HomeMy WebLinkAbout03/16/1993CITY COUNCIL
AGENDA
Mayor — Gary G. Miller
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman — Dexter D. MacBride
City Council Chambers
are located at:
South Coast Air Quality Management District Auditorium
21865 East Copley Drive
re a om s n , eal or lR �n a arrl
MEETING DATE: March 16, 1993 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
Copies of stOHIO .0 . or other written documentation 'relating
W. eac# item referrers to vn this agenda
are an itNe fin a Liifi+ af.t#te CityCierlr an d are availaE�fie tor'pubii. inspection. it you have.questions
reg2�ding att'agerlrt stern, please contact fire City Clerk at (7110:86�Q�»24�9 dutb► twsiness>l�ours.
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Next Resolution No. 93-12
Next Ordinance No. 2(1993)
1. CLOSED SESSION:
5:00 P.M.
Litigation -Government
Code 54956.9
Personnel - Government
Code 54957.6
2. CALL TO ORDER:
6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Miller
INVOCATION:
Reverend Robert Clayton,
Diamond Bar
Worship Center
ROLL CALL:
Councilmen MacBride,
Forbing,
Werner, Mayor Pro Tem Papen, Mayor
Miller
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
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:
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 Planning Commission - March 22, 1993 - 7:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 Parks & Recreation Commission - March 25, 1993
7:00 p.m., AQMD Hearing Room, 21865 E.
Copley Dr.
5.1.3 City Council Meeting - April 6, 1993 - 6:00
p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.2 WARRANT REGISTER - Approve Warrant Register dated March
16, 1993 in the amount of $271,192.18.
5.3 TREASURERS REPORT - Receive & file Treasurer's Report
for the Month of February, 1993.
5.4 PARKS & RECREATION COMMISSION MINUTES - Regular Meeting
of January 28, 1993 - Receive & file.
MARCH 16, 1993 PAGE 2
5.5 TRANSFER OF BANKING SERVICES FROM SECURITY PACIFIC
NATIONAL BANK/BANK OF AMERICA TO FIRST INTERSTATE BANK.
5.5.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING A CONTRACT
FOR DEPOSIT OF MONIES WITH FIRST INTERSTATE BANK.
Recommended Action: Adopt Resolution No. 93 -XX
authorizing contract for deposit of monies with First
Interstate Bank.
5.5.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE USE OF
CITY CREDIT CARDS FOR DESIGNATED OFFICIALS.
Recommended Action: Adopt Resolution No. 93 -XX
authorizing the use of City credit cards for designated
officials.
5.5.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE
DEPOSIT AND WITHDRAWAL OF MONIES IN AND FROM THE LOCAL
AGENCY INVESTMENT FUND IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 16429.1 FOR THE PURPOSES OF INVESTMENT.
Recommended Action: Adopt Resolution No. 93 -XX
authorizing the deposit and withdrawal of monies in and
from the Local Agency Investment Fund (LAIF).
5.6 BOND EXONERATION - STORM DRAIN IMPROVEMENTS - PARCELS 2
AND 4 OF PARCEL MAP 14319 AT 22344 AND 22364 GOLDEN
SPRINGS DRIVE - Storm Drain No. P.D. 1747 was constructed
in 1987 as part of improvements to Parcels 2 and 4 of
Parcel Map 14819. The City may exonerate the "labor and
materials" bond posted for the construction but will
withhold $62,331 remaining in a passbook account to
secure correction of a discrepancy between the storm
drain easements described on Parcel Map 14819 and the
actual design and installation described on the
construction drawings. The correction is currently being
initiated by the developer.
Recommended Action: Approve release of security deposit
posted for construction of Storm Drain P.D. 1747 on
Parcels 2 and 4 of Parcel 14819 in the amount of
$311,316. Further, direct the City Clerk to notify Los
Angeles County, Downey Savings & Loan Assn. and DSL
Service Company of the City Council's action.
5.7 AGREEMENT FOR LEGAL SERVICES FOR SPECIAL LITIGATION - At
their meeting of March 2, 1993, the City Council agreed
to hire the firm of Rutan & Tucker to provide special
litigation services relative to the lawsuit filed by
Diamond Bar Associates.
MARCH 16, 1993 PAGE 3
Recommended Action: Approve the letter agreement for
execution by the Mayor on behalf of the City Council.
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, LTC.
6.1 PROCLAIMING APRIL, 1993 AS "FAIR HOUSING MONTH"
6.2 PROCLAIMING PUBLIC HEALTH WEEK - APRIL 5 - 11, 1993.
7. OLD BUSINESS:
7.1 COMMISSION APPOINTMENTS - As recommended by C/MacBride:
Planning Commission - Michael Li
Parks & Recreation - David Schey
Traffic & Transportation - Diana Cheng
Recommended Action: Ratify nominations suggested by
C/MacBride for appointments to the Planning, Parks &
Recreation and Traffic & Transportation Commissions. .
7.2 FEASIBILITY OF MEDIAN ISLANDS ON GOLDEN SPRINGS DRIVE,
BETWEEN BREA CANYON ROAD AND THE STATE ROUTE 57 OVERPASS
- At the September 15, 1992 City Council meeting, the
Council was provided with the preliminary layout of the
proposed medians along Golden Springs Dr. As directed by
the Council, staff conducted traffic counts and solicited
comments from the businesses with respect to the proposed
medians.
Recommended Action: The medians be limited to construc-
tion on Golden Springs Dr. between 260 ft. west of Adel
Ave. and the State Route 57 Overpass and that striped/
painted medians continue to be 'provided between Brea
Canyon Rd. and 260 west of Adel Ave.
7.3 ORDINANCE NO. 01 (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER
22.78 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED BY REFERENCE PERTAINING TO TRIP
REDUCTION AND TRAVEL DEMAND MEASURES - State statute
requires that local jurisdictions adopt and implement a
(TDM) Ordinance consistent with the County Congestion
Management Program (CMP), which encourages car pooling,
van pooling, transit ridership and non -motorized
transportation. On March 2, 1993 Council approved the
first reading of TDM Ordinance No. 01 (1993).
Recommended Action: Approve second reading by title
only, waive full reading and adopt Ordinance No. 01
(1993) pertaining to trip reduction and travel demand
measures.
MARCH 16, 1993
PAGE 4
8. NEW BUSINESS:
8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 92-44
- The Superior Court has directed the City Clerk to
certify the petition entitled "Referendum Against
Resolution No. 92-44 Passed by the City Council." The
order of the Court was entered February 25, 1993. The
Court's order was stayed for ten days to allow the City
time to consider an appeal of the judgment of the Court.
Recommended Action: 1) If the Council decides to repeal
Resolution No. 92-44, it is recommended that a series of
public hearings be conducted related to the draft General
Plan. It is recommended that the hearings be conducted
on consecutive Thursday evenings, subject to the
availability of the entire Council, commencing April 8th
and continuing through May 13th. The hearings are
recommended to be held at 7:00 p.m. in the AQMD
Auditorium.
2) It is further recommended that the General Plan be
revised; and that the following issues be a part of the
discussion regarding changes: 1) the number of total
developed acres, 2) the number of total housing units, 3)
reference to a transportation corridor in the
sphere -of -influence area (Tonner Canyon), and 4) an
evaluation of circulation system impacts.
3) In addition, it is recommended that the Council
authorize the retention of a consultant team to assist in
a variety of tasks necessary to revise the General Plan
into an essentially different General Plan. The
following consultant team is recommended:
Planning
Environmental
Traffic Engineer
Public Education
Legal
Economics
Cotton/Beland Associates (CBA)
Ultrasystems Engineers
Austin -Foust
Moore, Iacofano & Goltsman (MIG)
Richards, Watson & Gershon
Alfred Gobar & Associates
All of the above recommended professional firms are well
experienced in the creation of general plans; and, more
particularly here, in the revision of general plans. At
this point, it is not possible to affix an estimated cost
for the General Plan revision. However, the estimated
cost should be available at the March 16, 1993 meeting.
8.2 ORDINANCE NO. XX (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO THE
PREVENTION AND REMOVAL OF GRAFFITI AND OTHER INSCRIBED
MATERIAL AND ESTABLISHING THE PAYMENT OF A REWARD FOR
INFORMATION LEADING TO THE CONVICTION OF GRAFFITI
MARCH 16, 1993
PAGE 5
INSCRIBERS - To combat the graffiti plaque, the
Government Code has empowered cities to enact ordinances
relating to the prevention and abatement of graffiti, as
well as the use of public funds for removal of graffiti
or other inscribed material upon public or privately -
owned structures located within their jurisdiction.
Recommended Action: It is recommended by the City
Council's Graffiti Subcommittee that Ordinance No. XX
(1993) relating to the prevention and removal of graffiti
and other inscribed material, be approved for first
reading by title only.
9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters
can be heard.
9.1 VESTING TENTATIVE TRACT NO. 50519, ZONING CHANGE NO. 91-1
and DEVELOPMENT REVIEW NO. 91-2 - The applicant is
requesting approval to subdivide a 2.3 acre site into 34
individual ownership lots/ units and three (3) common
lots, to change the zone classification from C-1
(Restricted Business) to Zone R -3-(15)U (Limited Multiple
Residence) and to obtain design review of the
architecture, exterior treatments, and site plan of the
proposed development.
Recommended Action: It is recommended that the City
Council open the public hearing, receive testimony and:
1) adopt Resolution No. 93 -XX entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
APPROVING DEVELOPMENT REVIEW NO. 91-2 FOR THE DEVELOPMENT
OF A 34 UNIT CONDOMINIUM COMPLEX ON A 2.3 ACRE SITE
LOCATED AT 23575 GOLDEN SPRINGS DRIVE, DIAMOND BAR,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF; 2)
adopt Resolution No. 93 -XX entitled: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
APPROVING VESTING TENTATIVE TRACT MAP NO. 50519 FOR THE
SUBDIVISION OF A 2.3 ACRE SITE INTO 3 COMMON LOTS AND 34
CONDOMINIUMS LOCATED AT 23575 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF; and 3) approve for first reading by title only
and waive further reading of Ordinance No. XX (1993)
entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF DIAMOND BAR BY RECLASSIFYING CERTAIN REAL
PROPERTY, HEREIN DESCRIBED, FROM THE C-1 (RESTRICTED
COMMERCIAL) ZONE TO THE R -3-(15)U (LIMITED MULTIPLE
RESIDENCE, 15 UNITS MAXIMUM PER GROSS ACRE) ZONE. (ZONE
CHANGE NO. 91-1).
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
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TO:
FROM: .
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
CITY CLERK
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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: / f DATE:
ADDRESS: PHONE;_
ORGANIZATION:
AGENDA #/SUBJECT: (/
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
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FROM: I /�I /`J S C /-/A DATE: �w
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ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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Signa re
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT
CITY CLERK
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PHONE: `�
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
FROM: / ! � r. r' i �t � C '!`. DATE: 116
ADDRESS: � f 7 T F ! PHONE: 6
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
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TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DA,eRY1 DATE:
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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.
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:,�/Z- �rDATE:
ADDRESS: �I% lql),C'7-) 6,e-)6oL) PHONE: 5
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
' Signature
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
DATE:
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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
Eileen R. Ansari
Mayor
Robert S. Huff
Mayor Pro Tem
Clair W. Harmony
Council Member
Carol Herrera
Council Member
Gary H. Werner
Council Member
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21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 917654177
(909) 860.2489 • Fax: (909) 861-3117
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CITY OF DIAMOND I5AK
AGENDA REPORT AGENDA NO. 7,
TO: Mayor and City Council
MEETING DATE: March 16, 1993 REPORT DATE: March 12, 1993
FROM: Terrence L. Belanger, City Manager
TITLE: Consideration of the Repeal of Resolution No. 92-44.
SUMMARY: The Orange County Superior Court has directed the City of Diamond Bar City Clerk to certify
the petition entitled, "Referendum Against Resolution No. 92-44 Passed By The City Council." The order of
the Court was entered February 25, 1993. The Court's order was stayed for ten (10) days to allow the City
time to consider an. appeal of the judgment of the Court.
Once the Order of the Court is served upon the City Clerk, the legislative act, which is the subject of the
referendum petition, is suspended by operation of law. In actuality, the General Plan has been suspended for
the past several months. The City has been operating, for land use and building permit purposes, under
Ordinance No. 4. Pursuant to the Order of the Court, the City will continue to operate under Ordinance No.
4, until the reconsideration and repeal of or plebescite on Resolution No. 92-44 has been finally concluded.
Upon the report of the certification of the referendum petition, Resolution No. 92-44 must be reconsidered by
the City Council. Upon reconsideration, the Council has the option of repealing the legislative act or not
repealing the legislative act.
Although the City had not yet formally received the Order of the Court or the directed certification of the
referendum petition report from the City Clerk, at its meeting of March 2, 1993 the City Council directed the
City staff to prepare a resolution to repeal Resolution No. 92-44. The City staff was further directed to place
the matter of the reconsideration and repeal of Resolution No. 92-44 on the March 16, 1993, City Council
meeting agenda. As a consequence of the Superior Court and the City Council directives, the City Clerk's
Certificate of Examination of the Referendum Petition, which certifies the sufficiency of the petition, and a
resolution which would repeal Resolution No. 92-44, are a part of the Council Meeting Agenda for March 16,
1993.
Notwithstanding the Council intent in its directive to prepare a resolution of repeal, if the Council decides not
to repeal Resolution No. 92-44, the Council must call an election, not sooner than 88 days after said decision,
to submit the legislative act to a vote of the electorate.
As a further note, if the Resolution No. 92-44 is repealed,
period of one year. However, this one year restriction
enactment is essentially the same as the prior one (Reagan v
C.A.2d 618).
the legislative act cannot again be enacted for a
on enactment will not apply, unless the second
. City of Sausalito (1962) 26 Cal.Rptr. 775, 210
When the Council repeals Resolution No. 92-44, the Council can immediately begin the process necessary to
make essential amendments to the General Plan. However, the matter of the one year restriction related to a
subsequent enactment, which is essentially the same as the prior one, must be reconciled in order to enact a
general plan sooner than one year.
The question is, "What does essentially the same mean?" Since the requirement that a City have an effective
and enforceable General Plan is set forth by State statute, it is arguable that the subsequent adoption of a
General Plan is not essentially the same enactment, if changes to the General Plan adopted by Resolution 92-44
Repeal: Resolution 92-44
March 16, 1993
Page Two
were accomplished. Therefore, it is important to look for guidance as to the meaning of "essentially the same
enactment" as the limitation could be applied to an enactment of a subsequent, revised General Plan.
Resolution No. 92-44 does not in or of itself set forth the contents of the 117 page General Plan. Rather,
Resolution No. 92-44, after reciting statutory requirements and the adherence of the City thereto, adopts the
General Plan in Section B (6). In its judgment, the Court found that Resolution No. 92-44 did not fully set
forth the General Plan as part of the text of the resolution; nor, was the General Plan found to be attached by
reference as though fully set forth. Hence, by its judgment, the Court has found that the policies, objectives,
technical appendices and environmental impact report of the General Plan are not a part of Resolution No. 92-
44. Instead, the Court implies by its judgment that the General Plan is merely adopted by Resolution No. 92-
44.
Arguably, Resolution No. 92-44 is not a legislative act in that it neither fully sets forth the General Plan, nor
refers to the General Plan by reference as though fully set forth. In Forstner v. City and County of San
Francisco, 52 Cal. Rptr. 621, 626, 243 C.A.2d 625, 67 C.2d 666, the Court held that a legislative act is
"...one which prescribes what the law shall be in future cases arising under its provisions..." The Orange
County Superior Court found that the General Plan was not contained within the provisions of Resolution No.
92-44. Since Resolution No. 92-44, within its provisions, has been found to not prescribe what the law shall
be in future cases, it (Resolution No.92-44) is arguably not a legislative act of the kind to be utilized to
determine essential sameness or essential differences.
Hence, it is not the provisions of Resolution No. 92-44 that should be used to measure what is or is not
essentially the same or essentially different. Rather, it is the enacted 117 page General Plan that is the basis
for measuring essential sameness or essential differences as held in Reagan.
The General Plan, which the City Council enacted on July 14, 1992, is set forth in 117 pages. Attached to
the General Plan are technical appendices and an environmental impact report. Presuming that what is meant
by "essentially the same enactment" pertains to the General Plan itself, not Resolution No. 92-44, then it is
prudent to determine what is not "essentially the same enactment".
Since the matter of the General Plan, in the context in which is being discussed here, has been raised by a
referendum petition, it is logical to analyze the petition form to discern the parameters of what is "essentially
the same enactment." Why? First, the petition form did not include the enacted General Plan or any of its
attachments; nor was it available for review at the place where the petitions were circulated. Second, the
petition referenced a 91 page unenacted draft General Plan document, which was later asserted to have
informed the community of the provisions of the General Plan. In point of fact, the 117 page General Plan
enacted by the City Council, which was a substantially and significantly different document than the petition
referenced unenacted draft 91 page document, is the legislative act that is the measure of essential sameness
or essentially different.
These facts taken together, 1) the enacted 117 page General Plan and its attachments were not available for
review in the petition form itself or at the places where the petition was circulated, 2) the referenced 91 page
draft document was not an enacted General Plan, and 3) the enacted 117 page General Plan was essentially a
substantially and significantly different document than the petition referenced 91 page unenacted draft General
Plan, would lead to the conclusion that the community, in general, or the petition signers, in particular, were
not informed as to the entire contents of the enacted General Plan and its attachments.
Repeal: Resolution No. 92-44
March 16, 1993
Page Three
The above conclusion leads one back to the text of the referendum petition for an indication as to what is meant
by "essentially the same enactment". It is the only document where it can be said that the petition signer was
actually informed about issues related to the General Plan, although not the General Plan itself.
Page 1 of the petition contains the purpose of the petition, space for registered voters to sign the petition, and
the declaration of the circulator. Page Two of the petition contains the text of Resolution No. 92-44.
Page Three of the petition is entitled, "What Is Resolution 92-44?" The Resolution is described as adopting
the General Plan of the City of Diamond Bar. Yet, there is not found in the petition document any textual
references, from the enacted 117 page General Plan. Although, a proposed Land Use map exhibit was included
in the petition (pg.4), none of the textual definitions of the land use categories were included to provide context
to the map. Instead, the petition extrapolates four (4) textual references to the environmental impact report
which topically set forth subject areas of importance: Project Description, Land Use, Socioeconomics
(Housing), and Circulation.
To synthesize these categories as to the defining of "essentially the same enactment", the important issues
would appear to be:
1) the number of acres to be developed, 2) the number of housing units, 3) a transportation corridor
(undesignated) within the sphere of influence area (Tonner Canyon), and 4) impacts on the circulation system.
Under the law, as analyzed above, the Council is not prevented from legislating on the subject -matter of the
General Plan. Further, Courts have held that the Council may legislate prior to the one year "...if it acts in
good faith and with no intent to evade the effect of the referendum petition..." As in the case of deter -mining
what is essentially the same or essentially different enactments, it prudent to look to the referendum petition
in determining what is the effect of the referendum petition. The abovementioned referendum petition
delineated four (4) important issues provide guidance, as regards the "good faith" test.
The preceding discussion leads to creation of a process that is intended to expeditiously revise the draft General
Plan. With the repeal of Resolution No. 92-44, the 117 page General Plan is before the City Council for its
consideration as a draft General Plan. The California Government Code requires that a newly incorporated
municipality enact a general plan within thirty months of incorporation. The City of Diamond Bar was granted
an extension of time to August 1992, to enact its General Plan. The City did, in fact, enact a General Plan
within the prescribed time, as required by law. Yet, nearly 48 months after incorporation, the City does not
have an effective and enforceable General Plan. Although there is no precedent for the situation the City is
confronting, the City, arguably, is not in compliance with the law. Therefore, it is critically important to move
forward as a municipality and as a community, by taking those actions which are necessary and prudent to
bring into full force and effect a General Plan for the City of Diamond Bar.
Recommendation:
1. If the City Council decides to repeal Resolution No. 92-44, it is recommended that the City
Council conduct a series of public hearings related to the draft General Plan. It is recommended
that the hearings be conducted on consecutive Thursday evenings, subject to the availability of
the entire Council, commencing April 8th and continuing through May 13th. The hearings are
recommended to be held at 7:00 p.m., at the SCAQMD Board Auditorium.
Repeal: Resolution No.92-44
March 16, 1993
Page Four
Recommendation (continued):
It is recommended that the General Plan be revised; and, the following issues be a part of the
discussion regarding changes: 1) the number of total developed acres, 2) the number of total
housing units, 3) reference to a transportation corridor in the sphere -of -influence area (Tonner
Canyon), and 4) an evaluation of circulation system impacts.
It is recommended that the City Council authorize the retention of a consultant team to assist in
a variety of tasks necessary to revise the General Plan into an essentially different General Plan.
The following consultant team is recommended:
Planning Cotton/Beland Associates (CBA)
Environmental Ultrasystems Engineers
Traffic Engineer Austin -Foust
Public Education Moore, Iacofano & Goltsman (MIG)
Legal Richards, Watson & Gershon
Economics Alfred Gobar & Associates
All of the above recommended professional firms are well experienced in the creation of general
plans; and, more particularly here, in the revision of general plans. At this point, it is not
possible to affix an estimated cost for the General Plan revision. However, the estimated cost
should be available at the March 16, 1993, meeting.
21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 917654177
909-860-2489 - FAX 909-861-3117
c(opy
CERTIFICATE OF EXAMINATION
REFERENDUM PETITION
I, Lynda Burgess, City Clerk, City of Diamond Bar, California,
hereby certify:
That the Petition entitled "Referendum Against Resolution No.
92-44 Passed by the City Council" has been examined pursuant
to California Elections Code Section 4054.
I have examined said petition and, as a result of such
examination, have determined the following:
1. The total number of valid signatures required by law is
2,481.
2. The prima facie total number of signatures on the
petition is 4,371.
3. The total number of valid signatures is 2,967.
4. The total number of disqualified signatures is 1,404.
5. The total number of petition sections is 464.
6. The total number of petition sections qualified is 464.
7. The petition is found to be sufficient.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal this 11th day of March, 1993.
L
(SEAL) 62
Lynd& Burgess, C ty Clerk
GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FOBBING DEXTER D. MacBRIDE GARY H. WERNER
Mayor Mayor Pro Tem Coundlmember Coundbnember Coundbnember
RECYCLED PAPER
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING RESOLUTION NO. 92-44.
A. Recitals.
(i) On July 14, 1992, the City Council of the City
of Diamond Bar adopted its Ordinance No. 92-44 adopting and
approving the City's General Plan.
(ii) On or about August 10, 1992, a referendum
petition concerning Resolution No. 92-44 was submitted to the
City Clerk of the City of Diamond Bar.
(iii) The City Clerk has certified the sufficiency of
the signatures on the subject referendum petition, under
compulsion of a court order, and presented said certification to
the City Council of the City of Diamond Bar.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and resolve as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Resolution.
2. Resolution No. 92-44 hereby is repealed, in its
entirety.
