HomeMy WebLinkAbout10/20/1992CITY COUNCIL
AGENDA
MayTer;—r Jay C. (im
Mayor Pro Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman — Gary G. Miller
City Council Chambers
are located at:
South CoastAir Quality Management DistrictAuditonum
21865 East Copley oris
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MEETING DATE: October 20, 1992 Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
MEETING TIME: closed Session - 5: 00 p.m. Lynda Burgess
Regular Session - 6:00 p.m. City Clerk
The City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
1. 5:00 P.M. CLOSED SESSION:
Litigation - G.C. 54956.9
Personnel - G.C. 54957.6
Next Resolution No. 92-56
Next Ordinance No. 6(1992)
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR KIM
ROLL CALL: Councilmen Forbing, Miller, Werner,
Mayor Pro Tem Papen and Mayor Kim
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 or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
Council.
4. 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.
5. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 PARKS & RECREATION COMMISSION - October 22,
1992 - 6:30 p.m., AQMD Hearing Room, 21865
E., Copley Dr.
5.1.2 PLANNING COMMISSION - October 26, 1992 - 7:00
p.m.,7:00 p.m., Auditorium, 21865 E. Copley
Dr.
5.1.3 CITY COUNCIL MEETING - November 3, 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES -
5.2.1 MEETING OF SEPTEMBER 1, 1992
5.2.2 MEETING OF SEPTEMBER 15, 1992
5.3 WARRANT REGISTER - Approve Warrant Register dated October
20, 1992 in the amount of $281,178.42.
OCTOBER 20, 1992 PAGE 2
5.4 TREASURER'S REPORT - Receive & File Treasurer's
Report for the Month of August, 1992.
5.5 BOND EXONERATIONS:
5.5.1 Private Drain No. 2145, Tract 42564 -
Recommended Action: It is recommended that
exoneration of the bond posted by Bramalea
California, Inc. for Storm Drain No. 2145 on
Tract 42564 (Leyland Drive) in the amount of
$120,000 be approved and that the City Clerk
be directed to notify the principals involved.
5.5.2 Private Drain No. 1862, Tract 31850 -
Recommended Action: It is recommended that
exoneration of the bond posted by Bramalea
California, Inc. for Storm Drain No. 1862 on
Tract 31850 in the amount of $230,000 be
approved and the City Clerk directed to notify
principals involved.
5.6. REDUCTION OF GRADING SECURITY BOND NO. 04000588679 -
for 23107 E. Ridgeline Rd. - The City has received a
request from Mr. Hamendra Rana, owner of a single family
residence at 23107 E. Ridgeline Rd., to reduce the
$19,920 grading security bond.
Recommended Action: Approve the reduction of the $19,920
Grading Security Bond No. 040000588679 to $4,000.
5.7 APPROVAL OF TRACT MAP 31977 LOCATED GENERALLY ALONG
HIGHCREST DR. AND GOLDRUSH DR. - This project involves
the construction of a 22 lot residential development.
The lots ranging in size from 20,000 sq. ft. to 109,734
sq. ft. has been submitted to the City for a final tract
map approval.
Recommended Action: Approve the attached Tract Map No.
31977, authorize the Mayor to execute the Subdivision
Agreement, authorize the Interim City Engineer to sign
the map and direct the City Clerk to process the map for
recordation.
5.8 RESOLUTION NO. 92 -XX: A RESOLUTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY
LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT
NUMBER 96-62 - In order to provide funds for operation
and maintenance of street lights which are bounded by
Diamond Bar Blvd., Fountain Springs Rd., Cold Springs Ln.
and Brea Canyon Channel, it is necessary to incorporate
said street lights into the County LMD 10006 and County
Lighting District LLA -1.
OCTOBER 20, 1992 PAGE 3
Recommended Action: Adopt Resolution No. 92 -XX granting
consent and jurisdiction to the County of L.A. to annex
street lights within said territory, as shown on the
attached map, direct the City Clerk to provide two
executed copies of the Resolution to L.A. County
Department of Public Works.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAIMING OCTOBER 26 THROUGH 30, 1992 AS RED RIBBON
WEEK - To be presented to Cathy Goodson and Shelley
Faeder Evergreen Community Club Co -Chairpersons and Al
Stone, Principal of Evergreen Elementary School.
7. OLD BUSINESS:
7.1 VESTING TENTATIVE TRACT MAP NO. 47850 - Diamond Bar
Associates has requested approval of vesting Tentative
Tract Map No. 47850 in order to construct a residential
subdivision of 73 acres located on Steeplechase Ln. and
within Significant Ecological Area No. 15. In April of
1992 the applicant agreed to provide additional soils and
geotechnical information and the Council directed that
the project be brought back for review within the time
period of September 1 through October 311 1992. The
applicant has provided the information, however, after
review by the City's geotechical consultant, additional
clarification from the applicant has been requested. The
applicant has requested an extension of time and
consideration of this matter until November 17, 1992.
Recommended Action: Continue discussion of this project
and direct staff to advertise and notice a public hearing
for November 17, 1992.
8. NEW BUSINESS:
8.1 POLICY FOR FUNDING TRAFFIC SIGNALS AT PRIVATE AND PUBLIC
STREET INTERSECTIONS - Through the Traffic and
Transportation Commission the City has identified private
and public street intersections within the City that may
be candidates for traffic signals. Responsibility for
funding costs associated with related installations is a
matter which needs resolution. The Commission has
prepared and proposed the criteria to be utilized in
determining responsibility for costs for installation of
traffic signals. This matter was discussed by the
Commission on August 13 and October 10, 1992.
Recommended Action: The Traffic and Transportation
Commission recommends that a policy be established in
order to determine the parties responsibility for funding
traffic signal installation at public/private street
intersections.
OCTOBER 20, 1992 PAGE 4
8.2 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN
BRAMALEA CALIFORNIA, INC. AND THE CITY OF DIAMOND BAR -
Bramalea California, Inc. and the City have concluded
negotiations of a non-binding agreement which is set
forth in a Memorandum of Understanding (MOU). The MOU
sets forth rights and duties related to the development
of approximately 1107135 single-family detached homes to
be located on approximately 70 acres within the City of
Diamond Bar. The proposed development is located to the
east of Diamond Bar Blvd., east of the Tin Dr.
intersection. The non-binding agreement sets forth the
general terms of understanding between the City and
Bramalea which provides the basis for negotiations of a
definitive agreement according to concepts presented
therein.
Recommended Action: Approve the Memorandum of
Understanding as presented.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 ZONING CODE AMENDMENT NO. 92-2: CONSIDERATION OF A
HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH
PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT -
Implementation of the General Plan and the pending
expiration of the Interim Hillside Management Ordinance
(Ordinance No. 14-B(1990) create the necessity to
establish permanent standards for hillside development.
The intent of Zoning Code Amendment 92-2 is to revise the
existing standards for hillside development. The draft
ordinance is presently before the Planning Commission and
is undergoing public review. The Commission has
continued their discussion of the ordinance to October
26, 1992.
Recommended Action: Continue the public hearing on ZCA
92-2 to November 2, 1992.
9.2 ORDINANCE NO. X (1992): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.28 OF THE
LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAIN-
ING TO PERMITTED AND CONDITIONALLY PERMITTED LAND USES
WITHIN THE C -M, COMMERCIAL MANUFACTURING ZONE - In
October, 1990, the Council adopted Interim Ordinance No.
15(1990) which restricts a variety of land uses within
the CM -Zone. The purpose of the interim ordinance was to
provide time for the General Plan to be crafted and avoid
the possibility of permitting land uses which may not be
compatible with the General Plan under development at
that time. Adoption of the General Plan and the pending
expiration of the Interim Commercial Manufacturing
Ordinance, establishes the need to revise the existing
permitted and conditionally permitted land uses within
the five acres of our City zoned C -M. The Planning
OCTOBER 20, 1992 PAGE 5
commission concluded its review of the revisions to the
C -M Zone on October 12, 1992.
Recommended Action: Approve for first reading by title
only Ordinance No. X (1992) amending Chapter 22.28 of the
Los Angeles County Code, as heretofore adopted,
pertaining to permitted and conditionally permitted land
uses within the C -M, Commercial Manufacturing Zone.
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 1, 1992
1. CLOSED SESSION: 5:00 p.m.
Litigation -Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Kim called the meeting to order at
6:00 p.m. in the AQMD Auditorium, 21865 East Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by M/Kim.
ROLL CALL: Mayor Kim, Mayor Pro Tem Papen,
Councilmen Forbing, Werner and Miller.
Also present were Terrence L. Belanger, Acting City Manager;
Andrew V. Arczynski, City Attorney; James DeStefano, Community
Development Director; David Liu, Associate Engineer; Bob
Rose, Community Services Director; Dennis Tarango, Building
Official and Tommye Nice, Deputy City Clerk.
3. PUBLIC COMMENTS: Frank Dursa, 2533 Harmony Hill Dr.,
objected to an insinuation that the proponents of the
Referendum are liars. In reference to the article written in
the L.A. Times, he stated that he believes that there is a
conflict of interest between MPT/Papen and Western Waste. If
Western Waste is awarded the contract, citizens will pay more
money for their trash pickup.
Kim Peace, 2565 Castle Rock Rd., requested that her name be
removed from the Referendum and as petition circulator. She
noted that some of the petitions she circulated were signed by
another circulator. She stated that she is now upset because
South Pointe Middle School cannot begin construction because
of the petition. She apologized to the City Council, the
citizens and the Walnut Unified School District for her
participation in the referendum.
Clair Harmony, 24139 Afamado Ln., stated that he does not
approve of the City Council's system of delaying answers to
public inquiries until the end of all Public Comments. He
requested that the City Council authorize the City Attorney to
release a full and complete legal opinion for review. He then
inquired into how much money had been spent and will be spent
to cure the source of water running down Golden Springs.
Lydia Plunk, 1522 Deer Foot Dr., asked if the City Council
could meet at another facility more conducive to intimate
gatherings, so that there is not an atmosphere of "The City
Council vs. the People".
Max Maxwell, 3211 Bent Twig Ln., stated that the group
collecting signatures were as forthright as possible, offering
various pieces of information. Regarding Mrs. Peace's claim
TO:
FROM:
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ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE: b (2-0 / a 2_'
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
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:CITY CLERK
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ADDRESS: /�1��/ ��i��L��� ��' PHONE: f
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: .C: �� DATE:
ADDRESS: %. J % PHONE: I -73
ORGANIZATION: b(i V
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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Signature
SEPTEMBER 1, 1992 PAGE 2
that he had signed petitions as circulator petitions she
herself had circulated, he stated that that was a personal
matter between himself and Mrs. Peace. He then inquired why
the City Council adjourned for a Closed Session at the last
meeting without advance notification to the public.
Sharon Wilkens, resident of Chino Hills, complimented D.B.'s
Key Club members and thanked them for all their hours
assisting the new Library in Chino Hills in preparing for
their opening.
Tom Van Winkle, resident, indicated that Diamond Bar includes
Tonner Canyon. The statement on the green card, issued for
the Referendum, was not at all misleading. He noted the
development projects being proposed that will affect Tonner
Canyon. He also noted that the General Plan indicates that
the City can do anything it wants to raise taxes to obtain
money.
C/Miller, in response to Mr. Dursa's comments, stated that he
believed that the citizens were misinformed.
Regarding the waste article in the L.A. Times, CA/Arczynski
stated that conflict of interest concerns were presented to
the Fair Political Practices Commission in writing, with a
number of follow up questions based upon specific requests for
information from the legal staff of the Commission. They
issued their opinion. As far as campaign contribution issues,
it would appear that someone, desiring the contract to service
this City for trash, is trying to grind an axe.
MPT/Papen noted that it is unfair for that article to make
such statements when no such letter was ever sent to the FPPC
or to the City Attorney. She stated that if she is to be
disqualified for political contributions, as was suggested,
then all Councilmembers could be disqualified, if the rule is
applied equally and fairly to all. She stated that she will
abide by the FPPC decision.
C/Werner stated that, for the record, if he had been in
MPT/Papen's position, he would have abstained from voting, as
he has done so from other projects in the past, because of
what might appear to be conflicts.
MPT/Papen stated that she feels it is inappropriate for
C/Werner to have appointed his business partner to a
Commission of the City, to bid on projects with other Council
and staff people, and to do business with consultants. It is
improper for Council people to look after the interest of
their clients as it affects the City. She then stated that it
is very up front that C/Werner has been trying to sabotage the
waste issue. She went on to explain that the State has
mandated that the City reduce trash by 25% by the year 1995
and 50% by the year 2000. The first element of the SRRE is to
franchise. The franchisee bears the cost of the 54 programs
SEPTEMBER 1, 1992
PAGE 3
needed to be implemented and also agrees to indemnify the City
regarding the $10,000 fine per day if AB939 goals are not met
by the year 1995. The City is a year behind in its plans.
C/Werner stated that his intent was to clarify for the record
that he and MPT/Papen were not on equal standing in terms of
campaign contributions, as she had indicated. In regard to
the comment that he sabotaged the garbage issue, he pointed
out that MPT/Papen asked, by motion, that he be on the
subcommittee for trash.
CA/Arczynski, per the request of C/Werner, explained that once
petitions are filed with the City Clerk, no names may be
removed from any of the petitions, whether a signer or a
circulator.
C/Miller requested that Ms. Peace's statement --that petitions
she circulated were signed by others as circulator --be forward
to the District Attorney's Office.
At the request of C/Werner, CA/Arczynski explained that the
school district does not necessarily require approval from the
City for planning and zoning activities with regard to a new
school. However, they usually work with the City on grading
requirements to avoid liability issues.
MPT/Papen stated that because the City cannot do an EIR to
move the dirt off-site from South Point Middle School, the
construction of the new school is on hold until the moratorium
is settled.
CA/Arczynski, in regard to Mr. Harmony's request to release a
complete legal opinion, explained that he is honor bound not
to release any documents provided to the City Council under
attorney/client privilege unless the City Council authorizes
its release, which requires three votes of the City Council.
MPT/Papen stated that because she was not present at the last
meeting, she was not aware what legal review is being sought.
C/Forbing stated that information marked confidential from the
City Attorney to the Council, for the basis of discussion in
a Closed Session, should not be made available.
C/Miller concurred with C/Forbing and stated that there should
be no problem with releasing the information regarding the
statute that the opinion was based upon.
There was consensus among the Council to direct the City
Attorney to release the information that was the basis for the
Council's decision.
M/Kim asked the Council's opinion regarding the present method
of conducting the Public Comment portion of the agenda. It
was the consensus to return to the previous method as long as
SEPTEMBER 1, 1992 PAGE 4
temperaments are controlled.
ACM/Belanger, in regard to the Golden Springs Dr. water
leakage problem, stated that he will send a written response
to Mr. Harmony after he has had an opportunity to talk with
the City Engineer and engineering staff.
ACM/Belanger, in response to Mrs. Plunk, stated that, in his
experience, it is the people in the room that create the
perception in the setting, rather than the setting itself.
However, staff will do an inventory of facilities that are
generally open to the public.
MPT/Papen noted that usage of the AQMD facility is free and is
wired for cable television broadcast.
CA/Arczynski, in regard to Mr. Maxwell's inquiry, explained
that a Closed Session need not be on the agenda and need only
be announced, as was done.
C/Werner, in reference to a comment made by Mr. Maxwell
indicating that he was present at one of the tables collecting
signatures for the referendum, stated that, for the record,
his presence should not be misconstrued to indicate his
support, or objection, to the efforts made by this group.
However, after the fact of the petition, he stated that he is
not in support of their Referendum effort.
ACM/Belanger stated that he will respond to each of Mr. Van
Winkle's comments in writing and make that response available
to the City Council and to the press.
4. COUNCIL COMMENTS: C/Werner, concerned that he has been
accused of sabotaging the garbage decision, requested that the
matter be brought back to the agenda at the next meeting for
a decision.
C/Miller, speaking as a subcommittee member, stated that he
has not had an opportunity to review all the proposed contract
drafts. The matter should not be brought to the Council until
the issue has been prepared properly.
MPT/Papen stated that she was referring to a leak of Closed
Session contract negotiations prior to finalization. She then
announced that Jones Intercable is showing CALSPAN on Channel
52, Monday -Friday, 9:00 a.m. to 4:00 p.m.
M/Kim denied C/Werner's request to bring the waste matter back
to the Council at the next meeting since the subcommittee is
not yet ready.
5. CONSENT CALENDAR: Motion made by C/Miller, seconded by
MPT/Papen to approve the Consent Calendar, presented. With
the following Roll Call Vote, motion carried unanimously:
SEPTEMBER 1, 1992
PAGE 5
AYES: COUNCILMEN: Miller, Werner, Forbing, MPT/Papen,
M/Kim
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Traffic & Transportation Commission -
September 10, 1992 - 6:30 p.m., AQMD Hearing
Room, 21865 E. Copley Dr.
5.1.2 Planning Commission - September 14, 1992 -
7:00 p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.1.3 City Council Meeting - September 15, 1992 -
6:00 p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.1.4 Parks & Recreation Commission - September 24,
1992 - 7:00 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.2 APPROVAL OF MINUTES - Regular Meeting of August 4, 1992
- Approved as presented.
5.3 WARRANT REGISTER - Approved Warrant Register dated
September 1, 1992 in the amount of $628,084.65.
5.4 PLANNING COMMISSION MINUTES -
5.4.1 MEETING OF JULY 13, 1992 - Received and filed.
5.4.2 MEETING OF JULY 27, 1992 — Received and filed.
5.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular
Meeting of July 9, 1992 - Received and filed.
5.6 BOND EXONERATION FOR ROAD IMPROVEMENT AND STREET TREES ON
TRACT 45268, WILLIAM LYON HOUSING TRACT - Adopted the
following Minute Order entitled: TRACT 45257, BOND
EXONERATION, ROAD IMPS - Approved bond exoneration for
improvements on Tract No. 45268 in the amount of $997,000
and directed the City Clerk to notify L.A. County, the
principal and surety of Council's action.
5.7 APPROVED GRADING BOND RELEASES -
5.7.1 GRADING SECURITY BOND NO. 5074793, LOT 68 OF
TRACT 23483 IN THE AMOUNT OF $3,000 - Adopted
the following Minute Order entitled: TRACT
23483, LOT 68, GRADING SECURITY BOND RELEASE -
Approved release of security bond no. 5074793,
2276 Indian Creek Rd., posted in the amount of
$3,000 and directed City Clerk to notify L.A.
County, the principal and surety of Council's
actions.
5.7.2 GRADING SECURITY DEPOSIT FOR 2177 ROCKY VIEW
ROAD, LOT 128, TRACT 30091 - Adopted the
following Minute Order entitled: TRACT 30091,
LOT 128, GRADING SECURITY BOND RELEASE -
Approved release of $7,522 cash deposit from
SEPTEMBER 1, 1992
6.
7.
PAGE 6
Ray A. Russell for 2177 Rocky View Rd.
5.8 ADOPTED THE FOLLOWING RESOLUTION, NO: 92-50, ENTITLED: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF
THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE
EASEMENT DEED LOCATED ON SHOTGUN LANE AT GRAND AVENUE AND
DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEED.
5.9 ADOPTED THE FOLLOWING RESOLUTION, NO: 92-51, ENTITLED: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE INSTALLATION OF A "ONE WAY" SIGN ON DIAMOND
BAR BLVD. AND RED CURBING OF FOUNTAIN SPRINGS ROAD
APPROXIMATELY 50 FEET - As recommended by the Traffic &
Transportation Commission.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAMATIONS:
6.1.1 PROCLAIMED OCTOBER 1, 1992 AS "BOOK IT" DAY -
Presented by MPT/Papen.
6.1.2 URGING GOVERNOR WILSON TO SIGN AB 1718 -
C/Werner presented the Proclamation urging
Governor Wilson to sign Senate Bill 1718 to
allow the City of Industry to make property
available to the Pomona Valley Unified School
District for construction of a high school'in
the City of D.B. Council encourages all
citizens to communicate their support to the
Governor's office.
6.2 CERTIFICATES OF APPRECIATION:
6.2.1 CERTIFICATE OF APPRECIATION - SENATOR FRANK
HILL - C/Miller read the Certificate of
Appreciation to be presented to Senator Frank
Hill for proposing legislation to provide the
land necessary for construction of a high
school in D.B.
6.2.2 CERTIFICATE OF APPRECIATION - ASSEMBLYMAN PAUL
HORCHER - M/Kim explained that the Certificate
of Appreciation to be presented to Assemblyman
Paul Horcher was identical to that for
presentation to Senator Frank Hill.
OLD BUSINESS:
7.1 TONNER CANYON, STATUS REPORT RE PURCHASE OF
ACM/Belanger reported that staff had contacted the
Offices of Senator Frank Hill and Assemblyman Paul
Horcher to request their support in evaluating available
revenue sources at the State level and to guide the City
through the State process to acquire funds to apply to
the purchase of Tonner Canyon. Further, staff contacted
a representative of the Boys Scouts; however, they did
SEPTEMBER 1, 1992
PAGE 7
not respond to questions regarding the sale of their land
in the Canyon.
C/Miller requested staff to bring to the next meeting the
necessary documents to form a committee to study
acquisition of Tonner Canyon and invite Max Maxwell, Don
Schad, William Gross, Tom Van Winkle, Clair Harmony,
James Roberts and Frank Dursa to join the committee due
to their public concern to save Tonner Canyon.
7.2 RESOLUTION NO. 92-52: NAME CHANGE OF COLIMA
ACM/Belanger reported that the City received one reply to
its notice to all property owners and businesses located
on Colima Road regarding the proposed name change to
Golden Springs Drive. The respondent, Bandi and Bandi,
Attorneys at Law, indicated that they wished for the
street name to remain the same for the following reasons:
1) they previously had to adjust for the name of the City
in their address from Walnut to Diamond Bar with a Walnut
Zip Code; 2) they still have problems with the postal
service; 3) the telephone company will be changing the
Area Code in November; 4) noticing all clients of such
changes is expensive and 5) many clients will think the
firm has moved and, therefore, will seek legal advice
elsewhere.
C/Werner recommended that if the Council agrees to change
the name, that the change coordinate with the change in
telephone Area Code.
C/Forbing noted that extending the road will not make
that much of a difference. Since the City must give a
six-month notice of the proposed change, it cannot be
made to coincide with the Area Code change.
MPT/Papen stated that the Traffic & Transportation
Commission had recommended deferring action on this
change because they had mistakenly thought that Fairway
Drive was in the City's Sphere of Influence.
M/Kim suggested that the matter be deferred to a later
date because there is no urgency and no public support.
Tom van Winkle, resident, stated that the residents in
the area have trouble receiving mail from couriers. He
suggested that the City first work on getting that
portion of D.B. changed to the D.B. Zip Code and then
work on the name change.
C/Miller stated that the City has been working for
several years to change the Zip Code in that area. He
suggested that staff follow through with the Walnut Post
Office to see if there is confusion.
C/Forbing moved, seconded by C/Werner to adopt Resolution
SEPTEMBER 1, 1992 PAGE 8
No. 92-52 entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR FINDING THAT THE NAME OF COLIMA
ROAD, BETWEEN BREA CANYON ROAD AND WESTERLY CITY LIMIT,
SPECIFICALLY SET FORTH HEREINAFTER SHOULD BE CHANGED TO
GOLDEN SPRINGS DRIVE. With the following Roll Call vote,
motion carried:
AYES: COUNCILMEN - Miller, Werner, Forbing,
NOES: COUNCILMEN - M/Kimapen, M/Kim
ABSENT: COUNCILMEN - None
7.3 CROSSING GUARD SERVICES FOR SCHOOL YEAR 1992-93
Approved the following Contract, entitled:
SECURICORP/MASTERGUARD INT'L - CROSSING GUARD SVCS -
AE/Liu reported that staff advertised and received bids
from three qualified firms for provision of Crossing
Guard services for the 1992-93 school year. He
recommended awarding a contract to Securicorp/Masterguard
International, Inc., the lowest responsible bidder, in
the amount of $55,000.
Following discussion, it was moved by C/Forbing, seconded
by C/Miller to award a contract to Securicorp/Masterguard
International, Inc. in an amount not to exceed $55,000
for Crossing Guard Services for the 1992-93 school year.
With the following Roll Call vote, motion carried
unanimously:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.4 CITY MANAGER APPOINTMENT - C/Miller reported that the
Personnel Committee requested Council concurrence to
negotiate an employment agreement with Terrence L.
Belanger for appointment of Mr. Belanger as the City
Manager. Council unanimously concurred.
RECESS: M/Kim recessed the meeting at 7:55 p.m.
RECONVENE: M/Kim reconvened the meeting at 8:05 p.m.
8. NEW BUSINESS:
8.1 ADOPT -A -PARK PROGRAM - Adopted the following Minute Order
entitled: ADOPT -A -PARK PROGRAM - CSD/Rose stated that
the Parks & Recreation Commission were recommending
adoption of an Adopt -A -Park Program.
Following discussion, MPT/Papen moved, seconded by
C/Forbing to approve the Adopt -A -Park Program. Motion
carried unanimously.
SEPTEMBER 1, 1992
9.
PUBLIC HEARINGS:
PAGE 9
9.1 ZONING CODE AMENDMENT 92-2 - HILLSIDE MANAGEMENT -
ORDINANCE (HMO), ORD. NO. 14-1990) AND ZONING CODE
AMENDMENT 92-3 (COMMERCIAL -MANUFACTURING (CM) ZONE, ORD
NO. 15-1990) - ACM/Belanger reported that Zoning Code
Amendment 92-1 (Hillside Management) and Zoning Code
Amendment 92-3 (Commercial -Manufacturing) were to be
presented to the Planning Commission for public hearing
and review. As a result of the Referendum and suspension
of the General Plan, the Planning Commission was unable
to take action on these Ordinances. He recommended
continuing the Public Hearing to October 6, 1992.
