525,0,000. 7-e 'EC,, t,ea to con-plete both spec lc rla^ a-,'-; p reparatior I; at 12 cr.� "? marl~c ACCEPTANCE AND ALTHORILATION If this proposal ,r.eeLs with your approval p ease sign the enclosed copy and return it to tis fc- our records. I' a different. (orm o� eont!act s rsyri-ed please fez: f,ee .o rre;;are SL:.r' .. -o; tract for o jr sideration. 'nc�ljT,�g .- refererce the c::^te-ts �fi tnis r cp�,;sai Or bohaif o► the con,uNng tears members, KR10 is pleased to 5.:l-?rp;' 0 -is ;:roposa: arc: `,`rtv3"Ci t'`^ t,eii,• t:. Aorrong 0.1 a xcst vt,alienglr,g Diamond Bar and Industry, Respect?u,;'r submrred James P. Regan President _c Chris Rope, City Manager, City of Industry Carl Surnett, City of Industry Enclosures SCREED TO AND AUTHORIZED BY: (City) ;game) --~ (Title) _ (Date) '.` P!lES:rs:S+99`KP' ; RESI.;PR.ja 16 AGENDA ITEM NO. 5.1 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 5.2 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. G, 1 TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 26, 1991 FROM: Sid J. Mousavi, City Engineer/Public Works Director TITLE: Septic Sewer System in the Country SUMMARY: This is an update of the City's findings regarding the sewer problems in approximately 148 lots within the Country. RECOMMENDATION: It is recommended that the City Council 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 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 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: _ REVWED BY: L G ✓��� Ro ert L. Van 14ort Terrence L. Belanger Slid J. Mousavi City Manager Assistant City Manager Public Works Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: Septic Sewer System in The Country ISSUE STATEMENT To verify the existence and extent of the septic sewer disposal problems in The Country and the level of interest of the property owners in resolving it. RECOMMENDATION It is recommended that the City Council direct staff as necessary. FINANCIAL SUMMARY If the City engages in resolving the sewer disposal system issue in The Country, this action may impact the City's 1991-92 General Fund budget. No funding has been identified for this program for Fiscal Year 1991-92. BACKGROUND Currently, the 148 lots within The Country are not tied into the City's existing sewer system, as a result, this area relies on septic tanks. Further, the septic tank system to which sewer is disposed into and not operating consistently, was brought to the City Council's attention in April, 1991. In working towards the direction of solving the existing problem, on May 21, 1991, the City Council directed staff to report back on the feasibility study and information regarding the establishment of an assessment district within The Country. On July 2, 1991, staff reported back to the Council with information regarding cost options and assessment district establishment process and requirements, the copy of which is attached. At the Council meeting, staff was further requested to determine the extent of the septic tank system problem and level of interest of property owners in establishing and assessment district. DISCUSSION Staff anticipates that the inconsistency in operation has been attributed possibly to the localized shallow ground water conditions, shallow bedrock and inadequate septic system design. Further, staff has been informed that several of the septic tanks have overflowed, causing effluent to come to the ground surface, and thus, causing a potential health and environmental issue. However, this issue has neither been verified by staff nor a qualified consultant. Page Two Septic Sewer Disposal System August 27, 1991 The initial step in determining existence and extent of the septic sewer disposal problems in The Country begins with a study that would be designed to focus on quantifying the state and nature of the geotechnical and hydrogeologic issues concerning the seepage and related distress on the septic system in The Country. After the initial study is complete, the second phase of the study would concentrate on the existing geotechnical, geologic, geomorphology, and topographical reports of the area in question. Further, the study would include field reconnaissance and analysis of its data. Staff contacted two soils and geotechnical engineering consultant firms, Kleinfelder and Leighton & Associates, Inc., both located in the City of Diamond Bar, and requested proposals to provide these services. The cost to complete this study is approximately $7,000. This study can be incorporated into the total sewer system feasibility study which was reported to the Council on July 2, 1991. If the City concludes that conducting a soils and geotechnical study initially necessary in order to determine the extent of the sewer problem, the following options lie available to the City for payment of such study. These are: (1) Authorize staff to use monies from the City's General Fund to conduct the study. The City's General Fund account can be reimbursed only if and assessment district is established. (2) Direct staff to inform the affected property owners to pay for the study cost. (3) Authorize staff to use the General Fund monies only if the property owners sign a petition which indicates reimbursement to the City if an assessment district is not formed. Staff contacted the representative from The Country, Mr. Jack Nelson, and requested that