3. The City Clerk shall certify to the adoption of
this Resolution.
1
1993.
PASSED, ADOPTED AND APPROVED this day of ,
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
1993, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
C\1011\RE5092.44\DB 6.4 2
REFERENDUM AGAINST RESOLUTION No. 92-44 PASSED BY THE CITY COUNCIL:
The undersigned registered voters of the City of Diamond Bar protest the adoption on July 14, 1992,
of Resolution No. 92-44, (printed in full on Page 2) adopting the General Plan.
REGISTERED VOTERS OF THE CITY OF DIAMOND BAR
OFFICE USE
PRINT NAME PRINT N A M E SIGNATURE
SIGNATURE
PRINT ADDRESS 2 3 $ I X TN STR,"T CITY D /AJNOA,lO SAK, G1 ZIP 91'76Sr
PLEASE WMT - DO 90 USE P.O. SOX NU1U/IERS - COWL,ETE FILL ADDQNe hd. Q • g
PRINT NAME
SIGNATURE
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ZIP
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ZIP
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ZIP
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ZIP
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ZIP
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ZIP
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ZIP
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ZIP
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CITY
ZIP
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ZIP
DECLARATION OF CIRCULATOR
I am a registered voter of the City of Diamond Bar, State of California. I circulated this petition and saw the
signatures being written. To my best information and belief, each signature except the sample is the genuine
signature of the person whose name it purports to be. All signatures were obtained between the dates of July 18,
1992 and August 14, 1992. 1 declare under penalty of perjury that the contents of this declaration are true and
correct.
RESOLUTION NO. 92-44
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR ADOPTING A
GENERAL PLAN FOR THE CITY OF DIAMOND BAR.
A. Recitals.
(i) The City of Diamond Bar heretofore
initiated proceedings to adopt a General Plan
pursuant to Title 7, Division 1 of the California
Government Code, 11 65360 and 65361.
(ii) Pursuant to 1 65361, of the California
Government Code, opportunities were provided for
community participation throughout the process of
creating the General Plan through the formation of
a General Plan Advisory Committee (GPAC). Said
GPAC was appointed to recommend upon the
specific plan components of the proposed General
Plan, and held public, advertised hearings.
(iii) Pursuant to the California Environmental
Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, a Final
Environmental Impact Report has been prepared,
considered, and certified to adequately address the
general environmental setting of the proposed
project, its significant environmental impacts and the
alternatives and mitigation measures related to each
significant environmental effect of the proposed
project. The City Council has considered the
information contained in the Final Environmental
Impact Report prior to approval of the General Plan.
The City Council has adopte4 its Resolution NO. 92-
43, which discusses all significant environmental
effects and corresponding mitigation measures,
together with a Statement of Overriding
Considerations. Further, a Mitigation Monitoring
Plan has been prepared and made a part of the Final
Environmental Impact Report to ensure
implementation of mitigation measures identified in
said Report.
(iv) On July 30, 1991, copies of the draft
General Plan were mailed to affected agencies
pursuant to 1 65352 of the California Government
Code.
(v) The Planning Commission of the City of
Diamond Bar conducted duly noticed study sessions
on July 22, August 12 and August 26, 1991 to
consider and receive public testimony on the draft
General Plan. The Planning Commission conducted
a duly noticed public hearing, during which it
received public testimony and duly considered all
evidence presented, on September 9 and September
23, 1991 and on April 13, April 20, April 27, May
4, May 11, May 18, May 21, May 26, May 28,
June 1 and June 8, 1992.
(vi) On June 9, June 16, June 23, June 30,
July 7 and July 14, 1992, the City Council of the
City of Diamond Bar conducted a duly noticed public
hearing, whereby public testimony was received
with respect to all plans/elements of the General
Plan, and concluded said hearings on July 14, 1992.
In the course of said public hearing, the City Council
received and deliberated upon written and oral
testimony from members of the public, City staff,
State agencies, local agencies, consultants and
Commissions of the City.
(ix) The City Council considered, individually
and collectively, the five sections comprising the
Diamond Bar General Plan, the related appendices
and the draft Environmental Impact Report prepared
in respect to the draft Diamond Bar General Plan.
The draft General Plan incorporates the seven
mandatory elements established in Government
Code 1 65302 into fivecompcoAbruirAbe s
components, specifically:
4 o. ` :
:
B. Resolution.
NOW, THEREFORE, it is hereby found,
determined and resolved by the City Council of the
City of Diamond Bar, as follows:
1. The City Council of the City of Diamond
Bar hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are
true and correct.
2. Documentation has bden prepared in
compliance with the California Environmental Quality
Act of 1970, as amended, and the guidelines
promulgated thereunder, and further, this Council
has reviewed and considered the information
contained in the environmental documentation,
including the Environmental Impact Report and
Mitigation Monitoring Plan, with Respect to the
Project identified in this Resolution and has
determined it to be complete and adequate.
3. The City Council hereby determines that:
(a) The five components of the
Diamond Bar General Plan, Including all appendices,
completely address the mandatory elements, and the
mandatory legal contents required therein, pursuant
to California Government Code 1 65302 and all
other applicable sUM4113.
(b) The Draft General Plan, as
amended, is informational, readable, and available to
the public pursuant to California Government Code
1 65357.
(c) The five components, including
appendices, are internally consistent under California
Government Code
165300.5.
(d) The Draft General Plan, as
amended, is consistent with State of California
policies, rules, regulations eeallil
a)ThaGnrPan covers all
territory within the corporate boundaries of the City
of Diamond Bar and further, incorporates all lands
outside the corporate boundaries of the City of
Diamond Bar which the City Council has judged to
bear a reasonable relationship to Diamond Bar's
planning activities pursuant to California
Government Code 1 63500.
(f) TheDraft
nterato aCCaliforniaan
term in perspective Pursua
Government Code
i 83500;
(g) The Draft General Plan reasonably
addresses an local relevant issues and concerns
currently identified.
4. The City Council of the City of Diamond
Bar hereby finds that adoption of the General P1ar,
Willi generate benefits which clearly outweigh t r e
adverse impacts, as specified In the Statement .
Overriding Considerations.
5. The City Council of the City of Diamc-
Bar hereby finds that the General Plan for the Circ
Diamond Bar has been prepared in accordance w
Articles 5 and 6 of Title 7, Division 1 of
California Government Code and hereby adopts
General Plan as the General Plan of the C t ,
Diamond Bar.
6. The City Clerk shall certify to
adoption of this Resolution.
ADOPTED AND APPROVED this 14th day of
1992.
(Signed y Jay Kim, Mayor)
I, LYNDA BURGESS, City Clerk of the C
Diamond Bar, do hereby certify that the fore.:
4lsenli ftiA!� uN�w r%s!!�/C A04 --
WHAT IS RESOLUTION 92-447
The Resolution is a six page document adopting the General Plan of the City of Diamond Bar. When it was adopted, the
City Council agenda described the General Plan as follows: 'Draft General Plan: The General Plan expresses a comprehensive
strategy for the management of growth and change within the community throughout the next twenty years. On June 9, the City
Council began a series of public hearings on the General Plan. The purpose of the July 14, public hearing is to review final revisions
to the General Plan. -
The General Plan consists of the seven mandatory elements established in Government Code 11 65302 incorporated into
five components, specifically: 1. The Plan for Public Services and Facilities, 2. The plan for Resource Managament (open Space
and Conservation Elements), 3. The Plan for Public Health and Safety (Noise and Safety Elements), 4. The Plan for Physical Mobility
(Circulation Element), and 5. The Plan for Community Development (Land Use and Housing Elements).
Important elements of the size and nature of the General Plan are summarized in these sections of the approved
Environmental Impact Report (E.I.R.) associated with the General Ran:
Ill. PROJECT DESCRIPTION (see E.I.R. Page III -1)
B. CITY CHARACTERISTICS
The City presently occupies 9,583 acres 115 square miles) within its incorporated boundaries. According to
preliminary 1990 federal census figures, the City has a population of 53,672 residents and a housing stock of
17,664 dwelling units.
The City's Sphere of Influence, as approved by the Los Angeles County Local Agency Formation Commission,
encompasses 3,591 acres (5.6 square milesl immediately south of the City limits to the Los Angeles/Orange
County line. This area includes the middle portion of the pristine Tonner Canyon.
LAND USE (see E.I.R. Page IV -6-7)
2. IMPACTS
Ultimate buildout of the City will convert 1,913 acres of the existing 2,764 vacant acres (69 percent) to various
suburban uses, primarily housing. The remaining lands will remain as open space resources for City residents.
Planned development of the several remaining large open space areas, including Tres Hermans and the south and
of the 'The Country', will ultimately change their overall character. However, this change need not be viewed
as negative if they are sensitive to natural resources and surroundkV land uses.
Development within Tonner Canyon under the proposed General Plan would cause substantial changes to the land
uses within the canyon; however, the City has designated the canyon as agricultural. Development of a regional
road would have a significantly adverse impact on land use within the canyon, especially as it could induce growth
into this otherwise undisturbed canyon. For additional data on the extent of potential impacts to land uses within
the City or its sphere of influence, see the Issues and Opportunities portion of Section II -0 on Land Use in the
Master Environmental Assessment.
SOCIOECONOMICS (HOUSING) (see E.I.R. Page IV -12)
2. IMPACTS
Development of the City according to the proposed General Plan will increase the City's population by 18,742
residents, up to 72,414 (see Table NI -6 of the Project Description). The amount of housing will increase to 23,899
units over the existing 17,864 units and its composition will remain predominately single family 180 percent). For
additional data on the extent of potential population or housing impacts within the City, see the Issues and
Opportunities portion of Section II -1 on Socioeconomics in the Master Environmental Assessment.
CIRCULATION (See E.I.R. Page IV -38)
IMPACTS
As part of the Draft Circulation Element, DKS Associates prepared a Travel Forecast Model to estimate future
intersection and roadway impacts in Diamond Bar. According to the DKS mode(, buildout of the City will
incrementally increase traffic on local roadways as well as routes that provide regionals access. However, most
of the anticipated future traffic will result from development outside of the City limits, primarily from areas to the
east. Development in areas such as Chin Hills will significantly increase traffic on local streets, creating more
congestion at local intersections (LOS E and F) that already exceed an acceptable service level (LOS D), while also
causing more local intersections to exceed this standard as well. For additional data on the traffic model, refer
to section 4 of the DKS Associates traffic study.
The adopted General Plan has three maps; one shown on reverse side.
The full text of the General Plan is available for your review at Diamond Bar City Hall, Planning Dep't., 21660 E. Copley Dr., Suite
190, Diamond Bar, CA 91765. Phone (714) 396-5676. The General Plan is described in full in about a 91 page document.
Available also is the Environmental Impact Report associated with the General Plan. DO NOT SIGN THIS PETITION if you can not
make an informed decision. A summary is attached as a brief.
LEGEND
G E
RR 1 D AL E51DENTIAL VP PLIL1C FACILITIES
RLQ L13W DENSITY RESIDENTIAL r-1 WATER
PROPOSED
LAND USE MAP
UL1!IIl�II BAR
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. % ,
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 16, 1993 REPORT DATE: March 11, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Feasibility of median islands on Golden Springs Drive, between Brea Canyon Road and the State
Route 57 Overpass
SUMMARY: At the September 15, 1992 City Council meeting, the Council was provided with the preliminary
layout of the proposed medians along Golden Springs Drive. As directed by the City Council, staff conducted
traffic counts and solicited comments from the businesses with respect to the proposed medians.
RECOMMENDATION: That medians be limited to construction on Golden Springs Drive between 260 feet
west of Adel Avenue and the State Route 57 Overpass and that striped/painted medians continue to be provided
between Brea Canyon Road and 260 west of Adel Avenue.
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: Median Layout
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? _ Yes X No
Report discussed with the following affected departments: N/A
37;
B*1&1�6
Terrence L. Belanger
City Manager
INJ44V
Geor e A. Wentz
Interim City Engineer
CrFY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Feasibility of median islands on Golden Springs Drive, between Brea
Canyon Road and the State Route 57 Overpass
ISSUE STATEMENT
The feasibility of constructing median islands on Golden Springs Drive,
between Brea Canyon Road and the State Route 57 Overpass.
RECOMMENDATION
That medians be limited to construction on Golden Springs Drive between 260
feet west of Adel Avenue and the State Route 57 Overpass and that
striped/painted medians continue to be provided between Brea Canyon Road and
260 feet west of Adel Avenue.
FINANCIAL SUMMARY
The estimated cost for the proposed fully landscaped medians is $70,000 and
for the proposed river rock medians is $50,000.
BACKGROUND/DISCUSSION
At the September 15, 1992 City Council meeting, staff presented preliminary
design layout of the proposed medians on Golden Springs Drive, between Brea
Canyon Road and the State Route 57 Overpass. The key comments/issues
discussed by the Council are as follows:
* Impacts on businesses;
* Traffic counts; and
* Utilization of river rocks.
To better evaluate the feasibility of installing median islands through the
entire section and to evaluate the lengths of the proposed left -turn bays,
counts of left -turn traffic movements were performed during peak periods for
each potential left -turn location along Golden Springs Drive. Additionally,
left -turn egress counts were conducted for In -N -Out, Carrow's Restaurant,
Moe's Liquor, and Armstrong's Nursery. Attached Tables 1-4 tabulate all
counts.
Staff also solicited comments and invited the businesses whose ingress and/or
egress left -turn movements would be prohibited or restricted to discuss the
proposed median islands. The main concern/comments conveyed and discussed
are as follows:
* Financial impacts on the businesses if access is restricted;
* Ingress and egress if left -turn movement is prohibited;
* Opposition to the concept of raised medians in front of businesses; and
* On -street parking.
Page Two
Median Islands: Golden Springs Drive
March 16, 1993
Based on current information, there have been only a very limited number of
accidents in the area. Although traffic movements, particularly turning left
from In -N -Out have been a concern, there have been limited problems from an
engineering point of view.
The following are pro's and con's of installing a raised median through the
business section:
PROS
1. Medians limit access and better control movements.
2. Medians may enhance the appearance and provide opportunities for
"beautification".
3. Although certain conflicts will be eliminated, others will be created if
medians are installed.
CONS
1. All on -street parking would need to be eliminated.
2. Vehicles would have to travel long distances to be able to make a U-turn
to go westbound from businesses if left -turns are prohibited.
3. May cause need for additional drainage design.
4. Medians will add to overall maintenance costs.
There are two options for median treatment:
1. Fully landscaped; or
2. River rock.
Installation and maintenance costs are as follows:
Installation Annual Maintenance
1. Fully landscaped $70,000 $7,000
2. River rock $50,000 $500
The choice is primarily one of aesthetics and "theme". Staff believes river
rocks would be adequate. We would propose to install conduits to the medians
should the City desire to fully landscape the section in the future.
CONCLUSION:
There is not a particular engineering reason to install medians through the
road section proposed. However, if raised medians are proposed, it is
recommended that medians be installed between 260 feet west of Adel Avenue
and the State Route 57 Overpass.
PREPARED BY:
David G. Liu
C97
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T A B L E 1
DATE: 10-29-92 (Thursday)
DATE: 10-29-92 (Thursday)
LEFT TURN
INGRESS
15 MIN -----------------------------------------------------------------
PERIOD
BREA CYN RD
LIQUOR STORE
PARKING LOT
ADEL AVE.
BEGINNING(Turn
Bay #1)
(NA)
(Turn Bay #4)
-----------------
(Turn Bay #5)
--------------------------------------------------------
7:00 AM
45
0
0
5
7:15
47
0
0
2
7:30
43
0
0
5
7:45
46
1
0
1
8:00
37
2
0
5
8:15
31
3
0
3
8:30
27
2
0
0
8:45
19
0
0
3
--------------------------------------------------------------------------
TOTAL
295
8
0
24
AM PEAK
COUNT
DATE: 10-29-92 (Thursday)
LEFT TURN
INGRESS
15 MIN -----------------------------------------------------------------
PERIOD
BREA CYN RD
LIQUOR STORE
PARKING LOT
ADEL AVE.
BEGINNING
(Turn Bay #1)
(NA)
(Turn Bay #4)
(Turn Bay #5)
--------------------------------------------------------------------------
4:15 PM
23
0
1
2
4:30
23
0
0
4
4:45
27
2
0
4
5:00
39
2
0
2
5:15
25
4
0
3
5:30
33
2
0
5
5:45
26
2
0
2
--------------------------------
TOTAL
196
------------------------------------------
12
1
22
PM PEAK
COUNT
(AV
S
T A B L E 2
DATE: 10-29-92 (Thursday)
LEFT TURN INGRESS
15 MIN --------------------------------------
PERIOD IN -N -OUT CARROWS
BEGINNING (Turn Bay #2) (Turn Bay #3)
-----------------------------------------------
11:30 AM 11 0
11:45 14 1
12:00 PM 18 1
12:15 13 0
12:30 17 1
12:45 11 1
1:00 10 2
1:15 18 0
-----------------------------------------------
TOTAL LUNCH 112 6
HOUR PEAK
COUNT
DATE: 10-31-92 (Saturday)
LEFT TURN INGRESS
15 MIN ---------------------------------
PERIOD
ARMSTRONG'S NURSERY
BEGINNING
(Turn Bay #3)
-----------------------------------------------
9:00 AM
5
9:15
3
9:30
2
9:45
1
10:00
1
10:15
1
10:30
2
10:45
2
---------------
— --------------------------
TOTAL
17
AM PEAK
COUNT
T A B L E 3
DATE: 11-4-92 (Wednesday)
LEFT TURN INGRESS
15 MIN --------------------------------------
PERIOD CALTRANS WALNUT FAMILY
BEGINNING (Turn Bay #7) (Turn Bay #7)
-----------------------------------------------
6:30 AM 3 0
6:45 2 0
7:00 0 0
7:15 0 0
7:30 0 1
7:45 0 0
8:00 0 1
8:15 0 0
-----------------------------------------------
TOTAL 5 2
AM PEAK
COUNT
DATE: 11-4-92 (Wednesday)
LEFT TURN INGRESS
15 MIN --------------------------------------
PERIOD CALTRANS WALNUT FAMILY
BEGINNING (Turn Bay #7) (Turn Bay #7)
-----------------------------------------------
2:30 PM
0 0
2:45
1 0
3:00
1 0
3:15
0 0
3:30
0 0
3:45
0 0
4:00
0 0
4:15
0 0
-----------------------------------------------
TOTAL 2 0
PM PEAK
COUNT
T A B L E 4
DATE: 12-3-92 (Thursday)
LEFT TURN EGRESS
15 MIN --------------------------------------
PERIOD IN -N -OUT CARROWS
BEGINNING (West Driveway) (East Driveway)
-----------------------------------------------
11:30 AM 1 2
11:45 3 2
12:00 PM 1 1
12:15 1 0
12:30 1 5
12:45 5 4
1:00 2 3
1:15 1 1
-----------------------------------------------
TOTAL LUNCH 15 18
HOUR PEAK
COUNT
DATE: 12-3-92 (Thursday)
LEFT TURN EGRESS
15 MIN --------------------------------
PERIOD
MOE'S LIQUOR
BEGINNING
-----------------------------------------
4:30
1
4:45
3
5:00
1
5:15
1
5:30
1
5:45
5
6:00
2
6:15
1
-----------------------------------------
TOTAL
15
PM PEAK
COUNT
fhf
'i 59
FAIR HOUSING FOUNDATION 4014 LONG BEACH BLVD., SUITE 202, LONG BEACH, CA 90807 (310) 981-2280 / (800) 446-3247 / (FAX) 981-2284
11
BOARD OF DIRECTORS February 1, 1993
SHARON WEISSMAN
Chair
CLARENCE WILLIAMS
Vice Chair
DARNISATYLER
Mr. Jaynes DeStefano
Treasurer
BENJAMIN P.WASSERMAN
Planning Director
Secretary
City of Diamond Bar
21660 E. Copley Drive #190
Diamond Bar, CA 91765-4177
Dear Mr. DeStefano:
In commemoration of the passage of the Civil Rights Act of 1968, Aaril 5-
traditivnalbeen proclaimed Fair Housing nth. This year will mark the
25th Anniversary of the passage of this historical legislation, also known as
the Federal Housing Law.
One of the Fair Housing Foundation's highest priorities remains the
commitment of public education and awareness to the rights and
responsibilities afforded each and every person under this law.
We are,asking I'Ar the Gi(y
Foundation and present a proclamation during the regular City Council
meeting of April. For your review, wP have attached a sample proclamation
that the City may adopt.
The Fair Housing Foundation wishes to express its gratitude to the City of
Diamond Bar for its past support in furthering Fair housing, and we solicit
your effort in ensuring equal housing choices In America for years to come.
F9fF is a non-profit, non-partisan, educational foundation
If you have any questions, please call me at (310) 981-2280.
Sincerely,
Barbara Mowery
Executive Director
Enclosures
PROCLAMATION
FAIR HOUSING MONTH
WHEREAS, one of the greatest freedoms enjoyed by Americans is the
freedom to live in a home of one's choice, and;
WHEREAS, this is the promise made to us by the Nation's Fair Housing Law
which requires that all people be treated equally in connection with the sale
or rental of housing, regardless of race, color, religion, sex, national origin,
familial status or physicallmental handicap, and;
WHEREAS, this year marks the 25th anniversary of the Federal Fair
Housing Act, the original legislation targeting the elimination of housing
discrimination in America, and,
WHEREAS, since the adoption of fair housing legislation in April 1968, April
has been designated Fair Housing Month. Each year the U.S. Department
of Housing and Urban Development, and the Fair Housing Foundation,
organizes events and activities during this month to focus attention on the
issue of equal opportunity in housing, and;
WHEREAS, April is Fair Housing Month throughout the nation, we are
asking each resident of the City of Diamond Bar to support efforts to put into
practice the principals of freedom, justice and quality upon which this great
nation was founded.
NOW, THEREFORE, the City Council of Diamond Bar on behalf of its
citizens, do hereby proclaim April as Fair Housing Month on this _day of
April, 1990.
Signed by the City Council.
COUNTY OF LOS ANGELES • DEPARTMENT OF HEALTH SERVICES
Public Health Week Outreach Activities: April 5 - 11 1993
This does not include all activities. Please call Healthline:((800) 427-8700 for more information.
Esto no incluye todas las actividades. Por favor ]lame al (8b0) 427-8700 para -mas informacion.