Council concurred.
9.2 ORDINANCE NO. 3 (1992) - UNIFORM CODES - BO/Tarango
reported that, on August 4, 1992, the Council set for
Hearing adoption of the 1991 Uniform Building Code, 1991
Plumbing Code, Electrical Code, and Housing Code. He
recommended that Council adopt the Resolution of Findings
in Ordinance No. 3 (1992).
CA/Arczynski, in response to Mayor Kim's inquiry,
explained that the 180 days, given by State legislation,
requires staff to implement the Uniform Building Code by
the August 14, 1992 timeline. However, the Buildings
Standards Commission was not timely getting out the
publication of the documents. Staff needed to thoroughly
analyze the codes, Title 24, and point out areas of
modifications necessary to adapt them to the City's needs
and requirements. The timeline isn't going to be
critical to someone trying to process a project because
he will be permitted to continue under the ordinances in
effect when the plans were submitted.
BO/Tarango, per the request of M/Kim, highlighted the
following changes pertaining to these new codes: the
Uniform Building Code (1991) establishes minimum
requirements for housing standards and gives the City
authority to address maintenance of residences, require
minimum lighting and ventilation, sanitation facilities,
update some illegal wiring and weather protection; the
Plumbing Code requires all new structures to be equipped
with additional water mains for future use of reclaimed
water and landscape irrigation systems, the Ordinance
provides for the reduction of a timeline for demolition
permits and establishes the minimum design criteria for
foundation work and expansive soils.
M/Kim declared the Public Hearing open.
With no testimony being offered, M/Kim closed the Public
Hearing.
C/Miller moved, seconded by C/Werner to waive full
SEPTEMBER 1, 1992
PAGE 10
reading and adopt Ordinance No. 3 (1992), entitled: AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
REPEALING TITLE 26 (BUILDING CODE), TITLE 27 (ELECTRICAL
CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL
CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, ADDING A NEW TITLE 15 TO THE DIAMOND BAR CITY
CODE AND ADOPTING, BY REFERENCE, THE "UNIFORM
ADMINISTRATIVE CODE", 1991 EDITION, THE "UNIFORM BUILDING
CODE", 1991 EDITION, INCLUDING ALL APPENDICES THERETO AND
THE "UNIFORM BUILDING CODE STANDARDS", 1991 EDITION, THE
"UNIFORM MECHANICAL CODE", 1991 EDITION THE "UNIFORM
PLUMBING CODE", 1991 EDITION, THE "NATIONAL ELECTRICAL
CODE", 1990 EDITION, THE "UNIFORM HOUSING CODE", 1991
EDITION, THE "UNIFORM SWIMMING POOL, SPACE AND HOT TUB
CODE % 1991 EDITION TOGETHER WITH CERTAIN AMENDMENTS,
DELETIONS AND EXCEPTIONS, INCLUDING FEES AND PENALTIES.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEN: Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
9.2.1 RESOLUTION NO. 92-53: UNIFORM CODES
C/Miller moved, seconded by C/Werner to adopt
Resolution No. 92-53, entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
MAKING EXPRESS FINDINGS AND DETERMINATIONS
THAT MODIFICATIONS TO THE UNIFORM BUILDING
CODE, UNIFORM PLUMBING CODE AND NATIONAL
ELECTRICAL CODE, AS ADOPTED BY ORDINANCE NO. 3
(1992), ARE REASONABLY NECESSARY BECAUSE OF
LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL
CONDITIONS. Motion carried unanimously by the
following Roll Call vote:
AYES: COUNCILMEN - Miller, Werner, Forbing,
NOES: COUNCILMEN - NonePapen, M/Kim
ABSENT: COUNCILMEN - None
9.2.2 RESOLUTION NO. 92-54 - GENERAL PLAN - ACM/
Belanger reported that the Government Code
provides a process by which cities can request
an extension of time from the Office of
Planning and Research for completion of their
General Plans. Although the City's General
Plan was adopted in July, the Referendum
petition suspended operation of the Plan. As
a result, the City desires to request that the
State grant another extension of time, a
process for which there is no statutory
authority.
In response to C/Werner's inquiry into the
SEPTEMBER 1, 1992 PAGE 11
City's risk for issuing permits for swimming
Pools, tennis courts and residents on approved
lots, CA/Arczynski replied that strict lang-
uage of the law indicates that no permits
should be issued. Any issuance beyond that
recommended by staff increases the potential
that someone could initiate litigation to
attack granting such permits. The policy
adopted by the Council at the last meeting is
one which could be defended in court.
M/Kim opened the Public Hearing.
Martha Bruske, 600 S. Great Bend Dr., asked
the Council to be cautious regarding the
low-income housing trade-off for construction
of the new high school and that there be no
distinction made between "north" and "south"
Diamond Bar.
MPT/Papen responded that the intent of the
low -moderate housing trade-off through SB1718
to obtain land for the new high school does
not mean that the funds would be used for
construction of housing in the City.
James Roberts, 23627 Bower Cascade, stated
that the reason for the Referendum was to
establish more control over development
projects.
Max Maxwell pointed out that there are other
alternatives other than creating a bond issue
to acquire Tonner Canyon such as a
conservancy.
C/Miller stated that the purpose of his
recommendation for a committee to study
acquisition of Tonner Canyon was to provide
the Referendum proponents an opportunity to
acquire the Canyon through whatever means they
desire. Any person wishing to be involved in
the committee is requested to contact staff.
MPT/Papen pointed out that staff sent letters
to Assemblyman Horcher and Senator Hill
requesting assisting with available funding to
acquire the Canyon. Further, she suggested
that the Chino Hills Conservancy be contacted
regarding funding.
In response to C/Forbing's inquiry, Max
Maxwell stated that he felt the Council should
request an extension on the condition that the
City receive limited control. He felt it was
SEPTEMBER 1, 1992 PAGE 12
undesirable for the City to operate as usual
as the Council had not yet considered the
option of rescinding the General Plan and
starting again.
C/Miller explained that if the General Plan is
rescinded, the Council would have to wait at
least one year to adopt a new General Plan.
The Referendum proponents have no authority to
negotiate with the Council to develop a new
General Plan. If the petition qualifies for
the ballot then the issue will go to a vote of
the people. At the present time, the Council
will continue to assist citizens in obtaining
permits as much as possible.
Toni Lewis, resident, stated that in her
opinion, the 4,000 residents who signed the
petition do not speak for all residents of the
City.
William Gross stated that the Referendum
proponents had been working toward a
conservancy for the past four months. The
petition specifically rescinds the Ordinance
and calls to overturn the General Plan
process. He further stated that he supported
the City's extension request but was concerned
over the length of time the City spent in
requesting it.
ACM/Belanger stated that the law requires the
City to schedule a Public Hearing when con-
sidering a request for a General Plan exten-
sion. Since the matter did not become an
issue until August 18th, the earliest possible
date, providing for a 10 -day notice period,
was now.
Jack Bath, 13232 12th St., Chino, stated that
he had been involved with the formation of
Chino Hills State Park and was Regional Bio -
Diversity Task Force Chair of the sierra Club
of California. He pointed out that the Chino
Hills State Park was not funded through any
city and that there are approximately three
dozen ways in which open space may be pur-
chased for the permanent dedication of land
and protection of wildlife. He suggested that
the General Plan be rescinded immediately
rather than the City spending $100,000 for an
election and immediately begin negotiation
with the Referendum proponents. Further, if
the Council continued to indicate that the
only way to acquire Tonner Canyon was to tax
SEPTEMBER 1, 1992 PAGE 13
the citizens, then the public should seriously
consider a recall.
MPT/Papen pointed out that she had been
endorsed by the Sierra Club and that the
12,000 acres in Chino Hills was acquired
through a State bond measure. She again
stated that the City Council designated Tonner
Canyon as "agricultural" which allows only
agriculture, recreation and open space uses
and that the Referendum proponents
misrepresented this designation to the public.
Under the approved General Plan, only six
units in the 35 acres within the Canyon would
be allowed. Further, she supported the
formation of a conservancy for the Canyon.
CA/Arczynski stated that since Tonner Canyon
is not within the City but only within the
City's Sphere of Influence, the designation
selected by the City can be changed by the
County at any time. Through adoption of the
General Plan, the Council attempted to
preserve the area to the maximum extent
Possible which other options were being
reviewed.
In response to C/Werner's inquiry as to where
the General Plan prohibits any group from
acquiring the Canyon for open space purposes,
Jack Bath replied that the Plan does not do
this but that there have been scare tactics
used to place a tax burden on the residents
for the acquisition of the Canyon.
C/Miller expressed concern as to why the funds
had not been gathered already for acquisition
of the Canyon.
Dan Buffington, 2605 Indian Creek, stated that
property owners should be allowed to use their
land as they see fit, with certain restraints.
He did not feel it proper for the Referendum
proponents to shut down all development and
construction within the City.
Don Gravdahl, 23988 Minnequa, stated that it
would appear that Councils only choice, to
help those that need permits, would be to go
to Sacramento to facilitate an extension. He
further pointed out that the General Plan can
be amended four times a year and that a
Referendum was unnecessary.
SEPTEMBER 1, 1992 PAGE 14
Frank Piermarini, 2559 Wagon Train, suggested
that the Referendum proponents construct parks
on their own property using their own money
instead of hitting the pocketbooks of
developers.
There being no further testimony offered,
M/Kim closed the Public Hearing.
C/Forbing moved, seconded by C/Miller to adopt
Resolution No. 92-54 entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, REQUESTING AN EXTENSION OF
TIME, PURSUANT TO SECTION 65361 OF THE
CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION
OF A CITY GENERAL PLAN WITHIN THIRTY (30)
MONTHS OF INCORPORATION. Motion carried
unanimously by the following Roll Call vote:
AYES: COUNCILMEN - Miller, Werner, Forbing,
NOES: COUNCILMEN - NonePapen, M/Kim
ABSENT: COUNCILMEN - None
10. ANNOUNCEMENTS: C/Miller stated that the Council has
tried their hardest to serve this community. He encouraged
input from the community, both publicly and privately and
stated that anyone may contact him at his office anytime to
discuss any issue.
C/Werner requested that the City Attorney provide information
as to what becomes confidential in terms of Closed Sessions
and the limits of what might be discussed.
MPT/Papen suggested that Martha Bruske and Eileen Ansari be
invited to participate in the Committee for alternatives for
Tonner Canyon as well.
11. ADJOURNMENT: There being no further business to
conduct, M/Kim adjourned the meeting at 10:00 p.m.
ATTEST:
ayor
TOMMYE A. NICE, Deputy City Clerk
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 15, 1992
1. CLOSED SESSION: 5:00 p.m.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
No reportable action taken.
2. CALL TO ORDER: M/Kim called the meeting to order at
6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Kim.
ROLL CALL: Mayor Kim, Councilmen Forbing, Miller
and Werner. Mayor Pro Tem Papen arrived at 7:20 p.m.
Also present were Terrence L. Belanger, Acting City Manager;
Andrew V. Arczynski, City Attorney; James DeStefano, Community
Development Director; George Wentz, Interim City Engineer; Bob
Rose, Community Services Director and Lynda Burgess, City
Clerk.
3. PUBLIC COMMENTS: Sue Sisk, 1087 Flintlock Rd., repre-
senting the Diamond Ranch Booster Club, stated that the State
Legislature recently passed legislation allowing the City of
Industry to donate 70 acres of land to the Pomona Unified
School District for a north Diamond Bar High School. She
further indicated that members from Industry's Planning
Association hired powerful special interest lobbyists to
convince the Governor to veto the Bill. She encouraged
citizens to write to Governor Wilson urging him to sign the
legislation.
C/Werner announced that the Governor's FAX number was (213)
897-0319 for anyone wishing to FAX to encourage the Governor's
support.
Clair Harmony, 24139 Afamado Ln., stated that he has yet
received the legal brief that the City Attorney was to
provide. Further, even though the City of Lawndale turned
down their General Plan in May, the City is still issuing
permits and listed other court cases to support his contention
that D.B. should still be able to issue permits.
Red Calkins, 240 Eagle Nest Dr., thanked C/Miller for putting
Prospector Rd. Underpass, 60 fwy. on the list of streets for
clean up by clients of Lanterman Developmental Center. He
complained that the Ranch Festival program excluded Lavinia
Rowland from its article regarding Past Presidents, as the
Festival was her idea to help the Municipal Advisory Council
pay for funds owed the County for previous incorporation
election attempts.
Max Maxwell, 3211 Bent Twig Ln., asked why the dirt pile on
South Pointe Middle School was left there. He stated that he
SEPTEMBER 15, 1992
PAGE 2
had been called by John Francis of the Highlander regarding a
comment made by MPT/Papen alleging that he had requested the
State Office of Regional Planning to deny the City's request
for an extension of the General Plan. He denied making this
request to the State and requested that ACM/Belanger clarify
the matter.
CDD/DeStefano stated that he understood that dirt currently
stockpiled on South Pointe Middle School was from removal of
dirt during grading for construction of homes in the area as
well as for construction of the street created for the school.
The School District and developer Arciero intend to relocate
the dirt to an adjoining site to permit construction of a
permanent school facility.
In response to M/Kim's question as to whether the dirt is a
nuisance or jeopardizes public safety, CDD/DeStefano stated
that it is not a mound of earth created by grading, it is what
is left from the grading activity which had not been touched.
He understood that the hill will be removed and lowered to a
grade elevation consistent with the adjacent property to allow
for the permanent school. The dirt is to be relocated to the
canyon as part of a project for residential development that
Mr. Arciero and his company have desired for several years.
Don Schad, 1824 Shaded Wood Rd., spoke in favor of sending
letters to Gov. Wilson.
Fred Scalzo, President of the Chamber of Commerce, stated that
there are currently 120 to 130 retail vacancies in the City
representing approximately 700-800 jobs and losses of between
$16 to $18 million in spending power. If those vacancies were
filled, the City's share of sales tax revenues would amount to
approximately 4-5% of the City's budget. He further stated
that businesses outside of the City would be more attracted to
D.B. if they felt welcome. In addition, he encouraged the
City Council to adopt the General Plan.
Eileen Ansari, 1823 S. Cliffbranch, stated that even though
she signed the referendum and is behind it, she is supportive
of local business and that the people behind the Referendum
are not working against the City, but for the City to achieve
responsible City government, quality of life for residents
(country style of life) and a nice environment. Further,
there are other canyons in the City that are of concern such
as Sandstone Canyon and upper Sycamore Canyon. She supported
the idea of a Tonner Canyon Acquisition Commission, but felt
that all Councilmembers should have input into committee
selection and not just C/Miller, but this should be done after
the issue of the General Plan has been resolved.
ACM/Belanger stated that in regard to Sandstone Canyon,
development plans had been submitted for private property in
this area, but the applicant had been informed that the City
would not entertain individual projects in the area, but
SEPTEMBER 15, 1992 PAGE 3
rather, the entire area would be master planned. As part of
the master plan, the two public agencies also owning property
there --Walnut Valley Unified School District and the
City --would also be a part of that master plan process. The
entire land would be subject to a master environmental impact
report. He further stated that the Diamond Bar that the
people in Orange County refer to is what existed under L.A.
County. In regard to upper Sycamore Canyon, which is owned by
Bramalea, a Memorandum of Understanding will be brought to the
Council soon to preserve 400 acres in City ownership,
including the entirety of upper Sycamore Canyon.
Frank Dursa, 2533 Harmony Hill Dr., stated that he felt that
C/Miller had made a personal attack on him at the last meeting
and that these are the types of things that are wrong with the
community. He stated that C/Miller seems to think that he is
misinformed, biased and has a focused train of thought. Mr.
Dursa agreed that he was biased because 1) he caught one of
C/Miller's family members taking down campaign signs support-
ing opposing candidates during an election before Cityhood; 2)
because Page 15 of the Grand Ave. Agreement states that Tonner
Canyon Road would be built by 1994 and that there would be a
benefit assessment district passed onto this community; 3)
Assemblyman Horcher previously accused C/Miller of making a
profit on property he owned along Grand Ave; 4) C/Miller got
his property on Lycoming zoned from residential to commercial
without a lot of fanfare; 5) C/Miller accused Mr. Al Rumpilla
of walking out of City Hall with a suitcase full of papers; 6 )
when the City was first formed, Councilman Lancaster from
another city proposed a'racquetball sports club on Sylvan Glen
Park which was, fortunately, turned down. Mr. Lancaster was
C/Miller's campaign chairman when he ran for State Senate; 7)
when C/Miller last ran for office, his campaign brochure
stated that he was in favor of term limits for Councilmembers,
but has said nothing about it since; 8) C/Miller said he was
going to end conflict of interest voting which must have meant
that there was conflict of interest voting going on; 9) the
Council was planning to go to Lake Arrowhead to conduct city
business right after incorporation; 10) the City Council says
it wants business to flourish yet they had a meeting at the
Balboa Bay Club in Newport Beach, probably so nobody else
would show up. Fortunately, he and Mr. Rumpilla showed up at
the meeting and were privy to what was going on; 11) when the
City was first formed, they paid over $55,000 for a study of
waste water, without bidding, to some company in Newport
Beach. He stated that he had other things to point out but
that his time had run out.
C/Miller stated that he did not understand Mr. Dursa's
comments that he had personally attacked Mr. Dursa. The TV
audience and the persons attending the meetings watch Mr.
Dursa and others attack the City Council every week. Mr.
Dursa accused his son of taking a sign down while putting up
a sign in the first Cityhood election and he met with Mr.
Dursa and Mr. Rumpilla twice. His son said it was a
SEPTEMBER 15, 1992 PAGE 4
misunderstanding, Mr. Dursa said it wasn't. C/Miller stated
that he did everything in his power to try and resolve it and
that he had apologized to Mr. Dursa and Mr. Rumpilla for what
they thought he did, even though he said he didn't. He
further stated that the Council has repeatedly explained that
any assessment district formed in Tonner Canyon would not be
levied against the entire City but only those parcels that
benefited from it, which are undeveloped parcels. As for the
comment that Mr. Horcher had accused him of profiting from the
property he owned on Grand Ave. when the City and San
Bernardino County signed the agreement, C/Miller again stated
that he never owned property on Grand Ave. but that his
property is located by the golf course. Mr. Horcher was
removed as Mayor Pro Tem because everybody on Council said he
lied. He explained that before he accepted appointment as a
negotiator for Grand Ave., he obtained a written opinion from
the City Attorney stated he did not have a conflict of
interest and further, that all four other Councilmembers knew
there was no conflict. Regarding his property on Lycoming,
C/Miller explained that he stated the process well over a year
before Cityhood to change the zoning because all other four
corners were zoned commercial on a major four-way intersection
and approval by the County was nearly complete when the City
incorporated. He would not allow the property to be reviewed
by the Council while he was a Councilman. It was merely for
this parcel to conform with all other corners on Lycoming and
Brea Canyon. As to Mr. Rumpilla "walking out of City Hall
with a briefcase full of papers, C/Miller stated that he did
not know what Mr. Dursa was talking about. In regard to Mr.
Lancaster, he stated that he met Mr. Lancaster when he applied
for a racquetball center which was turned down. Mr. Lancaster
ran the area office of the State Senator whose seat C/Miller
was campaigning for which had nothing to do with Diamond Bar
whatsoever. Regarding term limitations, C/Miller stated that
he supported uniform limitations on all City Councils
throughout the State. In regard to conflict of interest
voting, he stated that the City Council makes certain that
those who have conflicts don't vote. He further stated that
Mr. Dursa seems to think that he was somehow personally
involved for a suggestion to hold a meeting in Lake Arrowhead
and in Newport Beach, but that he was not even on the Council
when the meeting was held in Newport Beach.
MPT/Papen explained that a benefit assessment district is a
means of financing capital improvement projects such as roads
and sewer systems and the assessment is against those
properties which benefit from the improvement. In regard to
term limits, she stated that she has supported that, but State
law does not currently allow General Law cities to adopt term
limitations.
C/Werner stated that he felt term limits for City Council are
stupid and that the people in the community and electorate
have to read the information and get to know the candidate.
SEPTEMBER 15, 1992
PAGE 5
4. COUNCIL COMMENTS: C/Forbing asked that Council direct
staff to make sure all reports, particularly ones coming from
consultants, be copied double -sided.
C/Miller asked that the audience make note of the amount of
personal attacks that continue through the Council meetings
and that they continue from people who never bother to call
Council and express concerns, ask for information or commun-
icate in any way.
C/Werner asked that staff work with the Traffic Commission
regarding the Heritage Park. Apartments and the concern they
have regarding the driveway approach to the street as well as
the possibility of red curbing along a certain distance beyond
the driveway. He also stated that the Council has voluntary
request forms for people who wish to speak to the Council and
added that the form had been redrafted eliminating the place
for "for or against" the item.
5. CONSENT CALENDAR: It was moved by C/Werner, seconded by
C/Forbing to approve the Consent Calendar as presented with
the exception of City Council Minutes of August 11, 1992.
C/Werner abstained from voting on approval of these Minutes
due to his absence from the meeting.
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen,
M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Parks & Recreation Commission - September 24,
1992 - 7:00 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.1.2 Diamond Bar Ranch Festival - September 25, 26,
27, 1992 - Gateway Corporate Center
5.1.3 Planning Commission - September 28 1992 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.4 City Council Meeting - October 6, 1992 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES - Special Meeting of August 11, 1992
- (C/Werner abstained from approval of these Minutes) -
Approved as presented.
5.3 WARRANT REGISTER - Adopted the following Minute Order
entitled: Warrant Register - September 15, 1992, in the
amount of $183,501.93.
5.4 TREASURER'S REPORT - Adopted the following Minute Order
entitled: Treasurer's Report - Month of July, 1992 -
received and filed.
SEPTEMBER 15, 1992 PAGE 6
5.5 BOND EXONERATIONS:
5.5.1 STORM DRAIN BOND FOR PRIVATE DRAIN NO. 2100 ON
TRACTS 42573 THROUGH 42578 -
Adopted the following Minute Order entitled:
PRIVATE DRAIN NO. 2100 - BOND EXONERATION -
Tracts 42573 through 42578, Bond No. 83 SB 100
352 243 in the amount of $212,000 for storm
drain on Longview Dr. and Thunder Trail
constructed by Bramalea Ltd. and directed City
Clerk to notify all parties.
5.5.2 STORM DRAIN BOND FOR PRIVATE DRAIN NO. 2084 ON
TRACT 42572 -
Adopted the following Minute Order entitled:
PRIVATE DRAIN NO. 2084 - BOND EXONERATION -
Tract 42572, Bond No. 83 SB 100 327 660 in the
amount of $11,500 for storm drain on Cromarty
Dr. and Radbury Place constructed by Bramalea
Ltd. and directed City Clerk to notify all
parties.
5.6 CLAIM FOR DAMAGES - filed by Robert Peak August 31, 1992
- Denied.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 Proclaimed October 1992 as "Parents Without Partners
Month" - C/Werner presented the Proclamation to Barbara
Williams, President, Parents Without Partners.
6.2 PRESENTATION - UPDATE ON 1992 DIAMOND BAR RANCH FESTIVAL
- AA/Fritzal reported that the Festival's theme for 1992
is "Festival of Friends" which will be held September 25
through 27 at the Gateway Corporate Center. Festival
activities will include a parade, a business expo, live
entertainment, the Mucho Macho Desperado Contest and a
5-10K run as a "kick-off" activity. In addition, a free
shuttle service will be provided from various off-site
locations throughout the City to bring visitors to the
Festival.
7. OLD BUSINESS:
7.1 CITY MANAGER APPOINTMENT - C/Werner advised that pursuant
to Council direction, the Personnel Committee had met
with Acting City Manager Terrence Belanger to negotiate
an agreement. The agreement provides for terms similar
to those of the former City Manager, with some
exceptions.
C/Miller reported that one exception was that the
termination pay had been reduced by 25% over that for the
former City Manager. He felt that it was a good contract
SEPTEMBER 15, 1992
PAGE 7
and that Mr. Belanger would make an excellent Manager.
C/Miller moved, C/Werner seconded to approve the contract
with Terrence L. Belanger as City Manager.
CA/Arczynski asked that the motion reflect that the blank
spots in regard to the effective date of various
provisions be September 15, 1992. C/Miller agreed to
amend his motion.
MPT/Papen stated that she had read the contract and it
met with her satisfaction; however, she requested a
summary of benefits be added and a breakdown of the total
costs of the employment package. With the following Roll
Call vote, motion carried:
AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.2 UPDATE FROM CITY ATTORNEY ON STATUS OF CITY'S ABILITY TO
PROCESS PERMITS, ETC., DUE TO REFERENDUM - Regarding
public comments made earlier in the meeting, CA/Arczynski
explained that the City of Lawndale was able to issue
permits after a General Plan referendum was submitted to
the City because the referendum was not against the only
Plan the City had ever adopted but against a newly
revised version only. When the new version was sus-
pended, the old General Plan remained in effect. Not so
with the City of Diamond Bar as there was no General Plan
previously in effect. In regard to the City Attorney's
opinion requested by Mr. Harmony, the Council directed
release of the legal authorities relied upon for the
opinion which had just been given to Mr. Harmony. As to
whether staff exceeded its authority by discontinuing
permit issuance at the time petitions were filed, it was
felt that this was the safest and most conservative
approach at the time. Since that time, Council has
directed implementation of a policy to issue permits in
certain limited circumstances. The City has applied to
the Office of Planning and Research for another extension
of time on preparation of the General Plan but no
response has yet been received.
CM/Belanger stated that he had recently spoken with Mr.