they provide to the City a letter which indicates the nature of the problem and the number of property owners that are affected as well as their interest in resolving the sewer disposal system problems. Staff further requested that this letter be signed by as many property owners as possible. However, due to conflict in vacation schedule of active members of these property owners, the request has not been made available to date. Therefore, staff is unable, at this time, to determine the number of property owners' affected abd their interest in solving the issue at hand. W 114*9A 110 10M WAR Sid Jalal Mousavi CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. .2 TO: Robert L. Van Nort, City Manager MEETING DATE: September 3, 1991 REPORT DATE: August 26, 1991 FROM: Terrence L. Belanger, Assistant City Manager TITLE: Bow and Arrow Ordinance (Urgency) SUMMARY: This ordinance changes the consent to be on property provision to a written consent requirement and the "safety buffer" distance provision from 150 yards to 250 yards. RECOMMENDATION: It is recommended that the City Council adopt the proposed bow and arrow ordinance as an urgency ordinance, which requires a 4/5ths vote of the Council. LIST OF ATTACHMENTS: X Staff Report Resolution(s) X 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 Attorney? 2. Does the report require a majority or 4/5 vote? X Yes _ No 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? X Yes _ No Report discussed with the following affected departments: L. A. County Sheriff's Department 101 Robert L. Van City Manager i, Terrence L. Belanger Assistant City Manager MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. September 3, 1991 Honorable Mayor and Members of the City Council City Manager Bow and Arrow Shooting Ordinance ISSUE STATEMENT: The shooting of arrows or similar projectiles with any bow, device or instrumentality would be prohibited, except by persons who own, possess or have written permission of the owner or possessor of the property from which an arrow or similar projectile is shot and remains on or over, provided such arrow or instrumentality is not shot within 250 yards of any structure, public highway, trail, private roadway or easement used for travel purposes. The aforestated prohibition would not apply to licensed archery ranges or similar facility under the management or control of a duly licensed educational institution. RECOMMENDATION: It is recommended that the City Council adopt the proposed urgency ordinance which prohibits the shooting of arrows or such instrumentalities, within the City of Diamond Bar, except where the ordinance provides therefore. FINANCIAL SUMMARY: There is no immediately discernable or measurable fiscal impact raised by this ordinance. BACKGROUND: Concern has been expressed by community residents regarding the shooting of arrows on private property, where other recreational activities may be proximately occurring, e.g., horseback riding, hiking, jogging, etc. Since the shooting of arrows, with bows or such instrumentality, is generally being done in conjunction with hunting wild game or target shooting, the issue is whether such bow and arrow activities being done in open space areas, within an ever-expanding urbanized community are appropriate from a safety standpoint. The City currently prohibits the shooting of arrows or such instrumentality (L.A. County Code, Section 13.66.120), except when the arrow is shot from, remains on or over and lands on the property from which it (arrow) is shot. The person who shoots the arrow must have the consent of the owner or possessor of the property, if the shooter is not the owner or possessor. BOW AND ARROW ORDINANCE BACKGROUND (con't Section 13.66.120 further prohibits the shooting of an arrow at any place within 150 yards of any public highway, private street used by the general public, recreational area, park, riding or hiking trail, dwelling house, camp or place of human habitation. The proposed ordinance changes existing policy, regarding the shooting of arrows or similar instrumentalities, in two areas: 1) consent of the owner or possessor and 2) the distance from structures, public highways, trails, private roadway or easements. The existing ordinance requires the arrow shooter to have the consent from the owner or possessor of property. Because Section 13.66.120 does not specify, it can reasonably be inferred that consent could be either oral or written. The proposed ordinance would require the consent to be in writing and in the possession of the arrow shooter. Section 13.66.120 was originally adopted, in 1929. At the time of adoption, the 150 yard "safety buffer" could be construed as reasonable, given the then existing bow and arrow technology and the rural nature of Los Angeles County. However, the extraordinary advancement of bow and arrow technology has rendered the 150 yard "safety buffer" inadequate. Contemporary bow and arrow technology can typically result in an arrow being shot for distances of 200 to 250 yards. Further, the City is an urban community, which is a part of a greater urbanized regional area. Consequently, the proposed ordinance would increase the "safety buffer" from 150 yards to 250 yards. The adoption of the proposed bow and arrow ordinance would repeal Section 13.66.120 of the Los Angeles County Code, within the City of Diamond