PRE -PUBLIC HEALTH WEEK
ACTIVITIES
MARCH 26 - APRIL 2, 1993
PUBLIC HEALTH AND HOSPITALS:
PARTNERS FOR A HFAL771Y TOMORROW
A series of presentations by Public Health Programs
and Services staff to sir Lm Angeles County,
Department of Health Services (DHS) hospitals -
A public health photo display wili also ba in
Ike lobby of each DHS hospital
P- -Drew Medical Cento
CHILD ABUSE PREVENTION PROGRAM"
Hi>h Desert Hospital
AIDS MAIDS Y GOR R MS"
"CHILD HEALTH DISABILITY PREVENTION
PROGRAM"
Harbor-OCL.A Medical Center
"DISEASE CONTROL PROGRAM"
"PUBLIC HEALTH INVESTIGATION"
Rancho Los Ami Medical Center
IIY&S OVERVIE
"COMMUNICABLE DISEASE & TUBERCULOSIS
(IB) CONTROL"
O/ite f/ew1UCL.A Afedical Center
CALIFORNIA CHILDREN'S SERI7CES"
"ENVIRONMENTAL HEALTH"
LAC+USC Medical Center
General Hospital '
"UCO OVERVIEW '
Outpatient Department
"UCO OVERVIEW
Pediatric Hospital
"IMMUNIZATION PROGRAM"
"CHILD HEALTH DISABILITY PREVENTION
PROGRAM"
Psychiatric Hospital
"ALCOHOL & DRUG PROGRAM
ADMINISTRATION"
Women's Hospital
"CHILD ABUSE PREVENTION, GERIATRIC
PROGRAM & INJURY PREVENTION UNIT"
CEU's & CME's will be offered
for most presentations.
Contact, Christine Rufolo (818) 901-3009
WEDNESDAY MARCH 31, 1993
Acton Rehabilitation Centro
OUR CHILDREN, FAMILY, AND
COMMUNITY: PARTNERS FOR A HEALTHY
TOMORROW"- Panel Presentation
District Environmental Health Services
'ENVIRONMENTAL HEALTH IN THE COMMUNITY"
Roybal Comprehensive Health Center
245 S. Fetterly Avenue, Los Angeles
9:00 a.m. - 3:00 p.m. (CUES-THURS)
Contact: Aura WonglCynthia Galvez (213) 780-2272
Melro West County Heahh Centers Network
TUBERCULOSIS (TB) CONTROL DISPLAY -
Hollywood -Wilshire Health Center, Lobby
5205 Melrose Ave., Los Angeles
9:00 a.m. - 4:00 p.m. (CITES-FRI)
Contact: Joanne Hobbs (213) 871-4319
Metra West County Health Centers Network
"OPEN HOUSE AT DR. RUTU TEMPLE
HEALTH CENTER"
3834 S. Western Avenue, Los Angeles
2:00 p.m. - 4:00 p.m. (MON-FRI)
Contact: Valerie Rogers (213) 730-3520
Metro Sottth County Health Centers Network
"PUBLIC HEALTH THROUGH THE ETES OF
A CHILD"
Hubert H. Humphrey Comprehensive Health Center
5850 S. Main Street (Auditorium), Los Angeles
8:00 a.m. - 4:00 p.m. (MON-FRI)
Contact: Any Yakoub/Greta Rosenow (213) 235-7215
San Gabriel Valley County Heahh Cutters Network
"YOUNG AND HEALTHY DENTAL SCREENING"
Sponsored and conducted by
Pasadena Unified School District
9:00 a.m. - 11:00 a.m. (MON-Fitt)
Madison Elementary School
515 Ashtabula Street, Pasadena
Cleveland Elementary School
524 Palisade Street, Pasadena
First Grade Students
Contact:
Patricia S. Lachelt (818) 795-6981 Ext. 249
MONDAY, APRIL 5, 1993
OPENING CEREMONIES
Kinsey Auditorium
California Museum of Science & Industry
Exposition Park, 700 State Drive, Los Angcics
9:00 a.m. - 12:00 p.m.
Coastal County Health Centers Network
"DENTAL HEALTH EDUCATION FOR
YOUNG STUDENTS"
Sponsored and conducted by
Wilmington Health Suboenter Dental Hygienist
Fifteenth Street School
1527 S. Mesa St., San Pedro
8:00 a.m. to 1:30 p.m.
Kindergarten 3rd Grade Students
Contact; Mary Evans (310)518-8817
Kairer Care.A_i .,n
High Desert School BLOOD F
3710 Antelope Woods Road, Acton Lit in
9:30 a.m. - 11.00 a.m. 241 and 3121
Contact Cecil Clark (805) 269-0062 11:00 aim
FRIDAY, APRIL 2, 1993 contact: v
(DUS staff
Caornia Children's Services (CCS)
01-U CONCLAVE
California State University at Dominguez Hills
1000 E. Victoria, Carson
9:00 a.m. - 3:00 p.m.
Contact: Valerie Hernandez/Lynda Steele (818) 858-2104`
DAILY PUBLIC HEALTH WEEK
ACTIVITIES
Health ServleesAdministradon Building
"PARTNERS FOR A HEALTHY TOMORROW"
Community Agencies Display - Lobby
313 North Figueroa Street, Los Angcles
( ON FRI)
contact: Virginia Brown (213) 744-6764'
HO,USTEROL SCREENING"
tween
t Los Angeles
:13) 744-6764
EI Monte Comprehensive Health Center '
Immunization Clinic - Room 106 Front Lobby
10953 Ramona Blvd., EI Monte
8:00 10.00 a.m.
Contact: Harold Sterker (818) 579-8380
Coastal County Health Centers Network
"TAKING CARE OF YOUR TEETH"
Fifteenth Street Elementary,School
1527 So. Mesa Street, San Pedro
8:30 a.m. - 12:00 p.m.
Contact: Irma Rivera (310) 519-6109
or Tina Flucas (310) 599-8678
East County Health Cenlers Network
"TETANUS IMMUNIZATION CLINIC FOR SENIORS"
Whittier Senior Citizens Center
13225 Walnut Street, Whittier
9:00 a.m. - 11:00 a.m.
Contact: Dorina Rocha (310) 907-3205
East County Health Centers Network
"SELF MONITORING BLOOD PRESSURE
WORKSHOP"
Smith Park Senior Citizens Center
9200 Mines Street, Pico Rivera
9:00 aan. - 11:00 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
East County Health Centers Nelwork
"LEAD POISONING IN OUR COMMUNITY"
Carmela Elementary School
1300 Lakeland Road, Whittier
9:00 a.m. - 11:00 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
East County Health Centers Network
'TUE FACTS ABOUT CHILD SAFETY"
Edward R. Roybal Comprehensive Health Center
245 S. Fetterly Avenue, Los Angeles
1:00 p.m. - 4:00 p.m.
Contact: Linda Rosiles (213) 780-2441
TUESDAY, APRIL 6, 1993
North County Health Qmters Netwurk
"CHILD SAFETY SEAT INSPECTION"
North Hollywood Health Center
5300 Tujunga .Ave, N. Hollywood
8:00 a.m. - 11:00 a.m.
Contact: Ramona Jackson (818) 352-1417
or Mary Lopez (818) 766-3981
East County Health Centers Network
"FREE IMMUNIZATION CLINIC:
6 MONTHS TO 18 YEARS"
Sponsored and conducted by
LA Unified School District
Murchison Street School
1501 Murchison Street, Los Angeles
8:00 a.m. - 3:00 p.m.
Contact: Virginia Mayes (818) 997-2588
East County Health Cerners Network
"PARENTING & FAMILY FUNCTIONING"
Sponsored and conducted by LA County
Department of Children's Services/
Latino Family Preservation Project
Murchison Street School
1501 Murchison Street, Los Angeles
8:00 a.m. - 3:00 p.m.
Contact: Margaret Navarrete (213) 260-3143
San Gabriel Valley Couny Health Cenlers Nelwork
"PROMOTING TB AWARENESS" - Workshop
EI Monte Comprehensive Health Center
10953 Ramona Blvd, EI Monte
8:00 a.m. - 11:30 a.m. & 1:00 p.m. - 4:00 p.m.
Contact: Harold Sterker (818) 579-8380
Coastal County Health Centers Network
"PAP SMEAR CLINIC"
Bellnower Health Center
10005 E. Flower Street, Bellflower
8:00 a.m.-12:00 p.m. & 12:30 p.m:4:30 p.m.
Contact: Joan Yoshida/Pureza Riven (310) 804-8116
East County Health Cutlers Network
"PRENATAL CARE AND PARENTING SKILLS
FOR TEENS"
Frontier High School
9401 S. Painter Avenue, Whittier
8:30 a.m. - 11:30 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
San Gabriel Valley County Health Centers Network
"STAY HEALTHY, DONT SMOKE"
EI Monte Comprehensive Health Center
10953 Ramona Blvd, EI Monte
9:00 a.m. - 10:00 a.m.
Contact Harold Sterker (818) 579-8380
East County Health Centers Network
"LICE, SCABIES AND OTHER COMMUNICABLE
DISEASES"
Mexican -American Opportunity Foundation
9141 Burke Street, Pico Rivera
9:00 a.m. - 11:00 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
AIDS Program
"AIDS VIDEORAMA"
AIDS Program Office
600 S. Commonwealth Avenue, 6th Floor, Conf. Rm. B
9:00 a.m. - 12:00 p.m.
Contact: O.C. Hicks/Ray Plaza (213) 351-8039
Coastal County Health Centers Network
"HEALTH SCREENING"
St. Lucy's Catholic Church
2344 Cots Street, Long Beach
9:00 a.m. - 12:00 p.m.
Contact: Carol Aragon (310) 599-8646
or Tina Flucas (310) 599-8678
Tuberculosis (TB) Controt Program
'TB PREVENTION & EDUCATION -
ARE YOU AT RISKY Find Out From Experts
Department of Public Social Services Building
2707 S. Grand Avenue, tst Floor, Los Angeles
9:00 a.m. - 12:00 p.m.
Contact: Jim Swansoa/Diana DeLeon (213) 744-6160
Tobacco Control Pronto -
"QUITTERS ARE VVMNERS"
Stop Smoking Booth
Department of Public Social Ser; ices -Glendale Dist.
225 E Broadway. Glendale
9:00 a.m. - 12:00 p.m. & 1:00 p.m. - 3:00 p.m.
Contact David Aguilar (213) 387-7810
Metro Weak County Heath Centers Network
"FAMILY YLMNL\G INFORMATION TABLE"
Sponsored and conducted by JWCH Institute, Inc..
H. Claude Hudson Comprehensive Health Center
2829 South Grand Ave- Los Angeles
10:00 a.m. - 2:00 p.m.
Contact: Marjaneh Amirshahi (213) 744-3681
San Gabriel Valley County Health Centers Network
"LIVING FRESH &SMOKE FREE FOR
THE FUTURE"
Canyon High School
1000 S. Canyon, Monrovia
10:00 a.m. - 12-00 p.m.
Contact Harold Sterker (818) 579-8350
Metro South County Heakk Centers Network
"COMMUNITY OUTREACH BLOOD PRESSURE
SCREENING - SENIOR CITIZENS"
South Park Recreation Center
345 E. 51st Street, Los Angeles
10:00 a.m. - 2:00 p.m.
Contact: Any Yakoub/Greta Rosenow (213) 235-7215
Vectorbome Disease SurrrdLq d Entomology Programs
"INSECTS & ARTHROPODS OF PUBLIC HEALTH
SIGNIFICANCE"
The Plaza Mall
112 The Plaza, West Covina
10:00 a.m. - 3:00 p.m.
Contact Gail Van Gordon (213) 881400514092
Family Health Programs
"WHAT'S GOING ON IN THE REAL WORLD",
A Career Day With LAC Family Health Programs
UCLA School of Medicine, Center for Health Sciences
1st Floor, 3rd Corridor Rm. 105
10833 Le Conte Avenue, Los Angeles
11:00 a.m. - 1:00 P.M.
Contact- Ann-PetrustYinka Kosoko (213) 2447748
Metro South County Heath Centers Network
"WOMEN, INFANTS & CIIILDREN (WIC)
OPEN HOUSE"
WIC, Crenshaw Imperial Plaza Shopping Center
2646 W. Imperial Highway, Los Angeles
11:00 a.m. - 1:00 P.M.
Contact: Jennifer Jeffries (818) 570-4147
FM
Fani[Htakh PUB
"y�lR, lrc 11KALA sn
A CAREER DAY WITH FAMILY HEALTH PROGRAMS
UCLA School of Medicine
10833 Le Conte Ave, Los Angeles
Center for Health Sciences, Room 105
Contact: Ann Petrus, Yinka Kosoko (213) 240-7748
District Environmental Heath Services
"ENVIRONMENTAL HEALTH IN THE COMMUNITY"
The Plaza Mall
112 The Plaza, West Covina
11:00 a.m. - 5:00 p -m.
Contact: Adolph CortezlSola Atandare (818) 813-3380
EnvironmentaP Health -Vector Control
"HOUSEHOLD RAT AND MOUSE CONTROL"
The Plaza Mall
112 The Plaza, West Covina
11:00 a.m. - 5:00 P.M.
Contact: Ray Honda/Sharon Davis (213) 8814046
En ironmenial Health -Planning A Evaluation
"LEAD DETECTION IN HOUSEHOLD DISHWARE"
The Plaza Mall
112 The Plaza, West Covina
11:00 a.m. - 5:00 p.m.
Contact: Janet Comey (213) 881-4107
Metro West County Health Centers Network
'FANIILY PLANNING - WORKING TO REDUCE THE
WORLD'S POPULATION CRISIS"
H. Claude Hudson Comprehensive I Icalth Center
2829 South Grand Ave., Los Angeles
12:00 p.m. - 2:00 p.m.
Contact: Robert Miodovski/Velma Alvarez (213) 744-5299
North Coty Heath Centers Network
"BREASTunEXAMINATION FOR WOMEN"
Tujunga Health Center
7747 Foothill Blvd- Tujunga
1:00 p.m. - 3:30 p.m.
Contact: Deborah Roberts/Mary Lopez (818) 766-3981
Metro West County NeaGh Centers Network
"MAR 11RT1 GARDENS HEALTH FAIR"
Mar Vista Gardens Housing Project
4901 Marianwood Drive, Culver City
2:00 p.m. - 4:00 p.m.
Contact: Ammini Williams (310) 351-4540
Sexually ,,ans ,itte<! Disease (STDP
) ,o�;nwe
"PIERCING TIIE S"TIt1 ,EDUCATION BARRIER
CONDOM JEWELRY WORKSHOP TRAINING"
STD Training Center
5580 E. Imperial Highway, South Gate
2:00 p.m. - 4:00 p.m.
Contact: Jack Carrel (310) 940-8311
WEDNESDAY, APRIL 7, 1993
Las Angeles County
"N'OKLD HEALTH DAY: Violence Prevention
Day in Los Angeles"
Sponsored by the DHS Injury Prevention &
Control Project and the Los Angeles
Violence Prevention Coalition
Contact: Billie Weiss (213) 2447785
San Gabriel Valley County Heahh Centers Network
"FAMILY PLANNING INFORMATION TABLE
Sponsored and conducted by JWCH Institute, Inc.
EI Monte Comprehensive Health Center
10953 Ramona Blvd, EI Monte
8:00 a.m. - 11:00 a.m.
Contact: Harold Sterker (818) 579-8380
San GabrielYaUry'County Heakh Centers Network
"FAMILY PLANNING OPEN HOUSE
EI Monte Comprehensive Health Center
10953 Ramona Blvd, EI Monte
8:00 a:m - 11:00 a.m.
Contact: Harold Sterker (818) 579-8380
North County Health Centers Network
;asirJa wufl►1101T1f1111 R IAIIo _
6 MONTHS TO 18 YEARS"
Sponsored and conducted by
LA Unified School District
Telfair Avenue School '
10975 Telfair Avenue, Pacoima
8:00 a.m. - 3:00 p.m.
Contact: Virginia Hayes (818) 997-2588
Metro South Qajt Health Centers Network
"FREE IMMUNIZATION CLINIC:
6 MONTHS TO 18 YEARS"
Sponsored and conducted by
LA Unified School District
Holmes Avenue School
5108 Holmes Avenue, Los Angeles
8:00 a.m. - 3:00 p.m.
Contact: Virginia Hayes (818) 997-2588
San Gabriel Vaa CountyHealth Centers Network
"SEXUALLY TRANSMITTED DISEASE (STD)
AWARENESS"
EI Monte Comprehensive health Center
10953 Ramona Blvd., El Monte
S:00 a.m - 11:00 a.m.
Contact: Harold Sterker (818) 579-8380
Tubercutosis (TB) Control Program
"PUBLIC HEALTH AS A PROFESSION"
Francisco Bravo Medical Magnet Senior High School
1200 N. Cornwell. Los Angeles
8:00 a.m. - 3:00 P.M.
Contact: Diana DeLeon
or Wyndham Reed (213) 744-6160
San Gabriel IPIN Heath Centers Nelwork
"ONLY YOU CAN PREVENT TOOTH DECAY"
Alhambra Health Center
612 W. Shorb Street, Alhambra
8:00 a.m. - 12:00 p.m.
Contact: Harold Sterker (818) 579-8380
Fast County Heakh Centers Network
"LEAD MON1NG IN LA'I1N0 CHILDREN:
WHAT PARENTS NEED TO KNOW
Co-sponsored by IA County Department of Health
Services, LA County Department of Children's
Services, and LA Unified School District
Humphreys Avenue School
500 S. Humphreys Ave., Los Angeles
9:30 a.m. to 11:00 a.m.
Contact: Abel Martinez (213) 744-6764
AIDS Program
"LEARN THE FACES ABOUT AIDS"- Workshop
AIDS Programs Office
600 S. Commonwealth Avenue, 6th Floor, Conf. Rm. A
8:30 a.m. - 4:30 p.m.
Contact: Pamela Martindale
or Mary Lou Chavez (213) 351-8127
(Pre -registration Required
'County Staff Only)
Metro hest County Health Centers Network
TUBERCULOSIS SKIN TESTING Chntc
Dr. Ruth Temple Health Center
3834 S. Western Avenue, Los Angeles
8:30 a.m. - 10:30 a.m.
Contact: Valerie Rogers (213) 730-3520
San Gabriel Valley County NeaGh Centers Network_
"ADULT HEALTH EDUCATION"
EI Monte Comprehensive health Center
10953 Ramona Blvd., EI Monte
9:00 a.m. - 11:00 a.m.
Contact: Harold Sterker (818) 579.8380
East County Health Centers Network
"BLOOD PRESSUREStar MONITORING
WORKSHOP"
Riven Park
9533 Rivera Road, Pico Rivera
9:00 a.m. - 11:00 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
Metro South County Heath Centers Network
"YAKENTINC: MEETING THE HEALTH CARE NEEDS
Coastal County HtaGh Centers Network
OF THE CHILD'
"NUTRITION FOR TWO"
Sponsored and conducted by LA County Department of
Nutritional Needs During Pregnancy
Children's Services, Black Family Investment Project
Harbor Health Center
Hubert 1I. Humphrey Comprehensive Health Center
122 W. 8th Street, San Pedro, CA
5850 S. Main St., Los Angeles
9:00 a.m. - 11:00 a.m.
8:00 arm, - 2:00 pm.
Contact: Mary Carlson (310) 519-6111
Contact: Saundra Turner -Settle (213) 846-2144
or Tina Flucas (310) 599-8678
'East -County Health Centers Network
"LEAD POISONING IN OUR COMMUNITY"
Loma Vista Elementary School
13463 Meyer Road, Whittier
9:00 a.m. - 11:30 a.m.
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
San Gabriel Valley County Health Centers Network
"WOMEN'S HEALTH --CANCER PREVENTION"
EI Monte Comprehensive Health Center
10953 Ramona Blvd" EI Monte
9:00 a.m. - 11:00 a.m. & 1:00 - 3:00 p.m.
Contact: Harold Sterker (818) 579-8380
California Children. Services (CCS)
"CCS THERAPY - WHAT IT CAN DO FOR YOU"
Whittier Health Center
7643 S. Painter Avenue, Whittier
9:00 a.m. - 1:00 P.M.
Contact: Tracey Uditsky
or Marylou Christian (818) 858-2162
Tobacco Control Program
"QUITTERS ARE WINNERS" Stop Smoking Booth
Department of Public Social Services,
Belvedere District
5445 Whittier Blvd, Los Angeles
9:00 a.m. - 12:00 p.m. & 1:00 p.m. - 3:00 p.m.
Contact: David Aguilar (213) 387-7810
Tobacco Control Program
"AN"TI-TOBACCO EDUCATION:
A HEALTHY START NOW FOR THE YEAR 2000"
Grace Christian School
12722 Woods Avenue, Norwalk
9.00 a.m.
Contact: Carolyn Garcia
or Marilyn Rooks (310) 519-6151
District Environmental Health Services
"ENVIRONMENTAL HEALTH IN THE
COMMUNITY -
Hollywood -Wilshire Health Center
5205 Melrose Avenue, Los Angeles
9:00 a.m. - 4:30 p.m.
Contact: John Londoa/Bob Wilson (213) 871-4353
District Environmental Health Services
"ENVIRONMENTAL HEALTH IN THE
COMMUNITY" -,
Mid Valley Health Center
7515 Van Nuys Blvd, Van Nuys
9:00 a.m. - 4:30 p.m.
Contact John Bergen (818) 901-3920
Califamia Children's Services
"HTV - TAKE IT PERSONALLY"
El Rancho Teen Mothers Program
9515 Haney Street, Pim Rivera
10:00 a.m. - 1230 p.m.
Contact Lydia Banales (818) 858-2136
Metro West County Health Centers Network
"CONSOLIDATED MATERNAL EVALUATION
CENTER & PRENATAL ENHANCEMENT PROGRAM'
DISPLAY
H. Claude Hudson Comprehensive Health Center
2829 South Grand, Women's Clinic, Los Angeles
10:00 a.m. - 2:00 p.m.
Contact Andrea Welsing
or Marjorie Higgins (213) 744-3824
South County Heahh Centers Network
ILP PLANNING INFORMATION TABLE"
ored and conducted by JWCH Institute, Im
hrey Comprehensive Health Center
iouth Main Street, Los Angeles
a.m. - 2:00 p.m.
ct Matjaneh Amirshahi (213) 744-3681
Hubert H. Humphrey Comprehensive Health Center
5850 South Main Street, Los Angeles
10:00 a.m. - 2:00 p.m.
Contact: Kirby Mellinger
or Any Yakoub (213) 235-7215/7388
Metro West County Health Centers Network
'MINI COMMUNITY HEALTH FAIR"
Hall of Administration. Second Floor Lobby
500 West Temple Street, Los Angeles
10.00 a.m. - 2:00 p.m.
Contact Debbie Davenport (213) 240-8257
San Gabriel Valley Coun Jfealth Centers Network
"WOMEN, INFANTS & REN_ (WIC)
NEW SITE OPEN HOUSE";;
WIC - Pomona
170 W. Holt Avenue, Pomona -
11:00 a.m. - 1:00 p.m.
Contact: Harold Sterker (818) 579-8380
Acute CommitnicaMe Disease Control
"HOW TO AVOID BECOMING ILL DURING
YOUR VACATION"
Fox Hills Mall, Culver City
11:00 a.m. - 3:00 P.M.
Contact: Mike Tormey/Donnell Ewert (213) 240-7941
Environmental Health -Vector Control
"HOUSEHOLD RAT AND MOUSE CONTROL"
Fox Hills Mall
200 Pox Hills Mall, Culver City
11:00 a.m. - 5:00 P.M.