Cervantes of the Office of Planning and Research to
inquire into the status of the response promised to the
City earlier. Mr. Cervantes indicated that he was
delaying his opinion while awaiting information from Max
Maxwell and Tom Van Winkle in opposition to the City's
extension request. Mr. Cervantes further indicated that
if an extension were granted, it would only allow for
issuance of the barest of permits.
SEPTEMBER 15, 1992 PAGE 8
CA/Arczynski indicated that a draft urgency ordinance had
been prepared in the event an extension is not granted.
Said ordinance tracks with State law provisions regarding
project processing and approval of permits along with the
extension granted by OPR earlier.
In response to MPT/Papen's inquiry into legal require-
ments for adoption of such an ordinance, CA/Arczynski
stated that this matter was not subject to a public
hearing and recommended that if the Council wished to
consider this item, that a motion be made adding it to
the Agenda as a matter in which the need for action arose
after the agenda was posted. Assuming there is a 4/5
vote to add it to the agenda, the Council could then
discuss the matter and adopt it.
C/Miller moved, C/Werner seconded to add the matter to
the Agenda as an urgency ordinance for discussion. With
the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner
Forbing, Miller, MPT/
NOES: COUNCILMEN - Nonnen, M/Kim
ABSENT: COUNCILMEN - None
RECESS: M/Kim recessed the meeting at 7:45 p.m.
RECONVENE: M/Kim reconvened the meeting at 8:03 p.m.
7.3 URGENCY ORDINANCE NO. 4 (1992): AN URGENCY ORDINANCE OF
THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ESTABLISHING STANDARDS REGULATING LAND USE AND
DEVELOPMENT ACTIVITIES INCLUDING FINDINGS IN SUPPORT
THEREOF C/Werner expressed concern about
Paragraph 4Page 2,
, second to last sentence
representatives have been advised by representativeslty of
the Governor's office of Planning and Research that they
are without authority."
CA/Arczynski explained that when the ordinance was
drafted, his office contacted OPR and their indication
was that they didn't think they could grant an extension
of time on the theory that the City had already adopted
a General Plan, therefore there is nothing to extend.
C/Werner suggested that "verbal" be inserted in the
paragraph and asked why "not heretofore filed" was
included on Page 6, Item E.
CA/Arczynski stated that if the language is not added,
one could assume that the City would be precluded from
continuing to process applications for various kinds of
approvals already in the pipeline.
SEPTEMBER 15, 1992 PAGE 9
Following discussion, C/Werner recommended that "not
heretofore filed" be stricken so as not to confuse the
issue with language to be added in the initial recitals
to clarify that these circumstances do not apply to
previously filed and processed projects.
CA/Arczynski stated that he would frame language for
inclusion into the body of the paragraph for specificity
regarding previously filed and processed projects.
MPT/Papen stated that it was her opinion that until such
time as the referendum has been settled, no action should
be taken on any vesting tentative tract map that has not
already been approved.
Following further discussion, MPT/Papen stated that she
wanted to honor the intent of the referendum and that by
adopting the ordinance the City would circumvent the
referendum. She further stated that the ordinance should
only pertain to already approved lots.
With Council consensus, the wording "not hereto filed"
was removed.
CA/Arczynski stated that during the time of the
extension, based on OPR's correspondence
tentative tract maps could not be accepted nor Bstinother
certain types of entitlement applications. Upon adoption
of the General Plan, some individuals filed applications
for vesting maps. Those applications could not be
processed for thirty days and then the referendum was
submitted. The only point in including a date or
language was so that no one would misunderstand the
intent.
In response to C/Millers question, CA/Arczynski stated
that OPR could grant more leeway than the ordinance;
however, it would be unlikely.
CM/Belanger stated that in order to clarify the intent in
Sections 3a and 3b, modifying language could be included
in c, d and a so that those restrictions set forth in c,
d and e --which in essence restrict what the City can do
in terms of processing General Plan amendments and
certain types of large tract development, especially
hillsides and in the SEA --such as "notwithstanding the
provisions set forth in Section 3a and 3b above, until
such time as the General Plan adopted and deemed..."
This would modify the intent of a and b and narrow it to
those types of development proposals that are arguably
not within the ambit of the referendum , i.e., commercial
development proposals on already zoned and general
Planned commercial land, etc.
Following discussion, CA/Arczynski recommended insertion
of "subject to the limitations set forth in Sections 3 c,
SEPTEMBER 15, 1992 PAGE 10
d and e below" at the beginning of the sentence prior to
"land use actions."
MPT/Papen suggested removal of "process" on Page 6 e to
allow those people who filed maps between July 14, 1992
and August 10, 1992 the ability to work on EIRs and
whatever is needed to get them ready so that when the
referendum issue is settled, the projects will be ready
to go.
In response to M/Kim's question, CM/Belanger stated that
the City can initiate their own planning proposals;
however, the statement "City shall not initiate" in
Section 3d would preclude the City from being able to
submit such an application.
In response to MPT/Papen's inquiry into the status of the
JCC projects, CDD/DeStefano stated that two tracts were
approved in April and the final map is currently being
processed for approval and recordation. However, they
cannot obtain grading or building permits due to
suspension of the General Plan.
CA/Arczynski stated that the question of whether permits
could be obtained for the JCC project would boil down to
Section 3E as to whether or not it is within an area that
has been defined. The JCC project is proceeding with
vesting map applications with two of them moving to final
map stage. There are a number of other issues that need
to be resolved, all of which are required to go through
a discretionary process. If the issues fall within the
area defined in subsection 3 e, the JCC project would not
be able to obtain grading or building permits.
Clair Harmony, 24139 Afamado Ln., stated that he endorsed
the efforts of the ordinance, however, he felt that it
could go farther.
Don Schad, 1824 Shaded Wood Rd., stated that Page 5,
Sections 3 a and b indicates to him that the "Buffington"
project should never been approved since there was no
General Plan and only a very limited tree ordinance in
effect.
CA/Arczynski stated that with regard to the statement
made by Mr. Schad, the vesting tentative map applications
that were filed three years ago regarding the JCC project
are not impacted by this General Plan or any other
General Plan that the City proposes to adopt. The
ordinance would not affect those maps, it is what was in
place when those applications were filed, and that is
what those projects are measured by.
Eileen Ansari, 1823 S. Cliffbranch Rd., suggested that a
committee be formed to look at amending the General Plan.
SEPTEMBER 15, 1992
PAGE 11
CA/Arczynski stated that if the General Plan referendum
is certified, the City Council has alternatives, one
being to simply repeal it and the other is to place it on
the ballot. In either instance, a one year time line has
to pass before adoption of a substantially similar
General Plan.
C/Werner moved, C/Forbing seconded to adopt urgency
Ordinance No. 4 (1992) as amended, entitled AN ORDINANCE
OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ESTABLISHING STANDARDS REGULATING LAND USE AND
DEVELOPMENT ACTIVITIES INCLUDING FINDINGS IN SUPPORT
THEREOF. Motion carried unanimously by the following
Roll Call vote:
AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
8. NEW BUSINESS:
8.1 FEASIBILITY OF MEDIAN ISLANDS ON GOLDEN SPRINGS DRIVE,
BETWEEN BREA CANYON ROAD AND THE STATE ROUTE 57 OVERPASS
- At the June 11 and July 9, 1992 Traffic and
Transportation Commission meetings, the Commission was
provided with the preliminary layout of proposed medians
along Golden Springs Drive. Pros and cons were reviewed
and evaluated. The Commission recommended maintaining
existing roadway characteristics and for Golden Springs
Dr. remain without raised medians/channelization.
Following a report by ICE/Wentz outlining available
options, C/Forbing recommended that staff further study
traffic counts and impacts on businesses and that staff
be directed to make recommendations based on the new
information obtained.
MPT/Papen recommended that river rock be used under
freeway overramps on the northend of the City and that no
tree planting be done due to traffic patterns in these
areas.
8.2 CONSIDERATION OF ESTABLISHING TONNER CANYON ACQUISITION
COMMITTEE - CM/Belanger stated that all individuals
suggested at the last meeting were contacted and all but
Mr. Harmony and Mr. Van Winkle responded in the
affirmative that they would be willing to serve, some of
them conditionally. Mr. Van Winkle who indicated that he
will get back with an answer.
C/Werner stated that he felt that the committee is not a
City committee and that the decision to serve or not is
entirely up to them; therefore, their response to the
City as to membership is unnecessary.
SEPTEMBER 15, 1992 PAGE 12
MPT/Papen indicated that the City was organizing the
committee and that she felt the City should give an
ad-hoc committee a scope of work to be done.
Eileen Ansari, 1823 S. Cliffbranch Dr., stated that she
would like to be on the committee and that she would like
to see other people on the committee, such as Lydia
Plunk. She further suggested that C/Miller attend some of
the meetings.
William Gross, 21637 Highbluff Rd., expressed his
opposition to formation of a committee.
Max Maxwell, 3211 Bent Twig Ln., stated that he would
like to be involved with the committee and asked the
Council to discuss the goals and objectives. He also
congratulated Mr. Belanger on his appointment as City
Manager.
Don Schad recommended that the Council write a letter of
introduction specifying that the committee is a research
group endeavoring to procure information relating to the
Tonner Canyon.
Fred Scalzo spoke in favor of the committee, but urged
the Council to make sure that taxpayers understand the
costs involved. He further stated that he would like to
see more control on those who choose to raise their
voices at the Council and who engage in personal insults
to them.
C/Miller reiterated that this is not a City committee,
the Council is trying to help form a committee, but no
City funds will be spent on this committee. In regard to
a bond issue, he stated that he would not approve a bond
issue, but would put it on a ballot for voters to decide
whether they wish to purchase the canyon.
MPT/Papen felt that the committee should come back to the
Council before the end of the year with a report as to
financing methods available. She further stated that due
to the referendum, discussion with property owners
regarding annexation has stopped.
C/Werner stated that he opposed City expenditures for the
committee as other projects within the City limits need
attention such as development of park space and increase
in number of acres devoted to parks.
Jack Kowtowski stated that he agreed with C/Werner and
that he felt that it was ludicrous for the Council to
help when 4,000 people signed the referendum to save
Tonner Canyon.
C/Werner stated that the Council protected Tonner Canyon
SEPTEMBER 15, 1992 PAGE 13
within the City's Sphere of Influence but could not
protect areas outside City limits.
C/Forbing stated that half of Tonner Canyon is within
Orange County, the north portion is in San Bernardino
County and a small portion is in L.A. County. He further
indicated that the Supreme Court recently ruled that if
government changes zoning on a piece of property and
doesn't allow building, government has to pay for the
property. He recommended that a committee be organized
similar to the Historical Society.
MPT/Papen stated that she felt that there are two issues
that seem to be meshed together which are overturning the
General Plan and preventing development in Tonner Canyon.
Overturning the General Plan will not prevent development
in Tonner Canyon because it is not within City limits but
only within our Sphere of Influence, which means the City
has not ultimate control. Regarding the General Plan,
the Canyon was designated Agricultural which limits land
use to three designations --recreation, open space and
agriculture which is a reflection of what is currently
there.
Clair Harmony requested that the road be taken out of the
City's Sphere of Influence which would help the ecology
of the canyon. He stated that he had heard a rumor that
the Boy Scouts are considering rehabilitating the Tonner
Canyon Scout facility.
Following discussion and with consensus of Council, the
matter was tabled until the referendum matter is settled.
8.3 CONSIDERATION OF MEMBERSHIP IN BALDY VIEW PUBLIC/PRIVATE
COALITION (CLOUT) - CM/Belanger recommended that the City
indicate an interest in becoming a member of CLOUT and
appoint a Councilmember as a representative. In
addition, the Chamber of Commerce would also appoint a
representative and a member from the community would also
be appointed. The purpose of the formation of the
Coalition is to meet and exchange information and ideas
on economic development in the Baldy View region.
MPT/Papen expressed concern that the San Gabriel Valley
Consortium that has been operating for approximately 2
1/2 years and that it might be more beneficial for the
City to join this organization, rather than joining an
organization outside the City's jurisdiction.
CM/Belanger stated that membership in one committee does
not preclude from being a member in the other committee
and that the primary advantage of joining CLOUT would be
that members of the private sector and local communities
and their staffs would meet on a regular basis to
exchange information and ideas and discuss projects that
SEPTEMBER 15, 1992 PAGE 14
are being proposed in their particular areas. It is an
information exchange. It would provide an opportunity
for the City to be involved with cities in the immediate
area on matters that have regional impact.
C/Forbing stated that the Chamber of Commerce has
indicated that they wanted to join and that he would be
willing to represent the City.
C/Forbing moved, C/Miller seconded to approve the City's
membership in CLOUT. Motion carried unanimously.
C/Forbing stated that an announcement needs to be made to
the public that the Council will be appointing an at -
large delegate and that anyone interested should contact
the City Manager.
9. ANNOUNCEMENTS: None offered.
10. ADJOURNMENT: With no further business to be
conducted, M/Kim adjourned the meeting at 10:16 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
SEPTEMBER 15, 1992
AMENDED PER REQUEST OF MPT/PAPEN
PAGE 8
CA/Arczynski indicated that a draft urgency ordinance had
been prepared in the event an extension is not granted.
Said ordinance tracks with State law provisions regarding
project processing and approval of permits along with the
extension granted by OPR earlier.
In response to MPT/Papen's inquiry into legal require-
ments for adoption of such an ordinance, CA/Arczynski
stated that this matter was not subject to a public
hearing and recommended that if the Council wished to
consider this item, that a motion be made adding it to
the Agenda as a matter in which the need for action arose
after the agenda was posted. Assuming there is a 4/5
vote to add it to the agenda, the Council could then
discuss the matter and adopt it.
At the request of MPT/Papen, CA/Arczynski read the
Ordinance in its entirety.
C/Miller moved, C/Werner seconded to add the matter to
the Agenda as an urgency ordinance for discussion. With
the following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, Miller, MPT/
Papen, M/Kim
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
RECESS: M/Kim recessed the meeting at 7:45 p.m.
RECONVENE: M/Kim reconvened the meeting at 8:03 p.m.
7.3 URGENCY ORDINANCE NO. 4 (1992): AN URGENCY ORDINANCE OF
THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
ESTABLISHING STANDARDS REGULATING LAND USE AND
DEVELOPMENT ACTIVITIES INCLUDING FINDINGS IN SUPPORT
THEREOF - C/Werner expressed concern about Page 2,
Paragraph 4, second to last sentence "City
representatives have been advised by representatives of
the Governor's office of Planning and Research that they
are without authority."
CA/Arczynski explained that when the ordinance was
drafted, his office contacted OPR and their indication
was that they didn't think they could grant an extension
of time on the theory that the City had already adopted
a General Plan, therefore there is nothing to extend.
C/Werner suggested that "verbal" be inserted in the
paragraph and asked why "not heretofore filed" was
included on Page 6, Item E.
CA/Arczynski stated that if the language is not added,
one could assume that the City would be precluded from
continuing to process applications for various kinds of
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 Papen and Councilmember Forbing
FROM: Linda G. Magnuson Accounting Manager
SUBJECT: Voucber Register, October 20, 1992
DATE: October 14, 1992
Attached is the Voucher Register dated October 20, 1992. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
their 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
125
CDBG Fund
138
LLAD 438 Fund
139
LLAD #39 Fund
141
LLAD 441 Fund
250
CIP Fund
TOTAL ALL BUNDS
APPROVED BY:
Linda G. Mag on
Accounting Manager
.4
A.,rence L. Belanger
City Manager
dated October 20, 1992 has been
for payment. Payments are hereby
in these amounts:
AMOUNT
$231,422.33
1,000.00
24,022.99
73.32
3,273.88
21,385.90
$281,178.42
Phylli E. Papen
Mayor Pro Tem
John A. Forbing
Councilmember
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9165
2 3 'NiNC
VAIM
SU D 3 L! -F 1
-,tc :�ynq 7
Iti: 14 Wl
in,
3 319"t9' 34
prC.ablnp t
1 3:4290
W14 l9/24 MW,82
X241 -491E -i<29
871.73
I,i;I
Debbieisp
R2-�ea' Ricund
ON
ONC
�el laving i0.
1a/'_4 RIP A7695
S-i5teV3i;P
11327.40
t5qq-2
31OK' W094
A i 1 E VEOUR
1,:327.42
rayon
ExxarSP
AM
16/14 10122 3"4919S
PIR
34.98
It 31"
3 3112
18/14 9124 42t+3992
3
12.28
4 31111/1419(79
4949?54
C
36-95
4 t 9 it -
310210
10/14 10/2t 499361
1 1 -PIR
-27.22
+ni -
11
3921C
OEWI
Al 14 It/ 2�t , I -
F ;P1 -Plna
3101.38
*011 -42A -2751t
4
3'.429010/14
19128 499374
16-56
}291-431E 2319
12
319780
10/14 19/20 495146110
}991-4214-2319
s
10/14 191-2t 51,54846
�e1-gc
22.51
9114 AM
Pi, lo
g
}991-4213-2318
6 319280
DUE 'HOOR --------3
29.76
+
T . ..
. . . . . . .
VENDOR i"
A, 1) li N T E A
---------------------------
------------------------
-----------
---
2 t
;gra
4 1
G AL
7.
2'i
+t�j-4tqt-20�
4 310"KI
V0uUF - ---------
aTd
wage liitllll-cldl�g
Qa-j,-
3 3R20"
It-,2a
1 UTAL Pr LPA A"' -N-1
3 7 2',!
MAL Diirt 'VENDOR ---------
61E -alifainii
10127
l
,,ll
Mi-,-lm-212c
A
2 Z1ptly
P,TE raiiforPii3-1
Yi 12
L19
A -212
?x.44
E Ca orr- I
-1.42K
i8/1410;22fnl-4313-2125
P CIc-,j,2-j,tale
zp64
3C P r
10!14 10;2+?
R2-redtton Retund
Ml -31178
12 31020
GnthP,irothaJ
;20.00
MAL ��UE ----------
MA
j B a r
C 7 ; -
.5:24 Mii4!q2
'ADrq
VENDCR
10
;310 QH ---
DA, E
-----------
-----------------------------------
POA
----------
-----------
----------------------------------
2
25.8
SLcan
Re. 7eatjor� Raiuna
-Nrj R
'
—9.'T VR2qe f nd
is 31VO
-
ISM
u
�iav C;Pit--y 5enfa 5 Inr
1a+22
l
RaicnF2stParacieRentaa114
10tAL DUE VODUR
hoh"a,)dpr put:af;Ionso T.
I�tfI4 WN Q519
pabHrq-ADR92-lS
20-64
--------
t.9:64
-A
19/14 1012t
E th i csrer t i i I P 1 aiv P
32.58+
"EAL InE VENDUR --------
P35e 5ystPXS iDc-
T ,
A/14 10/ N 0369�
CO1er
let
to(AL DUE VIiND"U'R
essive
10/14 1x/18 2211
. .,plies "i
297.52
3:4- iM
11 3112M,11141e
'51.5?
TAL DI;E t'LNDUR --------- /
ir"ana valley Dly Bul3etn
MB
AU
la/14 tbfp 21
PubHigADR92-15
49.0
S7.0
r.
it 332K,
1�/14 is/28 ,c2761
PutHr9-ADR92-8
53
10/14 WN dr3W
12 3RNC
c 7
7
r.
voDIJ
;NT BATC" P0,11 t - - - - - -- - - - - - - - -
- - - - - - - - - - - - - - - - -
----- -------------------
A 14
1u122
9 rE8?a;"3
3 31921D
t 9t - 2 2Cr
�11,
2 MOD
19 iAD5
14
j4 -
'Itte-R?1pr-9c/93
22 3.428D
j,
ns
24 311URD
t K
2 1 2 2 K
t481-4331-5328
4 31x28
teal -4;=.5-22
18 114
f281 -455;-35t6
2 3
?
442.67
16714
t j 2;�,
3-A 4 M 3 7 "A
Street Markings
5.69
la,14
Gr an d i all gy v
563.67
�t 2 t
34
9/14
,Dns
i?
762.95
12114
-1
tilJi. iiM
-Sfca are
3.244.S3
7i
30,.65 Y s
9RZ42a3742
!nrihi:?nsr.action5381
aD 1 , , I 41.3
i2t
3,4 20174
A
s30012s
mic 1
-
? t 2
7 71u �j 3 �- 7, 1 14 1 3
4.isc -.ijool IPS
.97
11 t4 1 -,
44314
12 38
A `a
J 2 C D
Aq
inn -1,31i -121'
a.
"17A� JjiE VENDOR - - - - - - - -
67.32
1v14 IV2�
Re rind
T.,
AL E 11E '-'c,4D
.caterSSo
P
c^5
GJ �;-,NDUR - - - - - - - -
AR3
�ei,4 IVR DIL I
2 3ION
5 ROOD 41/1292A
14/14 AO�
P"ar
-4� 1 4-4 j44
---------
4,b11.93
A 14
1u122
9 rE8?a;"3
3 31921D
2 31"COD
2 MOD
19 iAD5
14
28 312223
'Itte-R?1pr-9c/93
22 3.428D
j,
ns
24 311URD
51
2 1 2 2 K
t481-4331-5328
4 31x28
teal -4;=.5-22
18 114
f281 -455;-35t6
2 3
A 14
1u122
9 rE8?a;"3
R a ad M' 9 '93
654.48
14
i2/2L
'Itte-R?1pr-9c/93
j,
ns
435.25
14
l.
3tripp
18 114
14124
X32 248302
442.67
16714
t j 2;�,
3-A 4 M 3 7 "A
Street Markings
5.69
la,14
Gr an d i all gy v
563.67
�t 2 t
34
9/14
OM
762.95
12114
^-'9ZR "3
-Sfca are
3.244.S3
18/14
14122
9RZ42a3742
!nrihi:?nsr.action5381
. UN
14 18;23
3,4 20174
A
kW A)ate'F2nt
t
'n E R R 'E 'G
S T
...........
VENDOR
so.
------------------ - --------------------- * --------------------------
R
-------
----------------------------
4 4
---------
'1310C 'iPTiS
.7'
2 -IDi4
,,
I't -DO",
0k A,''11
A '2�
4.3i
foal
3 3 1fil
4u27.47
A !�Pllular T91POrwe
L ' '.r
2125
2 3*-UK1
14,'14 Ain
-;F'Sv�-' P
1r -ror
!.!3 .89
IM -444t-212'5
3
Land Trust Alliance
l.anorrust
It./14 10122 IC -39169121
Publ-TGnrlETCYi-'H'CLuu's
4.0
*§K-42le-422'2
6 31@20
j_jTAL ru"jE YENDUR --------
4.22
andscace ':est
a+'-dqcdcc-j
S 310229D 01 11419
I6/14 le123 6168
ftCa-SpPt
Landscape L
- - - - - - - -
3,2111.63
i,jlboa., Tricia
!A438.06OPI-34176 it. 31e-20
10114 10/22
R2 -:e ati,on Refund
lufAL DIJ;- VENDUR --------
Lee, iFis 1.
Q01-31478
416
22 31621A
11/14 16123
RecrL2ation Refund
L Pj 1; E V t: -N'D C R
38.62
Lee, Y,;og S.
415
19 31MA
16/14 10126
Recreation Rafund
85.0 a
WI -34,116
10A DIjE vENDUR ------
Lewis Engraving Int.
LC41SEPsiN
0114 10128 11748
7,
—Korean -Korean DpIgtn
2t.62
+oat -4095-2110
1 31020D
;lGiAL UE VENDOR --------
?0.82
a r
0.1 IAL' 11V.i.
- - - - - --------------------` - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ! - - - - - - - -
1-43L
+425 7,, 78 1: 3'22tA
i*ar;ncra inrir"Iruiltijn
--r 1416
1-4316 5
}n �D
32'2 5X88
4 3'2281
4
91/1416
6 91020 06/1418
Mar,!)r;sa
hriposa
iU1-43R-22'.9
4 31072D
Q0j-41jQ-2?59
d;1428
NrOan 4rcziesh OsQr, �al � ra'.'Arc
w14 j923
1ej14 It/ N 3`=3
19/14 1'/D 3923
19/14 101t'ld8 3423
12i I4 AQ'd
le ' ;14 IO/22 3123
jajJ4 jt/?+ „M
19/14
10/14 iU28
1v14 tom
IU14 IVI'?t `)'j
I-- '; 1 � -, 7
pe-'-'deAve
ilOI iTf I ats
P;i.!E vc-MuR ---------
Rv,qAtITI
tj L ------
p1n9i,otT628
-01 R --------
MV It
paint.
1,artds^aoe r1a It
Maim.
Maint.
ap'4sc'3np Nint.
)ENDOR
Dq UENDOR --------
1 :14 Ai22 disc iic;-9/92
.1
10! 14 1 7 -p"31r3Vcs-.15c
eLm
i9vcs-Weiendus
.t 14 lilin
122.99
122.92
6.454.98
69-67
361.99
322.71
142.37
914 ., 6
fit
t VM
n d
15.34 92
T C T
. . ..........
;.jN!
---------------------------------------
-%R Z
BATCH P0.1 TNE N��
EN �,i
'Y;
-------
-- -
rl� 4CP, P NIN
- ---- -- -------------------------
T A t
--------
;vl'.
RecreationcreAtion R2�dnd
2 '-j
lGIAL
92-reit io �'&'dnd
7
lejN
RK-EAtioa Ratund
AL rllE
PT . .-A c r ut3l 'n L?