Bar. The proposed ordinance is an urgency measure. It's adoption would require four (4) affirmative votes. If adopted, the ordinance would be effective immediately. DISCUSSION: See BACKGROUND. PRE ED BY: If r - r (Terrence L. Bela 'r) -2e.9 o ': 7r JAMES L. MARKMAN � 44 ANDREW V. ARCZYNSKI RALPH D. HANSON JEFFREY KING D. CRAIG FOX MARTHA GEISLER PATTERSON WILLIAM P. CURLEY III MARSHA G. SLOUGH JULIA A. KEMP PAMELA P. KING August 13, 1991 NUMBER ONE CIVIC CENTER CIRCLE P. O. BOX 1059 BREA, CALIFORNIA 92622-1059 TELEPHONE 0714) 990-0901 (2131691-3811 9113 FOOTHILL BOULEVARD SUITE 200 RANCHO CUCAMONGrA, CALIFORNIA 91730 ' +714) 980-2742 TELEPHONE +` (7141 3 81-0 21 8 IN REPLY PLEASE REFER TO Brea MEMORANDUM TO: Mayor John Forbing, Mayor Pro Tem Jay C. Kim, Council Members Don Nardella, Phyllis A. Papen and Gary Werner FROM: Andrew V. Arczynski, City Attorney, City of Diamond Bar RE: "Bow Hunting" Ordinance This office has revised the original draft ordinance provided to the Council for its consideration regarding the above topic. We have included for use by the City Clerk in the Council packet a "redline" version of the ordinance as well as copies of the two specific sections of the Los Angeles County Code which the ordinance would modify. Please note that the distance requirement has been modified by this office from 150 yards to 250 yards. We have taken the liberty of discussing the issue with Donald L. Forkus, Chief of Police of the City of Brea who also happens tc be an avid bow hunting enthusiast. Chief Forkus, during our conversation regarding the topic, indicated that if it was the intent of the ordinance to provide a "buffer zone" or safety area with respect to houses, streets and other areas where the public may congregate, the 250 yard parameter would seem to be more appropriate. Chief Forkus indicated to this office that he regularly hunts with a 72 pound draw bow and can easily loosen an arrow in excess of 200 yards. Chief Forkus indicated that some hunters use much stronger bows and can easily exceed a distance of 200 to 250 yards. Accordingly, while there is no particular "magic" in the 250 yard number, we have provided it for Council consideration. 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: Aug t 14, 1991 TO: M y and City Council FROM: rt L. Van Nort, City Manager SUBJECT:ow Hunting Ordinance Attached is a copy of the "red lined" version of the above - referenced ordinance. Please review said ordinance and contact me if you have any questions or changes. This ordinance is scheduled for the September 3, 1991 meeting. 13.66.060 Shooting arrows or other missiles — Restrictions. A person who is within 150 yards of any public highway, public area or place of human habitation shall not shoot any arrow or similar missile toward any such highway, public area or place of human habitation. (Ord. 83-0171 § 1, 1983; Ord. 7381 § 1(part), 1958: Ord. 1769 Art. 3 § 306, 1929.) 13.66.120 Shooting arrows or other missiles — Prohibited where. Except as otherwise provided in this chapter, a person shall not, within any district or area described in this Part 2, shoot any arrow or similar missile, and a person, firm or corporation shall not cause or permit any arrow or similar missile to be shot, at any place within 150 yards of any public highway, private street used by the general public, recreational area, park, riding and hiking trail, dwelling house, camp or place of human habitation, except when the arrow is shot from and at all times remains on or over, and lands upon, private property, if all persons occupy or having the right to occupy such private property or portion thereof consent thereto. (Ord. 83-0171 § 2, 1983; Ord. 7381 § 1 (part), 1958: Ord. 1769 Art. I § 99, 1929.) AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 9, 1991 MEETING DATE: Sept. 3, 1991 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager From: Lee C. McCown, Captain, Sheriff's Walnut Station SUBJECT: Bow and Arrow Use Regulation ISSUE STATEMENT In response to the concern of Steve Kewish, 916 Clear Creek Canyon Drive, Diamond Bar, that deer hunting with bow and arrow could occur in the open space areas of Diamond Bar and that such hunting and or other use of bow and arrows could pose a hazard to children and other persons using the same open space area, the Sheriff's Walnut Station Staff has investigated the issue. RECOMMENDATION It is recommended that the City Council adopt amendments to the existing Los Angeles County Code prohibiting the use of bow and arrows on public property and prohibiting the use of bow and arrows on private property without the permission of the owner or all of the occupants of the property. Exceptions should include authorized ranges and educational institutions. BACKGROUND AND ANALYSIS Because of Mr. Kewish's concern and the Sheriff's Department's concern for Public Safety, a presentation and recommendation was made at the City Council meeting of July 16, 1991. At that meeting several members of the public spoke against the propose ordinance changes which would have prohibited the use of bows and arrows (continued on next page) REVIEWED BY: Robert L. Van Nort Andrew V. Arczynski Terrence Belanger City Manager City Attorney Assit. City Mgr. within the city of Diamond Bar except on property owned by the user. These objections indicated that existing law was sufficient