Contact Ray Honda/Sharon Davis (213) 881-4046
Environmental Health -Planning & Evaluation
"LEAD DETECTION IN HOUSEHOLD DISHWARE"
Fox Hills Mall
200 Fox Hills Mall, Culver City
11:00 a.m. - 5:00 p.m.
Contact: Janet Comey (213) 881-4107
District Environmental Health Services
'ENVIRONMENTAL HEALTH IN THE COMMUNITY'
Fox hills Mall
200 Fox hills Mall, Culver City
11:00 a.m. - 5:00 p.m.
Contact: Robert Hammond/Michael Doom (310) 419-5350.
Metro South County Health Centers Network
"AIDS UPDATE: WIJERE DO WE GO FROM HERE?"
Curtis R. Tucker Health Center
123 W. Manchester Blvd., Inglewood
12:00 p.m. - 1:00 p.m.
Contact: Louise McCann
or Marsha Epstein (310) 419-5331/5301
San Gabriel Valley County Health Centers Network
"PAP SMEAR SCREENING & BREAST EXAM CLINIC"
Alhambra Health Center
612 W. Shorb Street, Alhambra
12:30 p.m. - 4:30 p.m.
Contact: Harold Sicrkcr (818) 579-8380
East County Health Centers Network
"FAMILY PLANNING INFORMATION TABLE"
Sponsored and conducted by JWCH Institute, Inc.
Roybal Comprehensive Health Center
245 South Fetterly, Los Angeles
1:00 p.m. - 4:00 p.m.
Contact: Majaneh Amirshahi (213) 744-3681
San Gabriel Valley County Health Centers Network
"TOBACCO CONTROL PROGRAM OPEN HOUSE"
Alhambra Health Center
612 W. Shorb Street, Alhambra
1:00 p.m. - 3:00 P.M.
,Contact: Harold Sterker (818) 579-8380
District Environmental Health Services
"ENVIRONMENTAL HEALTH IN THE COMMUNITY"
San Antonio Health Center
6538 Miles Avenue, Huntington Park
1:00 p.m. - 4.00 p.m.
Contact: Ragi Gbaoui (213) S86-6282
OMEN S HEALT$ AND WHAT YOU
SHOULD KNOW"
Edward R. RoybalCo"lire Health Center
245 & Felterly Avenue, L Atttgcles
1:00 p.m. - 4:00 p,m. r
Contact Linda Rosilcs 13) X80 2441
or Judith Pasqual (213)]80.2204
Ea" County Heahh GN �
"NO EAST OPEN HO.,
Northeast Health Center =ff
2032 Marengo Street, Los Angeles
2:00 p.m.= 4:00 p.m.
Contact: Jeannette Johnson
or Lillian P. Lee (213) 276-541315441
THURSDAY, APRIL 8,1993
North County Heahh Centers Ndwwk
"SEAT INSPECTION" Continued
TujudgaHealth Center
7747 Foothill Blvd., Tujunga
8:00 a.m. - 11:00 a.m.
Contact: Ramona Jackson
or Mary Lopez (818) 352-1417!766-3981
San Gabnel Valley County Health Centers Network
"PAP SMEAR SCREENING & BREAST EXAM CLINIC"
Azusa Health Center -
150 N. Azusa Avenue, Azusa
8:00 a.m. - 12:30 p.m -
Contact: Harold Sterker (818) 579-8380
North County Health Centers Network
"PNEUMOCOCCAL & TETANUS IMMUNIZATIONS
FOR SENIORS"
American Red Cross - Van Nuys Service Center
14717 Sherman Way, Van Nuys
9:00 a.m. - 12:00 p.m.
Contact: Alice Chu/Marcia Parsons (818) 901-3022
San Gabriel Valley County Health Centers Network
"CHILDREN TOUR A PUBLIC HEALTH FACILITY"
EI Monte Comprehensive Health Center
10953 Ramona Blvd" EI Monte
8:30 a.m. - 2:00 p.m.
Contact: Harold Sterker (818) 579-8380
Metro ll'est County Health Centers Network
BLOOD PRESSURE & CHOLESTEROL SCREENING"
Burke Health Center, Room 220
2509 Pico Boulevard, Santa Monica
8:30 a.m. - 10:30 a.m.
Contact: Ammini Williams (310) 315-4540
Metro West County Health Centers Network
BLOOD PRESSURE & CHOLESTEROL SCREENING"
Dr. Ruth Temple Health Center
3834 South Western Ave, Los Angeles
8:30 a.m. - 10:30 a.m
Contact: Valerie Rogers (213) 730-3520
Coastal County Heahh Centers Network
"CONTROLLING YOUR DIABETES"
A Nutrition Workshop
Long Beach Comprehensive Health Center
Medical Library, 2nd Floor
1333 Chestnut Avenue, Long Beach
9:00 a.m. - 10:00 a -m -
Contact: Mary Carlson (310) 519-6111
or Tina Fluters (310) 599-8678
East County Health Centers Nelwork
"PRENATAL CARE AND PARENTING SKILLS
FOR TEENS"
Frontier High School
9401 S. Painter Avenue, Whittier
8:30 a.m. - 11:30 a.m.
Contact: Dorina Rocha (310) 902-3205
or Marie Liah Elberson (310) 949-6611
Coastal County Health Centers Network
"MINI HEALTH FAIR"
Long Beach Comprehensive Health Center
1333 Chestnut Avenue, Long Beach
9:00 a.m. - 12:00 p.m.
Contact: Tina Flucas (310) 599-8678
or Carol Aragon (310) 599-8646
North County Health Centers Network
BREAST-FEEDING PROMOTION PROJECT"
Women, Infants & Children (WIC) Clinic
Northeast Valley Health Corporation
14426 Sherman Way, Van Nuys
9:00 a.m. - 12:00 p.m.
Contact: Betty Waldner
or Gayle Schachne (818) 901-3005/361-3362
Juvenile Court Health Services
BREAKING OUT OF UNHEALTHY HABITS"
AIDS Prevention
Los Padrinos Juvenile Hall
7285 E. Quill Drive, Downey
10:00 a.m. - 3:00 p.m.
Contact: Maureen Valentine (213) 226-8382
or Kathy Aquino (310) 940-8639
Acule Communicable Disease Control
"HOW TO AVOID BECOMING ILL DURING
YOUR VACATION"
Glendale Galleria, Glendale
1D:00 a.m. - 3:00 p.m.
Contact: Mike Tormey/Donnell Ewert (213) 240-7941
District Environmental Health Servicts
"ENVIRONMENTAL HFALTH I THF eommijNlmtn
Glendale Galleria, Glendale
9:00 a.m. - 4:30 p.m.
Contact: Yolita Green
or Wynsor Kawamoto (818) 500-5777
Vectorbome Disease Surveillance & EnromoloU Programs
'INSECTS & ARTHROPODS OF PUBLIC
HEALTH SIGNIFICANCE'
Glendale Galleria, Glendale
10:00 a.m. - 3:00 p.m.
Contact: Gail Van Gordon (213) 881-4005/4092
San Gabriel Valley County Heahh Centers Network
"PARENTING SKILLS"
EI Monte Comprehensive Health Center
10953 Ramona Blvd, EI Monte
10:30 a.m. - 11:30 a.m. & 3:30 p.m. - 4:30 p.m.
Contact: Harold Sterker (818) 579-8380
District Environmental Heahh Services
"ENVIRONMENTAL HEALTH IN THE COMMUNITY"
Antelope Valley Mall
1233 West Avenue P, Palmdale
11:00 a.m. - 4:30 p.m.
Contact: John Porter/Eugene Pizarro (805) 723-4535
Environmental Health -Planning & Evaluation
"LEAD DETECTION IN HOUSEHOLD DISHWARE"
Glendale Galleria. Glendale
11:00 a.m. - 5:00 P.M.
Contact: Janet Comey (213) 881-4107
Environmental Health -Vector Control
"HOUSEHOLD RAT AND MOUSE CONTROL"
Glendale Galleria, Glendale
11:00 a.m. - 5:00 p.m.
Vontact: Ray Honda/Sharon Davis (213) 881-4046
.Ifetro South County Heahh Centers Network
BETTER HEALTH" Essay Contest Awards Ceremony
Metro South Health Center
1522 E. 102nd Street, Los Angeles
1:00 P.M.
Contact: Alvin Nelson/Charles Givings (213) 563-4061
San Gabriel Valley County Health Centers Network
"FACTS ABOUT SMOKING" Presentation
Pomona Health Center
750 S. Park Avenue, Pomona
1:00 p.m. - 3:00 p.m.
Contact: Harold Sterker (818) 579-8380
Metra West County Health Centers Network
"YOU'RE NEVER TOO OLD"
(Free Adult Immunizations)
Southwest Gardeners Association
3228 Jefferson Boulevard. Los Angeles
1:00 p.m. - 3:30 p.m.
Contact: Valerie Rogers (213) 730-3520
North County Heahh Canters Network
"BREAST EXAM INAI ION FOR WOMEN"
North Hollywood Health Center
5300 Tujunga Avenue, North Hollywood
1:00 p.m. - 3:30 p.m.
Contact: Deborah Roberts/Mary Lopez (818) 766-3981
Sexually Transmiued Disease ISTD) Program
"SAFER SEX KIT TRAINING"
STD Training Center
5580 E. Imperial Highway, South Gate
2.00 p.m. - 4:00 p.m.
Contact- Jack Carrel (310) 940-8311
San Gabriel Valley County Heahh Centers Network
"SEXUALLY TRANSMIITED DISEASES &
ADOLESCENCE"
Pomona Boys & Girls Club
1420 S. Garey Avenue, Pomona
5:00 P.M.
Contact: Harold Sterker (818) 579-8380
FRIDAY, APRIL 9, 1993
San Gabriel i'alley County Health Centers Network
"PAP SMEAR SCREENING AND BREAST
EXAM CLINIC"
Monrovia Health Center
330 West Maple Avenue, Monrovia
8:00 a.m. - 10:00 a.m.
Contact: Harold Sterker (818) 579-8380
North County Heakh Centers Novgrk
_ trey remits ...
North Hollywood Health Center
5300 Tujunga Avenue, North Hollywood
8:00 a.m. - 11:00 a.m.
Contact: Deborah RoberWMary Lope= (818) 766-3981
Coastal County Heahh Centers Network
"HEALTH INFORMATION DAY"
Long Beach Comprehensive Health Center
1333 Chestnut Avenue, Long Beach
8:30 a.m. - 5:00 p.m.
Contact: Tina Flucas (310) 599-8678
or Carol Aragon (310) 599-8646
Health Cenler Operations
"PUBLIC HEALTH NURSING - PAST,
PRESENT AND FUTURE"
Barlow Respiratory hospital, Williams Hall
2000 Stadium Way, Los Angeles
9:00 a -m-- 11:00 a.m.
Contact: Susan Carr/Sharon Trucker (213) 240-8089
East County Health Centers Network
"LICE, SCABIES AND OTHER COMMUNICABLE
CONDITIONS"
Maizeland Children Center
7601 Cord Street, Pico Riven
9:00 - 11:00 a.m.
Contact: Dorina Rocha (310)' 907-3205
or Marie Liah Elberson (310) 949-6611
Ean County Health Centers Network
"IMPACT OF A DISABLED CHILD ON THE
FAMILY SYSTEM" - In-service
Edward R. Roybal Comprehensive Health Center
245 S. Fetterly Avenue, Los Angeles (2300 E. Auditorium)
9:00 a.m. - 11:00 a.m.
Contact: Linda Rosilcs (213) 780-2441
or Judith Pasqual (213) 780-2204
(Staff only)
East County Health Centers Network
"AIDS AND OTHER COMMUNICABLE DISEASES"
Salvation Army Homeless Shelter
1200 Washington Boulevard, Santa Fe Springs
9:00 a -m- - 12:00 noon
Contact: Dorina Rocha (310) 907-3205
or Marie Liah Elberson (310) 949-6611
Juvenile Court Health Services
"BLOOD PRESSURE & CHOLESTEROL. SCREENING"
Central Juvenile Hall/Superior Court
(Mobile -van in front of building)
1605 Eastlake Avenue, Los Angeles
9:00 a.m. - 3:00 p.m.
Contact: Maureen Valentine
or Marina Perez (213) 226-8382/8764
(Staff only)
Sexually Transmitted Disease (STD) Prograin
AIDS Program
"FOR LIFE'S SAKE - SEXUAL HEALTH FAIR"
Venice Beach Park
Oceanfront Walk at Windward, Venice
10:00 a.m. - 2:00 p.m.
Contact: Jack Cartel (310) 940-8311
Coastal County Health Centers Network
""'OMEN, INFANTS & CHILDREN
(WIC) OPEN HOUSE"
WIC Center
445 E. Anaheim. Wilmington
11:00 a.m. - 1:00 P.M.
Contact: Jennifer Jeffries/Gauri Rao (818) 570-4147
Metro South County Health Centers Network
"OPEN llOUSE'93"
San Antonio Health Center
6538 Miles Ave, Huntington Park
12:00 p.m. - 4:00 p.m.
Contact: Dr. Y. Hamwi/Lois Jones (213) 586-6262
North County Health Centers Network
"PAP SMEARS & BREAST SELF EXAM" - Instructions
Glendale Health Center
501 N. Glendale Avenue, Glendale
12:30 p.m. - 3:30 p.m.
Contact: Julie Lister
or Zuzka Eggena (818) 500-5708/5760
North County Health Centers Network
"PNEUMOCOCCAL VACCINE FOR SENIORS"
Glendale Health Center
501 N. Glendale Avenue, Glendale
12:30 p.m. - 3:30 p.m.
Contact: Julie Lister/Zw
Antelope Valley Health Center
355-B Fast Avenue K-6, Lancaster
12:30 p.m. - 3:30 p.m.
Contact: Ida Greenberg (805) 723-4511
North County Health Centers Network
"PAP SMEAR TESTING CLINIC"
Pacoima Health Center
13300 Van Nuys Blvd, Pacoima
12:30 p.m. - 3:30 p.m.
Contact: Sandy Tilsen (818) 896-1903
North County Heakh Centers Network
-"PAP SMEAR TESTING CLINIC"
Valencia Health Center
23763 Valencia Blvd, Valencia
12:30 p.m. - 3:30 p.m.
Contact: Trudy DePaco (805) 253-7251
North County Health Centers Network
"PAP SMEAR TESTING CLINIC"
San Fernando Health Center
604 S. Maclay Avenue, San Fernando
12:30 p.m. - 3:30 p.m.
Contact: Ming Hilario (818) 365-6341
San Gabriel Malley County Heahh Cenlem Network
"LIVING FRESH & SMOKE -TREE FOR THE FUTURE"
Monrovia Health Center
330 West Maple Avenue, Monrovia -
1:00 p.m. - 3:00 p.m.
Contact: Harold Sterker (818) 579.8380
San Gabriel Valley County Health Centers Network
"FACTS ABOUT SMOKING" A Prescntatiun
La Puente Health Center
15930 Central Avenue, La Puente
1.00 p.m. - 3:00 p.m.
Contact: Harold Sterker (818) 579-8380
North County Heahh Centers Network
"HEALTH CENTER OPEN HOUSE"
Canoga Park Health Center
7107 Remmel Avenue, Canoga Park
1:00 p.m. - 4:00 p.m.
Contact: Lucia Carpenter/Ruth Woods (818) 340-3570
East County Health Centers Network
"MINI HEALTH FAIR"
Edward R. Roybal Comprehensive health Center
245 S. Fetlerty Avenue, Los Angeles
1:00 p.m. - 4:00 p.m.
Contact: Linda Rosiles (213) 730-2441
or Judith Pasqua] (213) 780-2:04
District Environmental Health Services
"ENVIRONMENTAL HEALTH IN THE COMMUNITk-
San Antonio Health Center
6538 Miles Avenue, Huntington Park
1:00 p.m. - 4:00 p.m.
Contact: Ragi Ghaoui (213) 586-6282
SATURDAY, APRIL 10, 1993
Metro South County Health Centers Network
"TEEN SEXUALITY: DO THE RIGHT THING"
Connecting With Teens Conference
Sponsored and conducted by JWCH Institute, Inc.
Holmes Avenue School
5108 Holmes Ave., Los Angeles
10:00 a.m. - 3:00 p.m.
Contact: Dianne Jackson (213) 7.14-5293
Vectorbome Disease Surveillance & Entomology Programs
"INSECTS & ARTHROPODS OF PUBLIC HEALTH
SIGNIFICANCE"
Del Amo Fashion Center, Torrance
10:00 a.m. - 3:00 p.m.
Contact: Gail Van Gordon (213) 881-4005/4092
Juvenile Coun Heahh Services
"FROM SANTA MONICA TO SOUTH CENTRAL:
HEALTH FOR TEENS & THEIR FAMILIES"
Santa Monica Place Mall - Booth (near Broadway Store)
4th and Broadway, Santa Monica
11:00 a.m. - 4:00 p.m.
Contact: Maureen Valentine (213) 226-8382
or Susan Cohen (213) 223-1598
SAVEtry THESE DATES June 10'-& 11, 1993
roqro",P"i
PRE-CONFERENCE ANNOUNCEMENT
HEALTHY LOS ANGELES 2000
CELEBRATING DIVERSITY -PRESERVING HEALTH:
Learning from Model Programs
The Vision Complex (formerly Crossroads Theater)
4310 Degnan Blvd. • Los Angeles (in the Crenshaw District)
8:30 a.m. - 5:00 p.m., both days
Healthy Los Angeles 2000 is based on a vision:
At this conference, YOU WILL LEARN ABOUT:
► jfj,<jk: How can multiculturalism be harnessed in building a healthy community?
► How can we join together to address poverty and its damaging health effects?
AN
.. ...................:.........
Pio rams c nduce: Schools, businesses, not-for-profit agencies, grassroots organizations,
government agencies, self-help groups, medical institutions, and local agencies.
Programs addressing: Chronic diseases, violence, alcohol and other drugs, mental health, communicable
diseases, maternal and child health, environmental health.
Program funding: Learn from local foundations how to get programs funded.
CONTINUING EDUCATION CREDITS WILL BE AVAILABLE FOR HEALTH EDUCATORS, DIETITIANS,
NURSES, PHYSICIANS AND PHARMACISTS
Our second annual conference is sponsored by The California Wellness Foundation and the Los Angeles
County Department of Health Services. We will come together for two days to learn from each other's
accomplishments. Everyone can participate in making Los Angeles County a healthier place to live and work.
Save these dates now --
a limited numce
ber of s as are available. RETURN FORM BELOW. -------
Healthy Los Angeles 2000 Conference ♦ June 10 & 11, 1993
CELEBRATING DIVERSITY - PRESERVING HEALTH
Mail to: Department of Health Services - Public Health Programs and Services, Planning Division
P.O. Box 77769 • Los Angeles, California 90007
Or FAX to: (213) 748-6461
Yes, I am interested, please send registration materials to me at:
I am unable to attend, please send information to:
Name/Organization:
Address:
21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 91765-4177
714-860-2489 - FAX 714-861-3117
February 24, 1993
Leonard Hampel, Esq.
Rutan & Tucker
622 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626-1998
Dear Mr. Hampel:
This is to confirm your appointment to meet with the
Diamond Bar City Council on Tuesday, March 2, 1993, at
5:00 p.m. The interview/selection process will be
approximately 20 minutes and will take place at the Air
Quality Management District Executive Conference Room,
21865 E. Copley Drive, Diamond Bar, California. The
nearest cross streets are Grand Avenue and Golden
Springs.
If you have any questions regarding this matter, please
do not hesitate to contact me at (909) 396-5666.
Sincerely,
Terrence L. B
City Manager
TLB:nbw
-� I
'- 25 -9-
elanger
GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FORBING
Mayor Mayor Pro Tem Councilmember
RECYCLED PAPER
DEXTER D. MacBRIDE
Councilmember
GARY H 'A
Counci':-� -
IIF THF INTFRNATIONAI. AIR WAYSILL FOR SHIPMENTS TO PUFRro RICO ANO ALL NON U.S. LOCATIONS.
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AMPEL
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ANNE NELSON LANPHAR
WILLIAM J. CAPLAN
MI CHAELT. HORNAK
, CHAEL W MMELL
TLFORD W AHL. J
HEODORE I. WALLACE. JR,'
JANICE L. CELOTT(
PHILIP D. KOHN
JOEL D. KUPERBERG
RONALD P. ARRINGTON
STEVEN A. NICHOLS
RICHARD P. SIMS
THOMAS G. BROC HINGTON
MARSHALL M.PEARLMAN'
WILLIAM W. WINDER
ROBERT C. BRAUN
ROGER A. OR BLE
EV RIDIKI (VICKI) DALLAS
EDWARD D. SYBESMA, JR.'
RANDALL M. BABBUSH
MARY M. GREEN
THOMAS 5. SALINGER'
PHILIP M11 ICE
DAVID C. LARSEN�
THOMAS J
CLIFFORD E. FRIEOEN
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JOSEPH D. CARRUTIH
STAN W—COTT'
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DAVID J. 11E9HIRE
RUTAN & TUCKER
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
BANK OF THE WEST, SUITE 1400
611 ANTON BOULEVARD
COSTA MESA, CALIFORNIA 92626-1998
DIRECT ALL MAIL TO P. O. BOX 1950
COSTA MESA, CALIFORNIA 92626-1950
TELEPHONE (714) 641-5100
1213) 625-7586
TELECOPIER (714) 546-9035
A. W. RUTAN (1880-1972)
JAMES B TUCKER, SR. lIBH B-19501
MILFORD W. DAHL, SR. 11919 -19H H!
H. RODGER HOWELL 1.925-19831
February 16, 1993
VIA FAX - (909) 861-3117 - AND MAIL
Mr. Terrance Belanger, City Manager
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
Re: Request for Attorney Services
Dear Mr. Belanger:
ELIZAH ETN L HANNA
DEBRA J. DUNN
HOUCH
MARKR. PI ZONN
N SMITHNF
JAMES P T
KATHY FORBATHES FAHANI
DAVID I COSOROVE
KIM D OmPSON
JAYNE TAYLOR KACER
AN5 V LIGTEN
R 055
STF MEN A LL15
JEFFREY WERTHEIMER
ROBERT o, OWEN
VOLKERT
JEFFREY A. GOLDFARB
SANFORD SHATZ
F KEVIN BRAZIL
LAY NE H. MELZER
L. SKI HARRISON
N SALATER
ROBE
JAMES R. ROUSF
CAROL L. DEMML
PRESS
PATRICK D MCC/
RICHARD K HUK
A.
R N<K M
SUSAN MEYEF
sH Elu vAzpu EZ
DEBORAH L. HUENNEKENS
PAUL J. SIEVERS
S. DANIEL HAR50TTLE
DAVINA F. HARDEN
INA RAILEANU
F. SHAL LENBERGER.
DA RI&AL'bl, III
At your request, Rutan & Tucker is submitting this proposal to
provide attorney services to the City of Diamond Bar (the "City")
in connection with the case, Diamond Bar Associates v City of
Diamond Bar.