4242S
2
Recreation R2iund
. ;2,
MI - 311;8
IDTAL Dl;E VENDUR ---------
Marg, !d'r1d
M,,v@rD
10/114 WN
p1rjgc.om&AlLg-9!14&2S
TOTAL DUE qE*4DUR --------r
122.92
3 3WtD
:till+ 18/2843t
. Ot
t22i-4019 "2"2
TV AL DUE VENDUR --------- )
4;2.911
,ji-acle recreation
Equin. li'-acleFec
I9/14 10/P
34,6584
Taint-Plavgrouna Equip
;9.48
ti41-4'41-2219
I 31022D
.GrAL DUE vENZuR
m�.,rohy. Erin P.
34 3l MR
10/14 19/28
Recreation Reiund
as
o� 78
TOTAL DUE VE WR --------
Myers, Elizabeth
MyersE
I19;14 10/284Y
W7
o � �' c0tg-tMS
lngf'o
P6.0
MI -4211Q -494t
I RON
W14 IMO
i7fill
PIR-CcaOtS-9124
?33
. 1
lr281-4319-40$32
3132H
TUTAL DUE ANDOR --------i
516.92
F, A
iti
x—il 2AIN PO,l
----- - ---------
- -
- - - - - - ---------- - - - - - -
r I I
t - Sept
4,1€'214
I t 1 14 1
7 t 92
6 2 3 6
9 i
2 3
D6 R
Z- y
rE 't' co-i Ra
J j
L R
Par4n- PhIlli'll's
L
2a,-;en?
12714 i9i2t.
1.9.37
0 aj-4R-2'l:'A
316-��E
ji;E �r.N['R
i9.
i'ars "aster
Pirk
',1 14 101i 28 3911.3
42.93
oal-,,iR3 .2210
lal
,
L " 7
Fayr,ll
3 y Tr
n transiet
35 228.E8 181.89192 882p 8d=
3 ROM'
jV1.4 Ai?w,
w1.-IM
;M00
AL --------j
raa^ey Huwe Soc.
a � � '
ivi4 AiN
Anim:qti-Rics-oct
4 137.0
+01-4431-541
1 31921E
vial LE YEDIR ---------
4.137.0
Ic IIDI "etimpent
2.474.8
Ri2t
2,161.61
.-2110-IM
6 3
P21
DOutu
4. 636.48
.,:L`!"alp
A
+
pt i nq p a,
7
E CJ G R ---------
28
tv. -D4 176
:IVAL DUE t.L-SNA ---------5
78.82
Ai.J4 lt12t
Rivreation R2iund
ij E ;" f�"j D UR - - - - - - - - -
Ij 1 v
P. a T e
i
--Ao R 9
14
1
2"At - i 0 a
i. 1 i4
'a/
6"' T /'4
':6.16
114
7'
t J :`f 1117G
6,1i
--------- "
�
16,.4b
Inc. �ecuriEmp
74
a Dt�z
3 A21E
2 ;,A
J.AL ViN"A
sc';AV
SirSfeedv
+hds 47 Y ill
731tN'c
it/14 I'Vi?
,215.21
37./5
2
AN I!8128
IK45 IM16
ColaredLett2rtpad2ndst
DUE VEOGR -------- >
1,251.96
Sun, Rera
0
R2fad
24.90
283iVaA
igAi_ DQE i-ADUR ----------
24. 0'
VEILIJ
BAT CR P.3 , i -------
---------------
- - - - - - - - - - - - - - -- - - - - - - - - - - -
.3 .1
-6 - " -nr
it r eprotpri0li
+ni -431 �--211 1 iGiBE
a I
}42? -v36-23.2
�Jry, jorala urvo
WI -45Q-4100 6 3100
Lt
21,
LADsM
NMI
G -IAL 'o'lk VENDOR --------
Pit186.51
911,54
'24
18;28c�ikCcacPrea
9x12
L -,,S
Dup VENDOR --------
4,059-76
1014 10/24 J13115:18
R2r P.a,,,jia-,MniPai
VENDOR --------
1,22
10/14 18124
tint
95.25
MAL LE vc,'0UP
f.
It/14
u L
15.63
10 -AL Di, vaDGR ------- -
15.63
It/14 10128
T&-Iet9-lU6
40.00
-1VAL DUE VENDOR --------
0.0
RLM ME: 1034 111452 E 1 S
?2
?PUN 1 4
YAMR NAN ,,EUU A.
fl iTP:i,—TKNC BUCH WSW. 1"00
------------------------ ---------------- -- -
i -al mot qa- lev on'. i
40. 7t
- ----------
19, 9. s
st t217
3
low :121
Tai
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f
fol ,455SISH
MIMS 05H
5 heh 11147
014 Wt
All
7n; site Tope TrIl
VF*N); - --------
iest
TIM
pwavo 14
Ass
i f
AM Ano
W
Dp'�Igo SiCS-�.Rltaq;e
12WO31OUS
,AL DoE '.'ENDIA --------
M, 30a
QW -?,,j,76
41S
17 31�j2;A
RaneWin Refund
65.62
31. �7.tA
Recreation Refund
3"0
-A Doi VENDOR -------- -
115.02
sina
4;
-------- >
0.00
Yayni
11A
*W-3;76
R 3'•622ARef�ind
TL*,T.'., ?itiPAID ------------
---------------- )
734.,413.12
-------------1
261,176,42
a
v
1
joN Igo 15:34 lV1492
F J
1 B S M A
.............. 'iii az
VARNSE
W'-
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-------
DO-I Auk
--------- ---- -------------- -----------
Fad
AHAD It Fat,
IV FM 202
----------
-------------
4SO2
2K
a
CITY OF DIAMOND BAR AGENDA NO.
AGENDA REPORT
TO: Honorable Mayor and City Council
MEETING DATE: October 20, 1992 ,� REPORT DATE: October 7, 1992
FROM: Linda G. Magnuson Accounting Manager
TITLE:
Treasurer's Report - August 31, 1992
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement or
the month of August 1992.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
_ Resolution(s)
_ ordinances(s)
— Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Spec. (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? Yes__?i No
3. Has environmental impact been assessed? —
4. Has the report been reviewed by a Commission? — Yes_X No
Which Commission?
5. Are other departments affected by the report? — Yes__A No
Report discussed with the following affected departments:
REV EWED BY:
Terrence L. Belanger Linda G. Magn s n
City Manager Accounting Manager
CITY COUNCIL REPORT
AGENDA N0.
MEETING DATE: October 20, 1992
TO:
Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - August 31, 1992
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the August, 1992 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
tement shows
for the vmonth ariousffunds s w th a breakdowns of bank account ecash balancesles
1992. This and
for the various
investment account balances.
As you are aware, the State of California was in turmoil over the State had thno
e
balancing of its FY92-93 budget. As a result,
authority to distribute the Motor Vehicle in Lieu, Cigarette Tax, or Gas
Tax apportionments. This has resulted in negative cash flows in the
General and the Gas Tax funds during the months of July and August. The
The City received it's normal July and August allocations during the
month of September after the State Budget was approved.
PREPARED BY:
Linda G Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
August 31, 1992
PlJl1[D
Q 1� �NG�.i. . MC4GlF;i�+7 ' w W.W.w +..
$353,840.64 $414,985.10
$3,919,55 .
GENERAL FUND
$3,980,703.77
3,258.63
TRAFFIC SAFETY FUND
617.57 2,641.06
513.10
2,365,299.19
GAS TAX FUND
2,365,812.2 9
464.54
568,234.06
TRANSIT TX (PROP A) FD
568,698.60
489,896.00
TRANSIT TX (PROP C) FD
484,222.00 5,674.00
000
FEDERAL AID URBAN FUND
0.00
7,062.30
4,750.87
12,031.52
INTEGRATED WASTE MGT FD
9,720.09
4,035.20
OTS FUND
(19,084.46) 23,119.66
15,154.11
AIR QUALITY IMPRVMNT FD
15,154.11
0.00
STATE PARK GRANT FUND
0.00
180,077.25
PARK FEES FUND
180,077.25
208.04
(208,04)
COM DEV BLOCK GRANT FUND
878.01
9,285.07
87,723.01
LANDSCAPE DIST #38 FD
96,130.07
692.39
153,788.05
LANDSCAPE DIST #39 FD
163,055.80
1,665.,475.12
37
,960.14
4
4
100,945.42
LANDSCAPE DIST #41 FD
103,755.17
453.76
492,742.09
GRAND AV CONST FUND
493,195.85
312,554.37
TRAFFIC MITIGATION FEE FD
312,554.37
27,841 50
23,932.14
CAP IMPROVEMENT PRJ FD
51,773.64
131,776.64
SB 821 FUND
131,776.64
352,646.90
SELF INSURANCE FUND
352,646.90
$395,573.43
$472,937.24
$0.00 $9,213,445.85
TOTALS
$9,290,809.66
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$157,439.02
PAYROLL ACCOUNT
753.72
CHANGE FUND
100.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$158,792.74
INVESTMENTS:
TIME CERTIFICATES
$0.00
COMMERCIAL PAPER
0.00
L.A.I.F.
9,054,653.11
TOTAL INVESTMENTS
9,054,653.11
TOTAL CASH $9,213,445.85
CITY OF DIAMOND BAR AGENDA NO.�
AGENDA REPORT
TO: Terrence L. Belanger, City Manager REPORT DATE: September 28, 1992
MEETING DATE: October 20, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Storm Drain Bond Exoneration for Private Drain Number 2145 on Tract 42564, constructed by
Bramalea California, Inc.
SUMMARY: The City of Diamond Bar desires to exonerate the surety bond posted for Storm Drain No. 2145
located on Tract No. 42564 (Leyland Drive).
RECOMMENDATION: It is recommended that the City Cofun120appprovF rt exoneration
o,t atiis onoof the bon posted
for Storm Drain No. 2145 on Tract 42564 in the amount o $ and Bramaled California
City Clerk notify the Los Angeles County, The Aetna Casualty and Surety Company
of the City Council's action.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: L.A. Co. DPW's Letter re. Board of
Supervisors' Acceptance Letter
— Agreement:
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 Yes X No
3. Has environmental impact been assessed? — Yes X No
4. Has the report been reviewed by a Commission) —
Which Commission? Yes X No
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
REVIEWED BY:
c
Terrence L. Belanger
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO:
Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Bond
land .
for storm Drain No. 2145 on
Tract No. 42564 (Leyland
ISSIIE STATEMENT
ests the exoneration of a faithful performance bond
This report requ
posted for Storm Drain No. 2145 on Tract 42564 constructed by
Bramalea California.
RECOMMENDATION
he City Council approve the exoneration of
It is recommended that t
the bond posted for Storm Drain No. 2145 on Tract 42564 in the
it is
Clerk
amount of $120,000. Further, The Aeta a y
na Casualty and Surety
notify the Los Angeles County,
Company and Bramalea California of the City Council's action.
FINANCIAL SUMMARY
This action has no impact on the City's 1992-1993 budget.
BACKGROUND
The construction of this storm drain on Leyland Drive has been
completed. Transferrance of this drain to Los Angeles Couny fo14r
maintenance was adopted by the Board of Supervisors on April
1992 and the fees involved in the transferrance procedure have now
Principal, Bramalea California. Therefore,
been fully paid by the
the surety bond posted for this drain may now be exonerated.
DISCUSSION
The following listed surety bond needs to be exonerated:
Tract No.: 42564, Storm Drain No. 2145
Bond Number: 83 SB -100390298
Principal: Bramalea California, Inc.
Surety: The Aetna Casualty and Surety Co.
Amount: $120.000 (Original Bond Amount $482,000)
Prepared By:
Anne Garvey
THOMAS A. TIDEMANSON, Director
May 14, 1992
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
Mr. Sid Jalal Mousavi
Director of Public Works
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Mr. Mousavi:
IN REPLY PLEASE
REFER TO FILE.
L-3
TRANSFER OF STORM DRAIN SYSTEMS
PRIVATE DRAIN NOS. 1862 & 2145 - CITY RESOLUTION NO. 91-35 & 91-36
Enclosed for your files is one copy of the letter which was adopted
by the Board of Supervisors and provides for this Department to
accept the transfer and conveyance of Private Drain Nos. 1862 &
2145.
Very truly yours,
T. A. TIDEMANSON
Director of Public Works
Awl JA=� .
DAVID A. DIOTALEVI
Supervising Civil Engineer III
Land Development Division
SD: ml
WP/CR1862&2145
Enc.
CITY OF DIAMOND BAR AGENDA NO.`—
AGENDA REPORT
TO: Terrence L. Belanger, City Manager REPORT DATE: September 28, 1992
MEETING DATE: October 20, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Storm Drain Bond Exoneration for Private Drain Number 1862 on Tract 31850, constructed by
Bramalea California, Inc.
erate the surety bond posted for Storm Drain No. 1862
SUMMARY: The City of Diamond Bar desires to exon
located on Tract No. 31850 (Leyland Drive and Newbury Way).
RECOMMENDATION: It is recommended that the City Councilf0 000 v the
rth exoneration
istrecommended that the
for Storm Drain No. 1862 on Tract 31850 in the amount o $
City Clerk notify the Los Angeles County, The Aetna Casualty and Surety Company and Bramalea California
of the City Council's action.
LIST OF ATTACHMENTS: -X Staff Report
_ Resolution(s)
Ordinances(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
X Other: L.A. Co. DPW's Letter re. Board of
Supervisors' Acceptance Letter
_ Agreement:
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? Majority
Yes
3. Has environmental impact been assessed? Yes
4. Has the report been reviewed by a Commission) —
Which Commission? Yes
5. Are other departments affected by the report? —
Report discussed with the following affected departments:
REVIEWED BY:
errence L. langer
City Manager
X No
X No
X No
X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L.Belanger, City Manager
SUBJECT: Exoneration of Bond for Storm Drain No. 1862 on
Tract No. 31850 (Leyland Drive and Newbury Way).
ISSUE STATEMENT
hful
erformance
nd
This reportfor Storm requests
No. 1862 on of
t31850p o
constructed by
posted
Bramalea California.
RECOMMENDATION
It is recommended that the City Council approve the exoneration of
the bond posted for Storm Drain No. 1862 on Tract 31850 in the
amount of $230,000. Further, it is recommended that the City Clerk
notify the Los nd Bramalea California sof theACity Council's aclty tion. The on
Company a
FINANCIAL SUMMARY
This action has no impact on the City's 1992-1993 budget.
BACKGROUND
The construction of this storm drain on Leyland Drive and Newbury
Way has been completed. Transferrance of this drain to Los Angeles
County for maintenance was adopted by the Board of Supervisors on
April 14, 1992 and the fees involved in the transferrance procedure
have now been fully paid by the Principal, Bramalea California.
Therefore, the surety bond posted for this drain may now be
exonerated.
DISCUSSION
The following listed surety bond needs to be exonerated:
Tract No.: 31850, Storm Drain No. 1862
Bond Number: 83 SB -100426686
Principal: Bramalea California, Inc.
Surety: The Aetna Casualty and Surety Co.
Amount: $230.000 (Original Bond Amount $952,000)
Prepared By:
Anne Garvey
THOMAS A. TIDEMANSON, Director
May 14, 1992
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
Mr. Sid Jalal Mousavi
Director of Public Works
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Dear Mr. Mousavi:
IN REPLY PLEASE
REFER TO FILE.
L-3
TRANSFER OF STORM DRAIN SYSTEMS
PRIVATE DRAIN NOS. 1862 & 2145 - CITY RESOLUTION NO. 91-35 & 91-36
Enclosed for your files is one copy of the letter which was adopted
by the Board of Supervisors and provides for this Department to
accept the transfer and conveyance of Private Drain Nos. 1862 &
2145.
very truly yours,
T. A. TIDEMANSON
Director of Public Works
jW1 JAZV "
DAVID A. DIOTALEVI
Supervising Civil Engineer III
Land Development Division
SD: ml
WP/CR1862&2145
Enc.
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 20, 1992 REPORT DATE: September 24, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Reduction of $19,920 Grading Security Bond for 23107 E. Ridgeline Road
SUMMARY: The City received a request from Mr. Hamendra Rana, the Owner of a single family residence
at 23107 E. Ridgeline Road, Diamond Bar. Mr. Rana has requested that the City reduce the $19,920 grading
security bond.
RECOMMENDATION: It is recommended that the City Council approve the reduction of the $19,920 grading
security bond to $4,000 for 23107 E. Ridgeline Road.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
Ordinances(s) X Other: Final Grading Certificate
_ Agreement(s)
EXTERNAL DISTRIBUTION:
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? _ Yes X No
Which Commission?
5. Are other departments affected by the report? Yes X No
Report discussed with the following affected departments:
EWED BY:
rrence L. Belanger pe, George Wentz -
City Manager Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Reduction of $19,920 Grading Security Bond For 23107
E. Ridgeline Road.
ISSUE STATEMENT
This report requests the reduction of a grading security bond
posted with Los Angeles County for grading of a single family
residence at 23107 E. Ridgeline Road.
RECOMMENDATION
It is recommended that the City Council approve the reduction of
the.$19,920 grading security bond to $4,000 for 23107 E. Ridgeline
Road. Further, it is recommended that the City Clerk notify the
Los Angeles County, The Citicorp Savings and Mr. and Mrs. Rana of
the City Council's action.
FINANCIAL SUMMARY
This recommendation will have no financial impact on the City's
Fiscal Year 1992-93 budget.
BACKGROUND/DISCUSSION
In February, 1989 the County of Los Angeles issued the Owner Mrs.
Shachi Rana a grading permit for a single family residence at 23107
E. Ridgeline Road. Rough grading was approved by the City in
February 1990 and the building permit was then issued by the City.
Final grading was inspected and signed off subject to planting of
slopes in April of 1992, by the City of Diamond Bar's Public Works
Inspector. Slopes have now been planted and landscaping is in
place. However, the landscaping has still to be inspected and
signed off by the City. Therefore, the grading bond may now be
reduced by $15,920 with $4,000 retained for security for the
landscaping.
The following listed surety bond needs to be reduced to:
Address: Lots 35 and 36 of Tract 30091
Bond Number: 040000588679
Principal: Hamendra T. Rana
Surety: Citicorp Savings, 18847 E.Colima Road, Rowland
Heights
Amount: $4,000
Prepared By:
Anne M. Garvey
'
_ ITrY Off' DIAMOND T�R
�21660 E. COPLEY DRIVE, SUITE IOU.
DIAMOND BAR, CA 91765
714 -860 -CITY 714860-2489
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS, 23107 E. Ridgeline, Diamond Bar, CA PERMIT NO.
OWNER Dr. Hamendra Rana CONTRACTOR.
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lots were installed upon competent
and properly prepared base material and compacted in compliance with requirements o --
Building Code Section 7010. I further certify that where the report or reports of a:
engineering geologist, relative to this site, have recommended the installation of buttress
fills or other similar stabilization measures, such earthwork construction has beer
completed in accordance with the approved design.
LOT NOS.
See report dated for compaction test data, recommended allowable soil
bearing values and other recommendations.
EXPANSIVE SOILS (YES) (NO) LOT NOS.
BUTTRESS FILLS (YES) (NO) LOT NOS.
REMARKS
.gineer
signature
Reg. No
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
Date
I certify to the satisfactory completion of rough grading including: grading to approximate
final elevations, property lines located and staked; cut and fill slopes correctly grades
and located in accordance with the approved design; swales and terraces graded ready for
paving, berms installed; and required drainage slopes provided on the building pads. I
further certify that where report or reports of an engineering geologist and/or soils
engineer have been prepared relative to this site, the recommendations contained in such
reports have been followed in the presecution of _thr- work.
LOT NOS. NO'Tc=S, I2_L�-: 3'� Zf 36 %o j,>L-
RE LARKS l'� t� S L O c=S �q S �c:: )2 C ,2�► U to] (' CD+2 I'-->1,4ua to Cc= CLQ el 22 Tt 72 7c] L -f C
Engineer Reg. No. Date 4— 20—
SUPERVISING
0—
SUPERVISING GRADING ENGINEER'S FI'TAL
I certify to the satisfactory c
All required drainage devices h
t� •exr- �y-st-e�er� - p rovice� - (w he r a- re
of surface craters from each bui
or engineering geologist (if su
LoT NOS _ 35 & 36, Tract 30091
REMARKS This Certification relates to rev
Engineer
PETER F. PFEIC
CATION
Taate
g in accordance with the approved plans.
=1 -up -L-- lanting-estabIished-anti- provisions have been made for drainage
commendations of the soils engineer and/
loyed) have been incorporated in the work
(This Certification does not include
leted work as shown above.)
adi
lan dated 11/20/91 Revision #1
Reg".' No. C 12507 Date 4/8/92
C
.&-T-
I
lT
I am the owner of a savings account at Citicorp Savings, a federal savings and loan association, at its branch
office at 18 8 4 7 E Colima Rd, Rowland Heights 917 4 8, California, investment Certificate No.
040000588679 inthenamesof Hamendra T Rana
having a present balance of $ 19 , 9 2 0. 0 0
I hereby grant, transfer and assign said account, said Investment Certificate, said balance (including interest
which accrues thereon — excepting interest accrued thereon*), and all other rights in connection therewith to
L.A. County Public Works assignee, for a good and valuable consideration, receipt of which
is hereby acknowledged.
I have physically delivered said Investment Certificate and duplicate of this Assignment and Receipt to said
assignee.
I understand that assignee can withdraw from said account any time on his signature alone upon presentation
to the Association of the Investment Certificate. I also understand that I may not withdraw from said account
unless I present said Investment Certificate and the signature of assignee approving said withdrawal. The
Association assumes no responsibility for the conduct of assignee and may act on the signature of the
assignee without further inquiry.
Executed on
February 2nd
'Cross out inapplicable section
19 8 9 at said office of the Association
14.r-ko-"A.
Acknowledgement By
The above Vescribed assignment has been noted on the
Date
By
Instructions To Assignee
Assignor
Assignor
Please sign below for signature identification and as acknowledgement of your notice of assignment and as receipt
of said Investment Certificate. Return this Assignment and Receipt to the Association at its address above. Retain
one copy of this Assignment and Receipt for your
'Z -a 89
Oate
Release By Assignee
The undersigned hereby releases and relinquishes all his right, title and interest in and to said account, said Invest-
ment Certificate, said balance, and all other rights in connection therewith.
Date Assignee's Signature
CCS 137 (9/63)
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. h' /
TO: Terrence L. Belanger , City Manager
MEETING DATE: October 20, 1992 REPORT DATE: September 14, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Approval of Tract Map No. 31977 located generally along Highcrest Drive and Goldrush Drive.
SUMMARY: This project which involves the construction of a 22 lot residential development. The lots will
range in size from 20,000 square feet to 109,734 square feet has been submitted to the City of Diamond Bar
for a final tract map approval.
RECOMMENDATION: That the City Council (1) approve the attached Tract Map No. 31977; (2) authorize
the Mayor to execute the Subdivision Agreement; (3) authorize the Interim City Engineer to sign the map; and
(4) direct the City Clerk to process the map for recordation.
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 Tract Map Subdivision Agreement
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?
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:
Planning
VIEWED BY:
errence L. Belanger G ge . V
City Manager Intefim City
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terry Bellanger, City Manager
SUBJECT: Tract Map No. 31977
ISSUE STATEMENT
Approve Tract Map No. 31977 located either side of Highcrest Drive
between Goldrush and Armitos, north of Goldrush Drive, south of
Cromarty Drive and west of Radbury Place in the City of Diamond
Bar. This project is a 22 lot single family home development on a
sixteen acre site.
RECOMMENDATION
It is recommended that the City Council: (1) approve the attached
Final Tract Map No. 31977 and Subdivision Agreement; (2) authorize
the Mayor to execute the Subdivision Agreement; (3) authorize the
City Engineer to sign the map; and (4) direct the City Clerk to
certify and process the map for recordation.
FINANCIAL SUMMARY
Approval of the map will not have any impact on the City's 1992-93
budget.
BACKGROUND
Tentative Tract Map No. 31977 was originally submitted and approved
by Los Angeles County Planning Department as twenty two single
family lot on a sixteen acre site. This map is a non -vesting
Tentative Tract Map.
After a seies of public hearings at City of Diamond Bar Council
Meetings on November 21, 1989 through February 6, 1990, Tentative
Tract Map 31977 was conditionally approved and Resolution No. 90-16
adopted by the City Council.
A one year extension of time was applied for by the Developer
Andrew King. A duly noticed public hearing on the subject matter
was held by the Planning Commission on March 23 and April 13, 1992.
Upon conclusion of said public hearing, the Planning Commission
carried unanimously to recommend to the City Council a one year
continuance to the project subject to the already approved grading
plans being modified to substantially comply with the Hillside
Development Ordinance.
Tract Map No. 31977
October 20, 1992
The City Coucil conducted a duly noticed public hearing on May 19
and approved a six month time extension. The approval included
several conditions including implementation of single driveways,
submission of landscaping and irrigation plans and CC&Rs. On June
2, 1992 the City Council adopted Resolution No. 92-35 which
included all of the required conditions of approval.
DISCUSSION
As a result of Resolution No. 92-35, the map and grading plans were
adjusted to meet all of the concerns of the City. The grading
plans have now been approved by the City from a grading and soils
point of view.
According to the utility companies and other agencies which will be
servicing this project, all of their conditions have been met. All
offsite sewer, storm drain and street improvements for the Tract
have been installed. A grading bond of $253,800 has been taken by
the City and will not be released until all slope planting and
irrigation is complete. A $6,400 monumentation bond is also being
held by the City.
Prepared By:
Anne M. Garvey
Engineering Technician
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terry Bellanger, City Manager
SUBJECT: Tract Map No. 31977
ISSUE STATEMENT
Approve Tract Map No. 31977 located either side of Highcrest Drive
between Goldrush and Armitos, north of Goldrush Drive, south of
Cromarty Drive and west of Radbury Place in the City of Diamond
Bar. This project is a 22 lot single family home development on a
sixteen acre site.