to regulate hunting by bow and arrow. There was also some indication from the City Council of concerns about the unnecessary regulation of the use of private property. Those proponents of bow hunting also indicated that bow hunting had a good safety record. Current State Law that would would be applicable to regulating the use of private lands are Section 2016 of the Fish and Game Code and Section 602 of the Penal Code. Section 2016 F&G makes it unlawful to hunt on lands under cultivation, enclosed by fence, or posted prohibiting trespassing without written permission of the owner. Section 602 P.C. prohibits a person from entering any lands whether cultivated or not, enclosed or not, whether posted or not, without the permission of the owner, owner's agent or person in charge of the property and refuses to leave when requested by the same or a peace officer at the specific request of same. State Law makes it incumbent for the owner of property to overtly take steps to deny the use of his property instead of requiring others to gain permission for its use. Our recommendation would require the person who wants to use anothers land for the purpose of using a bow and arrow, whether for hunting or not, to first obtain permission from the owner or person in lawful possession before they could conduct such activity. A survey of some of the other local communities revealed the following regulations specifically restricting the use of bow and arrows within their jurisdictions: - San Dimas: Prohibits use on private property except with the consent of the owner and/or all occupants, and at ranges and educational institutions. - Glendora: Prohibits use of a bow and arrow more than 3 feet in length, or metal tipped arrows or any crossbow. - La Verne: Prohibits shooting arrows except at ranges or educational institutions. - Monrovia: Prohibits use of bow and arrow without permit of the city. - Pasadena: Prohibits use except in places designed for use and approved by the city. - Rancho Cucanonga: Prohibits use except at a range or other places approved by the city. ORDINANCE NO. 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. A. Recitals. (i) The City Council of the City of Diamond Bar heretofore adopted Chapter 13.66 of the Los Angeles County Code pertaining to firearms, bow and arrows. (ii) It is the desire of the City Council to amend said Chapter 13.66 to prohibit the shooting of arrows and similar projectiles, except as provided in this Ordinance, and to declare the urgency thereof in order to promote and preserve the public health, safety and welfare. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2. Section 13.66.060 of Chapter 13.66 of the Los Angeles County Code, as heretofore adopted, is hereby amended to read, in words and figures, as follows: "It shall be unlawful for any person to shoot any arrow or similar projectile, or cause or permit the 1 shooting of any arrow or similar projectile, by any device or instrumentality, within the City of Diamond Bar. The provisions of this Section shall not apply to arrows or similar projectiles which are shot from and remain on or over the property ewned-by of the person shooting such arrow or similar projectile, provided such arrow or similar projectile is not shot within 158 250 yards of any structure, public highway, trail, private roadway or easement used for travel purposes. For purposes of this Section, the term "the property of the Person" shall mean any person having a possessory interest in the property where said arrow or similar projectile is shot or any person having the written consent of the person having such possessory interest. Such written consent shall be in the possession of the person who has acquired said consent and shall be displayed, upon demand, to any peace officer. "The provisions of this Section further shall not apply to a licensed archery range or similar facility under the management or control of a duly licensed educational institution." Section 3. Section 13.66.120 of the Los Angeles County Code, as heretofore adopted, is hereby repealed. Section 4. 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 2 with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. Section 5. 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. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, 3 sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City Council of the City of Diamond Bar hereby declares this Ordinance to be an urgency measure requiring the immediate enactment thereof for the preservation of the public health, safety and welfare and, further, that this Ordinance shall become effective immediately upon its adoption. Section 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar within fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED this day of , 1991. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 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: 4 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: P.W)"IF N�1011\ARROWORI\DB 5 City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. '% / TO: Mayor and City Council MEETING DATE: September 3, 1991 REPORT DATE: August 27, 1991 FROM: Robert L. Van Nort, City Manager TITLE: COUNCIL POLICY FOR THE PROVISION OF THE SANE PROGRAM TO PRIVATE SCHOOLS SUMMARY: Whether the City should make SANE education available to students in private schools in the the City of Diamond Bar. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to have the Los Angeles County Sheriffs Department provide the SANE program to the Mount Calvary Luterhan School, pursuant to established criteria. 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) xOther Sheriff's letter/staff memo 1. Has the resolution, ordinance or agreement been reviewed _ Yes by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? _ Yes 4. Has the report been reviewed by a Commission? _ Yes Which Commission? 5. Are other departments affected by the report? _ Yes Report discussed with the following affected departments: REVIEWED BY: R ert L. Van Nort Terrence L. Belanger City Manager Assistant City Manager F:\WP51\AGENDA\COVER.FRM NLANo N/A N/ANO N/ANO (Department Head) NL No CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 3, 1991 TO: Honorable Mayor and Members of the City Council FROM: Robert L. Van Nort, City Manager SUBJECT: COUNCIL POLICY FOR THE PROVISION OF THE SANE PROGRAM TO PRIVATE SCHOOLS ISSUE STATEMENT: Whether the City should make SANE education available to students in private schools in the City of Diamond Bar. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to have the Los Angeles County Sheriff's Department provide the SANE program to the Mount Calvary Lutheran School, pursuant to established criteria. FINANCIAL SUMMARY: No fiscal impact to the City. BACKGROUND: Council expenditure increased from .80 units of service to 100 units of service from the 1991-92 Budget. In doing so, it brings the total to 149 hours per month on classroom lessons, parent/teach education, student interaction, and other SANE related activities within the City. Mount Calvary Lutheran has requested three classes at their private school. Initially, there were two areas of concern from staff as to including Mount Calvary in the SANE Program: 1. That they be included without additional cost to the City. The Sheriff's Department has indicated that the SANE Bureau deputy can add the three Mount Calvary Lutheran requested classes without increasing the City's contract commitment (expenditures). 2. What criteria should be followed in allowing a private school in the program? It is important that the following criteria be followed when making the SANE Program available to private schools, especially those with religious affiliations: F, SANE PROGRAM SEPTEMBER 3, 1991 2. SANE Program Criteria for Private Schools (con't) A. There cannot be any direct funding to the private schools. B. There cannot be any censorship or control of the content of the instructional subject matter, by officials and/or parents, of the school. C. There cannot be any perception of favoritism among religions when making selections of participating schools. D. There cannot be any staging of SANE related activities on the campuses of private schools, with religious affiliations, other than those activities and instructional courses provided by SANE Bureau personnel or other Sheriff's Department members. E. Participating private schools must be State of California accredited educational institutions. At this time, Mount Calvary Lutheran School is the only accredited private school in Diamond Bar that would be eligible for the provision of the SANE Program. The City of Los Angeles and the City of Claremont currently provide similar types of narcotics and substance abuse education programs to private schools, including some with religious affiliations. 3 :A) SHERMAN BLOCK, SHERIFF August 12, 1991 Tountp of 31 -Cavi An4dim Offirr of thr :�ihrriff Tall of Juoiirr .. C4tl. • Kos Anyles, (rnliferntn 90U12 Robert L. Van Nort, City Manager City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Mr. Van Nort: According to our records, the City of Diamond Bar increased its contract commitment for the SANE Program from .80 units of service to 100 units of service, or 100% of a SANE deputy. This percentage equates to 149 hours per month which is spent on classroom lessons, parent/teacher education, student interaction, and SANE related activities in your city. The SANE deputy currently has a workload of 64 classes per month in the Pomona Unified and Walnut Valley Unified School Districts in your city. The Mount Calvary Lutheran School has contacted the SANE Bureau requesting a SANE Program in their school. The SANE deputy could pick up the additional three classes at Mount Calvary Lutheran School, bringing the classroom load to 67 classes per month without increasing your city's contract commitment. If this increase of the private school meets with your approval, please contact the SANE Bureau so scheduling arrangements can be made. Sincerely, SHERMAN BLOCK, SHERIFF Judith A. Lewis, Captain SANE Bureau CITY OF DIAMOND BAR MEMORANDUM TO: Robert L. Van Nort, City Manager via FROM: Terrence L. Belanger, Assistant City Manager via Tseday Aberra, Administrative Analyst SUBJECT: SANE - Mount Calvary Lutheran Church School DATE: July 26, 1991 ----------------------------------------------------------------- ----------------------------------------------------------------- BACKGROUND: It was requested that a report be prepared addressing the viability of the Mount Calvary Lutheran Church School's SANE (Substance Abuse Narcotics Education) program being incorporated into the Los Angeles Sheriff Department SANE program; which the City