Rutan & Tucker, through our Public Law Department, has
comprehensive knowledge of, and experience in, the entire range of
legal matters encountered in the representation of public entities,
including extensive litigation expertise. Approximately two-thirds
of our attorneys in the Public Law Department handle litigation
matters full- or part-time. We are also thoroughly familiar with
the Los Angeles County Superior Court. Information on specific
cases we have handled on behalf of cities and other public entities
in Los Angeles County and elsewhere is available on request.
We are prepared to undertake the representation of the City in
the above -referenced case at a composite rate of $165 per hour.
This rate would apply to all legal services provided by the firm in
connection with this case, regardless of the identity of the
attorney performing the work. We do not bill for routine
secretarial services. We do bill for out-of-pocket costs such as
document delivery, reproduction, travel, long distance telephone
charges, telecopies, major word processing expenses and secretarial
overtime if required due to a last-minute deadline or demand by the
client, court costs (such as filing fees, court reporter's fees,
fees to retain expert witnesses, jury fees, and the like), and
similar items. Paralegal time, if applicable, is billed separately
PS213941099999-0071\2034650. 02/16/93
RUTAN & TUCKER
ATTORNEYS AT LAW
Mr. Terrance Belanger
February 16, 1993
Page 2
at the rate of the paralegal performing the work, with rates
generally ranging from $55 to $95 per hour. Our billing is
prepared monthly, with each bill itemizing the day's work is
performed, the identity of the attorney performing the work, a
description of the work, the total time spent, and the total amount
of the bill. Costs are separately itemized. Invoices are due
within thirty (30) days after billing.
Rates are subject to periodic adjustment, in accordance with
Rutan & Tucker's normal review. In recent years, rates have been
adjusted as of January 1. Since this proposal is being made early
in the calendar year, no adjustment would occur during calendar
year 1993. We certainly would discuss any proposed adjustment with
you in advance.
It is understood that the City would reserve the right to
terminate representation by Rutan & Tucker at any time, with or
without cause, subject to the payment of fees and costs incurred
prior to termination and any approval required of the court.
To the best of our knowledge, Rutan & Tucker knows of no
potential or actual conflicts which would prevent our
representation of the City. However, this proposal is subject to
our final check of present or contemplated conflicts of interest.
The firm may also have past or present clients, or may have future
clients, which from time to time, may have interests adverse to the
City. We reserve the right to represent those clients in matters
not connected with our representation of the City in the above -
referenced case, consistent with the rules and requirements of the
State Bar of California.
I am available to confer with you, either by telephone, or in
person, to provide any clarification or further information you may
require. We thank you for requesting submission of this proposal
from us, and I look forward to hearing from you concerning this
matter.
Very truly yours,
RUTAN & TUCKER
ALI
{ J
Robert S. Bower
RSB/ps
FS2\394\099999-0071\2034650.
Ms. lk.rranca Bela Iger, City manager
Cj�y of Diamond Bar
216EO East Copley Drive, Suite IQ"'
Diamond Bar, CA 91765
[Re; poq..Iest fc*�, Atto")e}
Deal-, MY Lelal,gsr:
At your r6qu6st, Rut 2tr- '-a itting this Proposal to
t�� t:_ie City 0,� rl-aimcnd Bar (th-S licityll)
in WI the C&Sig, nond
LU=9=1 IS111. -
Rl.z ta n & r u c:� fe r
.r.c)ugh our Public 1 ad Departriant, has
compl-ehensive knowledge Of, and experienoe in, the entire range of
legal ':k Ll,t- Of JAblic entit-its,
inc'adincj extensive -litigation expertise, Approximately two--hirds
of t ilLtu.,ney� in the Public Law Dep&rtI)arit handle litigation
The Dspar*mrit consists Of some 32
Matters full,- ol, pdrt-tillq� Le
&ttc,rneys, I a7 Department Head and aenlior 11tigator, I am
alsc the cDr;tra(:;t C'. *-y Att0r'18Y Of Yorna Linda anti Villa Park.
jnf(;.r_-jation or C&S051 we have hindl�d on uahalf of cities
and other p1L:a(; 45 �,,Iable I an incl-oding
my :.^esurfte and that c_)f t11ej tme nt.
f the CitY i
we are•o'l
0—, A. 0 10
the A r hour
will chdrrge of the and 1,andle the trial
Of it. This rat e wc,uld apply to all le9t1l services provided by the
firm in connection with this c8so, regardless of the identity of
t'ne att0r*.,j^, tr* We d,.D not I. -ill fOr
sir e ta r i a i e6.
' S. CSN L A XS'
L
VA021 eon
*ge-- A_
of,") P�
Kit,
Kok S48-OZA4
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4. 4*4 oac
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me
t*Ut*
F e. L r u a f y 22, 19`y3
Ms. lk.rranca Bela Iger, City manager
Cj�y of Diamond Bar
216EO East Copley Drive, Suite IQ"'
Diamond Bar, CA 91765
[Re; poq..Iest fc*�, Atto")e}
Deal-, MY Lelal,gsr:
At your r6qu6st, Rut 2tr- '-a itting this Proposal to
t�� t:_ie City 0,� rl-aimcnd Bar (th-S licityll)
in WI the C&Sig, nond
LU=9=1 IS111. -
Rl.z ta n & r u c:� fe r
.r.c)ugh our Public 1 ad Departriant, has
compl-ehensive knowledge Of, and experienoe in, the entire range of
legal ':k Ll,t- Of JAblic entit-its,
inc'adincj extensive -litigation expertise, Approximately two--hirds
of t ilLtu.,ney� in the Public Law Dep&rtI)arit handle litigation
The Dspar*mrit consists Of some 32
Matters full,- ol, pdrt-tillq� Le
&ttc,rneys, I a7 Department Head and aenlior 11tigator, I am
alsc the cDr;tra(:;t C'. *-y Att0r'18Y Of Yorna Linda anti Villa Park.
jnf(;.r_-jation or C&S051 we have hindl�d on uahalf of cities
and other p1L:a(; 45 �,,Iable I an incl-oding
my :.^esurfte and that c_)f t11ej tme nt.
f the CitY i
we are•o'l
0—, A. 0 10
the A r hour
will chdrrge of the and 1,andle the trial
Of it. This rat e wc,uld apply to all le9t1l services provided by the
firm in connection with this c8so, regardless of the identity of
t'ne att0r*.,j^, tr* We d,.D not I. -ill fOr
sir e ta r i a i e6.
. mL 1 .. .. _ , " .... . I. .. . I .. .. _ ... ... .. _ ..
Ld TA N & T L., c ee R
A- LAW
Mr. Terrance 3elanger
February 22, 1593
Page 2
document d6livary, reproduction, travel, long distance telephone
charges, telecopies, mdJor word processing expenses and secretarial
overt .`.see if required due to a last-minute deadline or demand by the
client, court costs (such as filing fees, court- reporter's fees,
feed to retain expert witnesses, jury fees, and the like), and
?eralegal time, i1' appl ices.; 4., is bblled ;3e parately
at ti -ie rage of the paralegal per form:rag the worn, with rates
generally ranging from $55 to $95 per ;your. our Twilling is
prepared .monthly, with each bill itexrizdrig the day's work is
performed, the identity of the attorney performing the work, ai
description of the work, the total time spent, and the total amount
of ,he bill. Casts are separately iterized. Tnvoi.ces are due
within thirty (30) days after billing.
Rates are subject to periodic adjostment, in accordance with
Rutan & Tucker's normal review. In recent years, rates have been
adjusted as of January 1. Since this proposal is Teeing rude early
in the calendar year, no adjustment would occur during celendar
year 3,992. we certainly would discuss aaVust ent with
you in advance.
it. fi �z, t. lid` tine City wr.i: l! ros y ve the right to
tern;inate representation by Rutan & TL�cker at arty time, with or
without cause, subject to the payment of fees and costs incurred
prior to termination and any approval required of the court.
To the bast o` our knowledge, Ratan & yuakar knows of no
Potential or actual conflicts which would prevent our
reprPsent;ation of the City. Powever, tris pr:aposal is sub;eot. to
our f Anal cneck of present ur contemplated c:cnflic:ts of interest.
The firm may also have past or present cll.ents, or may have future
clients, which front time to time, may have 1,,nterests adverse to the
City. we resor` a the r:wght to repres n" -hose in ac;a9 tters
not: connected with our representation of The C qty in the above -
referenced case, consistent with the rales and reauirements of the
State Bar of C^-Iiforniag.
I am avant abl s to c:"znfer with ,you, tyil .,e oy -.e1,)phone, or in
persz ,, -, p, o`jide ar,y clmri.ficatlon or :',.Zi"ti"13J::" intorrli+ :io.'n You may
Admitted to Bax: California, 1965
U.S. District Court, 1955
U.S. Supreme Court., 1975
University of California
Las Angeles, California (BA 1961) Summa Cum
Laude
University of California
Los Angeles, California tID W 1964) Associate
Editor, U.C.L.A. Law Review
Order of the Coif
Phi Beta Kappa
__• •f- •:.• •
Orange CLunty Bar Association
American Har Association
Administrative Law Committee
Orange COunty City Attorney's Aasoc:iation
American 'Trial Lawyer's Association
American college of Trial Lawyers
UCLA Law Review 1963:
"Labor Law: Collective Bargaining, Agency Shop
Lawful Form of Union Security Linder National Labor
Relations Act"
Papers:
"What Are a City's Legal Responsibilities to
Provide Housing Heads?" (Leaqu6 of California
Cit.iea Meeting 1979)
"Affordable Housing - 1981 Style" (League of
California Cities Meeting 1981)
"Housing in the 8018 and 901s: "'he c:ityls
Peraperjt.ive" (Leacjuet of California Cities Meeting
(1988)
"Update, on Hotising - Spring 199 (League of
California Cities Meeting 1992)
t'�2tir'S,titaY,9, ti xnt� ,ta�,I oia: ry
LZONARD A. HAAMPEL
Page 2
Loyola Law School - Land Use Regulation
UCI - Inverse Condemnation, Vested Rights, Land Use
Regulation
UCIA •- Seminar re. Land Use iyov.4' �'pafient PulY lic Off'icea
pu}ali� aftic.�
City Attorney - City of Yorba Linda, Villa Park
. +►
Public Law &nd Litigation
Senior Partner r Rutan & Tucker
Head of Public Law Department. "jo uttorneyst) -- Rutar,
Fucker
Executive Committee r Rutan & DacKer
Fish ft Game v,L city of .At3��, Orange County superior.
Court Lase No. 685938 (1992)
city of Irving v Irvine Citizens: 4aainst
.Qvardeve3L=, orange County Superior Court Caae No.
581131 (1992)
.Pnd -Mfi , 01 ,nge Count; s,-iperiar
Court Case No. 548832 (1992)
rove „ttri►erts, Lose Anga:es Superior Court
Case No. EAC 68134 (1992)
HQ4-fiZ-1YLos kngeles Superior
Court Case No. EAC 71129 (1991)
a r o j s.1_.y_,_Ut'_o sang, Orange t~ounty superior court
Casa No, 64--90--77 (1990)
'41JEONAX, A, W"EL
Page 3
&M-01-24ZOUAA, B'ut"_a County Superioi-
Court Case ND. 84800 (1988)
HAr
IMg Orange County ry frx.%. � t I -
SUPOrlor Court Case No. 376288 (1987)
Q28MAn, Orancje County Superior
Court C&Be No. 374802 (McColl- Dunpsite Cases 1986)
DAY. A -Y -,,-City of NeWport-Bea2b, Orange County Superior
Court Case No. 329585 (1986)
fnASan XIL
Bernardino Superior Court Case No. 219855 (1.984)
'
CV 62-0956 (,98 3l
lr�f �A
city Pf 4)1911-ya --- Lo, A
.Ci.QSiQ , Orange County Superior Court Cam* No. 379678
(1982)
city Ir 'range
e c
County Supers or Court Case No. 290508 (1982)
28
Cal.3d 511 (1980), 126 Cal.App.3d j30 (1991)
114 Cal . App -3d, 520 (1981)
Save. Orange County
Superior Court Case No. 363909 (1981)
105 Cal.App.3d 461 (1979)
ant v.
County Superior Court Case No. 347747 (1978)
Orange Coitnty Superior Court Case No. 267626 (197 7)
LEONARD A. RAMPEL
Page 4
Sugera-Qrs, orange County Superior Court Case No.
202302 (1977)
s ev ..Y� City Qt . L X X Orange County Superior
Court Case No, 223593 (1975)
�Y]l�i�k�.....���l,�.t i o n a t n• a. r.��l�� 2.�::}'_._': �..�.5.�. _�;
ur��erwC��_ot County ; areae; r7xanga County Sugeric A.
Court Cava No. 202302 (1934)
t ...Q .. Q is -, Sutierjor
C.� ia, n , 12 Cal. M 237 (1974)
aranga County Superior Court Case No. 215933 (1973)
�.,,�.,..��ns:h_v, Loea1~.�en��,g,�;�or� Co�issi►
Orange County Superior Court Case No. 220121 (1.9.72)
Cites -.Q . t to A3]�Y,ti. � :....a � 3, Orange county
Superior Court Case No. 18979; (1972)
� M� 4• _�. � y__f .. $�11 1?_ gc .San Diego Superior
Court No. 330555 (1971)
, rd._.' _� oUnty g San _Dia�u, .an L)iego superior court
No. 342268 (1970)
F32? �' 110994`i 4- i pbQ120L�i !.68 .: 01 rY219'!
! FES ME OF PUBLIC LAW DEPARTMENT
OF RUTAN & TUCKER
Rutan s Tacker has been heavily cc= itted to the practice
of public ? aw Since the early 19500 and currently colts:ists of
thirty-two (321 attorneys who are axclv,sive p:actitionerg in
the nuniC pal law field,. Our MUnic.ic►al law sec:t..on presently
Konsistrs c•f ¢i.ft.oen partners and seven L.en associates.
The Public Law Department inclt�dag the entire range of
:ayal netters tdiat are associated with representing both
private t;e rel. bars and pub' tic agencies, `: n, 1ud.ing land use law,
`ening and suLxiivis1c7j jau,, regulatory, law, adminis..rat.ive law,
6nviron;,i.,, ra? 1.iw, municipal firAncing, public acquis►,ition and
'�ninel)t laW, redevelopment yaw, reaA estate development,
government contracts and govel-nment antitrust law, public
sect #tC. ItBYi,in6 ;IQ t i!.`m in the State of
cal."forn a that, we a: -a aware of that dev:_+t s the resources we
coo, in terns -,f people and ti,na, tc his field of law. As a
result, Ratan & bucker has become eritarlished as a leader in
t.}1iS area G n .i.d CS force an many o thL i.'.2{:��ilre ti� J 1*lopments
eLnd preyedenta in this field.
Rutan & l_cker serves as contract. General C'ounsel to five
wator d strict.i in Sciathern Cali.for=lia (APp'lit 'Valley Hei.ghtas
County Water 01strict, Carpenter lrr•ie.zation District, San
Eernazdi nc Va.i ley water Co-nservaVJ or, D:strict, Serrano
I17i,4a icy; Di s' l ict and TTI -Cities Pot %icipa Water District) .
-1-
Fb�.77S�9y+)99-.:Xb'1fX�iiiB t '.II.'25r93
rn addit 41 o-ri, the f irin represents numiarouFt ether water agencies,
-1 rallge County Water District, Rancho California Water
"hree Vallays Municipal Water 03.stri,--t &,nd Yorba
".-I.n1a. Water District, on a recurring or Special counsel basis
it; -, variety of matters ranging frorint litigation and eminent
domain to PQblic finance, labor and ].P-rsonnel, and water
rights.
Rutar, & Tucker ze---ves as olorit"'ract City Attorney
::epresonting th,- city councils and varii.-tus --omnissions of six
r. it .es ir Orange County (Irvine, La Pal ir, it f Y,:)i!ba 'Linda, Villa
Park, Laguna Beach and San Clemente), five cities in Los
Angeles Cotinty (San Fernando, Signal Hill, Lawndale, West
Covina and Baldwin Park) and three in Riverside Coanty
;Palm Spring&, Twentynine Palms, and Canyon Lake).
in ad,,ii',icjn, �he fir: -.m, serves as general counsel to a
numb of special districts throughout the state, Including
Huntington Beach high School District, Placentia Unifies School
1) _4 s t r i c t Lake Tahoe Community College. 1)1.4trict, and Saddleback
Valley Unif-;"eJ School District.
The firr also serves as agency counsel to the La Palma,
Fullerton, Wells, San Fern6ndo, Baldwin Park, San
Clemente, YO ba Linda, Riverside, Signal H-111, Fountain valley
and Chino P)d6Velopment Agencios.
We have also reprewanted a number caf multijurisdictional
c.OmriSgions arw:l loint powers authorit:�as in the areas of cable
t.eiQvisi :n rer ul.ation, municipal -f- ;
nanc-Ling, facilities
-2-
zorlsllrucio,n and solid waste disposal and recycling. In
addition, we have served as special counsel, for litigation and
D -her special matters for a plethora of public entities
including, the cities of San Luis Obispo, Carden C;rovs,
Fullerton, Anaheim, Newport Beach, Apple Valley, Brea, La
'-labra, 'anta. Cruz, and San Jose, and for the Counties of
3utter, Nava&, Yuba, Orange, Santa Cru t, and Gtanlslau&;. our
rivate devele.�per clients include Arno' Development Company,
,rho Will iair 1 -yon %.o-plpany, hor, Developylent_ C.,Onpany, and Rossmoor
Corporation.
The firm also has acquired sub3tantiai exp*,rtise in the
alea of rodevelopment law and eminarr. doAiain. As general
counsel for several active radevelopront ag6ncies and apecial
counsel for othors, we have a strong hackground relating to how
the community redevelopment: laws can ba utilized to enhance -the
use of public properties and to increase ravanues from project
areas. We :nave represented both public and private parties in
t4",=sands :;f publiC acquisitions and eminent domain projects
over the years and are well versed in these processes. We have
been Involved ln the condennatioTi of &very type of interest in
real propsr%y frOm fee SiMPIQ absolutes t,-, mere pass-through
rights for this extraction of oil and gas. We have been
Involved in cases that have tested the outer limits of the
PLablic uses for which the power of exinent domain can be
exercised. Y,e a,. -e also experienced it dealing with real estate
appraisers and -have extensively interfaced with marketing
exf-erts and land planners.
.As chief legal advisor to fifteen cities, we routinely
advise our clients regarding planning, ZO-I)Ing a,',d subdivision
regulations. The firm has been retained by numerous California
0111niCipalities and private developers to represent them in
zoning and sta'cmaivision litigatiori. As to our expertise
relating to the California Envirorimenta.l. Quality Act, we
routinely and, constantly advise our private developer,
r.uni.cipal, water and special district clients regarding
QOTD-pliance with CEQA and have both brei: g t and defended a great
number of CEQA challenges.
The firm also possesses a full-service nunioipal finance
subsection. This subsection has represented numerous public
entities in all types of financing to^-:hniques, including gen-
eral o+iS.gtxtipx6, speClal=_@$Sm@1:t, i+tf#:1'Lo—C3UB, -certificates
c.f Par-ticipation, tax increment, inc ,_,strial developmerit band,
tax and revenue anticipation, joint power and rovenue-paged
financings, On behalf of a number of ovr, regular clients, we
t,ave ccmpleted financing transactior:a for public works proj-
ects, maintenance districts, police and firs districts and a
71.41tiplicit,y° of ether public. projects.
Our firm has one of the la.rgeSt private public law
libraries in California, and compiled extensive legislative and
other specialized Materials in this area.
-4-
F52':;?Siu�t4ryn.r;gti,
L. Water Law
Genexal Ccijnses. arid City Attornay for Water Districts
and X"nicipailties
3 Public Works Construction Contractr, Preparation and
Claims Litigation
4i Conflict Of lnterOgt Law under Federal, State and Local
Law Provisions
5. Elect:on ca�nvaign Financing Laws
6. Municipal Financ-e including Mun"7.cipal Bond Counsel and
Underwriters Counsel for Municipal issue
Education law
P. General, Counsel for School. and Coma�azjjty colleg* Dis-
tricts
S. Admini.sti-it"Ve Law
:01, Public '-aw and Litigation
]1. Ervironmeital Law and Litigation
:.2. Land VSe T,aW Litigation
1, C:'MLI Rignzts Law and Litigation
14, Eminent Domain Law (condemnatio) arid Inverse
Condennat4ol-i Litigation
5 - Puhlic ETi--loyment, Public Labor Law Matters, Personnel
Disc ipliy),:.,ry Hearings & Litigation
16, Special Counael to Municipalities oii utility Issues
17. Real EEtate Law and Litigation
18. Property Tax Matters and Litigation
Ant -t�,L,-%t Ya°: -a mid Litigation
cor.tract. .- Commercia.' TransactIone,incl :'_iti;ation
Law and Litigation
Housing Matters and Litigation
Coastdl Act MattoArs and Litigation
F.Iec-:ion *4 -vis and TAA-agation
Landsiide%,, subsid nce Matters ar,,d L,tigatlorn
26. Oil and &P, Matters and Litigation
Gann Ini.tiative Re Spending Limits
Constitut,.onal L,&w Matters and Litigal- i or
2 9. P,Ubli,.- Agency Insurance Matters a.nd Litiqation
-6-
Xt. Blaltk.-,ger
Febr)warj 22, 1-993
Page 3
requ Lre. We '-'-ank you for .requesting 01" tnis proposal
from rs , a,,-, c rwa r d to h sa ri nq f A- y c,I-I rv� er,: ncs t r is
matter.
Very truly vu,ins,
A�
A,.emArd A. Fpn:-ype.!
LAH: It ,)h,
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 Papeenn and Councilmember Forbing
FROM: Linda G. Magnusozf', Accounting Manager
SUBJECT: Voucher Register, March 16, 1993
DATE: March 11, 1993
Attached is the Voucher Register dated March 16, 1993. As
requested, the Finance Department is submitting oval he vro cher
register for the Finance Committee's review and approval P
to
their entry on the Consent Calender.
The checks will be produced after any recommendations and the find
approval is received.
Please review and sign the attached.
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated March 16, 1993 has been
audited approved and recommended for payment. Payments are hereby
allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION AMOUNT
001
General Fund
0���,
112
Prop A - Transit Fund
16,779.32
118
Air Quality Imp. Fund
50.00
138
LLAD #38 Fund
1,100.92
139
LLAD #39 Fund
24.39
141
LLAD #41 Fund
2,081.84
250
CIP Fund
14,988.05
TOTAL ALL FUNDS
APPROVED BY:
Linda G. Ma nU on
Accounting a on
41
W
errence L. Belanger
City Manager
.g91g9as1,1Ta .!8
Phyll's E. Papen
Mayor Pro Tem
i
JAn A. Forbing
ouncilmember
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TO:
MEETING DATE:
FROM:
CITY OF DIAMOND BAR
AGENDA REPORT
Honorable Mayor and
ty Counc
1993 REPORT
March 16, r Accounting Manager
Linda G. Magnuso
AGENDA NO.