RECOMMENDATION
It is recommended that the City Council: (1) approve the attached
Final Tract Map No. 31977 and Subdivision Agreement; (2) authorize
the Mayor to execute the Subdivision Agreement; (3) authorize the
City Engineer to sign the map; (4) direct the City Clerk to certify
and process the map for recordation; and (5) direct that no lots be
sold until the Covenants, Conditions and Restrictions (CC&Rs) are
recorded.
FINANCIAL SUMMARY
Approval of the map will not have any impact on the City's 1992-93
budget.
BACKGROUND
Tentative Tract Map No. 31977 was originally submitted and approved
by Los Angeles County Planning Department as twenty two single
family lot on a sixteen acre site. This map is a non -vesting
Tentative Tract Map.
After a seies of public hearings at City of Diamond Bar Council
Meetings on November 21, 1989 through February 6, 1990, Tentative
Tract Map 31977 was conditionally approved and Resolution No. 90-16
adopted by the City Council.
A one year extension of time was applied for by the Developer
Andrew King. A duly noticed public hearing on the subject matter
was held by the Planning Commission on March 23 and April 13, 1992.
Upon conclusion of said public hearing, the Planning Commission
carried unanimously to recommend to the City Council a one year
continuance to the project subject to the already approved grading
plans being modified to substantially comply with the Hillside
Development Ordinance.
Tract Map No. 31977
October 20, 1992
The City Coucil conducted a duly noticed public hearing on May 19
and approved a six month time extension. The approval included
several conditions including implementation of single driveways,
submission of landscaping and irrigation plans and CC&Rs. On June
2, 1992 the City Council adopted Resolution No. 92-35 which
included all of the required conditions of approval.
DISCUSSION
As a result of Resolution No. 92-35, the map and grading plans were
adjusted to meet all of the concerns of the City. The grading
plans have now been approved by the City from a grading and soils
point of view.
According to the utility companies and other agencies which will be
servicing this project, all of their conditions have been met. All
offsite sewer, storm drain and street improvements for the Tract
have been installed. A grading bond of $253,800 has been taken by
the City and will not be released until all slope planting and
irrigation is complete. A $6,400 monumentation bond is also being
held by the City.
Prepared By:
Anne M. Garvey
Engineering Technician
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 20, 1992 REPORT DATE: October 13, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Annexation of street lights to the Los Angeles County Lighting Maintenance District (LMD) 10006
and County Lighting District LLA -1
SUMMARY: In order to provide funds for operation and maintenance of street lights which are bounded by
Diamond Bar Boulevard, Fountain Springs Road, Cold Springs Lane, and Brea Canyon Channel, it is necessary
to incorporate said street lights into the County LMD 10006 and County Lighting District LLA -1.
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 92 -XX granting
consent and jurisdiction to the County of Los Angeles to annex street lights within said territory, as shown on
the attached map, within the City of Diamond Bar. Further, it is recommended that the City Clerk be directed
to provide two (2) executed copies of the Resolution of the City Council action to the Los Angeles County
Department of Public Works.
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)
X Other: Vicinity Mav
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: N/A
IEWED B /
&A"q
Terrence L. Belanger rge A.
City Manager Interim Ci
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Annexation of street lights to the Los Angeles County Lighting
Maintenance District (LMD) 10006 and County Lighting District LLA -1
ISSUE STATEMENT
To annex street lights within the City of Diamond Bar to the Los Angeles
County Lighting Maintenance District (LMD) 10006 and County Lighting District
LLA -1 -
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 92 -XX granting
consent and jurisdiction to the County of Los Angles to annex street lights
within said territory, as shown on the attached map, within the City of
Diamond Bar. Further, it is recommended that the City Clerk be directed to
provide two (2) executed copies of the Resolution of the City Council action
to the Los Angels County Department of Public Works.
FINANCIAL SUMMARY
The proposed recommendation has no impact on the City's Fiscal Year 1992-93
budget.
BACKGROUND
The public interest, convenience and necessity requires the maintenance of a
street lighting system encompassed within Diamond Bar Boulevard, Fountain
Springs Road, Cold Springs Lane, and Brea Canyon Road. Since, operation and
maintenance of street lights are accomplished through lighting districts, the
County of Los Angles has requested to include subject street lights into LMD
1006 and Lighting District LLA -1.
DISCUSSION
To provide funds for operation and maintenance of street lights, the area as
shown on the attached map, needs to be annexed into the County LMD 10006 and
County Lighting District LLA -1. Prior to annexation procedures can be
consummated, however, the County of Los Angeles needs to be granted
permission from the City of Diamond Bar.
PREPARED BY:
David G. Liu
Tseday Aberra
,---"PROPOSEI'ANNEXATION TO COUNTY
LIGHTING MAINTENANCE DISTRICT
10006 AND COUNTY LIGHTING
DISTRICT LLA -1
pg0JECT 96 -62,
`c
0 2S ~ t54 R 7S
0 100 200 X00
FEET
LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS
TRAFFIC AND LIGHTING DIVISION
CITY OF
D 1 AMONG BAR ZONE
•..JbI D. PH/LL/PS SAKES I- = 200
sitcomw9MO[0 Ut
,Vt�Or W r
TG 98 ,a `
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
THOMAS A. TIDEMANSON, Director
September 8, 1992
Mr. Terry Belanger
Acting City Manager
City of Diamond Bar
21660 East Copley Drive
Suite 100
Diamond Bar, CA 91765
Dear Mr. Belanger:
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (818) 458-5100
ANNEXATION TO COUNTY
LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LLA -1
CITY OF DIAMOND BAR ZONE
PROJECT NUMBER 96-62
The area shown on the enclosed map is
annexation to the subject lighting districts
funds for the operation and maintenance of
installed by the developer. Since this
boundaries of the City of Diamond Bar, we will
the City Council before the annexation
consummated.
ADDRESS ALL CORRESPONDENCE TO:
P.O.BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE.
T-3
being processed for
in order to provide
street lights to be
area is within the
need permission from
procedures can be
Enclosed are three copies of a Resolution Granting Consent and
Jurisdiction to the County of Los Angeles in the matter of annexing
this area to the subject lighting districts.
Please present this Resolution to the Council for their
consideration as soon as possible. Upon the Council's adoption of
the Resolution, please have two copies executed and returned to
this Department for further processing. You may keep the remaining
copy for your records.
If you have any questions regarding this matter, please contact
Mr. Steve Lau of our Traffic and Lighting Division, Street Lighting
Section, at (818) 458-5926.
Very truly yours,
T. A. TMAPubl
Direct NSON
I of Public Works
SL:cs
P96-62
Enc.
AGENDA ITEM NO. 6.1
NO DOCUMENTATION AVAILABLE
October 15, 1992
City of Diamond Bar
21660 E. Copley
Suite 100
Diamond Bar, Ca. 91765
Dear Mayor Jay Kim and
Diamond Bar City Council,
We would sincerely appreciate the council's support in our request for
a proclamation for the week of October 26 through October 30, 1992, for
the national SAY NO TO DRUGS campaign.
We at Evergreen Elementary School are exuberant about our program for
Red Ribbon Week, and we want the people of Diamond Bar to be aware of
our enthusiasm. We want them to know how the children, our future and
their s, are dedicated to the fight against drugs.
This year's students from three different levels of education:
Diamond Bar High, Chapparal Junior High, and Evergreen Elementary have
banded together to make this one week a time that will not be
forgotten.
On October 26, 1992, at 1:30 p.m., our program will kick off with
Diamond Bar High School's renowned vocalists, marching band, and the
entire cheer leading squad performing for the Evergreen student body.
In addition, an international and four -time regional champion vocalist
(portraying the Evergreen Eagle) will tour the classrooms singing out
against drugs.
A "SANE" deputy and his partner from the Sheriff's department will be
participating in our SAY NO TO DRUGS program as well. With the aide
an "almost human" (talking/singing/crying) truck, the deputy and his
aide will educate and entertain our students about drugs.
Many local merchants are involved through their generous donations,
and teachers and parents alike are volunteering their time gathering
supplies and arranging the final details for this special week.
Throughout Red Ribbon Week our students will be involved in various
activities. One such activity will be the decorating of Ralphs' and
Luckys' grocery bags with SAY NO TO DRUGS messages. Each bag will
contain a SAY NO TO DRUGS commitment letter from the Sheriff's
department. These bags will be returned to the grocery stores for the
customers' use. The intent of this activity is to further involve the
community in our fight against drugs.
Another activity will be the making of paper circles (one by each and
every child) which will be linked together to form an enormous chain.
This chain will be displayed at the entrance to our school and show all
that view it that we at Evergreen are united in our stand against
drugs.
On behalf of all the students, teachers, parents and local merchants
involved, we thank you for considering our request for proclamation.
With sincere appreciation from the Evergreen Community Club,
Cathy Go dson
Chairperson
Red Ribbon Week
&'/-�13S
Shelley Fa der
Chairperson
Red Ribbon Week
(26A4� (�o e0sah
Red Ribbon Week
October 26-30, 1992
Drug Free - You and Me
Linking Together Drug Free
Monday • Distribute Red Ribbons
• Display banners in front of school, kindergarten
and classroom door posters
• Each classroom makes chain decorated and bearing
students names
• Pass out pledge sheets with parent note and Red
Ribbons for parents cars
• Vocalist, DBHS Band, and Cheerleading Squad
kickoff at 1:30 P.M.
Tuesday • Collect links from classrooms, (linked together) and
send to Room 1
• Teacher gives red licorice daily to each child who
returns their pledge sheet
• Wear Red Ribbons
Wednesday • Wear Red Day
• Decorate grocery bags and insert Sheriff's letter
• Wear Red Ribbons
Thursday • Energetic Evergreen Eagle will visit each classroom
with a group song
• Wear Red Ribbons
Friday • Deputy Bryant's "live" truck will speak and perform
for each grade level
• Videotape at lunch, "All Stars to the Rescue"
• Wear Red Ribbons
Please have students leave their Red Ribbons in the classroom at the
end of each day, for the following day. On Friday, Red Ribbons may
be worn home.
Cathy Goodson
Shelley Faeder, Co -Chairpersons
Time:
AGENDA
Red Ribbon Week
At
Evergreen Elementary School
October 26th at 1:30 P.M.
Program length in its entirety: 30 minutes
Participants: Vocalisi�a`f n {tel r j Yl e-�^ 3a r
t `1
20 member band from DBHS�T'
Cheerleading Squad S�e^rt%j -be-Ca.
0�3o .Pro1-'h
<5
Content: Progra should a "Just say No to
drugs" theme. It needs to be age appropriate
for kindergarten through 5th grade children.
Please call us when you have prepared a tentative program. We would
like to review it during a practice.
We really appreciate the role model your fine students will represent to
our future high schoolers.
Sincerely,
Cathy Goodson (861-6188)
Shelley Faeder (860-9646)
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. r I
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 20, 1992 REPORT DATE: October 14, 1992
FROM: George A. Wentz, Interim City Engineer
TITLE: Policy for Funding Traffic Signals at Private and Public Street Intersections
SUMMARY: The City of Diamond Bar through the Traffic and Transportation Commission has identified
private and public street intersections within Diamond Bar that may be candidates for traffic signals.
Responsibility for funding costs associated with related installations, is a matter which needs resolution. As
a result, the Commission has prepared and proposed to the City Council, the criteria to be utilized in
determining responsibility for costs for installation of traffic signals. This matter was discussed by the
Commission on August 13, 1992 and October 10, 1992 for direction.
RECOMMENDATION: The Traffic and Transportation Commission recommends that the following policy
be established in order to determine the parties responsible for funding traffic signal installations at
public/private street intersections.
1. New Development: The cost associated with the traffic signal will be borne 100% by the developer of the
private street or driveway. Signals shall be installed at no cost to the City.
2. Existing Commercial Development: Cost participation shall be shared based upon the number of legs at
the intersection. If it is a T -intersection and one leg is private, it would be split on a 1/3 private
contribution, 2/3 public. If it is a four -legged intersection, one lane private, it would be a 3/4 public, 1/4
private sharing of the costs, etc.
3. Existing Residential Subdivision: If intersecting a public street, the cost shall be borne 100% by the City
of Diamond Bar.
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 TLT Commission Minute - _____
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? Traffic and Transportation Commission
5.
Are other departments affected by the report?
X Yes_ No
Report discussed with the following*fected departments: Community
Development
1errence L. Belanger U Geor$e A. Wentz
City Manager Inte m City Engi
CTTV COUNCa. MnaRT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Policy for Funding Traffic Signals at Private and Public
Street Intersections
ISSUE STATEMENT
A policy for funding traffic signals on private and public street
intersections should be developed.
RECOMMENDATION
The Traffic and Transportation Commission recommends that the City Council
adopt the following policy in order to determine the parties responsible for
funding the installation of traffic signals on private and public street
intersections.
1. New Development: The cost associated with the traffic signal will be
borne 100% by the developer of the private street or driveway. Signals
shall be installed at no cost to the City.
2. Existing Commercial Development: Cost participation shall be shared
based upon the number of legs at the intersection. If it is a T -
intersection and one leg is private, it would be split on a 1/3 private
contribution, 2/3 public. If it is a four -legged intersection, one leg
private, it would be a 3/4 public, 1/4 private sharing of the costs,
etc.
3. Existing Residential Subdivision• If intersecting a public street, the
cost shall be borne 100% by the City of Diamond Bar.
FINANCIAL SUMMARY
The City's fiscal impact will be evaluated on a case-by-case and fair share
bases.
BACKGROUND
The desire to better manage traffic circulation, to balance the need for free
traffic flow and to reduce the possibilities of safety hazard, has encouraged
the residents of Diamond Bar to appear before the Traffic and Transportation
Commission.
The Traffic and Transportation Commission has been asked to consider the
installation of traffic signals at private and public street intersections
(i.e. Diamond Bar Boulevard at Shadow Canyon Drive, Golden Springs Drive at
Racquet Club Road, etc.)
Page Two
Funding of Traffic Signals
October 20, 1992
DISCUSSION
There are insufficient funds or other resources to improve all locations that
are presently warranted for signalization. Currently, the City has budgeted
funds towards the construction of traffic control signals related to the
Capital Improvement Program (CIP).
The following are locations and priorities for signal installations as
established by the Traffic and Transportation Commission.
1. Pathfinder Road/Brea Canyon Road
2. Diamond Bar Boulevard/Shadow Canyon Road
3. Golden Springs Drive/Prospectors Road
4. Golden Springs Drive/Golden Prados Drive
5. Golden Springs Drive/Carpio Drive
6. Diamond Bar Boulevard/Northbound State Route 57
7. Brea Canyon Cut-off Road/Fallow Field Drive
In addition, for a private and public street intersection, it is necessary
that the City evaluate each request on a case-by-case and fair share bases.
A request to install new traffic signals (or upgrading existing signalized
locations) may originate from various sources. The most common sources
include: engineering staff, police department, government officials,
developers and general public. Regardless of the source, however, it is the
responsibility of the City of Diamond Bar to determine whether such requests
are indeed justified.
Staff recommends that the following alternative be considered as a policy for
funding signals at private and public residential street intersections be
based on a cost share approach instead and that new developments could be a
source for 100% funding as a condition of approval.
Prepared By:
David G. Liu
Tsedav Aberra
April 9, 1992
Page 7
CE/Mousavi, in response to Chair/Chavers, stated
that the City should have the schedule, of the
slurry seal contractor, by the first week of May.
The motion and the second was rescinded.
Motion was made by C/Beke, seconded by C/Ury and
CARRIED UNANIMOUSLY to accept staff's recommenda-
tion, and after the slurry seal project, if
warranted, install the crosswalk before the fall
school year begins, as well as put in the
appropriate striping at the same time. Staff is
directed to make a good faith effort to expedite
the installation of the crosswalk, if the slurry
seal is completed early, and it is deemed
CE/Mousavi, in response to C/Ury's inquiry,
explained that one of the arguments to charge
private developments is because gas tax monies are
only paid for improvements on public streets, and,
generally, streets are maintained by the gas tax
monies. Also, other funding available are usually
for public streets only, not private. Another
argument is that private developments are the sole
users of those intersections, and a signal would
not be needed had it not been for that development.
It is a policy issue for the Commission to discuss.
C/Ury stated that those people in the private areas
are paying gas tax monies, and also pay for the
maintenance of their private roads, at no cost to
the City. VC/Gravdahl concurred.
warranted.
AYES: COMMISSIONER: Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Policy fog
CE/Mousavi reported that, on October 10, 1991, the
funding ttraff.
Commission received a priority list with two
_ si n�— a s n
categories included: those intersections with
priv. & public
completed warranted studies; and candidate
intersections
intersections for warrant studies. The Commission
requested that private/public street intersections
be placed in a special category until a policy for
funding of traffic signals on such intersections is
developed. It is recommended that the Commission
discuss the matter and consider the option of using
number of lanes to determine the fair share cost to
fund traffic signals on private/public street
intersections, as indicated in the staff report,
and forward the recommendation to the City Council.
CE/Mousavi, in response to C/Ury's inquiry,
explained that one of the arguments to charge
private developments is because gas tax monies are
only paid for improvements on public streets, and,
generally, streets are maintained by the gas tax
monies. Also, other funding available are usually
for public streets only, not private. Another
argument is that private developments are the sole
users of those intersections, and a signal would
not be needed had it not been for that development.
It is a policy issue for the Commission to discuss.
C/Ury stated that those people in the private areas
are paying gas tax monies, and also pay for the
maintenance of their private roads, at no cost to
the City. VC/Gravdahl concurred.
April 9, 1992
ITEMS FROM
COMMISSIONERS:
ITEMS FROM
STAFF:
Page 8
C/Beke stated that if the signal is going to be
warranted, because of accidents for example, the
accidents are all going to occur on the public
street.
Motion was made by C/Beke, seconded by C/Ury and
CARRIED to recommend to the City Council that they
adopt a policy with regard to funding of signals at
private street or driveway intersection with public
highways along these lines:
o Proposed Development - The cost of the signal
would be borne 100% by the developers on the
private street. It would be done at no cost
to the City.
o Existing Development (involving commercial
property) - The cost be shared based on the
number of lanes at the intersection. if it is
a T -intersection, and one lane is private, it
would be split on a 1/3 private street
contribution, 2/3 public. If it is a four
legged intersection, one lane private, it
would be a 3/4 public, 1/4 private sharing of
the costs.
o Existing Residential Subdivision street coming
into a Public street - The cost be borne 100%
by the City.
AYES: COMMISSIONER: Ury, Beke, Cheng, and
VC/Gravdahl.
NOES: COMMISSIONERS: Chair/Chavers.
ABSENT: COMMISSIONERS: None.
C/Beke suggested that the island at Grand and
Montefino may have to be extended past the library
to help Century 21.
CE/Mousavi, in response to C/Beke's inquiry,
explained that, other than what has already been
approved by the Commission, only those additional
requests made by St. Denis for parking exemptions
for special occasions will come to the Commission
for approval.
CE/Mousavi, in response to VC/Gravdahl, stated that
the "Reduce Speed Ahead" signs should have been
installed on Diamond Bar Boulevard. Staff will
check into the matter.
CE/Mousavi announced that this is his last meeting
with the Commission. He thanked the Commission for
the opportunity to have worked with them.
1 tT?i
August 13, 1992
Funding traffic
signals on
public & private
intersections
Page 9
participation program, and discuss
options of what can be done.
AYES: COMMISSIONERS: U r y, C h e n g
Chair/Chavers.
NOES: COMMISSIONERS: Beke.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: VC/Gravdahl.
technical
and
AA/Aberra reported that the matter, regarding the
policy for funding traffic signals on private and
public street intersections, is brought before the
Commission to clarify the intent of item #3,
Existing Residential Subdivision, as presented in
the staff report, prior to presentation to the City
Council. Based on the criteria as presently
stated, a signal such as the one proposed for
Diamond Bar Blvd. and Shadow Canyon Drive would be
funded by the City. This differs from staff's
understanding of the intent. It is recommended
that signals at private street intersections either
be based on a pro -rated basis or be funded 100% by
the applicant.
Chair/Chavers confirmed the Commission's intentions
on the issue, as it is stated in the Minutes of the
April 9, 1992 meeting. He inquired if the policy
developed by the Commission would create a funding
conflict.
AE/Liu stated that, as of this date, the City has
not collected any money from the JCC development,
which is a development that will be contributing
their fair share towards the traffic signal at
Shadow Canyon and Diamond Bar Boulevard, nor from
"The Country".
Motion was made by C/Beke, seconded by C/Ury and
CARRIED UNANIMOUSLY to deny staff's recommendation
and to affirm the Commission's previously stated
position, as indicated in the Minutes of April 9,
1992, that a residential subdivision street,
whether they be public or private, intersects a
public highway, a traffic signal will be paid for
100% by the City.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Ury, Beke, Cheng, and
Chair/Chavers.
None.
None.
VC/Gravdahl.
April 9, 1992
Page 7
CE/Mousavi, in response to Chair/Chavers, stated
that the City should have the schedule, of the
slurry seal contractor, by the first week of May.
The motion and the second was rescinded.
Motion was made by C/Beke, seconded by C/Ury and
CARRIED UNANIMOUSLY to accept staff's recommenda-
tion, and after the slurry seal project, if
warranted, install the crosswalk before the fall
school year begins, as well as put in the
appropriate striping at the same time. Staff is
directed to make a good faith effort to expedite
the installation of the crosswalk, if the slurry
seal is completed early, and it is deemed
warranted.
AYES: COMMISSIONER:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Ury, Beke, Cheng,
VC/Gravdahl, and
Chair/Chavers.
None.
None.
Policy for
CE/Mousavi reported that, on October 10, 1991, the
funding traff.
Commission received a priority list with two
signals on
-
categories included: those intersections with
pri�v. & public
completed warranted studies; and candidate
Intersections
intersections for warrant studies. The Commission
requested that private/public street intersections
be placed in a special category until a policy for
funding of traffic signals on such intersections is
developed. It is recommended that the Commission
discuss the matter and consider the option of using
number of lanes to determine the fair share cost to
fund traffic signals on private/public street
intersections, as indicated in the staff report,
and forward the recommendation to the City Council.
CE/Mousavi, in response to C/Ury's inquiry,
explained that one of the arguments to charge
private developments is because gas tax monies are
only paid for improvements on public streets, and,
generally, streets are maintained by the gas tax
monies. Also, other funding available are usually
for public streets only, not private. Another
argument is that private developments are the sole
users of those intersections, and a signal would
not be needed had it not been for that development.
It is a policy issue for the Commission to discuss.
C/Ury stated that those people in the private areas
are paying gas tax monies, and also pay for the
maintenance of their private roads, at no cost to
the City. VC/Gravdahl concurred.
August 13, 1992
Page 9
participation program, and discuss technical
options of what can be done.
AYES: COMMISSIONERS: Ury, Cheng, and
Chair/Chavers.
NOES: COMMISSIONERS: Beke.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: VC/Gravdahl.
Funding traffic
AA/Aberra reported that the matter, regarding the
signals on
policy for funding traffic signals on private and
public & private
public street intersections, is brought before the
intersec ions
Commission to clarify the intent of item #3,
Existing Residential Subdivision, as presented in
the staff report, prior to presentation to the City
Council. Based on the criteria as presently
stated, a signal such as the one proposed for
Diamond Bar Blvd. and Shadow Canyon Drive would be
funded by the City. This differs from staff's
understanding of the intent. It is recommended
that signals at private street intersections either
be based on a pro -rated basis or be funded 100% by
the applicant.
Chair/Chavers confirmed the Commission's intentions
on the issue, as it is stated in the Minutes of the
April 9, 1992 meeting. He inquired if the policy
developed by the Commission would create a funding
conflict.
AE/Liu stated that, as of this date, the City has
not collected any money from the JCC development,
which is a development that will be contributing
their fair share towards the traffic signal at
Shadow Canyon and Diamond Bar Boulevard, nor from
"The Country".
Motion was made by C/Beke, seconded by C/Ury and
CARRIED UNANIMOUSLY to deny staff's recommendation
and to affirm the Commission's previously stated
position, as indicated in the Minutes of April 9,
1992, that a residential subdivision street,
whether they be public or private, intersects a
public highway, a traffic signal will be paid for
100% by the City.
AYES: COMMISSIONERS: Ury, Beke, Cheng, and
Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: VC/Gravdahl.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 20, 1992 REPORT DATE: October 14, 1992
FROM: James DeStefano, Community Development Director
TITLE: Zoning Code Amendment No. 92-3, a City initiated request to amend Chapter 22.28 of the Los
Angeles County Code pertaining to permitted and conditionally permitted uses within the C -M, Commercial
Manufacturing Zone.
SUMMARY: In October of 1990 the City Council adopted Interim Ordinance No. 15 (1990) which restricts
a variety of land uses within the C -M Zone. The purpose of the interim ordinance was to provide time for the
General Plan to be crafted and avoid the possibility of permitting land uses which may not be compatible with
the General Plan under development at that time. The adoption of the General Plan and the pending expiration
of the Interim Commercial Manufacturing Ordinance, establishes the need to revise the existing permitted and
conditionally permitted land uses within the five areas of our City zoned C -M. The Planning Commission
concluded its review of the revisions to the C -M Zone on October 12, 1992.
RECOMMENDATION: It is recommended that the City Council adopt an Ordinance entitled AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER
22.28 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO
PERMITTED AND CONDITIONALLY PERMITTED LAND USES WITHIN THE C -M, COMMERCIAL
MANUFACTURING ZONE.
LIST OF ATTACHMENTS:—X Staff Report
Resolutions)
X Ordinances(s)
_ Agreement(s)
Other
X Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
EXTERNAL DISTRIBUTION: NOTE: Copies of the Draft Ordinance are available for public review at
City Hall.