funds. DISCUSSION: Mount Calvary Lutheran Church School, a private school in Diamond Bar, desires to implement the SANE program as part of the existing 4th, 5th and 6th grade curriculum. SANE is a program that is designed to educate school -aged children about the effects and consequences of drug abuse. Due to financial difficulties, however, Mount Calvary is unable to fund the program. As a result, Mount Calvary has asked the City of Diamond Bar to fund the program. Diamond Bar is currently funding the SANE program, which is taught in the public schools within the City. The SANE program involves the funding of, through its contract with the Los Angeles Sheriff Department, a Deputy from the County of Los Angeles Sheriff Department. Currently, the school's officials and teachers are attending conferences to learn how to administer and effectively implement the program into the school. The SANE lessons that will be taught by deputies will cost approximately $2,810.00 for ten months (see attached). Private schools, such as Saint Jerome School in Los Angeles and Our Lady of Assumption in Claremont, have asked and been granted financial assistance by their Cities. Page Two SANE July 26, 1991 When a private, parochial school requests the financial assistance from a public agency, the issue of separation of church and state and the potential entanglement of a City and a County Sheriff's Department with a private religious school's activities arises. In order to maintain separation, the City Attorney advises that the SANE curriculum, which is to be provided by the Sheriff's Department, must not to be tinkered with by school officials. The City Attorney further advises that any approved funding should be paid directly to the Sheriff's Department. The City Attorney further advises that the City must avoid involvement with: 1. Direct funding to private schools; 2. Censorship or control of the content of the instruction by the school, its officials or parents; 3. A perception of favoritism among religions when selecting participating school; and 4. Staging activities on campuses of religious school beyond the instructural courses. Because each of the above actions potentially moves governmental activity closer to a constitutional check, the City Attorney advises that the City follow the guidelines, in order to avoid potential complications. It must be noted that if the City approves the requested funding, it allows itself to be exposed to unlimited types and numbers of financial assistance requests in the future. Thus far, neither the City or the Sheriff's Department has received requests for assistance other than from Mount Calvary. Similar requests in the future should be analyzed by balancing the appropriateness for financial assistance, the type of program and the benefits accruing to the community of Diamond Bar. Each request should be considered on a case by case basis. ALTERNATIVE• Mount Calvary can implement the SANE program without involving the Sheriff's Department in the curriculum. The school can purchase and/or borrow the program from public schools, which already have implemented the program, or from the Sheriff's Department. However, Sergeant Baker, coordinator and an instructor in the SANE program has indicated that having Sheriff Deputies involved in the instruction, with teachers and parents, generally results in a significant improvement in program effectiveness. Page Three SANE July 26, 1991 It is recommended that the City of Diamond Bar grant funding to the Los Angeles County Sheriff's Department who will provide the SANE program to Mount Calvary Lutheran Church School. in" n ncurrence: T rrence L. Aelanger Assistant C Vy Manager August 20, 1991 Diamond Bar City Council 21660 Copley Drive Diamond Bar, CA 91765 Gentlemen: I am a long time resident of Diamond Bar.... 14 years. I am also a bow hunter and archer. I will be out of state when your September 3rd meeting takes place as will most of the other bow hunters from this city. I, for one, am opposed to any ordinances that will infringe on my rights to do as I please on my own property as long as it is done in a safe manner i. e. such as practicing with my archery equipment. If this ordinance of 150 yards from any road, dwelling or highway is passed it will virtually stop archery practice or hunting in this cite. Archery is a very safe sport. I want to know what's next? Do we close down Diamond Bar golf course because someone might get hit by a misguided golf? ball? In fact, many people have been seriously injured and killed by golf balls.... not so with archery! Let's get serious. Put this nonsense behind you and get on with bigger and better things such as how many Diamond Bar residents will be injured and/or killed by the influx of traffic due to the opening of Grand Avenue. How many dead deer, coyotes, rabbits, squirrels, dogs and cats will there be in the coming years because of the opening of Grand Avenue. I just hope you members of the City Council have a more important schedule of things to do with our tax dollars than just pick on a small minority of Diamond Bar residents who enjoy hunting the local hills or an evening of shooting their bows with their families in the privacy of their own yards. Thank you for your consideration of this matter. Very truly/yours, Ronald Holdstock 1925 Los Cerros Drive Diamond Bar, CA 91765