DATE: March 11, 1993
TITLE:Treasurer's Report - February 28, 1993
SUMMARY''eview and approval is the Treasurer's Statement for
Submitted for Councils r
1993.
the month of February
RECOMMENDATION: rove.
Review and app
LIST OF ATTACHMENTS:
X Staff Report
_ Resolution(s)
_ Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION:
Public Hearing Notification
—_ Bid Spec. (on file in City Clerk's Office)
Other
SUBMITTAL CHECKLIST: Yes_ No
1. Has the resolution,
ordinance or agreement been reviewed —
by the City Attorney7 majority or 4/5 vote?
ort require a — Yes X No
2. Does the rep impact been assessed? yes__X No.
3. Has environmental
reviewed by a Commission? —
4. Has the rep Yes_X No
Which Commission7 affected
by the report? —
5. Rreher departments
e artmsed e with thefollowing affected departments:
Port
REV EWED BY:
Li da G. Ma n son
Terrence L. Belange Accounting Manager
City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - February 28, 1993
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 February, 1993 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of February 1993. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
February 28, 1993
GENERAL FUND
$4,886,891.91
$688,710.09
$635,880.28
($9,244.04)
$4,930,477.68
TRAFFIC SAFETY FUND
15,802.61
2,215.14
18,017.75
GASTAXFUND
2,530,861.29
110,907.36
868.17
(314,130.40)
2,326,770.08
TRANSIT TX (PROP A) FD
259,450.83
39,264.00
3,040.56
295,674.27
TRANSIT TX (PROP C) FD
686,326.46
31,210.00
717,536.46
INTEGRATED WASTE MGT FD
18,783.58
6,684.20
5,001.36
20,466.42
AIR QUALITY IMPRVMNT FD
41,247.18
41,247.18
STATE PARK GRANT FUND
0.00
0.00
PARK FEES FUND
184,096.09
184,096.09
COM DEV BLOCK GRANT FUND
(2,287.32)
2,155.78
(14,850.00)
(19,293.10)
LANDSCAPE DIST #38 FD
133,248.13
4,994.24
7,785.55
130,456.82
LANDSCAPE DIST #39 FD
144,611.55
2,745.72
11,741.67
135,615.60
LANDSCAPE DIST #41 FD
116,724.83
5,172.03
1,266.94
120,629.92
GRAND AV CONST FUND
481,019.72
17,873.00
463,146.72
TRAFFIC MITIGATION FEE FD
302,806.57
456.00
302,350.57
CAP IMPROVEMENT PRJ FD
30,944.39
315,763.94
338,224.44
53,404.89
SB 821 FUND
134,735.99
134,735.99
SELF INSURANCE FUND
352,622.77
352,622.77
TOTALS
$10,317,886.58
$891,902.78
$1,001,833.25
($0.00)
$10,207,956.11
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $83,901.22
PAYROLL ACCOUNT 8,875.07
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
10,114,579.82
$93,376.29
10,114,579.82
TOTAL CASH $10,207,956.11
CITY OF DIAMOND NAK
MINUTES OF THE PARKS AND RECREATION COMMISSION
STUDY SESSION
JANUARY 7, 1992
CALL TO ORDER: Vice Chairman Plunk called the meeting to order at
7:14 p.m. at the AQMD, Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Whelan.
ROLL CALL: Commissioners: Medina, Whelan, and Vice Chairman
Plunk. Commissioner Schey arrived at 7:20, and
Chairman Ruzicka arrived at 8:05 p.m.
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal, and
Associate Planner Robert Searcy.
STUDY SESSION:
South Pointe Hardy Strozier stated that the purpose of the study
Master Plan session is to respond to any comments or questions
that the Commission may have after reviewing the
draft EIR, as presented at the last regularly
scheduled meeting. The comments made by the
Commission, as well as staff's prepared formal
responses, will be forwarded to the Planning
Commission. Referring to the composite Master Plan
map, displayed on the wall and included in the
draft EIR, he then reviewed those areas pertaining
to Parks and Recreation concerns. There are 21.75
acres being dedicated to the City for park and open
space use, of which 8 acres will be graded in a
level fashion. The City staff has discussed a
variety of concept plans derived from the
developers proposal. One alternative suggests
utilizing a 2 acre parcel, owned by the School
District, as a 'logical extension to the proposed 8
acre park.
C/Whelan expressed his concern that, even though 10
to 15 acres of park land is to be developed for the
City, the park area will actually be used mostly by
the newly proposed community, and may not benefit
the entire community.
Hardy Strozier pointed out that the development
team is required to dedicate only 1.5 acres of park
land, under the City's current ordinance, and only
2.5 acres of park dedication, under the proposed
ordinance standard. They have proposed to dedicate
22 acres for park land, of which 8 acres would be
flat usable land, which is a benefit to the entire
City. When considering alternative concept plans,
staff felt that some of the commercial area parking
could be utilized for some of the park and open
space uses that could occur here. Some of these
uses, such as an amphitheater, or three adult
January 7, 1993
Page 2
softball fields, are addressed in alternative
concepts in the draft EIR. There is a great
opportunity for some interface of uses.
VC/Plunk inquired how the commercial area and the
park area will be linked to provide safe pedestrian
crossing.
Hardy Strozier stated that there are proposed grade
crossings, with possible signalization, which
provides linkages to the park and open space area,
the residential area, direct linkages to South
Pointe School, and pedestrian linkages from the
Arciero development. In response to C/Whelan, he
stated that there are two access points from the
proposed tracts, in which one enters Morning Sun
Drive off of Brea Canyon Road, and the other one a
secondary emergency access to the commercial
centers. He noted that staff has also recommended
an alternative plan so that there is.no through
access to Larkstone.
C/Whelan suggested that the commercial area be
limited to a 5 acre site, and that the park land
area be expanded.
C/Schey inquired if there were any engineering
constraints, on the collector road, that dictate
entering Brea Canyon at the proposed location.
Hardy Strozier explained that, because there is a
steep grade in this area, it was determined that
Brea Canyon would provide unobstructive access to
the project.
Jan Dabney explained that RnP Development proposed
this street system configuration with the intent
that the 30 acre commercial site will have a
highway inlet/outlet. Brea Canyon would become a
secondary highway, with a median, and
deceleration/acceleration lanes to provide
unobstructive access to the school, and to the park
setting. The intent was to prohibit that access to
the commercial office collector to keep the
commercial traffic and the cut through traffic from
coming through the residential development and the
park.
C/Schey suggested that the collector road be
fronted by commercial on both sides.
January 7, 1993 Page 3
Jan Dabney explained that there is a severe tree
mitigation on the main entrance into the commercial
area, and there is limited space for the maximum
litigation for the transplant.
C/Medina noted that the South Pointe residents are
concerned with possible cut through traffic, and
with the density of population that is being
proposed in the new tracts.
Jan Dabney stated that the School District has been
adamant, and committed, to keeping through traffic
from that residential area. The secondary access
road will be through a parking lot, on the school
campus, that will be controlled so that the average
person will not be able to get through. Both RnP
and Arciero would prefer to expand the residential
area, however, the City has negotiated the 30 acre
commercial site.
VC/Plunk suggested that there be discussion with
the Homeowners Association to consider maintaining
their property as open space now in perpetuity.
Hardy Strozier then suggested that the Commission
now focus their comments directly on the draft EIR.
C/Medina noted that, even with the increase in the
population from these residential developments, the
general impact on the population is insignificant.
Also, the additional 22 acres of proposed park land
will improve the ratio of park land per person,
which is a benefit to the City. There is a more
percentage increase in park per capita.
C/Whelan indicated that, though he is concerned
with Sandstone Canyon, he realizes that it is
privately owned land in which the City has limited
control over. However, the City needs to look at
the commercial area, and how it is going to tie in
with the City dedicated property and the park area.
He requested that the consultant, research the
feasibility of maintaining much of the natural
setting, such as the canyon, oak trees, and the
type layout, as much as possible, and to tie it in
with the commercial property. The 22 acres should
include both active and passive park land and,
using a natural type setting, tie together the park
area with the commercial area across the proposed
roadway, such as was done in Scottsdale, Arizona,
and the Rio Salado project.
January 7, 1993 Page 4
Hardy Strozier stated that the Master Plan,
described in the draft EIR, will contain standards
for the development of that commercial area. If so
desired, staff will bring, to the Planning
Commission and the Council, standards in the Master
Plan that can contemplate and inter tie between
both active and passive park area into the
commercial area. C/Whelan concurred.
C/Schey expressed his concern that the service area
of existing proposed parks, as noted in section 4-
184, designates Summit Ridge Park as a Community
Park even though the topography and improvements of
that park are such that the active usable area of
that park is closer to 10 or 12 acres, not 26
acres. The location of the proposed park, from the
dedicated site, is in an area that would probably
best serve the southern area of the City as a
Community Park, emphasizing a more active park
rather than passive.
Hardy Strozier stated that there has been
discussion with the School District to utilize
their 2-3 acre area to tie the school facilities in
with the park program, thereby increasing the
amount of active park land.
C/Schey requested clarification how the
calculations were done to determine the densities,
under the concept alternative for development of
the site, in which the calculations were based upon
the General Plan and zoning designations, with
deduction of density for the impact of the Hillside
Management Ordinance. He inquired how it relates
to any savings of portions of the Canyon area, if
any.
Hardy Strozier explained that the interim Hillside
Management Ordinance indicated a certain overall
density that would be approved on site, based on
the permitted density in the General Plan and
zoning. However, this particular property did not
lend itself to direct application, of the interim
Hillside Ordinance, for this kind of mass grading
project. Therefore, a hybrid ordinance, in the
Master Plan, was developed that ensured more land
form and contour grading concepts on the edges so
that the concept alternative would show the maximum
density permitted under that General Plan and
Hillside overlay. The result is that less units
are permitted, and are located on top of the
ridges, therefore, out of the canyon.
January 7, 1993 Page 5
VC/Plunk made the following comments: the
circulation system should provide safe access
around the park area, as well as around the school
area; the City should work with the Homeowners
Association to see that the natural areas are
maximized and maintained in perpetuity; the
developers should be requested to help assist in
developing the park; and, if possible, in the tree
mitigation, the larger oaks should be kept
clustered, be visible from the roadways as an
ambience into the community. VC/Plunk made the
following requests: a risk analysis of what
happens to the dirt, on the school site, if it is
not properly compacted, and was just left alone;
what is the impact of the existing view upon
development; and, because Mr. Schad has suggested
an alternative for preserving the Canyon, she
requested some information on what the Tonner
Canyon Wilderness Conservancy is, how it is legally
formed, it's memberships, and it's ' present
capitalization.
Hardy Strozier suggested that, since Diamond Bar
sits on the cusp of three Counties, the City may
desire further information on other open space uses
currently under conservancyship, either private
conservancy, State, or Federal ownership.
VC/Plunk requested staff to develop some suggested
criteria to determine when an area is significant,
in context of other areas within the City, for the
benefit of future decisions, in general, on whether
an area should be maintained as open space, or be
developed.
Chair/Ruzicka suggested that, when developing the
Parks Master Plan, staff consider developing an
itemized listing of all open space areas within in
the City limits, prioritizing those areas as to
it's future development potential, it's ecological
significance, or it's importance to the citizenry
of maintaining it's open space. He then inquired
if this parcel is subject to review by the
Architectural Review Committee of the Diamond Bar
Improvement Association (DBIA).
AP/Searcy explained that the development on this
site would not be subject to DBIA because there are
no CC&R's developed. All new construction in the
City is subject to review by the City's development
review by the. Planning Commission, or at an
administrative level by staff, via public hearings.
January 7, 1993 Page 6
Chair/Ruzicka suggested that a copy of the draft
EIR be sent to the DBIA. He then inquired who is
currently responsible for the 400,000 cubic yards
of dirt.
Hardy Strozier explained that a final EIR, on the
Schools Master Plan, was approved by the Walnut
Valley Unified School District approximately two
years ago. That EIR reviewed the deposit of
400,000 cubic yards of dirt into the canyon. They
have the responsibility to remove the dirt to
complete construction of the Middle School. The
School District, by law, is required to conform to
local grading ordinances.
Chair/Ruzicka inquired if the usable park area
could be made larger than the proposed 8 to 10
acres to accommodate more of the community.
Hardy Strozier stated that 10 acres of park land is
designed to service more than the proposed 200
homes. Furthermore, when the area is evaluated in
the Parks Master Plan, the Quimby Act requirement
takes into context all open space areas, including
the School District property. The Master Plan
contemplates about half of the park area being
active, half being passive, and all being publicly
accessible. The alternative concepts took the
following into consideration: the use of the
commercial area for additional parking; street
configuration to provide safe pedestrian access to
the park; and the removal of the 2 to 3 acre mound
for additional parking, and recreational buildings.
Chair/Ruzicka, noting that a conveyor belt has been
utilized to remove dirt from a project site,
requested staff to explore other means to remove
the 400,000 cubic yards of dirt, other than by
truckloads, or filling in the Canyon. He then
expressed his concern that, even though there are
currently many vacant commercial spaces within the
City, as well as a lack of park area, the proposal
includes a 30 acre commercial site, yet only an 8
to 10 acre park site.
Hardy Strozier stated that the Master Plan, if
approved, would be part of a long term plan for the
City in terms of commercial inventory, and projects
beyond a 1 to 5 build out period.
C/Schey requested information regarding the
relative benefit of the commercial versus park
space.
January 7, 1993 Page 7
ANNOUNCEMENTS:
Commission C/Schey asked if the alternatives analysis has
Comments begun for the 404 and 1603 process.
Hardy Strozier stated that it is anticipated that
the process will begin within 30 to 60 days.
Jan Dabney explained that one of the delays is the
completion of the development agreement requirement
which reassigns ownership to the various parties.
C/Schey asked, with the elimination of the canyon,
what type of mitigation measures might be
implemented to meet NPDES requirements on the site.
Hardy Strozier stated that the Fish and Game
Department and the Water Resources Control Board
will probably defer to the Army Corp 404 process.
VC/Plunk suggested that there be discussion with
the WVUSD for a Joint Use on a pool at Diamond Bar
High School. She then announced that she was
appointed to the Planning Commission, and thanked
everyone for the time and help given to her.
Hardy Strozier suggested that, if the Commission so
desires, the Council would probably be receptive to
suggested alternatives on this park.
Chair/Ruzicka suggested that the developers be
required to develop the park as part of the Master
Plan.
CSD/Rose inquired when negotiations take place to
determine how the park will be developed, and at
what point will the Commission have an opportunity
to provide input.
Hardy Strozier explained that the development
agreement is within the purview of the City
Council. It is anticipated that the project will
come before the Council in May of 1993. The
Commission may formulate recommendations to the
City Council on this matter up until that date.
C/Schey requested that full scale copies of these
exhibits be made available.
January 7, 1993 Page 8
ADJOURNMENT: Motion was made by C/Schey, seconded by C/Medina
and CARRIED UNANIMOUSLY to adjourn the meeting at
9:16 p.m.
Respectively,
/s/ BOB ROSE
Bob Rose
Secretary
Attest:
/s/ JOE RUZICKA
Joe Ruzicka
Chairman
SWEARING IN:
CALL TO ORDER:
PLEDGE OF
ALLEGIANCE:
ROLL CALL:
NEW BUSINESS:
CITY OF DIAMOND BAR
MiNUTgS OF THE PARKS AND RECREATiUM COMMISSION
JANUARY 28, 1993
Newly appointed Commissioner, Steve Johnson, was
sworn in, by City Clerk Lynda Burgess, to fill the
seat vacated by Lydia Plunk.
Chairman .Ruzicka called the meeting to order at
7:12 p.m. at the AQMD, Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
The audience was led in the Pledge of Allegiance by
Commissioner Johnson.
Commissioners: Medina, Johnson, and Chairman
Ruzicka. Commissioner Schey arrived at 7:16.
Commissioner Whelan was absent (excused).
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal,
Recreation Supervisor Marla Pearlman, and Contract
Secretary Liz Myers.
City's Fourth A citizen's committee is making plans to celebrate
Birthday the fourth anniversary of incorporation by having a
Celebration community birthday party. It is recommended that
the Commission appoint a sub -committee of the Parks
and Recreation Commission to assist with the
organization of the City's Fourth Birthday Party.
Don Gravdahl, a member of the Historical Society,
stated that they have begun their preparations for
the Fourth Anniversary Birthday Party scheduled for
Sunday, April 18th at Peterson Park, from 4:00 to
7:00 p.m. It will have a 50's theme, to include a
50's band, an antique car parade, entertainment
from local school groups, community sponsored game
and food booths, and the cutting of the cake.
Funding for this event is coming from the Diamond
Bar Improvement Association, the Diamond Bar
Historical Society, and the JayCees.
CSD/Rose stated that cars will be located on one of
the fields at Peterson Park, the booths on the
otherside of the field, and band will be located on
the northeast corner, by the left field of the east
softball diamond. The Diamond Bar Girls Softball
has also expressed an interest to help with the
celebration.
C/Medina volunteered to be on the sub -committee to
assist the citizen's committee with organizing the
City's Fourth Birthday Party. The President of the
Chinese Association has expressed an interest in
helping.
January 28, 1993 page 2
Chair/Ruzicka requested staff to correspond to the
Sports Organizations informing them of the event,
and soliciting their input in regards to their
organization's participation.
APPROVAL OF
THE MINUTES:
tes on page 3
Dec. 17, 1992 accuratelyreflectC/Whelanrrected the ,lunot Chair/Whelan.to
ely
Motion was made by C/Schey, seconded by C/Medina
and CARRIED to approve the Minutes of December 17,
1992, as amended. C/Johnson abstained.
OLD BUSINESS:
Parks Master The Commission and staff are presently gathering
Plan Update information for the development of a Parks Master
Plan. A brief update will be provided by the
Commissioners on the task assigned.
CSD/Rose reported that the parks inventory was
completed by Den 1 of the Webelos, Pack 730. He
noted the following two corrections on the
inventory for Paul C. Grow Park: the basketball
court, adjacent to the park, is actually owned by
the school; and there are two baseball fields, not
one.
C/Schey stated that the recreational facilities at
school sites should also be included in the
inventory as available facilities. He inquired how
and
softball fields, baseball fields,
softball/baseball fields were differentiated.
AA/Fritzal noted that the matrix was developed from
the information gathered on Park Standards.
Chair/Ruzicka suggested that the length of the
baseline or the length of the foul line be used as
the criteria to differentiate between the fields.
C/Schey inquired how a surplus or deficiency as
related to park facilities was determined.
AA/Fritzal explained that staff used the NRPA
standards, which bases their standards on
population.
January 28, 1993 Page 3
C/Schey suggested that the Commission review the
inventory supplied by staff, compare it with the
information gathered previously, and come up with a
recommendation for an appropriate standard for
Diamond Bar at the next meeting. in response to
CSD/Rose, he stated that the standards for the City
can be accomplished first, and then include the
inventory for the school facilities as a means for
determining how far away we are to meeting those
standards.
CSD/Rose, in response to C/Johnson, explained that
staff is in the early stages of developing a study
to determine how much of the City's parks are
active and how much is passive.
C/Johnson volunteered to serve on the Inventory of
Sites/Facilities sub -committee.
The Commission concurred to continue the matter to
the next meeting, allowing the Commission time to
consider an appropriate standard, for the City, on
these various items.
Priorities Staff is currently preparing for the budget
Matrix preparation process for the 1993-94 fiscal year.
To assist staff in this process, it would be
helpful if the Commission prioritized its goals for
funding.
C/Schey requested staff to include the estimated
costs for each of the items so that the Commission
has a general idea of the magnitude of costs that
are associated with the project, as it relates to
the budget.
CSD/Rose reviewed each item listed in the
Priorities Matrix, as indicated in the staff
report. He noted that items 1 through 8 are from
the Commission's Priority Matrix, and items 9
through 25 are a list of items brought to staff's
attention by a citizen, Councilmember, etc.. The
following is a summarization of the costs, and/or
grants, associated with each item:
1. Parks Master Plan - estimated cost is between
$20,000 to $30,000.
2. Pantera Park - 1.47 million dollar grant.
3. Senior Citizens Program at Heritage Park -
possible $8-12,000 grant for programming.
4. Joint Use Agreement with PUSD - timeline item.
5. Ballfield Lights at Peterson Park - estimated
cost of $125,000 to be attained from either
Quimby fees or $575,000 discretionary funds.
January 28, 1993 Page 4
6. Park Maintenance Contract Enhancement - bid
will be similar to the current costs.
7. Ballfield Lights at Heritage Park - estimated
cost of $2,400.
8. Mitigate Turf Condition at Peterson Park -
City Council allocated $9,000 for the current
fiscal year.
C/Medina requested staff to include, in the matrix,
information as to how an item could be funded, such
as it's eligibility for a grant, or a possible
donation from a service group.
CSD/Rose continued with his summary. The following
items were given a cost estimate:
10. Tree Nursery at Sycamore Canyon Park -
estimated cost is $10-15,000 dollars.
Southern California Edison (SCE) will donate
saplings to the City.
12. Retro fit irrigation heads at.Heritage Park -
estimated cost is $180 for each irrigation
head.
15. Install pay phones at City Parks - cost is
approximately $57/month to maintain a pay
phone.
16. Replace Flag pole at heritage Park - estimated
cost is about $2,000.
17. Purchase stage for Concert in the Parks -
estimated cost is between $2,000 and $20,000.
19. Purchase Slats for Chain Link Fence at
Sycamore Canyon Park - estimated cost is
$4,000.
21. Re -locate Drinking Fountain at Heritage Park -
estimated cost is $400 to $500.
22. Replace Playground equipment at Maple Hill
Park - can be part of ADA retro fit.
24. Replace Mercury Vapor Lights at Maple Hill
Tennis Courts - estimated cost is $7,000,
which includes fixtures.
C/Schey requested that, in conjunction with item
18, add sand to playground areas, include
maintaining and upgrading the drainage in the tot
lots.
C/Schey requested that the South Pointe Master Plan
assessment also be identified in the Priorities
Matrix.
January 28, 1993 Page 5
Chair/Ruzicka, noting that the metal counter on the
concession stand at Peterson Park faces the sun and
will get quite hot in the summertime, suggested
that the Priorities Matrix also include some sort
of a decking to offer shade for that counter.
CSD/Rose stated that there is a pop up canopy,
presently at Peterson Park, that could be used as a
temporary measure by the Diamond Bar Girls
Softball.
AA/Fritzal stated that the shade cover for the
Peterson Park concession stand will be included in
the Priorities Matrix under minor CIP, and the
South Pointe Master Plan will be put under both
Acquisition and major CIP. Staff will also include
a column, to the matrix, that will indicate a
possible funding source, a dollar amount, or both,
if available.
Chair/Ruzicka stated that the Commission will
prioritize the list, as recommended by staff, for
the next meeting.
C/Schey indicated that his goal in trying to
establish a suggested priority will be to create a
priority for items that will expand the usability
for our facilities, and enhance the safety of our
facilities.