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes _ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? X Yes _ No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? PLANNING COMMISSION
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
Y.
erprenceNL. langer Ja es DeStefano
City Manager Community Development Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 20, 1992
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Zoning Code Amendment No. 92-3; City initiated
request to amend Chapter 22.28 of the Los Angeles County Code
pertaining to permitted and conditionally permitted uses within the
C -M, Commercial Manufacturing Zone.
ISSUE STATEMENT: In October of 1990 the City Council adopted
Interim Ordinance No. 15(1990) which restricts a variety of land
uses within the C -M Zone. The adoption of the General Plan and the
pending expiration of the Interim Commercial Manufacturing
Ordinance, establishes the need to revise the existing permitted
and conditionally permitted land uses within the five areas of our
City zoned C -M.
RECOMMENDATION: It is recommended that the City Council adopt
an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING CHAPTER 22.28 OF THE LOS ANGELES COUNTY
CODE, AS HERETOFORE ADOPTED, PERTAINING TO PERMITTED AND
CONDITIONALLY PERMITTED LAND USES WITHIN THE C -M, COMMERCIAL
MANUFACTURING ZONE.
BACKGROUND/DISCUSSION: In October of 1990, the City Council
adopted an Interim Ordinance No. 15 (1990), amending the list of
permitted and conditionally permitted uses within the CM zone. The
City Council adopted the Interim Ordinance in order to provide the
necessary study time to review the most advantageous and
appropriate land uses for the CM zone. The Interim Ordinance
effectively removed all non -revenue producing land uses (with the
exception of accessory uses) from the CM zone as a mechanism to
grant additional land use controls for the period preceding the
General Plan.
There are presently five generalized areas within the City zoned
CM.
1
LOCATION
PRESENT GENERAL PLAN
LAND USE DESIGNATIONS
1.
Washington St.
Mobile Home Park
RM
2.
Lycoming (near Lemon)
Vacant/Industrial
I
3.
Gateway Corporate Ctr.
Office Park
OP
4.
Grand/Golden Springs
Vacant/Church office
PD/CO,OP
5.
No. Diamond Bar Blvd.
Mixed Retail/Commercial
CO
North/Sunset Crossing
Uses
1
The areas located adjacent to or with freeway visible locations
represent the greatest potential for new commercial development
throughout the City. Generally the issues surrounding the Interim
Ordinance have dealt with a desire to significantly limit the
extent of non-revenue producing uses, primarily Quasi Public uses.
In November, 1990, the Council extended the Interim Ordinance to
October, 1991. The Council, as a result of public testimony
presented in November, 1990, directed that staff provide the
Planning Commission an opportunity to investigate the
appropriateness of reintroducing church uses into the CM zone at
the specific request of Cavalry Chapel which is located at the
corner of Grand and Golden Springs.
In February, 1991, the Planning Commission concluded its
discussions on the issue and recommended that the City Council
permit churches and other institutional uses within the Commercial
Manufacturing Zone with a Conditional Use Permit procedure and
Development Agreement. City Council reviewed the Planning
Commission's recommendation in March, 1991, and concluded that
appropriate policy direction had not yet been determined and chose
to reconsider the matter at the conclusion of the General Plan
adoption process.
A major issue before the Planning Commission and City Council
involved the discussion of Churches as a permitted use in
commercial zones and by extension, the issue of other institutional
uses or quasi-public uses. Churches are permitted in commercial
zones throughout the rest of the City, however, virtually all, if
not all, churches are located within residential zones. Therefore,
although permitted in commercial zones, church uses would represent
a departure from existing development patterns.
In October, 1991, the City Council extended the Interim Ordinance
to October 16, 1992. With adoption of the General Plan it is
appropriate for the City Council to reconsider the issue of
permitted and conditionally permitted uses within the commercial
manufacturing zone.
The primary purpose of commercial zoning is to stimulate commercial
development and other types of development are generally permitted
to the extent that they complement the basic purpose of the
commercial zone.
The City's vision for the future has been established in the
adopted General Plan. At least three of the five generalized areas
within the City zoned C-M will be subject to a future zone change
as a result of the Land Use Classification designated for the area.
Large, centrally located, freeway accessible, developable,
commercially zoned properties are virtually non-existent in Diamond
Bar with the exception of the property at the southwest corner of
Grand Avenue and Golden Springs Drive. In accordance with the
General Plan, a Master Plan requirement is proposed to be added to
the C-M Zone for those properties.
ENVIRONMENTAL ASSESSafRWMP Ml%^ AYAe. I ----L t- Ll-- �a__! �� �o�_ -111
not have a significant effect on the environment, and therefore, is
categorically exempt pursuant to Section 15305 of Division 6 of
Title 14 of the California Code of Regulations.
PLANNING COMMISSION ACTION: The Planning Commission has
previously discussed and considered amendments to the list of
permitted and conditionally permitted uses within the CM zone. The
Planning Commission concluded their review by recommending that the
City Council approve amendments to the C -M Zone by incorporating
Church uses subject to the approval of a Conditional Use Permit,
requiring that sales and service of vehicles, be conducted within
an enclosed building as a permitted use with outdoor display
subject to approval of a Conditional Use Permit. Attached to this
report are the recommendations of the Planning Commission which
include a revised list of permitted and conditionally permitted
land uses for consideration by the City Council.
PREPARED BY:
JbAes DeSt fano, Community Development Director
Attachments: Ordinance No. 15-B (1990)
Planning Commission Resolution No. 92-24
Public Hearing Notification
Draft City Council Ordinance
JDS\mco
F: \ WP51 \W ORK\AOENDA\CM-7.ONE. CC
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING SECTION 22.28.230 OF
PART 6 OF CHAPTER 22.28 OF TITLE 22 AND
ADOPTING AMENDED SECTION 22.28.230, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
State of California and, on that date, the City Council adopted,
by reference, the Los Angeles County Code as the ordinances of
the City, including Title 22 thereof pertaining to Planning and
Zoning Regulations for the City of Diamond Bar. (Hereinafter
said Title 22 shall be referred to as "the Zoning Ordinance.")
(ii) On October 16, 1992, the City Council enacted an
interim ordinance, pursuant to California Government Code Section
65858, to prescribe the permitted and conditionally permitted
uses which may be instituted within the C -M Commercial
Manufacturing Zone; the interim ordinance was subsequently
extended on November 13, 1992, further applying the revised
schedule of uses for the term permitted by statute.
(iii) During the pendency of the interim ordinance,
City staff has conducted a review and analysis of the scope of
uses which would conform to the goals and objectives of the
General Plan, further the beneficial interests of the City and
satisfy the objectives and intent of the C -M Commercial
Manufacturing Zone. Staff's work product was reviewed and
approved by the Planning Commission of the City of Diamond Bar at
1
its regularly scheduled meeting of October 12, 1992. The
Planning Commission has recommended that the City Council amend
the scope of uses in the C -M Commercial Manufacturing Zoning
district.
(iv) The City Council desires to adopt the recommended
amendments to the Los Angeles County Code as discussed
hereinabove.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. ordinance.
NOW, THEREFORE, be it ordained by the City Council of
the City of Diamond Bar as follows:
Section 1: In all respects as set forth in Part A,
Recitals, hereinabove.
Section 2: The City Council hereby finds and
determines that the adoption of this Ordinance is categorically
exempt from the requirements of the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated
thereunder pursuant to Section 15061(b)(3) of Division 6 of Title
14 of the California Code of Regulations.
Section 3: The City Council hereby repeals Section
22.28.230 of the Los Angeles County Code as amended, and as
adopted by the City of Diamond Bar, in its entirety and adopts,
as a new Section 22.28.230 the listing of permitted uses, which
shall read, in words and figures, as is set forth on Exhibit "A"
attached hereto and hereby incorporated by reference.
2
Section 4: The City Council hereby declares that
should any provision, section, paragraph, sentence, or word of
this Ordinance be rendered or declared invalid by any final court
action in any court of competent jurisdiction, or by means of
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain
in full force and effect.
Section 5: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6.
1992.
ADOPTED AND APPROVED this day of
3
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
, 1992,
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the day of
1992 „ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
N \ 1011 WRD \DB 4
EX MIT "All
Sec. 28.230 CHAPTER 22.28
PART 6 - CHAPTER 22.28
C -M COMMERCIAL
MANUFACTURING ZONE
149
SECTIONS:
22.28.230 Permitted uses.
22.28.240 Accessory uses.
22.28,250 Uses subject to Director's review and approval.
22.28.260 Uses subject to permits.
22.28.270 Development standards.
22.28.230 PERMITTED USES. Premises in Zone C -M maybe used for:
A. The following commercial uses:
1. Sales.
— Antique shops.
— Appliance stores, household.
— Art galleries.
— Art supply stores.
— Auction houses, excluding animal auctions.
— Automobile sales, sale of new and used motor vehicles.
— Automobile supply stores, provided all repair activities are
conducted within an enclosed building.
— Bakery shops.
— Bicycle shops.
— Boat and other marine sales.
— Bookstores.
— Ceramics shops.
— Clothing stores.
— Confectionery or candy stores.
— Delicatessens.
— Department stores.
— Disability rehabilitation and training centers, except that assembly
and manufacturing are permitted only as provided in Subsection B of this section.
— Dress shops.
— Drugstores.
— Feed and grain sales.
— Florist shops.
— Fruit and vegetable markets.
— Furniture stores.
— Furrier shops.
— Gift shops.
— Glass and mirror sales, including automobile glass installation only
when conducted within an enclosed building.
— Grocery stores.
— Hardware stores, including the sale of lumber and other building
Sec. 26.230 (Cont.) CHAPTER 22.28 151
conducted within an enclosed building.
— Automobile brake repair shops, provided all repair activities are
conducted within an enclosed building.
— Automobile muffler shops, provided all repair activities are con-
ducted within an enclosed building.
— Automobile radiator shops, provided all repair activities are
conducted within an enclosed building.
— Automobile rental and leasing agencies., ccnducted within an enclosed building
— Automobile repair garages within an enclosed building only, and
excluding body and fender work, painting and upholstering.
— Automobile service stations.
— Automobile sightseeing agencies.
— Bakery goods distributors.
— Banks, savings and loans, credit unions and finance companies.
— Barbershops.
— Bars and cocktail lounges, but excluding cabarets.
— Beauty shops.
— Bicycle rentals.
— Blueprint shops.
— Boat rentals., conducted within an enclosed building
— Book binderies.
— Car washes, automatic, coin-operated and hand wash.
— Carpet and rug cleaners.
— Catering services.
— Child care centers.
Relocate to Section4- Churches, temples or other places used exclusively for religious
22.28.260 worship, including customary incidental educational and social activites in
conjunction therewith.
— Colleges and universities, including appurtenant facilities, giving
advanced academic instruction approved by the State Board of Education or other
recognized accrediting agencies, bat —eme-Icsd#eg—erede—seheel9—
— Comfort stations.
— Communication equipment buildings.
— Community centers.
— Costume rentals.
— Dental clinics.
— Dental laboratories.
— Dog training schools, excluding boarding.
— Dry cleaning establishments, provided that the building is so con-
structed and the equipment is so installed and maintained and the activity is so
conducted that all noise, vibration, dust, odor and all other objectionable factors
will be confined or reduced to the extent that no annoyance or injury will result to
persons or property in the vicinity.
— Electric distribution substations, including microwave facilities, pro-
vided:
a. That all such installations are completely surrounded by a
152 CHAPTER 22.28 Sec. 28.230 (Cont)
masonry wall to a heighE of not less than eight feet. The Director may
approve the substitution of a chain-link or other industrial -type fence
with screen planting where he deems it appropriate. All such
substitutions shall be subject to the provisions of Part 12 of Chapter
22.56; and
b. That the area between the fence or wall and the property
line is landscaped and maintained while such use exists.
— Electricians shops.
— Employment agencies.
=1#y=dsr-eiii^�6om�es:
— Film laboratories.
— Fire stations.
�Fos er, _11 rtes
— Frozen food lockers.
— Furniture and appliance rentals.
— Furniture and household goods, transfer and storage.
— Gas metering and control stations, public utility.
— Hospital equipment and supply rentals.
— Interior decorating_ studios.
— Laboratories, research and testing.
— Laundries, hand.
— Laundries, retail.
— Laundries, self-service.
— Laundry agencies.
— Laundry plants, wholesale.
— Libraries.
— Locksmith shops.
— Lodge halls.
— Medical clinics.
— Medical laboratories.
— Microwave stations.
— Mimeograph and addressograph services.
— Mortuaries.
— Motion picture processing, reconstruction and synchronizing of film
with sound tracks.
— Motion picture studios and indoor sets, including the temporary use
of domestic and wild animals in motion picture and television production, provided
said animals are kept or maintained pursuant to all regulations of the Los Angeles
County Department of Animal Control, and are retained on the premises for a
period not exceeding 60 days. The Director may extend such time period for not
to exceed 30 additional days subject to the provision of Part 12 of Chapter 22.56,
on Director's review.
— Motorcycle, motorscooter and trail bike rentals.
— Museums.
— Observatories.
— Offices, business or professional.
— Packaging businesses.
Relocate to — Parcel delivery terminals.
Section 22.28.260
Sec. 28.230 (Cont.) CHAPTER 22.28 153
— Party equipment rentals.
— Pet grooming, excluding boarding.
— Photocopying and duplicating services.
— Photoengravers and lithographers.
— Photography studios.
— Plumbing shops.
— Police stations.
— Post offices.
— Printers or publishers.
— Public utility service centers.
— Radio and television broadcasting studios.
— Real estate offices.
— Recording studios.
— Recreational vehicle rentals.
— Repair shops, household and fix -it.
— Restaurants and other eating establishments, including food take-out.
— Reupholsterers, furniture.
— Revival meetings, tent, temporary, operated at one particular
location if not within 300 feet of any public park or school or area in any residential
zone and not longer than seven days in any six-month period.
— Schools, through grade 12, accredited, including appurtenant facilities,
which offer instruction required to be taught in the public schools by the Education
Code of the State of California,
— Schools, business and professional, including art, barber, beauty, dance,
drama and music, and trade schools.
— Shoe repair shops.
— Shoeshine stands.
— Sightseeing agencies.
--=�rtti�et��ftt� Snt,Te��v�fi� �'rovrsion��3��Zfi'o�`-
=S13aptEn���==
==5mulk , ehik*erF==
— Stations: bus, railroad and taxi.
— Tailor shops.
— Taxidermists.
— Telephone repeater stations.
— Tire retreading or recapping.
— Tool rentals, including rototillers, power mowers, sanders and saws,
cement mixers and other equipment, but excluding heavy machinery or trucks
exceeding two tons capacity.
— Tourist information centers.
— Trailer rentals, box and utility only., conducted within an enclosed building
— Truck rentals, excluding trucks exceeding -two tons capacity.conducted within an enclosed
— Union halls. building
— Veterinary clinics, small animals.
— Watch repair shops.
154 CHAPTER 22.28 Sec. 28.230 (Cont.)
— Wedding chapels.
3. Recreation and Amusement.
— Amusement rides and devices, including merry-go-rounds, ferris
,%-heels, swings, toboggans, slides, rebound -tumbling and similar equipment oper-
ated at one particular location not longer than seven days in any six-month period.
— Athletic fields,
— Carnivals, commercial, including pony rides, operated at one
particular location not longer than seven days in any six-month period.
Goi€ es5=i�sel.�i�e�easa� �h>>�e►�ssc�a�e
=t�eil:ilies�=-
- Parks, playgrounds beaei =, with all appurtenant facilities
customarily found in conjunction therewith.
Relocate to Section — Recreation clubs, commercial, including tennis, polo, swimming and
22.28.260 similar outdoor recreational activities, together with appurtenant clubhouse.
swir"Ming Pee S.
courts.
B. The following industrial uses, provided all activities are
conducted within an enclosed building:
1. Assembly and Manufacture. Assembly and manufacture
from previously prepared materials, and excluding the use of drop
hammers, automatic screw machines, punch presses exceeding fire tons
capacity and motors exceeding one horsepower capacity that are used
to operate lathes, drill presses, grinders or metal cutters:
— Aluminum products.
— Appliance assembly, electrical, electronic and electromechanical.
— Bone products.
— Canvas products.
— Cellophane products.
— Cloth products.
— Cosmetics, excluding soap.
— Equipment assembly, electrical, electronic and electromechanical.
— Felt products.
— Fur products.
— Glass products and stained-glass assembly, provided no individual
crucible shall exceed a capacity of 16 square feet.
— Golf ball manufacture.
— Instrument assembly, electrical, electronic and electromechanical,
including precision machine shops.
— Jewelry manufacture.
— Leather products, excluding machine belting.
— Metals, working and casting of rare, precious or semiprecious metals.
— Metal plating.
— Optical goods manufacture.
— Paper products.
— Perfume manufacture.
— Phonograph records manufacture.
a
Sec. 28.230 (Cant.) — 28.050 CHAPTER 2228 155
—Plastic products.
— Shell products.
— Shine products. Stone products
— Textile products.
— Toiletries, products.
— Wicker and bamboo products.
— Yarn products, excluding dyeing of yarn.
2. Food processing.
— Bakeries.
— Candy and confectioneries.
— Fruit and vegetable juices, .
— Ice cream.
@I al's. n *tee mash,=ber-yaed=mzPr- ag $bodc;�=
22.28.240 ACCESSORY USES. Premises in Zone C -M maybe used for:
A. The following accessory uses, subject to the same limitations and
conditions provided in Section 22.28.040 (Zone C -H):
— Accessory buildings and structures.
— Building materials, storage of.
B. The following additional accessory uses, subject to the same
limitations and conditions provided in Section 22.28.190 (Zone C-3):
Relocate to— Automobile body and fender repair, painting and upholstering, when
incidental to the sale of new automobiles.
Section 22.28.260E ----- Boats, ndnor repair of.
— Manufacturing, processing, treating and packaging incidental to and
operated in conjunction with the business conducted on the premises, except as
otherwise provided as a principal use in Section 22.28.230.
C. The following additional accessory uses:
— Signs as provided in i?art=-W. in Ordinance 5 (1991)
(Ord. 1494 Ch. 2 Art. 3 Sec. 259.3, 1927.)
22.28.250 USES SUBJECT TO DIRECTOR'S REVIEW AND APPROVAL If
site plans therefor are first submitted to and approved by the Director,
premises in Zone C -M may be used for:
A. The following uses, subject to the same limitations and conditions
provided in Section 22.28.050 (Zone C -H):
— Access to property lawfully used for a purpose not permitted in Zone C -M.
— Christmas trees and wreaths, the sale of.
�wdin�p,�f#�ibe�seaspe�=
— Live entertainment, accessory, in a legally established bar, cocktail
lounger or restaurant having an occupant load of less than 200 people, where in
full compliance with the conditions of Section 22.56.1754. ..
=_ Mebillekamwmsc#ara3tpwAidetrtt eshrttet =
14==TJ1e2fd::LQse&-=====
_pp—�� [siiffA�840 P1 el i iWiiQ=l�-kje lwpterft.68= IjjQ� 1
FEBRUARY 1957
156 CHAPTER 22.28 Sec. 28.260
22.28.260 USES SUBJECT TO PERMITS. Premises in Zone C -M may be
used for:
A. The following uses, provided a conditional use permit has first
been obtained as provided in part 1 of Chapter 22.56, and while such
permit is in full force and effect in conformity with the conditions of such
permit for:
— :adult businesses in addition to those specifically classified in this sec-
tion, including but not limited to, love parlors, nude studios, sexual catharsis cen-
ters, sexual encounter shops, sexual novelty stores and other similar uses, provided
that, as a condition of use, such uses shall not be located within a 000 -foot radius
of any other adult business, and subject to the provisions of Section 22.56.190.
--Adult. day em e€milities.
==Adg#t- sideVqsiai:taeih#iex
==A k==
— Ambulance services.
— Amphitheatre.
— Amusement rides and devices, including merry-go-rounds, ferris
wheels, swings, toboggans, slides, rebound -tumbling and similar equipment for
longer than seven days.
— Arcades, adult, provided that, as a condition of use, such use shall
not be located within a 1,000 -foot radius of any other adult business, and subject
to the provisions of Section 22.56.190.
— Arcades, game or movie.
— Archery ranges.
— Automobile body and fender repair shops, provided that all operations
are conducted within an enclosed building.
— Automobile impound yards, subject to the conditions of Part 4 of
Chapter 22.52, except as otherwise prescribed by the Conunission in approving
an application therefor.
Automobile painting and upholstering shops, provided that all
oiDerations are conducted within an enclosed building.
— Billiard halls.
— Bookstores, adult, provided that, as a condition of use, such use shall
not be located within a 1,000 -foot radius of any other adult business and subject
to the provisions of Section 22.56.190.
— Bowling alleys.
— Boning arenas.
— Butane and propane service stations.
— Cabarets, provided that, as a condition of use, such use shall not be
located within a 1,000 -foot radius of any other adult business, and subject to the
provisions of Section 22.56.190.
— Cardrooms or clubs.
— Carnivals, commercial, including pony rides, for longer than seven days.
— Circuses.
— Convents and monasteries.
_� �stit>�es��e#>a�g�ail��ar-eAs=ssxl=ea�sp�==
— Dance halls.
— Dog kennels.
— Earth stations.
Add to Section — Automobile, boat, motorcycle, recreational vehicle, trailer, trucks
22.28.260 and similar vehicles sale, lease or rental conducted with outdoor
storage or display
See. 28.260 (Cont.) CHAPTER 22.28 157
— Electric transmission substations and generating plants, including
microwave facilities used in conjunction with any one thereof.
— Escort bureaus.
—_ Fvater 11i t) - an& serof i%r thea see= _
Games of skill.
GaFsfindustrial, including-oxyge% apItylene, argon, carbon dioxide and
similar gases in Interstate Commerce Commission approved -type cylinders.
— Gas distribution depots, public utility..
— Golf driving ranges.
_—&te=afiaiEa:#ransf�are=e�aer�tllfl@�A@�bie=
ys�€ealete�e#rasrspeseel,�# Sla�eo4Blvd w=
_=�`fadi�p�,jee��x+�i9e�ac�isg�r�tes�e#s+�e�he�aring
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k�xsr#.is�g�uee�oexkarx�aciisa�sua#�aw rwv#ea�eaCak�aes�rnega��
itA$sex�tiar� af�h�aciixrgp�jsc�
=-�rea�#�xreg�ii
-- — Gymnasiums.
— Health clubs or centers.
— Heliports.
— Helistops.
— Hospitals.
Hospitals, small animal.
Hotels.
-a=daarenide�lar
==kayk kW o -9"=p ejeet!3-
==1r$litl�g�l4Tli5.
— Live entertainment, accessory, in a legally established bar, cocktail
lounge or restaurant having an occupant load of less than 200 people, where the
conditions of Section 22.56.1754 have not or cannot be met. This provision shall
not be construed to authorize the modi�tion o�evelopment standards required
for establishment of such bar, cocktail lounge or restaurant, except as otherwise
provided by Part 2 of Chapter 22.56.
— Massage parlors, provided that, as a condition of use, such use shall
not be located within a 1,000 -foot radius of any other adult business, and subject
to the provisions of Section 22.56.190.
— Miniature golf courses.
— Mobilehome parks, subject to the conditions of part 6 of Chapter 22.52.
— Mobilehomes for use by a caretaker and his immediate family, in
accordance with Part 6 of Chapter 22.52.
— Model studios, provided that, as a condition of use, such use shall
not be located within a 1,000 -foot radius of any other adult business, and subject
to the provisions of Section 22.56.190.
— Motels.
—
Nightclubs.
x .2 mHoparking lots and parking .buildings
— Outdoor dining, where the conditions of Subsection G of
22.'28.07 0 have not or cannot be met.
— Pool halls.
158 CHAPTER 22.28 Sec. 28.260 (Cont.) — 28.270
- Public utility service yards.
- Publicly owned uses necessary to the maintenance of the public health,
convenience or general welfare in addition to those specifically listed in this section.
- Radio and television stations and towers.
�>4ase ��� e:�ivas:�spea�i�eiTed=
- Revival meetings, tent, for longer than seven days.
- Rifle, pistol, skeet or trap ranges.
�aerrfia g �d �arttit h g #ca � .
= age:r eattmertepianeff_
- Shooting galleries.
Signs as provided in Part 10 of Chapter 22.52.
Skating rinks, ice or roller.
Solid fill projects.
- Steam or sauna baths.
- Storage, temporary, of materials and construction equipment used in
construction or maintenance of streets and highways, sewers, storm drains,
underground conduits, flood control works, pipelines and similar uses, for a period
not to exceed one year.
- Swap meets.
- Theaters, adult, provided that, as a condition of use, such use shall
not be located within a 1,000 -foot radius of any other adult business, and subject
to the provisions of Section 22.56.190.
- Theaters and other auditoriums.
di i i e=in.
==�a�el�Kle�� �5f'6v1}rr=P�i't�l�tf�i�22=5g.
�ser�t;irg,�r�m�t'tt��lartL��agilt$3�aCt�; ��iiTg'
s3�Eiaa� �salr���s�any �ae�rsl■ ai�apg�Ee�tre�arsge�
d�tstio�f�ate�=
Y=OqEh eiff.==
.iiEal�9Wilfg�3$S; 17!`C'�1�i$the
d�°j38i'IPI€�T11$�#t'38'F1Y'S1`lsli
ehtifin,and'oP i 39c1f=perTr16=iTiYf if ar std #i1�ftT
oi3 FCli�t9ffdrEi if=s Fpierntrft-
ffftl�tlmiff
==Cpfa3��t`m ag�aspravii%tf3-tL�tagTer 22�_
- Temporary uses as provided in Part 14 of Chapter 22.56. (Ord. 85-0195,
Sec. 8 (part); Ord. 85-0004, Sec. 43; Ord. 84-0236, Sec. 7,• Ord. 84-0161, Sec. 10.)
22.28.270 DEVELOPMENT STANDARDS. Premises in Zone C -M shall
be subject to the following development standards:
A. That not to exceed 90 percent of the net area be occupied by
buildings, with a minimum or 10 percent of the net area landscaped with
a lawn, shrubbery, flowers and/or trees, which shall be continuously
maintained in good condition. Incidental walkways, if needed, may be
developed in the landscaped area.
Sec. 28,270 (taft) CHAPTER 22.28 159
B. That there be parldng facilities provided as required by Part 11
of Chapter 22.52.
C. Outside Display. All display in Zone C -M shall be located wholly
within an enclosed building except for the following-
Amusement
ollowingAmusement rides and devices.
==A�etetn�ri}ees�; t:rt�d�s��rrrebiie=snd=t�de�n�des3ag
==1�eid#sr-aai� s�a�tal-a��t
— Automobile service stations, limited to automobile accessories and
facilities necessary to dispensing petroleum products only.
�eab�al<e,� i�Iwld#o�salesaaeat aalV=
— Carnivals, commercial.
— Cbristmas trees and wreaths, the sale of.
===�pa�i'lNd� ltest,=be�#�ere�a�rv�,�►eladi��t�=
— Electric distribution substations.
— Gas metering and control stations, public utility.
=_I� d €w--aak-er4y.
Parking lots.
__ �re�aas�sel���akes-r �n�`d��aaxat�ees��l3iele9�seld=�
— Restaurants and other eating establishments, including food take-
out, subject to the standards specified by Subsection G of Section 22.28.070.
— Signs, outdoor advertising.
c �aiisras�e��ieea►ad�i��,:.l�ite�3a3saile�)}eld4'�sa1���Y=
D. Outside Storage. Outside storage is permitted on the rear of a
lot or parcel of land in Zone C -M when such storage is strictly incidental
to the permitted use existing in a building on the front portion of the
same lot or parcel of land, and provided no storage is higher than the
enclosure surrounding it nor nearer than 50 feet to the front property
line. Any outdoor area used for storage shall be completely enclosed by
a solid masonry wall and solid gate, not less than five feet nor more than
six feet in height, except that the Director may approve the substitution
of a fence or decorative wall where, in his opinion, such wall or fence
will adequately comply with the provisions of this section. All such
requests for substitution shall be subject to the provisions of Part 12 of
Chapter 22.56, on Director's review. (Ord. 84-0'61, Sec. 11; Ord.
83-0161, Sec. 13, 1983; Ord. 1494 Ch. 2 Art. 3 Sec. 259.9, 1927)
E. Planned Development. Property within the C -M Zone
and located at the southwest corner of Grand Avenue and Golden Springs
Drive shall, upon application for development approval or subdivision,
concurrently submit a Planned Development (Master Plan) for
Conditional Use Permit approval.
The purpose of the Planned Development is to encourage consolidation
or integration of land uses in order to achieve superior design, land use
efficiencies, cohesive appearance, coordinate access and reduce
incremental development costs.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL Or THE CITY
OF DIAMOND BAR REPEATING SECTION 22.28.230 OF
PART 6 OF CHAPTER 22.28 OF TITLE 22 AND
ADOPTING AMENDED SECTION 22.28.230, AND.MAXING
FINDINGS IN SUPPORT THEREOF.
A. Regi als.
(i) On April 18, 1989, the City of Diamond Bar Was
established as a duly organized municipal corporation of the
State of California and, on that date, the City Council adopted,
by reference, the Los Angeles County Code as the ordinances of
the City, including Title 22 thereof pertaining to Planning and
Zoning Regulations for the City of Diamond Bar. (Hereinafter
said Title 22 shall be referred to as "the Zoning Ordinance.")
(ii) on October 16, 1992, the City Council enacted an
interim ordinance, pursuant to California Government Code Section
65858, to prescribe the permitted and conditionally permitted
uses which may be instituted within the C -M Commercial
Manufacturing Zone, the interim ordinance was subsequently
extended on November 1.3, 1992, further applying the revised
schedule of uses for the term permitted by statute.
(iii) During the pendency of the interim ordinance,
city staff has conducted a review and analysis of the scope of
uses which would conform to the goals and objectives of the
General Plan, further the beneficial interests of the City and
satisfy the objectives and intent of the C -M Commercial .
Manufacturing Zone. Staff's work product was reviewed and
approved by the Planning Commission of the City of Diamond Bar at
1
its regularly scheduled meeting of October 12, 1992. The
Planning Commission has recommended that the City Council amend
the scope of uses in the C -M Commercial Manufacturing Zoning
district.
(iv) The City Council desires to adopt the recommended
amendments to the Los Angeles County Code as discussed
hereinabove.
(v) All legal prerequisites to the adoption of this
ordinance have occurred.
B. ordinance.
NOW, THEREFORE, be it ordained by the City Council of
the City of Diamond Bar as follows:
$eot,= ,'ii In all respects as set forth in Part A.
Recitals, hereinabove.
S_egt,ion 2: The City Council hereby finds and
determines that the adoption of this Ordinance is categorically
exempt from the requirements of the California Environmental
Quality .Act of 1970, as amended, and the Guidelines promulgated
thereunder pursuant to Section 150o1(b)(3) cf Division G of Title
14 of the California Code of Regulations.
Section 21 The City Council hereby repeals Section
22.28.230 of the Los Angeles County code as amended, and as
adopted by the City of Diamond Bar, in its entirety and adopts,
as a new Section 22.28.230 the listing of perni.tted uses, which
shall read, in words and figures, as is set forth on Exhibit "P."
attached hereto and hereby incorporated by reference.
6
I_. I. _.a G' 471 -4
Bgotion g: The City council hereby declares that
should any provision, section, paragraph, sentence, or word of
this Ordinance be rendered or declared invalid by any final court
action in any court of competent jurisdiction, or by means of
preemptive legislation, the regaining provisions, sections,
paragraphs, sentences, and words of this Ordinance shall remain
in full force and effect.
Seption 1: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6.
ADOPTED AND APPROVED this day of
1992.
3
Mayor
1, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the day of , 199-2'
and was finally passed at a regular meeting of the City Council
of the City of Diamond Bar held on the day of ,
1992„ by the following vote:
AYES: COUNCIL ME14BERS:
NOES*.
ABSENT:
ABSTAINED:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ATTEST:
City Clerk, City of b amond Bar
N 1101110RD WR 4
RESOLUTION NO. 92-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPT AN ORDINANCE WHICH ESTABLISHES
REVISED PERMITTED AND CONDITIONALLY PERMITTED LAND USES
WITHIN THE C -M, COMMERCIAL MANUFACTURING ZONE, (CASE NO.
ZCA 92-3)
A. Recitals.
(i) The City of Diamond Bar has determined that the
existing land uses applicable to the C -M, Commercial Manufacturing
Zone within the City of Diamond Bar fail to provide standards
suitable and appropriate for the City. The existing Los Angeles
County Code standards allow for the development and placement of
landuses which contribute to deleterious conditions within the
City.
(ii) The City Council has charged the Planning
Commission with development of amendments to the list of permitted
and conditionally permitted land uses which constitute and
establish for the City landuses which satisfy the aspirations and
expectations of Diamond Bar.
(iii) The Planning Commission has reviewed the proposed
amendments to the list of proposed and conditionally proposed
landuses at public hearings. The Commission has duly considered
public testimony presented at the hearings, as well as technical
analysis provided by City Staff.
(iv) The Planning Commission, after due consideration
of public testimony, staff analysis and the Commission's
deliberations has determined that the list of permitted and
1
conditionally permitted land uses attached hereto as Exhibit "A":
and incorporated by reference into this Resolution satisfy and
exemplify the goals and needs of the community. The Planning
Commission has duly considered the issues related to balancing
land uses so as to provide maximum benefit and minimum detriment
to the community.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
BE IT RESOLVED by the Planning Commission of the City of Diamond
Bar as follows:
1. In all respects as set forth in paragraph A, Recitals,
as set forth hereinabove.
2. The Planning Commission hereby recommends that the City
Council adopt the revised permitted and conditionally permitted
land uses within the C -M Zone for the City of Diamond Bar attached
hereto as Exhibit "A" and incorporated herein by reference. Such
Ordinance deletes the existing conflicting standards set forth in
the Los Angeles County Code Sections 22.28.230 through 22.28.270
as adopted by the City of Diamond Bar.
3. The Planning Commission finds and determines that the
ordinance proposed by this Resolution is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Sections 15305 of Division 6 of Title 14 of the
California Code of Regulations.
F4
4. The Planning Commission finds and determines that there
is a substantial probability that such project will not be
detrimental to or interfere with the General Plan adopted by the
City Council of the City of Diamond Bar and that such project is
consistent with the General Plan as adopted by the City.
5. The Secretary of the Planning Commission is hereby
directed to certify to the adoption of this Resolution and is
further directed to promptly submit the recommended C -M Zone Land
Uses to the City Council for their review and consideration.
PASSED, ADOPTED AND APPROVED THIS 12th of October, 1992.
Chairman
I, James DeStefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing Resolu
tion was passed, adopted and approved at a regular meeting of the
Planning Commission of the City of Diamond Bar held on held on the
12th of October, 1992, by the following vote -to -wit:
AYES: [COMMISSIONERS:] Flamenbaum, MacBride, Grothe,
Meyer, Li
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
ABSENT: [COMMISSIONERS:]
SA46retary toe Planning
commission
3
ORDINANCE NO. 15-A (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR EXTENDING THE TERM OF AN INTERIM
ZONING -ORDINANCE, ORDINANCE NO. 15 (1990)
PURSUANT TO THE PROVISIONS OF CALIFORNIA
GOVERNMENT CODE SECTION 65858 AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title 22
shall be referred to as "the Zoning Ordinance.")
(ii) On October 16, 1990, pursuant to the provisions of
California Government Code Section 65858(a), this City Council
adopted its Ordinance No. 15 (1990) adopting interim zoning
regulations pertaining to land use proposals for non-commercial or
manufacturing uses in the C -M, Commercial Manufacturing Zoning
District within the City.
(iii) Pursuant to the provisions of California Government
Code Section 65858(d) this City Council issued its written report
describing the measures taken to alleviate the conditions which led
to the adoption of Ordinance No. 15 (1990) at least ten (10) days
prior to the expiration of Ordinance No. 15 ( 1990) .
(iv) A duly noticed public hearing as required by
California Government Code Section 65858(a) was conducted and
concluded prior to the adoption of this Ordinance.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. The City Council hereby specifically finds
that all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. The City Council hereby finds and determines
that the adoption of this Ordinance is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15305 of Division 6 of Title 14 of the
California Code of Regulations.
Section 3. The City Council finds and determines that the
development of proposed amendments to the Zoning Ordinance are
continuing; however, such development of amendments to the Zoning
Ordinance cannot be completed prior to the expiration of Ordinance
No. 15 (1990).
Section 4. The City Council hereby specifically finds
that there are land uses permitted within the C -M, Commercial
Manufacturing Zone, the approval of which would contradict the
ultimate goals and objectives of the General Plan.and would not be
subject to adequate local review under the provisions of the Zoning
Ordinance unless Ordinance No. 15 (1990) is extended and, further,
that the approval of any such land uses under the current
provisions of the Zoning Ordinance would result in an immediate
threat to the public health, safety or welfare of persons and
property within the City of Diamond Bar.
Section 5. Ordinance No. 15 (1990) of the City of Diamond
Bar, as heretofore enacted under the authority of California
Government Code section 65858(a), hereby is extended and shall be
of no further force and effect as of the 16th day of October, 1991,
unless the City Council has extended said Ordinance in the manner
provided in said Section 65858(a).
Section 6. This Ordinance hereby is declared to be an
urgency measure pursuant to the terms of California Government Code
Sections 65858(a) and 36937(b), and this Ordinance shall take
effect immediately upon adoption.
Section 7. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar pursuant to the
provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this 13th day of November ,
1990.
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 13th day of November , 1990, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held
on the 13th day of November, 1990, by the following vote:
AYES: COUNCIL MEMBERS: Horcher, Kim, Papen, Mayor Pry
Forbing and Mayor Werner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Lynda Burgess, city ~Clerk
of the City of Diamond Bar
ATTACEMNT "A"
C --NT CONINTERCIAL til. \t'F.ACZ'LRIN'G ZONE
Sections:
123.230
Pe. -,iced uses.
22. 3.?40
uses.
2.73?50
uses subject to director's rcviev-• CL -.d approval.
150
Uses subject to per.:,ics.
S.2 70
CQ:etopnlcnt standards.
71O
uses. Pr_. ,iscs in Zoe c C-' .�1
-. T^�
toilu�� „a cor,.mcr:;af uses:
—
cuc shoos.
—
Appll�lCC stores. nouschold.
—
.art ,Aeries.
—
-krt suppi�' stores.
—
kuct;on houses. excludinz animal auctions.
—
Autor obilc sales. sale oF nc«• and used moor
—
automobile Suppl"' Stores. provldIcd nil rCpair aCil` :L AS :'� ,
ductc,-, within an enclused bu;ldin_e.
shOCs.
—
Biccir shops.
—
Bost and other marine Sal-cs.
—
Books*.Ores.
—
Ceramics,silops.
—
Clothing. stores.
—
Confection}r-y or cand% stores.
- �
De(icatcsscns.
—
Department stores.
—
Disabilit,• rehabilitation and training centers. except that asse;,lbt_
and manufacturing arc permitt:d oni%-as provided in subs:tion B
of this section.
—
Dress shops.
_ —
Druestores.
—
Fe -'d and g.rain sales.
—
Florist Shops.
- —
Fruit and vegetable markets.
—
Furniture sores.
—
Furrier shops.
_ —
Gift shops.
Class and mir-or sa,es. inc!udir,g autorcoile glass ins;a_iuL:an
ted within an encased building.
on!v when conduc
Grccery stores.
— Har -•ware stores. including t"e sate oi',umtl anoth-tr c iici^z
su piles. but ?�c!uding milling or ,vccd,,vor''kin2 ether [,-L '1 1n_, -
de tui cut-inc of lumber to size. pro%-ided that all sale.
tnd,Cea! C:WiCSSOraiZe ai,nIre C— -iIC: =?
Feaith food StOres.
b't SLIP Ply. stores. TC—C7-,am Sh0PS.
Ice 5.;25.;^.a ce Iplan t5.
stares.
Lapidar: shccs.
— Leather scads stores.
Licuor stores.
Mail or^er hog cs.
— �+i111tnCr� SnOCS.
C.spia% CCM:, --S ,.nd Sa!CS
Sha!! et bQ USCt tar resen:,:. �, pur7cSeS
t:cna!
USC :.,.,;t is !first cbtaine purse nt to t~,_ rev ,:,ens o�
Part 1 ur C!.art; '_2.56.
Motorcyc1c. „motorscootcr and trail bike Belles.
Music SLO'C5.
-- Notions or no%Q!Lv stares.
\urseries, inciudins the grol.'in2 o! nurser steel:.
Otficr rnarhincs and c ;uipmcnt saes.
P; ;tit and stores.
Pshaps.
stores. an cncluso i 'auii.Li-= oni�
Pct Supply S"J"CS.
Phutagraphic c uipmcnt and suppi% steres.
— Radio and tc!c\'isiun stert:s.
Recreational Vehicle sales.
Retail stores.
S,��ondhand stores.
Shue steres.
Sil�'er shops.
— Sporting goods stores.
— Sump redemption centers.
— Stationery stores.
— Tobacco shops.
Toy stores.
Trai!er sales. box, and utility.
`yarn and yardage stores.
2„ Services.
— Banks- savings and loans. credit unions and finance companies.
Laboratories. rescareh and testing. -
ATTACM4ENT "A"
C -tit COMMERCIAL iti ANUFACTLRItiG ZONE
Sr�ttORS-
22._S.230 Pe... fitted uses.
2 2.29.3,0 A--C!ssor: uses.
33.35.3:0 Uses subject to and a:ro••a'.
2? 35-350 t'scs subject to per -:[S.
22.2S_ 170 Dc. c;op;,;c^ t standards.
27 23 330 ptrR itCC uses. P,- ,ISIS In ZOC'C C -`.i L,- .:Sct .�.:
Th ina cor7"mQrciai uses:
— ar.ucuc s`�oos.
— �.cpiianCe stores. hcuscE:old.
art , ilcrics.
Art suppi}stores.
AuC,lon houses. CXcludin2 animal aucL'ons.
Autonrohilc sales. sale o` new and used Rnetor vchicl�s.
tiL'[omubile supple slores. QrQ�'Ic!Cd a rCPair aCil'.,..'S
ducted ��it{Zin an cnclosed bui!din2.
Bakcr: shops.
Bicyc'.e shops.
Boat a. c other ina,rinc saics.
Bookstores.
Ceramics,shops.
Clothing stores.
-- Contcction�r}• or candy stores.
Delicatessens.
— Department stores.
Disablhty rehabilitation and trainins centers. txcept tha[ ass:;,."l;•
and manufacturing are permitted oni% as prop idzd in suosectlon B
of this section.
Dress shops.
_ — Dru¢stores.
Feed and train sales.
Florist shops.
Fruit and ve;embie markets.
— Furniture stores.
i. — Furrier shops.
— Gift shops.
Temperarr/ uses, as provided in
(Ord. SfC-D193 S S (par:;. 1995:Ord. Sf-OCCu3;3. I9S::Ort. S': 0
r.
8=-vl5 i iC. 195-: Oru. s3-007 1933:
r
37CC03 S lI (;art)_ 1-> Ch. _ _
Deve!oprnent standards. F _rn;,-s
T.,�, :,cc to perces:tot th� -,e: _._ ccc -led _.:c:.
', itn a r'.i("Im,_, .: o1 1J pe.:. -^.t or" r'le n_'.:i,z.2 ;an`:��.:'Z',. ,.
_rs an/or tress. snail be cen[Inucusl'
ma: be dZ'"°!G"' lr ,... I".rC$� "'�:.
✓, l..Z titer_ Ce r'^r;�Ing FaC+IIt..S "_Ci`V IC"� a.� ._ .,'?^-`�„
yC. OLtsid DII 11 d,1ZC.._ C-Nl _ `. .',
,.!te^ :0
-,Cr^�abl,_ Sir' iC siatlan5. !Ir-.,t?� J _._,..,.;1C
raC;Ilti 5 n� _SSar to dlspcns,n;r
— °Oat s: !Qs. l: -I.cd to boats hcld iur S:-1� Uni
— Cam;v.-Is. C:Dr^rmc.clal.
— ChriStmns tr ^s and wrca,,' S. the Sine Ci.
— Croos — :=.cld. trct. bush. bcrn- zd r i-,c�IR n_rsc- ::cc'...
r!cc:. is substa:ions.
Gas mo:cri-g and control stations. pini;,, utiii .
Mobi!:ho _ sa1;s. li^it.d to
— F:,r!:ins lets.
atICr,.. ':i';C'.c Sal 5. II^., tC
or r:ntal c^!
Rcst2urZr.!s ..':d CthCr Q a:lr2
sl.t'(:Ct t0
Sims. outdoor idvertisins.
Trailcr sails. box and utilir,, yarn;:e to .rade-s ':,c!c fcr Sci!e
D. Outside $ICrg:. Otltsidc storage is Ye r. ,it:gid on the re :- C[ a iC:
perc�-1 ofland in Zone C -:N1 whcn such store is strictl,.: incidental to the
use existing in a building ort trc Front portion oFthe same '.ct or parcel ci-'l-,nd.
prop ided no storage is higher than the enclosure surrunding it nor ne:.r,r t+ -:an
fest to the Front property line. Any outdcorarea used :orstor_ge shall be co,;,pfe:e!h
enclosed by a solid masonry wall and solid gate. not less than ifive Fz_t nor,m;ar; the n
sig Fe.t in heishI- except that the director may approve the substitution of : fence c
dccorat:ve %gall 'Xhl ere. in his opinion, such wall or teace will adequat:!%- comp!;,
the provIsWris of this section. All such reeuests or substitution Shat! be subie.:
to the provisions of Fart 12 of Chapter 22.56. on director's rl- iew. (Ord. S' -bib i
l 1. 1954: Ord. 33-0161 § 13. 1933: Ord. 1494 Ch. ? .-art. 3 � 339.9. 1927.)
2_'-141
j 123'.240 :a cCe,�Sn rc uses. ISCS :n Zcn, C -'.i rr, ;.
I
7n c fCfIG.�;^;
SiICtIVr
'ItsS0r'. CL!i s and strllci iC$.
nstZor. C ,i:
and
t^C'.d: It i0 tf1C salt Of ^, sui0^Ob1!QS.
C^,2rat_i'. C C r :nc',ion yi,, ',: dusi^,2SS COnC_.,._ U'
Q'. . Z 0!a.. 15 pro L, - -d s a Y'li,Ca SC:i'.
C_7
I✓Gil'o' _ 'Q :'ttUriaf :C'::S]Qi' li$ti5:
? SJ LseE 5ubjert to and 1?pro%l?. !t;!:_ _._-s
far. are ;rSt SG ✓ T :i;CC ;o and Z;; -rive- dlr. C:Or.;%Ml!ses LCC:
be Us:� rvr
u'se's. Subject to the Same lin.",
1;1:iU .=
pion icy n S,-ction 22.,3.0-50 iZor. C -F,):
22.a.260 'Uses subject to permits. Premises in Zone C -M may be uused for:
- A. The following uses provided a conditional use permit has S-st Leen
obtained as provided in Part I oC Cnapter 22.66. and while suchper,.—.., is in � it
force and effect in conformity with the conditions of such cermit fer:
Hotels.
NloteIS.
Offices. businesl or professional.
— Restaurants and other ezunz estab4I's III ments. includir.Q food
out.
California_ Government Code Section. E5858(a) was conducted and
concluded prior to -the adoption of th «, Ordinance.
(vi) All legal prerequisit�� to the adoption of this
Ordinance have occurred.
B. Ordinance.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. The City Council hereby specifically finds
that all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. The City Council hereby finds and determines
that the adoption of this Ordinance is categorically exempt from
the requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
pursuant to Section 15305 of Division 6 of Title 14 of the
California Code of Regulations.
Section 3. The City Council finds and determines that
the development of the General Plan and proposed amendments to the
Zoning Ordinance are continuing; however, such development of the
General Plan and amendments to the Zoning Ordinance cannot be
completed prior to the expiration of Ordinance No. 15-A (1990).
Section 4. The City Council hereby specifically finds
that there are land uses permitted within the C -M, Commercial
Manufacturing Zone, the approval of which would contradict the
ultimate goals and objectives of the General Plan and would not be
subject to adequate local review under the provisions of the Zoning
Ordinance unless Ordinance No. 15-A (1990) is extended and,
ORDINANCE NO. 15-B (1990)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR EXTENDING THE TERM OF AN
INTERIM ZONING ORDINANCE, ORDINANCE NO. 15
(1990) PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE SECTION 65858 AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California and, on that date, the City Council adopted, by
reference, the Los Angeles County Code as the ordinances of the
City, including Title 22 thereof pertaining to Planning and Zoning
Regulations for the City of Diamond Bar. (Hereinafter said Title 22
shall be referred to as "the Zoning Ordinance.")
—,
(ii) Oz: 1 6 , 1990, fF.,. , suant to the provisions of
California Coverniaeni- code Section 65858(a), this City Council
adopted its Ordinance No. 15 (1990) adopting interim zoning
regulations pertaining to land use proposals for non-commercial or
manufacturing uses in the C -M, Commercial Manufacturing Zoning
District within the City.
(iii) On November 13, 1990, pursuant to the provisions of
California Government Code Section 65858(a), this City Council
extended the Ordinance to October 16, 1991.
(iv) Pursuant to the provisions of California Government
Code Section 65858(d) this City Council issued its written report
describing the measures taken to alleviate the conditions which led
to the adoption of Ordinance No. 15-A (1990) at least ten (10) days
prior to the expiration of Ordinance No. 15-A (1990).
(v) A duly noticed public hearing as required by
AYES: COUNCIL MEMBERS: Nardella, Papen, Werner,
Kim, Forbing
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Lytida Burgess, ;i y Clerk
of the City of Diama.+d Bar
:co
further, that the approval of any such land uses under the current
i
=i provisions of the.Zoning Ordinance would result in an immediate
threat to the public health, safety or welfare of persons and
property within the City of Diamond Bar.
SeCLion 5. Ordinance No. 15-A (1990) of the City of
Diamond Sar, as heretofore enacted under the authority of
Cal- fornia C -a ernment Code section 65858 (a) , hereby is extended and
shall be of no further force and effect as of the 16th day of
October, 1992, unless the City Council has extended said Ordinance
in the manner provided in said Section 65858 (a).
Section 6. This Ordinance hereby is declared to be an
urgency measure pursuant to the terms of California Government Code
Sections 65858(a) and 36937(b), and this Ordinance shall take
effect immediately upon adoption.
•3
Section 7. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posted in three
(3) public places within the City of Diamond Bar pursuant to the
provisions of Resolution No. 89-6.