NEW BUSINESS:
Vice Chairman C/Medina nominated C/Schey to be Vice Chairman.
Selection C/Johnson seconded the nomination.
CSD/Rose, in response to C/Schey, confirmed that
the position is to serve the balance of Ms. Plunk's
term.
The Commission voted upon the nomination for
C/Schey as Vice Chairman of the Parks and
Recreation Commission. The nomination CARRIED
UNANIMOUSLY.
Commission Following discussion, the following individuals now
Sub -committee serve as members of the following sub -committees:
o User Groups Ruzicka, Schey
o Master Plan Ruzicka
Inventory Johnson, Medina
Park Standards Schey
Program Inventory Whelan, Johnson
o Senior Citizens Medina, Johnson
o Adopt a Park Whelan, Johnson
0 Birthday Event Medina
January 28, 1993 Page 6
ADA Staff has completed a self evaluation of parks and
recreation programs and facilities as required by
the Americans with Disabilities Act (ADA), and has
noted 48 existing deficiencies. Itis recommended
that the Commission appoint a sub -committee to work
with staff to prioritize the order and the manner
by which deficiencies are to be resolved, and to
assist in obtaining public comments on the self
evaluation.
CSD/Rose reported that Community Development Block
Grant (CDBG) funds may be used to address the
accessibility of public facilities to meet ADA
standards. There needs to be a good faith effort
by the City in attempting to accomplish these goals
within the scope of the budget available.
C/Medina suggested that staff look into the
availability of other federal grants that could be
used to retrofit the City's park equipment.
CSD/Rose, in response to C/Schey, stated that any
park equipment installed after January 26, 1992
must comply with ADA requirements, which would
include those playgrounds funded by Landscape and
Maintenance Districts. In response to C/Medina, he
stated that the Heritage Park Building will comply
with ADA standards.
C/Johnson inquired if the Commission will need to
be concerned with Title 1, of ADA, regarding
employment of the recreation staff.
CSD/Rose stated that the contract, with the City of
Brea, will have to be rewritten to include a
notation that Brea agrees to meet with ADA
requirements in regards to employment. ADA
compliance will be a responsibility of the
Personnel Division.
C/Johnson and Chair/Ruzicka volunteered to be on
the ADA Sub -committee.
C/Johnson inquired if there are standards that the
Commission follows to determine the makeup of an
advisory board to that sub -committee. It may be
appropriate that the advisory board, dealing with
ADA requirements, consist of consumers that reside
in Diamond Bar.
January 28, 1993 Page 7
VC/Schey suggested that, since dealing with ADA
requirements impacts the City in such a far
reaching manner, it might be appropriate to suggest
to the City Council the formation of an adhoc
committee on ADA compliance, to consist of members
of the Parks and Recreation Commission, the
Planning Commission, the Traffic and Transportation
Commission, User Groups, constituents, and the City
Council.
Motion was made by C/Schey, seconded by C/Johnson
and CARRIED UNANIMOUSLY to establish a sub-
committee of the Parks and Recreation Commission,
consisting of C/Johnson and Chair/Ruzicka, and to
request staff to recommend to the City Council the
formation of an adhoc group of the community, to
deal with ADA requirements, to include
representation from all the Commissions of the
City.
INFORMATIONAL
ITEMS:
Pantera Park/ Staff intends to send out an RFP seeking the
Proposition services of a Landscape Architect to complete the
"A" Update plans and specifications for a "phased" development
of Pantera Park, leaving the $570,000 in
discretionary Prop "A" funds for other Commission
priorities in Diamond Bar Parks. It is recommended
that the Commission comment on the planned
"phasing" of the development of Pantera Park and
make suggestions on the use of Proposition "A"
funds.
VC/Schey inquired if the Opinion of Probable
Construction Costs, estimated by Forma Design,
Inc., was based upon a particular design
established.
AA/Fritzal explained that a maximum development
design was submitted when applying for the LA
County Parks and Recreation grant, with the intent
of obtaining as much funds as possible. Once the
funds are received, then the park will be designed
in a manner desired.
CSD/Rose stated that the intent is to spend the
1.47 million dollars on Pantera Park, and use the
$570,000 in discretionary funding for a variety of
other directions. It would be helpful to staff if
the Commission could provide input as to how the
$570,000 should be used, such as to remedy the turf
problem at Peterson Park, or if it should be used
for further amenities during the first phase of
January 28, 1993 Page 8
Pantera Park. CSD/Rose then indicated that there
appears to be some errors in the numbers indicated
in the Schematic Plan that will need to be
reviewed.
VC/Schey stated that it is important that Pantera
Park include such amenities as fields, play areas,
lighting, bathrooms, and hardscaping so as to get
maximum usage. A community center does not need to
be done at this time, and perhaps tennis courts
could wait as well. He then suggested that the
site be designed with these amenities in mind, to
be prioritized by the Commission, and that it be
bid in such a way that the items can be deleted.
The park can be designed to include all the
amenities that have been deemed appropriate, and
phased in as necessary, based upon a Master Plan,
with a budget 1.47 million dollars. The $570,000
could be used for capital improvements on the other
parks sites in the City.
The Commission concurred that the funds be used to
develop Pantera Park with facilities that will
increase usage, and that the $570,000 be spent on
capital improvements to upgrade existing parks.
Recreation PS/Pearlman gave an update on the Contract Classes
Update and Registration, Youth Basketball, Adult
Athletics, and Track and Field Meet, as presented
in the staff report. She reported that the
contract classes, in the last two weeks, has
processed about $18,000 dollars, and the athletic
program has processed $1,244 dollars.
AA/Fritzal reported that the Tiny Tots program is
doing well. The City received a donation for
cabinetry for the portable building at Sycamore
Park. Staff attended a Concert in the Parks
meeting to discuss possible bands, and new
programming ideas for the upcoming year. Also,
there still are some adult excursions that have
openings if there is anyone interested.
C/Johnson suggested that a wrestling class be
considered as one of the contract classes.
ANNOUNCEMENTS: C/Medina noted that there are many seniors that
have not received a Senior Survey. Perhaps the
survey should be mailed to all residents.
January 28, 1993 Page 9
CSD/Rose stated that staff is aware that the
mailing list is not completely accurate, and,
because of our limited budget, it would be too
expensive to mail a survey to each household. If
there is an individual who would like a survey,
they should contact the City and it will be mailed
to that address. Staff has received back three
hundred surveys so far, as well as quite a few
phone calls from people offering assistance.
C/Johnson reported that the City's Anniversary pin
has just been designed.
VC/Schey stated that he is pursuing the possibility
that the City may be able to install pay phones at
the parks, at the cost of the County.
VC/Schey stated that he will submit, to staff, an
outline of potential mechanisms, regarding the
planning process of the recreation areas of the
South Pointe Master Plan, to upgrade it to a
community park to benefit the entire community.
The City is not in need of another neighborhood
park. He requested that this matter be placed as
an agenda item for discussion and Commission input.
Furthermore, another issue, that should also be
placed as an agenda item, is the potential for the
development of a golf course within the vacant
Bramalea property, located generally between the
southridge area and Diamond Bar Boulevard. We may
have the ability, through the development of a golf
course on that site, to also expand the usable area
of Summitridge Park into a true community size
park, creating some developable lots, near the golf
course, that might generate revenue for the City,
as well as grade off 10 to 15 acres for a civic
center.site.
CSD/Rose pointed out that there is a sizeable area
in the South Pointe Master Plan, that is being
discussed as an economical development area. The
Commission should also be aware of the possibility,
in terms of long range planning, of being able to
use that area as a revenue provider for purchasing
Site D land, located on the corner of Diamond Bar
Blvd. and Brea Canyon Road.
VC/Schey requested staff to provide information
regarding financing, through the use of the
Landscaping Maintenance Districts, for park
facilities, as well as other available type
funding.
January 28, 1993
Page 10
Chair/Ruzicka reported that there will be a special
User Group sub -committee meeting on Monday,
February 1, 1993 at 7:00 p.m. to discuss the South
Pointe Master Plan. He also reported that the DBIA
has elected a sub -committee to help combat
graffiti, a growing problem in the City. He then
reported that there were many citizens who attended
the Planning Commission's South Pointe Master Plan
public hearing to express their concerns. It is
important that the public be kept informed
regarding the mitigation measure for the various
concerns expressed.
ADJOURNMENT: Motion was made by C/Medina, seconded by VC/Schey
and CARRIED UNANIMOUSLY to adjourn the meeting at
9:57 p.m.
Respectively,
Is/ BOB ROSE
Bob Rose
Attest: Secretary
/s/ JOE RUZICKA
Joe Ruzicka
Chairman
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. �_
TO: Honorable Mayor and City Council
MEETING DATE: March 16, 19934� REPORT DATE: March 8, 1993
FROM: Linda G. Magnuson � Accounting Manager
TITLE: Proposed Change in Banking Services
SUMMARY:
In April, 1989, when the City incorporated, banking services were established with
the Grand and Diamond Bar Branch of Security Pacific National Bank. Since the
accounts were established and until recently City staff has maintained a
satisfactory professional working relationship with both the branch management
team and the government services representatives.
Approximately one year ago, Security Pacific and Bank of America merged and became
one bank. At the time of the merger few changes were experienced immediately.
However, as the Diamond Bar office moved closer to the actual conversion, the City
has started experiencing several difficulties with its accounts.
RECOMMENDATION:
It is recommended that the City Council authorize a banking contract with the
Diamond Bar Branch of First Interstate Bank. Pass the resolution authorizing a
contract for deposit of monies with First Interstate Bank. Pass the resolution
authorizing First Interstate's issuance of credit cards for designated officials
Pass the resolution authorizing the deposit and withdrawal of monies to and from
LAIF for the purposes of investment.
LIST OF ATTACHMENTS:
X Staff Report _
X 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
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_
No
4.
Has the report been reviewed by a Commission?
_ Yes_
No
Which Commission?
5.
Are other departments affected by the report?
_ Yes_
No
Report discussed with the following affected departments:
REVIEWED BY:
YkJAWq
Terrence L. Belaa Linda G. Mag on
City Manager Accounting Ma ger
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Transfer of banking services from Security Pacific National
Bank/Bank of America to First Interstate Bank.
ISSUE STATEMENT:
Originally the City of Diamond Bar entered into banking arrangements with
Security Pacific National Bank. Since the bank merger with Bank of America,
service levels have deteriorated. With the conversion imminent, now is the
time to make a change in banking services.
RECOMMENDATION:
Authorize staff to enter into a banking contract with the Diamond Bar Branch
of First Interstate Bank. Approve the resolution authorizing a contract for
deposit of monies with First Interstate Bank. Approve the resolution
authorizing the use of city credit cards for designated officials. Approve
the resolution authorizing the deposit and withdrawal of monies to and from
the LAIF for the purposes of investment.
FINANCIAL SUMMARY:
There is little or no difference in the cost of services between Bank of
America and First Interstate.
BACKGROUND:
At the time of the City's incorporation the City established banking services
with the Grand and Diamond Bar branch of Security Pacific National Bank. The
reasons for this association included convenience, an experienced management
team which was familiar with the community, cost, and the ability to accept-
and
cceptand credit same day transfers from state and county agencies.
Since that time, Security Pacific National Bank has experienced a major
change, namely the merger with Bank of America. When the merger became
effective there were very few, but small changes. As time went on and the
branch came closer to the conversion to Bank of America, the changes have
becomemore and more drastic. The following is a listing of changes which
have occurred and caused concerns:
Bank Charge Cards - The City Manager and City Councilmembers have City
issued charge accounts for business meetings and expenses. New cards
have been issued by Bank of America. Since this change, various
problems have been experienced with the new accounts.
Branch Management Changes - The management staff of the branch was
completely changed with less than a week's notice. This change included
the transfer of the branch manager and assistant manager. The City had
Page 2 - Banking Services
built a professional working relationship with the former management
team. The new branch manager is currently splitting his time between
two different branches. In order to conduct the City 's business, it is
essential that City staff have a working relationship with the branch.
Since the change in management, there has been little effort on the
bank's part to provide this service.
Convenience - City staff makes deposits to the City bank accounts on a
daily basis. With the changes in the bank, service levels have
deteriorated. The wait in the teller line is now anywhere from 20 to 30
minutes. In addition, the deposits must reach the bank by 4:OOPM for
the same day credit.
Bank Charges The City has accounts which require minimum daily
balances to cover service charges. There has been an ongoing problem
with the branch charging the City's checking accounts for charges of
which the City is exempt. City staff notifies the branch of these
charges and they are eventually reversed. These charges should never
occur.
Government Services Representative - When the merger occurred there was
an immediate change in the government services representative. There
was no communication from the bank advising the City of this. When it
was discovered, the branch was notified and a meeting was set up with
the new government services representative. Since this meeting, and
upon calling to speak to this individual, it was found that another
person had been assigned to this position. Communication from the bank
regarding this change wasn't received until weeks later.
DISCUSSION:
The City has several local banks. They include Bank of America, First
Interstate Bank, Vineyard National Bank, and Great Western Bank. Of these
local banks the only other bank able to provide same day deposit services
from the State and County direct deposits is First Interstate Bank.
The cost of services with First Interstate will be basically the same as
charged by Bank of America and will be off -set by the City maintaining the
necessary minimum daily balances. In addition, the bank will provide
necessary individual business credit card accounts at no cost.
Fisrt Interstate Bank is open every day until at least 5:00 PM. All deposits
received prior to closing will be credited the same day. In addition, First
Interstate has a five minute teller guarantee. This will save valuable staff
time.
The Diamond Bar Branch of First Interstate Bank has been extremely interested
in providing banking services for the City of Diamond Bar. The branch
management team, as well as the government services representative is ready
and willing to provide the assistance necessary in making the change. In
addition, personnel at the branch level will be assigned as a liaison to City
staff.
PREPARED BY:
Linda G. Magnuson
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING THE USE OF CITY
CREDIT CARDS FOR DESIGNATED OFFICIALS.
A. Recitals
(i) The City of Diamond Bar was incorporated on April
18, 1989; and
(ii) The City Council and designated official incurs
expenses carrying out municipal functions, benefiting the City of
Diamond Bar;
B. RESOLUTION.
NOW THEREFORE, be it resolved by the City Council of the
City of Diamond Bar follows:
1. The Mayor is authorized to designate city officials
to use city credit cards issued by First Interstate Bank, and
2. Designated officials shall mean any member of the
City Council and City Manager.
PASSED, ADOPTED AND APPROVED this day of
, 1993.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond bar held on the day of
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
, 1993, by the
City Clerk of the
City of Diamond Bar
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING THE DEPOSIT AND
WITHDRAWAL OF MONIES IN AND FROK THE LOCAL
AGENCY INVESTMENT FUND IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 16429.1 FOR THE
PURPOSES OF INVESTMENT
A. Recitals
(i) Pursuant to Chapter 730 of the Statutes of 1976,
California Government Code Section 16429.1 was added to create a
Local Agency Investment Fund in the State Treasury for the deposit
of local agency (municipality) for the purpose of investment by the
State Treasurer; and
(ii) The City Council of the City of Diamond Bar does
hereby find that the deposit and withdrawal of money in the Local
Agency Investment Fund, in accordance with government Code Section
16429.1 for the purposes of investment as stated therein, is in the
best interests of the City of Diamond Bar.
B. RESOLUTION.
NOW THEREFORE, be it resolved by the City Council of the
City of Diamond Bar follows:
1. The City Council of the City of Diamond Bar does
hereby authorize the deposit/withdrawal of City monies in First
Interstate Bank to and from the Local Agency Investment Fund in the
State Treasury in accordance with the provisions of Government Code
Section 16429.1.
2. The Following City officers or their successors in
office are hereby authorized to order the deposit of monies in the
Local Agency Investment Fund:
City Manager - Terrence L Belanger
Accounting Manager - Linda G. Magnuson
Deputy City Clerk - Tommye A. Nice
PASSED, ADOPTED AND APPROVED this day of
1993.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond bar held on the day of , 1993, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AUTHORIZING A CONTRACT FOR
DEPOSIT OF MONIES WITH FIRST INTERSTATE BANK.
A. Recitals
(i) The Diamond Bar City Council does desire to
deposit monies with First Interstate Bank.
B. REMMION .
NOW THEREFORE, be it resolved by the City Council of the
City of Diamond Bar follows:
1. The Mayor and City Manager are authorized to enter
into a contract for deposit of monies with First Interstate Bank,
1195 South Diamond Bar Boulevard, Diamond Bar, California 91765.
PASSED, ADOPTED AND APPROVED this day of
, 1993.
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was passed, adopted
and approved at a regular meeting of the City Council of the City
of Diamond bar held on the day of , 1993, by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. .
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 16, 1993 REPORT DATE: March 2, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Bond Exoneration for Construction of Storm Drain Improvements on Parcels 2 and 4 of Parcel
Map 14819 at 22344 and 22364 Golden Springs Drive.
SUMMARY: The City of Diamond Bar desires to exonerate the security deposit posted for the
construction of Storm Drain P.D. 1747 located at 22344 and 22364 Golden Springs Drive on Parcels 2 and
4 of Parcel 14819. (See attached site map).
RECOMMENDATION: It is recommended that the City Council approve the release of the security .
deposit posted for construction of Storm Drain P.D. 1747 on Parcels 2 and 4 of Parcel 14819 in the amount
of $311,316. Further, it is recommended that the City Clerk notify the Los Angeles County, Downey
Savings and Loan Association and DSL Service Company of the City Council's action.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
_ Ordinances(s) X Other: L.A. Co. Release Letter
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
n
1
Terrence L. Belanger
City Manager
Geor e A. W tz
Inte City gineer
_ Yes X No
Majority
Yes X No
Yes X No
Yes X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Exoneration of Labor and Materials Bond for Storm
Drain PD 1747 on Parcels 2 and 4 of Parcel Map
14819 at 22344 and 22364 Golden Springs Drive.
ISSUE STATEMENT
This report requests the exoneration of a 'labor and materials'
bond posted for construction of Storm Drain Improvements, per
Private Drain Plan No. 1747 on Parcels 2 and 4 of Parcel 14819 at
22344 and 22364 Golden Springs Drive.
RECOMMENDATION
It is recommended that the City Council approve the release of the
security deposit posted for construction of Storm Drain P.D. 1747
on Parcels 2 and 4 of Parcel 14819 in the amount of $311,316. This
bond was originally filed with Los Angeles County prior to the
incorporation of the City of Diamond Bar. The City is in receipt
of a letter from the County stating that there have been no demands
or claims against this guarantee (See attached). Further, it is
recommended that the City Clerk notify the Los Angeles County,
Downey Savings and Loan Association and DSL Service Company of the
City Council's action.
FINANCIAL SUMMARY
This action has no impact on the City's 1992-1993 budget.
BACKGROUND
Storm Drain No. PD 1747 was constructed in the middle of 1987 as a
part of the improvements on Parcels 2 and 4 of Parcel Map 14819,
before the City incorporated. The City will still withold the
$62,331 which remains in passbook no. 44-09000033, which was given
as security for faithful performance of the construction of the
storm drain; to secure correction of a discrepancy between the
storm drain easements described on Parcel Map 14819 and the actual
design and installation described on the construction drawings.
This correction is being initiated by the Developer at the present
time.
DISCUSSION
The following listed surety bond need to be released:
Parcel No.: 14819
Passbook Number: 44-09000033
Principal: Downey Savings and Loan Association
Financial Institution: Downey Savings and Loan Association
Amount: $311,316
Prepared B
Anne Garve
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THOMAS A. TIDEMANSON, Director
February 8, 1993
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 91602-1460
The City Council
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765-4173
Dear City Council:
IN REPLY PLEASE
REFER TO FILE L-5
LABOR AND MATERIALS GUARANTEE
STORM DRAIN/DRAINAGE IMPROVEMENT
PARCEL MAP NO. 14819
The time period required by law has passed and no claims have
been filed against the labor and materials guarantee for the
subject division of land.
IT IS RECOMMENDED THAT YOUR COUNCIL:
Release the following security deposit:
Passbook Number 44-09000033
Amount - $311,316.00
Depositor - Downey Savings & Loan Association
P.O. Box 6030
Newport Beach, CA 92658-6030
Financial Institution - Same as Depositor
Please instruct the City Clerk to send a copy of the City Council
action on this recommendation to the depositor and this office.
Very truly yours,
T. A. TIDEMANSON
Director of Public Works
?
N. C. DATWYLER
Assistant Deputy Director
Land Development Division
HSL:ca/14819
AGENDA ITEM NO. 6.1
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 6.2
NO DOCUMENTATION AVAILABLE
AGENDA ITEM NO. 7.1
NO DOCUMENTATION AVAILABLE
AGENDA REPORT
AGENDA NO. �'. 3_
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 16, 1993 REPORT DATE: March 11, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Adoption of a Transportation Demand Management (TDM) Ordinance.
SUMMARY: The state statute requires that local jurisdictions adopt and implement a (TDM) Ordinance,
consistent with the County Congestion Management Program (CMP), which encourages car pooling, van
pooling, transit ridership and non -motorized transportation. On March 2, 1993, the City Council approved the
first reading of the TDM Ordinance No. 01 (1993) by title only. At the March 16, 1993 Council meeting, staff
recommends the approval of second reading, by title only, and waive full reading and adopt the TDM
Ordinance No. 01 (1993).
RECOMMENDATION: The City Council approve the second reading, by title only, waive full reading and
adopt Ordinance No. 01 (1993).
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
X Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specifications (on file in City Clerk's Office)
_ Others
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 & Traffic Transportation
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affJqcted departments:
REVIEWED BY:
�,tmw f - ul�
Terrence L. Belanger George
City Manager Interim
Wentz
y Engineer
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADDING A NEW CHAPTER 22.78 TO
TITLE 22 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED BY REFERENCE PERTAINING TO
TRIP REDUCTION AND TRAVEL DEMAND MEASURES
A. Recitals.
(i) The Legislature of the State of California has
found that the lack of an integrated transportation system and
increases in the number of vehicles are causing traffic
congestion that each day results in hundreds of thousands of
hours lost in traffic, tons of pollutants released into the air
and millions of dollars of added costs to the motoring public.
(ii) The Legislature has adopted legislation
requiring the preparation and implementation of a Congestion
Management Program ("CMP11) by county transportation commissions
or other public agencies of every county that includes an
urbanized area.
(iii) The Metropolitan Transportation Authority
("MTA") is responsible for the preparation of the CMP for Los
Angeles County ("County").
(iv) The CMP must contain a trip reduction and
travel demand management element that promotes alternative
transportation methods, such as carpools, vanpools, transit,
bicycles, walking and park-and-ride lots, improvements in the
balance between jobs and housing, and other strategies, including
flexible work hours, telecommunting and parking management
programs.
1
(v) The County and every city within the County is
required by law to adopt and implement a Transportation Demand
Management ("TDM") ordinance as an important element of the
Congestion Management Program to relieve congestion and improve
air quality.