ADOPTED AND APPROVED This 1st day of October, 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 1st day of October, and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the
1st day of October, 1991, by the following vote:
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los AngeNs
(NANCY PAISLEY do
hereby declare that I am a citizen of the United
States; I am over the age of eighteen years, and not
a party to or interested in the above -entitled matter. I
am the Legal Advertising Clerk of the
INLAND VALLEY DAILY BULLETIN
(Formerly the Progress Bulletin)
A newspaper of general circulation, published daily
in the City of Pomona, County of Los Angeles, State
of California, and which has been adjudged a
newspaper of general circulation by the Superior
Court of the County of Los Angeles, State of
California, under the date of June 15, 1945, Decree
No. Pomo C-606; that the notice, of which the
annexed is a printed copy (set in type not smaller
than nonpareil), has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
August 101 1992
I declare under penalty of perjury that the foregoing
is true and correct.
Dated August 101 1992
2
ignature
Proof of Publication of
NOTICE OF PUBLIC HEARING
CITY OF DIAMOND BAR
NOTICE C># PuB_IC HEARING
NOTICE IS HEREBY GIVEN BY
Tile CITY-OF-tAMONQ'6AR-Mw"lie
City Council will conduct public
hearings on the following items:
A City initiated request to amend
certain provisions of Title 22 of the Los
Angeles County Code, as heretofore
adopted by the City of Diamond Bar,
pertaining to the CM (Commercial
Manufacturing) Zone (Section 22.28.230
et.al.) Case No. ZCA 92-3, and adoption
of Hillside Management Standards,
Case No. ZCA 92-2.
APPLICANT: City of Diamond Bar
ENVIRONMENTAL
DETERMINATION:
Categorically Exempt, Section 15305
If you are unable to attend the public
hearing, but wish to send written com-
ments, please write to the Diamond Bar
Community Development Department
at the address given below, Attention:
James DeStefano. You may also obtain
additional information concerning this
case by phoning: (714) 396-5676.
If you challenge these ordinances in
court, you may be limited to raising
only those issues you or someone else
raised at the public hearing described
in this notice, or in written correspond-
ence delivered to the Planning Commis-
sion at, or prior to, the public hearing.
DATE OF PUBLIC HEARING:
Tuesday, September 1, 1992
TiME OF HEARING: 7:00 p.m.
LOCATION: South Coast Air Quality
Management District Board Room,
21865 E. Copley Dr., Diamond Bar,
California
CASE MATERIALS: Are available for
review during regular office hours at
the Community Development
Department, 21660 Copley Drive, Suite
190, Diamond Bar, CA 91765.
Publish: AV9V31 10, 1992 (DC24776)
DATE: a
COMPUTER NUMBER r y/ 7 -,!;—
CHARGES
THANK YOU sident
lge of
:ted in
I clerk
\NCH
circulation, printed and published weekly in the
County of Los Angeles. DIAMOND BAR -
PHILLIPS RANCH HIGHLANDER has been
adjudged a news paper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, on the date of August 24,
1989, case number C728906. The notice, of
which the annexed is a true printed copy, has
been published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
August 12, 1992
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at City of Industry, LA Co. California
this 12 day Of August 19 92
n
c
Signature
Diamond Bar -Phillips Ranch Highlander
18383 E. Railroad St.
City of Industry, CA 91748
This space for the County Clerk's Filing Stamp
Proof of Publication of
NOTICE OF HEARING
01 nuIQND RAR th that theme LSry cam
will
. conduct public hearings on the following items:
A City initiated request to amend certain
provisions of Title 22 of the Los Angeles County
Code. as heretofore adopted by the City of
Diamond Bar, pertaining the the CN
(Commercial Manufacturing) Zone (Section
22.28.230 et.ai.) Case No. ZCA 82.3, and
adoption of'Rillside Management Standards,
Case No. ZCA 92.2,
APPLICANT- City of Diamond Bar
ENVIRONMENTAL DETERMINATION:
Categorically Exempt, Section 15305
Ir you are unable to attend the public
hearing, but wish to send written commenm
please write to the Diamond Bar Community
Development Department at the address given
below, Attention: James DeStefano. You may
also obtain additional lnformatiou concerning
thus
case by Phoning (714) 396.5676.
Ir you challenge these ordinances in court,
You may be limited to rising only those issues
ou or someone else raised at the public
eating described in this notice, or in written
correspondence delivered to the City. Council at,
or prior to, the public hearing
DATE OF PUBLIC SEARING: Tuesday,
September 1, 1992
TIME OF SEARING: 7:00 p.m.
LOCATION: South Coast Air Quality
M CSE eat District Beard Ime,
CASE MAERIALLS Are availDlamond able for review
during regular ollice hours at the community
Development Department. 21880 Copley Drive,
Suite 190, Diamond Bar, CA 91765.
SPD&33, 41175, Au" 12, 1992.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
Courty of Los Angeles,
I am a citizen of the United Slates and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above -
entitled matter. I am the principal clerk of the printer
OT The .....San lfaDTlA�--- 1-$.:� �; --wily �.iburur.
-........................... I.............
a nellspaper ci: genera; c>rcularicn, printed and published
da_ -1
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t .e C of .............d.S �._...
Ccunsy of Los Anceles, and which newspaper has been
aciudced a newspaper of general circulation by the
Sucer;cr Court of the County of Los Angeles, State of
Caiifcrr a, order the date of ..... 19--5.7.,
Case Nunber.......... dot z:7:1.-.-----.
--- ------- : that the notice,
whtc:-. the arnezed is a printed copy (set in type not
,.nailer than nonpareil), has been published in each
reguiar and entire issue of said newspaper and not in
any supplement thereof on the foilcwing dates, to -wit:
August 10,
...................................... ...... ..................... ....... I.........
al; in the year
I certify (or declare) under penalty of perjury that the
forecoing is true and correcr.
Da -ed at gest dovna ..._..._......-_----
........................................................
th
Cali."crnia, this ..10 day of .....--..---Augu-- t---- 19.9.2..
-- .............
Signature
- . This space is for the County Clerk's Filing Stamp
Proof of Publication of
NOTICEOF PUBLIC HEARING
---------------------•---
--------------------------- ------- -----------------------
Case No. ZCA 92-3
CITY OF DIAMOND BAR
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY
DIAMOND BAR that the City Council will conduct pub
hearings on the following items:
A City initiated request to amend certain provisions of
Title 22 of the Los Angeles County Code, as heretofore
adopted by the City of Diamond Bar, pertaining the CM
(Commercial Manufacturing) Zone (Section 22.28.230
et.al.) Case No. ZCA No. 92-3, and adoption of Hillside
Management Standards, Case No. ZCA 92-2.
APPLICANT: City of Diamond Bar
ENVIRONMENTAL DETERMINATION:
Categorically Exempt, Section 15305
If you are unable to attend the public hearing, but wish
send written comments, please write to the Diamond B
Community Development Department at the address giv,
below, Attention: James DeStefano. You may also obtp-
additional information concerning this case by phoning (71
396-5676.
If you challenge these ordinances in court, you may
limited to raising only those issues you or someone else rain
at the public hearing describedd in this notice, or in writt,
correspondence delivered to the City Council at, or prior
the public hearing.
DATE OF PUBLIC HEARING:
Tuesday, September 1, 1992
TIME OF HEARING: 7:00 p.m.
LOCATION:
South Coast Air Quality
Management District Board Room
21865 East Copley Drive, Diamond Bar, California
CASE MATERIALS: Are available for review during regul
office hours at the Community Development Departmei
21660 Copley Drive, Suite 190, Diamond Bar, CA 91765.
Publish: August 10, 1992 E.No. 691
San Gabriel Valley Tribune
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: October 20, 1992 REPORT DATE: October 14, 1992
FROM: James DeStefano, Community Development Director
TITLE: Zoning Code Amendment No. 92-2; Consideration of a Hillside Management Ordinance (HMO)
to establish permanent standards for hillside development.
SUMMARY: Implementation of the General Plan and the pending expiration of the Interim Hillside
Management Ordinance [Ordinance No. 14-B(1990)] create the necessity to establish permanent standards for
hillside development. The intent of Zoning Code Amendment No. 92-2 is to revise the existing standards for
hillside development. The Draft Ordinance is presently before the Planning Commission and is undergoing
public review. The Commission has continued their discussion of the draft ordinance to October 26, 1992.
RECOMMENDATION: Staff recommends that the City Council continue the public hearing on ZCA 92-2 to
the City Council meeting of November 2, 1992.
LIST OF ATTACHMENTS:_ Staff Report
_ Resolution(s)
Ordinances(s)
_ Agreement(s)
Other
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
EXTERNAL DISTRIBUTION: NOTE: copies of the Draft Ordinance are available for public review at
City Hall.
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? X Yes _ No
4. Has the report been reviewed by a Commission? X Yes _ No
Which Commission? PLANNING COMMISSION
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments:
Engineering, Building &Safety
IEWED BY:
, b
*Vag -"o
Irrence L. Belanger 7 es DeStefano
City Manager U Community Devel ment Director
THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
1. 5:00 P.M. CLOSED SESSION:
Litigation - G.C. 54956.9
Personnel - G.C. 54957.6
Next Resolution No. 92-56
Next Ordinance No. 6(1992)
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR KIM
ROLL CALL: Councilmen Forbing, Miller, Werner,
Mayor Pro Tem Papen and Mayor Kim
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 or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Please complete a Speaker's Card and give it to
{COmplerion OZ Lnls I
to maximum time limit
4. 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.
5. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1
PARKS & RECREATION COMMISSION - October 22,
1992 - 6:30 p.m., AQMD Hearing Room,
21865
E., Copley Dr.
5.1.2
PLANNING COMMISSION - October 26, 1992
- 7:00
p.m.,7:00 p.m., Auditorium, 21865 E.
Copley
Dr.
5.1.3
CITY COUNCIL MEETING - November 3, 1992
- 6:00
p.m., AQMD Auditorium, 21865 E. Copley
Dr.
5.2 APPROVAL
OF MINUTES -
5.2.1
MEETING OF SEPTEMBER 1, 1992
5.2.2
MEETING OF SEPTEMBER 15, 1992
5.3 WARRANT REGISTER - Approve Warrant Register dated October
20, 1992
in the amount of $281,178.42.
OCTOBER 20, 1992
PAGE 2
5.4 TREASURER'S REPORT - Receive & File Treasurer's
Report for the Month of August, 1992.
5.5 BOND EXONERATIONS:
5.5.1 Private Drain No. 2145, Tract 42564 -
Recommended Action: It is recommended that
exoneration of the bond posted by Bramalea
California, Inc. for Storm Drain No. 2145 on
Tract 42564 (Leyland Drive) in the amount of
$120,000 be approved and that the City Clerk
be directed to notify the principals involved.
5.5.2 Private Drain No. 1862, Tract 31850 -
Recommended Action: It is recommended that
exoneration of the bond posted by Bramalea
California, Inc. for Storm Drain No. 1862 on
Tract 31850 in the amount of $230,000 be
approved and the City Clerk directed to notify
principals involved.
5.6. REDUCTION OF GRADING SECURITY BOND NO. 04000588679 -
for 23107 E. Ridgeline Rd. - The City has received a
request from Mr. Hamendra Rana, owner of a single family
residence at 23107 E. Ridgeline Rd., to reduce the
$19,920 grading security bond.
Recommended Action: Approve the reduction of the $19,920
Grading Security Bond No. 040000588679 to $4,000.
5.7 APPROVAL OF TRACT MAP 31977 LOCATED GENERALLY ALONG
HIGHCREST DR. AND GOLDRUSH DR. - This project involves
the construction of a 22 lot residential development.
The lots ranging in size from 20,000 sq. ft. to 109,734
sq. ft. has been submitted to the City for a final tract
map approval.
Recommended Action: Approve the attached Tract Map No.
31977, authorize the Mayor to execute the Subdivision
Agreement, authorize the Interim City Engineer to sign
the map and direct the City Clerk to process the map for
recordation.
5.8 RESOLUTION NO. 92 -XX: A RESOLUTION GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY
LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT
NUMBER 96-62 - In order to provide funds for operation
and maintenance of street lights which are bounded by
Diamond Bar Blvd., Fountain Springs Rd., Cold Springs Ln.
and Brea Canyon Channel, it is necessary to incorporate
said street lights into the County LMD 10006 and County
Lighting District LLA -1.
OCTOBER 20, 1992 PAGE 3
Recommended Action: Adopt Resolution No. 92 -XX granting
consent and jurisdiction to the County of L.A. to annex
street lights within said territory, as shown on the
attached map, direct the City Clerk to provide two
executed copies of the Resolution to L.A. County
Department of Public Works.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
6.1 PROCLAIMING OCTOBER 26 THROUGH 30, 1992 AS RED RIBBON
WEEK - To be presented to Cathy Goodson and Shelley
Faeder Evergreen Community Club Co -Chairpersons and Al
Stone, Principal of Evergreen Elementary School.
7. OLD BUSINESS:
7.1 VESTING TENTATIVE TRACT MAP NO. 47850 - Diamond Bar
Associates has requested approval of Vesting Tentative
Tract Map No. 47850 in order to construct a residential
subdivision of 73 acres located on Steeplechase Ln. and
within Significant Ecological Area No. 15. In April of
1992 the applicant agreed to provide additional soils and
geotechnical information and the Council directed that
the project be brought back for review within the time
period of September 1 through October 31, 1992. The
applicant has provided the information, however, after
review by the City's geotechical consultant, additional
clarification from the applicant has been requested. The
applicant has requested an extension of time and
consideration of this matter until November 17, 1992.
Recommended Action: Continue discussion of this project
and direct staff to advertisg and notice a public hearing
for November 17, 1992.
8. NEW BUSINESS:
8.1 POLICY FOR FUNDING TRAFFIC SIGNALS AT PRIVATE AND PUBLIC
STREET INTERSECTIONS - Through the Traffic and
Transportation Commission the City has identified private
and public street intersections within the City that may
be candidates for traffic signals. Responsibility for
funding costs associated with related installations is a
matter which needs resolution. The Commission has
prepared and proposed the criteria to be utilized in
determining responsibility for costs for installation of
traffic signals. This matter was discussed by the
Commission on August 13 and October 10, 1992.
Recommended Action: The Traffic and Transportation
Commission recommends that a policy be established in
order to determine the parties responsibility for funding
traffic signal installation at public/private street
intersections.
OCTOBER 20, 1992 PAGE 4
8.2 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN
BRAMALEA CALIFORNIA, INC. AND THE CITY OF DIAMOND BAR -
Bramalea California, Inc. and the City have concluded
negotiations of a non-binding agreement which is set
forth in a Memorandum of Understanding (MOU). The MOU
sets forth rights and duties related to the development
of approximately 1107135 single-family detached homes to
be located on approximately 70 acres within the City of
Diamond Bar. The proposed development is located to the
east of Diamond Bar Blvd., east of the Tin Dr.
intersection. The non-binding agreement sets forth the
general terms of understanding between the City and
Bramalea which provides the basis for negotiations of a
definitive agreement according to concepts presented
therein.
Recommended Action: Approve the Memorandum of
Understanding as presented.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 ZONING CODE AMENDMENT NO. 92-2: CONSIDERATION OF A
HILLSIDE MANAGEMENT ORDINANCE (HMO) TO ESTABLISH
PERMANENT STANDARDS FOR HILLSIDE DEVELOPMENT -
Implementation of the General Plan and the pending
expiration of the Interim Hillside Management Ordinance
(Ordinance No. 14-B(1990) create the necessity to
establish permanent standards for hillside development.
The intent of Zoning Code Amendment 92-2 is to revise the
existing standards for hillside development. The draft
ordinance is presently before the Planning Commission and
is undergoing public review. The Commission has
continued their discussion of the ordinance to October
26, 1992.
Recommended Action: Continue the public hearing on ZCA
92-2 to November 2, 1992.
9.2 ORDINANCE NO. X (1992): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 22.28 OF THE
LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAIN-
ING TO PERMITTED AND CONDITIONALLY PERMITTED LAND USES
WITHIN THE C -M, COMMERCIAL MANUFACTURING ZONE - In
October, 1990, the Council adopted Interim Ordinance No.
15(1990) which restricts a variety of land uses within
the CM -Zone. The purpose of the interim ordinance was to
provide time for the General Plan to be crafted and avoid
the possibility of permitting land uses which may not be
compatible with the General Plan under development at
that time. Adoption of the General Plan and the pending
expiration of the Interim Commercial Manufacturing
Ordinance, establishes the need to revise the existing
permitted and conditionally permitted land uses within
the five acres of our City zoned C -M. The Planning
OCTOBER 20, 1992 PAGE 5
Commission concluded its review of the revisions to the
C -M Zone on October 12, 1992.
Recommended Action: Approve for first reading by title
only Ordinance No. X (1992 ) amending Chapter 22.28 of the
Los Angeles County Code, as heretofore adopted,
pertaining to permitted and conditionally permitted land
uses within the C -M, Commercial Manufacturing Zone.
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. ,
TO: Mayor and City Council
MEETING DATE: October 20, 1992 REPORT DATE: October 16, 1992
FROM: Terrence L. Belanger, City Manager
TITLE: Consideration of Memorandum of Understanding between Bramalea California, Inc. and the City of
Diamond Bar.
SUMMARY: Bramalea California, Inc. and the City of Diamond Bar have concluded negotiations of a non-
binding agreement which is set forth in a Memorandum of Understanding (MOU). The MOU sets forth rights
and duties related to the development of approximately 110-135 single-family detached homes to be located on
approximately 70 acres within the City of Diamond Bar. The proposed development is located to the east of
Diamond Bar Boulevard, east of the Tin Drive intersection. The non-binding agreement sets forth the general
terms of understanding between the City and Bramalea which provides the basis for negotiations of a definitive
agreement according to concepts presented therein. It is important to note that the final discretion and approval
of the City's Planning Commission and Council as to any actions required by each of these bodies are not
restrained by the MOU.
(narrative continued on second page)
RECOMMENDATION: Staff recommends that the City Council approve the Memorandum of Understanding,
as presented.
LIST OF ATTACHMENTS:_ Staff Report
_ Resolution(s)
Ordinances(s)
X Agreement(s)
Other
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
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?
N/A Yes No
4.
Has the report been reviewed by a Commission?
_ _
N/A Yes No
Which Commission?
_ _
5.
Are other departments affected by the report?
N/A _ Yes _ No
Report discussed with the following affected departments:
BY.
Terrence L. Belanger
City Manager
BRAMALEA - MEMORANDUM OF UNDERSTANDING
October 20, 1992
Bramalea offers as consideration, for the right to develop the 70± acre parcel, the conveyance of approximately
350 acres of property to the City of Diamond Bar. The property to be conveyed consists substantially of four
parcels: one parcel is located easterly of the city -owned Pantera Park site. The conveyance of this parcel
expands the City's parksite. The second parcel is located between Gold Rush and the first southerly ridgeline.
The third parcel, approximately 1.2 acres, located at the southeast corner of Gold Rush and Diamond Bar
Boulevard, would be graded for the purpose of ultimate development of public facilities. The final parcel,
which includes in its entirety the upper Sycamore Canyon, is located east of Diamond Bar Boulevard and south
of the proposed development site.
The property that would be conveyed to the City through this development process would have its use restricted
to parks, commercial recreation, open space, or other purposes of benefit to the City. Prohibitted uses of the
property would include private commercial or private residential uses. The proposed MOU includes provisions
whereby Bramalea would install a traffic signal at Tin Drive and Diamond Bar Boulevard.
The City's recently adopted General Plan designates this property to be Planned Development (PD). The
current zoning is one unit per 20,000 square feet. The overall density of the Bramalea project proposal ranges
from 1 unit for 3.1 acres (135 housing units) to 1 unit for 3.8 acres (110 housing units). The actual density
on the site proposed for development ranges from 1.6 units per acre to 1.9 units per acre. The existing zoning
allows 2 + units per acre. The maximum number of units that theoritically could be developed under the
current zoning classification is 915 units.
The concepts contained within the non-binding agreement are consistent with the General Plan strategies which
encourage density transfers from land with open -space resources to land more suitable for development,
clustering development and maintenance of areas biologically significant.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into
this day of , 1992, by and between Bramalea
California, Inc., a California corporation ("Bramalea") and the
City of Diamond Bar, a municipal corporation ("City"). This
Memorandum shall not create a binding agreement between the City
and Bramalea, but only sets forth in general terms an
understanding between the City and Bramalea which will provide
the basis for negotiation of definitive agreements according to
the concepts present herein, (reserving final discretion and
approval to City's Planning Commission and City Council as to any
actions required of them to effectuate said definitive
agreements).
The understanding between Bramalea and City is as follows:
City, Lots 4, 5, 6, 7, and 9 of tract 31479 and Lots 50 and 51 of
Tract 42576, consisting of approximately 350 acres, exclusive of
the portion of Lots 5, 6, and 7 thereof shown on the map attached
as Exhibit "A" as "Retained Property." The property to be
conveyed to the City ("Property") is for use as parks, commercial
recreation, golf course, open space or the purposes of benefit to
City but excluding use for private commercial or residential
development (P"Permitted Public Uses"). Bramalea shall provide
to City statements as to its knowledge of geologic faults and any
toxic or other contamination on the Property that may require
remediation and any documents in its possession regarding the
same.
2. Bramalea and City propose to enter into a Development
Agreement providing Bramalea the right to develop the Retained
Property substantially on the terms and conditions set forth in
this Memorandum. The Retained Property will be subdivided so as
to permit the development of not less that 110 nor more than 135
single family detached homes. Lots in the Retained Property
shall have a minimum pad size of not less than 6,000 square feet,
except that not more than 10 of the lots may have a pad area of
not less than 5,300 square feet.
3. The houses developed on the Retained Property will be
comparable to the houses developed by Bramalea in the City of
Diamond Bar. Any such development will adhere to the existing
CC&R's on the Retained Property. The Property and the Permitted
Public Uses on the Property shall be considered in determining
the density permitted on the Retained Property and be credited
toward the environmental mitigations required of Bramalea in
connection with Bramalea's development of the Retained Property.
4. In connection with Bramalea's subdivision of the
Retained Property, any open space not included within private
lots shall be conveyed by Bramalea to a landscape maintenance
district, either by annexation to an existing district or
creation of a separate such district.
5. City proposes to develop one or more of the Permitted
Public Uses on the Property. In connection therewith:
HSIBRAMIA2.MOU
081792 (9) 10850.284 2
5.1 Bramalea and City will process an environmental
impact report covering both City's potential alternatives on the
Property and Bramalea's proposed development of the Retained
Property and the proposed development agreement. City and
Bramalea will each bear 50% of the cost of such environmental
impact report, except, that Bramalea shall initially advance 100%
of the cost of the environmental impact report and City shall pay
to Bramalea its 50% share of such costs on or before December 31,
1995, together with interest on the funds expended from the date
expended until repaid at the rate of 7% per annum.
5.2 The City will engage as a project coordinator a
person reasonable satisfactory to both City and Bramalea, who
will be responsible for coordinating, expediting and obtaining
City and other governmental approvals of both the City's proposed
alternatives on the Property and Bramalea's proposed development
of the Retained Property. City and Bramalea will each bear 50%
of the cost of such project coordinator, except, that Bramalea
shall initially advance 100% of the cost of the project
coordinator and City shall pay to Bramalea its 50% share of such
costs on or before December 31, 1995, together with interest on
the funds expended from the date expended until repaid at the
rate of 7% per annum.
5.3 If City is ready to commence its grading
activities when Bramalea proposes to commence grading the
Retained Property, the grading of the Retained Property and the
Property shall be coordinated.
BSIBRAMDIA2.MOU
081792 (9) 10850.284 3
6. At or about the same time that Bramalea grades the
Retained Property, Bramalea shall, at its sole cost and expense,
also grade that portion of the Property outlined in Exhibit "A"
as the "Property To Be Graded," on the following terms and
conditions:
6.1 City will, at its sole cost and expense, prepare
all of the grading plans and perform all soil testing and
engineering work necessary in connection therewith.
6.2 Such work by City will be performed in a timely
fashion so as to enable Bramalea to conduct grading operations at
or about the same time as Bramalea grades the Retained Property.
6.3 Bramalea shall only be responsible for grading a
sufficient amount of the Property to create not less than a 1.2
acre level pad. Bramalea shall have no obligation to construct
or pay for retaining walls, provide for erosion control, pay any
governmental fees, or to grade slopes on or adjacent to the pad
area so as to eliminate the need for any retaining walls. Any
cost of grading more than a 1.2 acre pad shall be at the sole
cost and expense of the City.
6.4 Bramalea shall, at is sole cost and expense
perform any and all remediation work necessary with respect to
the "Property to Be Graded" including, but not limited to, toxic
or other contamination.
7. Bramalea will install a traffic signal at the
intersection of Tin Street and Diamond Bar Boulevard at the sole
cost and expense of Bramalea. Said installation shall satisfy
HSIBRAMIA2.MOU
081792 (9) 10850.284 4
City requirements for system improvements and/or "developer
impact fees") (not including "in tract" improvements).
8. City will permit the construction of water tanks on the
Property at the locations provided in the master plan of Walnut
Valley Water District or other locations reasonably acceptable to
said Water District.
9. City will waive all park fees for the homes to be
developed on the Retained Property.
10. Application and processing fees, grading permit and all
related building and public improvement permit fees shall be
charged at the then current fee schedule of the City. However,
for a period of five (5) years following the date of the
Development Agreement, the City will not impose any development
fees that are not now imposed upon developments similar to the
proposed development of the Retained Property.
IN WITNESS WHEREOF, the parties have executed this
Memorandum of Understanding as of the date and year first above
written.
BRAMALEA CALIFORNIA, INC. a
California Corporation
By:
Its:
By:
Its:
THE CITY OF DIAMOND BAR, a
Municipal Corporation
By:
Its:
HSjBRAMDIA2.M0U
081792 (9) 10850.284 5
EXHIBIT "All
Plat Showing Retained Property and Property to be Graded
BSMAMDIA2.MOU EXHIBIT "All
081792 (9) 10850.284
A-1