(vi) MTA must determine annually whether the County
and cities within the County are conforming to the CMP, including
the requirement to adopt and implement a TDM ordinance.
(vii) Because the CMP is an evolving program which
will be developed incrementally, as experience is gained through
its implementation, this TDM Ordinance may be amended or
superseded from time to time, as necessary to meet congestion and
air quality goals.
(viii) The State Clean Air Act requires regions to
attain a 1.5 person per vehicle occupancy rate during the commute
period by the year 1999.
(ix) This Ordinance is intended to comply with the
CMP's requirements for a TDM ordinance. The requirements of
South Coast Air Quality Management District ("District")
Regulation XV are separate from this Ordinance, and administrated
by the District. Nothing herein is intended, nor shall it be
construed, to limit or otherwise preclude employers from offering
or providing additional inducements to use alternatives to
single -occupant vehicles to their employees necessary to meet
Regulation XV requirements.
2
(x) In order to use the existing and planned
transportation infrastructure more efficiently, maintain or
improve traffic levels of service, and lower motor vehicle
emissions, it is the policy of the City of Diamond Bar to
minimize the number of peak period vehicle trips generated by
additional development, promote the use of alternative
transportation, improve air quality and participate in regional
and countywide efforts to improve transportation demand and
management.
(xi) The Planning Commission of the City of Diamond
Bar conducted and concluded a duly noticed public hearing on the
within Ordinance on , 1993 and recommended, by its
Resolution No. , that this City Council adopt the within
Ordinance.
(xii) This City Council, on , 1993,
conducted a duly noticed public hearing as required by law on the
within Ordinance and concluded said hearing prior to the adoption
of this Ordinance.
(xiii) All legal prerequisites to this adoption of
this Ordinance have occurred.
B. Ordinance.
NOW THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
section 1: In all respects as set forth in the
Recitals, Part A, of this Ordinance.
3
Section 2: The City Council hereby finds that Negative
Declaration No.
has been prepared in compliance
with the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder, that said
Negative Declaration and the Initial Study therefor reflect the
independent judgment of the City of Diamond Bar, and further,
this City Council has reviewed and considered the information
contained in said Negative Declaration No. with
respect to the Ordinance set forth herein.
Section 3: The City Council hereby specifically finds
and determines that, based upon the findings set forth below, and
changes and alterations which have been incorporated into the
proposed ordinance, no significant adverse environmental effects
will occur.
Section 4: The City Council finds that facts
supporting the above-specified findings are contained in the
Negative Declaration, the staff report and exhibits, and the
information provided to this City Council during the public
hearing conducted with respect to the Ordinance and the Negative
Declaration.
Section 5: Pursuant to the provisions of § 753.5(c) of
Title 14 of the California Code of Regulations, the City Council
finds as follows: In considering the record as a whole, the
Initial Study and Negative Declaration No.
is no evidence before this City Council that the proposed
, there
Ordinance will have potential for an adverse impact on wildlife
F11
resources or the habitat upon which wildlife depends. Further,
based upon substantial evidence contained in the Negative
Declaration, the staff report and exhibits, and the information
provided to the City Council during the public hearing, this City
Council hereby rebuts the presumption of adverse effect as set
forth in § 753.5(c -1-d) of Title 14 of the California Code of
Regulations.
Section 6: A new Chapter 22.78 hereby is added to
Title 22 of the Los Angeles County Code as heretofore adopted by
reference to read, in words and figures, as follows:
"CHAPTER 22.78
"TRIP REDUCTION AND TRAVEL DEMAND MEASURES
"Sections:
"22.78.010 Definitions
1122.78.020 Review of Transit Impacts
1122.78.030 Transportation Demand and Trip
Reduction Measures
1122.78.040 Monitoring
"22.78.050 Penalties for Violation of Chapter
1122.78.060 Civil Remedies Available
1122.78.070 Severability
"Section 22.78.010. DEFINITIONS
"The following words or phrases shall have the
following meanings when used in this Chapter:
"A. `Alternative Transportation' means the use of
modes of transportation other than the single
5
passenger motor vehicle, including, but not
limited to, carpools, vanpools, buspools, public
transit, walking and bicycling.
"B. `Applicable Development' means any development
project that is determined to meet or exceed the
project size threshold criteria contained in
Section 22.78.030.
"C. `Buspool' means a vehicle carrying sixteen (16) or
more passengers commuting on a regular basis to
and from work with a fixed route, according to a
fixed schedule.
"D. `Carpool' means a vehicle carrying two (2) to six
(6) persons commuting together to and from work on
a regular basis.
"E. `The California Environmental Quality Act (CEQA)'
means the provisions of California Public
Resources Code §§ 21000, et seq., and the
Guidelines promulgated thereunder (Division 6 of
Title 14 of the California Code of Regulations).
'F. `Developer' shall mean the builder who is
responsible for the planning, design and
construction of an applicable development project.
A developer may be responsible for implementing
the provisions of this Chapter as determined by
the property owner.
N
'G. 'Development' means the construction or addition
of new building square footage. Additions to
buildings which existed prior to the adoption of
this Chapter and which exceed the thresholds
defined in Section 22.78.030 shall comply with the
applicable requirements but shall not be added
cumulatively with existing square footage;
existing square footage shall be exempt from these
requirements. All calculations shall be based on
gross square footage.
"H. 'Employee Parking Area' means the portion of total
required parking at a development used by onsite
employees. Unless otherwise specified in the
Zoning Code, employee parking shall be calculated
as follows:
Percent of Total Required
"Type of Use Parking Devoted to Employees
"Commercial 30%
"Office/Professional 85%
"Industrial/Manufacturing 90%
"I. 'Preferential Parking' means parking spaces
designated or assigned, through use of a sign or
painted space markings for carpool and vanpool
vehicles carrying commute passengers on a regular
basis that are provided in a location more
7
convenient to a place of employment than parking
spaces provided for single occupant vehicles.
"J. 'Property Owner' means the legal owner of a
development who serves as the lessor to a tenant.
The property owner shall be responsible for
complying with the provisions of the ordinance
either directly or by delegating such
responsibility as appropriate to a tenant and/or
agent.
"K. 'South Coast Air Quality Management District
(SCAQMD)' is the regional authority appointed by
the California State Legislature to meet federal
standards and otherwise improve air quality in the
South Coast Air Basin (the non -desert portions of
Los Angeles, Orange, Riverside, and San Bernardino
Counties.)
"L. 'Tenant' means the lessee of facility space at an
applicable development project.
"M. 'Transportation Demand Management (TDM)' means the
alteration of travel behavior -- usually on the
part of commuters -- through programs of
incentives, services, and policies. TDM addresses
alternatives to single occupant vehicles such as
carpooling and vanpooling, and changes in work
schedules that move trips out of the peak period
8
or eliminate them altogether (as is the case in
telecommunting or compressed work weeks).
'N. 'Trip Reduction' means reduction in the number of
work-related trips made by single occupant
vehicles.
"O. 'Vanpool' means a vehicle carrying seven or more
persons commuting together to and from work on a
regular basis, usually in a vehicle with a seating
arrangement designed to carry seven (7) to fifteen
(15) adult passengers, and on a prepaid
subscription basis.
"P. 'Vehicle' means any motorized form of
transportation, including but not limited to
automobiles, vans, buses and motorcycles.
"Section 22.78.020. REVIEW OF TRANSIT IMPACTS
"All development projects for which an Environmental
Impact Report (EIR) is required to be prepared shall be
subject to the Land Use Analysis Program contained in the
Los Angeles County Congestion Management Program (CMP), and
shall incorporate into the EIR an analysis of the projects
impacts on the regional transportation system. Said
analysis shall be conducted consistent with the
Transportation Impact Analysis (TIA) Guidelines contained in
the most recent Congestion Management Program adopted by the
Los Angeles County Metropolitan Transportation Authority.
9
"Prior to approval of any development project for which
an Environmental Impact Report (EIR) will be prepared
pursuant to or based on a local determination, regional and
municipal fixed -route transit operators providing service to
the project shall be identified and consulted with.
Projects for which a Notice of Preparation (NOP) for a Draft
EIR has been circulated pursuant to the provisions of CEQA
prior to the effective date of this ordinance shall be
exempted from its provisions. The 'Transit Impact Review
Worksheet', contained in the Los Angeles County Congestion
Management Program Manual, or similar worksheets, shall be
used in assessing impacts. Pursuant to the provisions of
CEQA, transit operators shall be sent an NOP for all
contemplated EIR's and shall, as part of the NOP process, be
given opportunity to comment on the impacts of the project,
to identify recommended transit service or capital
improvements which may be required as a result of the
project, and to recommend mitigation measures which minimize
automobile trips on the CMP network. Impacts and
recommended mitigation measures identified by the transit
operator shall be evaluated in the Draft Environmental
Report prepared for the project. Related mitigation
measures adopted shall be monitored through the mitigation
monitoring requirements of CEQA.
"Phased development projects, development projects
subject to a development agreement, or development projects
10
requiring subsequent approvals, need not repeat this process
as long as no significant changes are made in the project.
It shall remain the discretion of the lead agency to
determine when a project is substantially the same and
therefore covered by a previously certified EIR.
"Section 22.78.030. TRANSPORTATION DEMAND AND TRIP
REDUCTION MEASURES
"A. Applicability of Requirements
"Prior to approval of any development project, the
applicant shall make provision for, at a minimum, all of the
following applicable transportation demand management and
trip reduction measures.
"This Chapter shall not apply to projects for which a
development application has been deemed "complete" by the
City pursuant to California Government Code § 65943, or for
which a Notice of Preparation for a DEIR has been circulated
or for which an application for a building permit has been
received, prior to the effective date of this Chapter.
"All facilities and improvements constructed or
otherwise required shall be maintained in a state of good
repair.
"B. Development Standards
111. Non -Residential development of 25,000 square feet
or more shall provide the following to the statisfaction of
the City:
11
"(a) A bulletin board, display case, or kiosk
displaying transportation information located where the
greatest number of employees are likely to see it.
Information in the area shall include, but is not limited
to, the following:
11(1) Current maps, routes and schedules for
public transit routes serving the site;
"(2) Telephone numbers for referrals on
transportation information including numbers for the
regional ridesharing agency and local transit operators;
"(3) Ridesharing promotional material
supplied by commuter -oriented organizations;
"(4) Bicycle route and facility information,
including regional/local bicycle maps and bicycle safety
information;
"(5) A listing of facilities available at
the site for carpoolers, vanpoolers, bicyclists, transit
riders and pedestrians.
112. Non -Residential development of 50,000 square feet
or more shall comply with Section 22.78.030 B.1, above, and
shall provide all of the following measures to the
satisfaction of the City:
"(a) Not less than 10% of employee parking
area(s), shall be located as close as is practical to the
employee entrance(s), and shall be reserved for use by
potential carpool/vanpool vehicles, without displacing
12
handicapped and customer parking needs. This preferential
carpool/vanpool parking area shall be identified on the site
plan upon application for building permit, to the
satisfaction of City. A statement that preferential
carpool/vanpool spaces for employees are available and a
description of the method for obtaining access to such
spaces must be included on the required transportation
information board. Spaces will be signed/striped as demand
warrants; provided that at all times at least one space for
projects of 50,000 square feet to 100,000 square feet and
two spaces for projects over 100,000 square feet will be
signed/striped for carpool/vanpool vehicles.
"(b) Preferential parking spaces reserved for
vanpools must be accessible to vanpool vehicles. When
located within a parking structure, a minimum vertical
interior clearance of 712" shall be provided for such spaces
and accessways to be used by such vehicles. Adequate
turning radii and parking space dimensions shall also be
included in vanpool parking areas.
"(c) Bicycle racks or other secure bicycle
parking shall be provided to accommodate 4 bicycles per the
first 50,000 square feet of non-residential development and
1 bicycle per each additional 50,000 square feet of non-
residential development. Calculations which result in a
fraction of 0.5 or higher shall be rounded up to the nearest
whole number. A bicycle parking facility may also be a
13
fully enclosed space or locker accessible only to the owner
or user of the bicycle, which protects the bicycle from
inclement weather. Specific facilities and location (e.g.,
provision of racks, lockers, or locked room) shall be to the
satisfaction of the City.
113. Non -Residential development of 1o0,000 square feet
or more shall comply with Sections 22.78.030 B.1 and B.2
above, and shall provide all of the following measures to
the satisfaction of the City:
"(a) A safe and convenient zone in which vanpool
and carpool vehicles may deliver or board their passengers.
"(b) Sidewalks or other designated pathways
following direct and safe routes from the external
pedestrian circulation system to each building in the
development.
"(c) If determined necessary by the City to
mitigate the project impact, bus stop improvements must be
provided. The City will consult with the local bus service
providers in determining appropriate improvements. When
locating bus stops and/or planning building entrances,
entrances must be designed to provide safe and efficient
access to nearby transit stations/stops.
"(d) Safe and convenient access from the external
circulation system to bicycle parking facilities onsite.
14
"Section 22.78.040. MONITORING
"The City shall ensure compliance with the measures
required by this Chapter during project implementation. The
project applicant shall demonstrate compliance with each
measure in a written report submitted to the City prior to
the issuance of building permit and show compliance prior to
issuance of certificate of occupancy. As applicable,
applicants may be required to provide periodic reports
regarding compliance with such measures.
"Section 22.78.050. PENALTIES FOR VIOLATION OF CHAPTER
"It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or to
fail to comply with any of the requirements of this Chapter.
Any person, firm, partnership or corporation violating any
provisions of this Chapter or failing to comply with any of
its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00), or by
imprisonment not exceeding six (6) months, or by both such
fine and imprisonment. Each and every person, firm,
partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion
thereof during which any violation of any of the provisions
of this Chapter is committed, continued or permitted by such
person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Chapter.
15
"Section 22.78.060. CIVIL REMEDIES AVAILABLE
"The violation of any of the provisions of this Chapter
shall constitute a nuisance and may be abated by the City
through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
"Section 22.78.070. SEVERABILITY
"The City Council declares that, should any provision,
section, paragaraph, sentence or word of this Chapter be
rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Chapter shall remain
in full force and effect."
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. 89-6B.
ADOPTED AND APPROVED this day of
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 , 1993, and
was finally adopted at a regular meeting of the City Council of
the City of Diamond Bar held on the day of ,
1993, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of
Diamond Bar
C\1011\ORDADD22.78\DB 6.6.1 17
JAMES L. MARKMAN
ANDREW V. ARCZYNSKI
RALPH D. HANSON
JEFFREY KING
D. CRAIG FOX
WILLIAM P. CURLEY EEI
MARSHA G.SLOUGH
JULIA A. KEMP
PAMELA P. KING
HERIBERTO E DIAZ
BONNIE BAILEY -JONES
J64maw,, yt7� ' ��/jCa�ne O?v & jr/r Ov
ODYA�. &A7 ' NUMBER ONE CIVIC CENTER CIRCLE
P.O. BOX 1059
BREA, CALIFORNIA 92622-IOS9
(714) 990-0901
TELEPHONE
�(310) 691-3811
March 4, 1993
Lynda Burgess, CMC
City Clerk
City of Diamond Bar
21660 East Copley Dr., Ste 100
Diamond Bar, California 91765
Re: Revised Ordinance
Dear Lynda:
9113 FOOTHILL BOULEVARD
SUITE 200
RANCHO CUCAMONGA, CALIFORNIA 91730
1( 9091 980-2742
TELEPHONE
(909) 381-0218
IN REPLY PLEASE REFER TO:
Brea
Enclosed herewith please find the revised ordinance
pertaining to Trip Reduction and Travel Demand Measures in the
City of Diamond Bar pursuant to Council direction.
Please feel free to contact the undersigned should
you have any questions or comments.
Very truly yours,
Andrew V. Arc zynski
City Attorney
City of Diamond Bar
AVA:clf
C\1011\LBURGESS\DB 6.6.1
Enclosure
City of Diamond Bar
Meeting Agenda For
March 16, 1993
1. CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
INVOCATION:
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER,
Mayor Pro Tem Papen, Mayor Miller
3. PUBLIC COMMENTS:
4. COUNCIL COMMENTS:
03/10/93
Page: 1
5. CONSENT CALENDAR:
5.1 SCHEDULE OF FUTURE EVENTS:
5.1.1 PLANNING COMMISSION - MARCH 22, 1993 - 7:00 P.M.,
AQMD Auditorium, 21865 E. Copley Dr.
5.1.2 PARKS & RECREATION COMMISSION - MARCH 25, 1993 -
AQMD Hearing Room, 21865 E. Copley Dr.
5.1.3 CITY COUNCIL MEETING - APRIL 6, 1993 - 6:00 P.M.,
AQMD Auditorium, 21865 E. Copley Dr.
5.2 APPROVAL OF MINUTES OF CITY COUNCIL MEETING OF
March 2, 1993.
5.3 WARRANT REGISTER APPROVE WARRANT REGISTER
dated March 16, 1993 in the amount of $
5.4 TREASURER'S REPORT - RECEIVE & FILE TREASURER'S
Report for the Month of February, 1993.
5.5 PARKS & RECREATION COMMISSION MINUTES -
Regular Meeting of January 28, 1993 - Receive & file.
5.6 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, TO ACCEPT 1) THE
VACATION OF A SEWER EASEMENT AND 2) THE OFFERING OF A
RELOCATED SEWER EASEMENT LOCATED AT 3302 SOUTH DIAMOND BAR
BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE
RESOLUTION/EASEMENT DEED -
Recommended Action:
5.7 TRANSFER OF BANKING SERVICES FROM SECURITY PACIFIC
NATIONAL BANK/BANK OF AMERICA TO FIRST INTERSTATE BANK.
City of Diamond Bar
Meeting Agenda For
March 16, 1993
03/10/93
Page: 2
5.7.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY CO
UNCIL OF THE CITY OF DIAMOND BAR AUTHORIZNG A
CONTRACT FOR DEPOSIT OF MONIES WITH FIRST INTERSTATE
BANK.
5.7.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY CO
UNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE USE
OF CITY CREDIT CARDS FOR DESIGNATEDOALnJ
6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES
ETC.0
6.1 PROCLAIMING APRIL, 1993 A "FAIR HOUSING MONTH"
. ---L- PFJ
7. OLD BUSINESS:
7.1 COMMISSION APPOINTMENTS -
Planning Commission - Michael Li; Parks & Recreation -
David Schey; and Traffic & Transportation - Diana Cheng.
Recommended Action:
.2 POLICY FOR FUNDING TRAFFIC SIGN T PRIVATE
& PUBLI TR T INTERSECTI - Contin m October 20,
1992.
" recommended Action:
iecoEmmended
. 93 A RESOLUT THE CITY
E C TY OF IAMOND AR EST SH " GHT-TURN
D AMOND B B RELQ N F A
SPRINGS ROAD -
ction:
7.4 LANDSCAPE MEDIANS ON GOLDEN SPRINGS -
Recommended Action:
7.5 AGREEMENT FOR LEGAL SERVICES FOR SPECIAL
LITIGATION - Agreement with Rutan & Tucker for the
Litigation of Diamond Bar Associates v City of Diamond Bar.
Recommended Action:
7.6 ORDINANCE NO. 01 (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER
22.78 TO TITLE 22 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED BY REFERENCE PERTAINING TO TRIP
REDUCTION AND TRAVEL DEMAND MEASURES - First reading AgW
held March 2, 1993,
Recommended Action: Approve 2nd reading by title only and
waive full reading and adopt Ordinance No. 01 (1993)...
City of Diamond Bar Meeting Agenda For
March 16, 1993
03/10/93
Page: 3
8. NEW BUSINESS
8.
PROPOSED CHANGp,NKING SERVICES - in services
n the Ci i.nco orated in April 89 g
ere est fished wit the Grand d D' and Bar ra ch of
e urit ' is Nati nal D to the recen rging
f Sec i Pa if is an an k of ica, f ha
x er'en se ral d' cul with acc un .
e o ded Act' n: Authori a staff ever nk' g
el 'ons w th S c rity Pa fi /Bank f eri an n er
i a bank'g co ract th th Dia and Ba at a of
n
First Inters ate k thorizi s aff to open
necessary ch k' g and business c d accounts.
8.2 ORDINANCE NO. XX (1993): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ....GRAFFITI IN THE CITY
OF DIAMOND BAR ...6
Recommended Action:
9. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER
AS MATTERS CAN BE HEARD.
9.1 VESTING TENTATIVE TRACT NO. 50519, DEVELOPMENT
REVIEW NO. 91-2 AND ZONE CHANGE NO. 91-3 - A request for a
34 -unit condominium subdivision on a 2.33 acre site located
northeast of the corner of Golden Springs Dr. and Torito
Ln. Additionally, the applicant requests architectural and
site plan review for the townhouse development, a Zone
Change From C-1 (Restricted Business Zone) to R-3 (Limited
Multiple Residence Zone.
Recommended Action: Open the Public Hearing, receive
public testimony and....
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. , �-
TO: Honorable Mayor and Members of the City Council
MEETING DATE: March 16, 1993 REPORT DATE: March 11, 1993
FROM: City Manager
TITLE: An Ordinance of the City Council of the City of Diamond Bar relating to the prevention and
removal of graffiti and other inscribed material and establishing the payment of a reward for
information leading to the conviction of graffiti inscribers.
SUMMARY: Graffiti on public and private property has been a source of urban blight for decades. However,
in recent years it has taken on a startling new intensity, with bands of youths, commonly known
as "taggers," competing with one another to see who can do the most damage and gain the most
notoriety. Unfortunately, virtually no place or thing is sacred to a tagging crew and as the
problem escalates governmental agencies are seemingly less able to curb the surge in graffiti
vandalism, much to the frustration of the public. The proposed Ordinance is designed to reduce
the incidents of vandalism and represents a comprehensive three -pronged approach to the
prevention and removal of graffiti within the City of Diamond Bar.
RECOMMENDATION: It is the recommendation of the City Council's Graffiti Subcommittee that the City
Council approve Ordinance No._ (1993) relating to the prevention and removal of graffiti and other inscribed
material and establishing the payment of a reward for information leading to the conviction of graffiti inscribers
within the City of Diamond Bar.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Specification (on file in City Clerk's Office)
X Ordinances(s)
_ Agreement(s)
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? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
R�VIEWED B
errence L. Belanger
City Manager
Tro . Butzla
AssigWt to the &ty ager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 11, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: An Ordinance of the City Council of the City of Diamond Bar
relating to the prevention and removal of graffiti and other
inscribed material and establishing the payment of a reward
for information leading to the conviction of graffiti
inscribers.
ISSUE STATEMENT:
Graffiti is not a victimless crime and costs cities thousands of dollars each
year to eradicate. To combat the graffiti plague, the California Government
Code has empowered cities to enact ordinances relating to the prevention and
abatement of graffiti, as well as the use of public funds for the removal of
graffiti or other inscribed material upon public or privately owned
structures located within their jurisdiction.
RECOMMENDATION:
It is the recommendation of the City Council's Graffiti Subcommittee that the
City Council approve Ordinance No. (1993) relating to the prevention and
removal of graffiti and other inscribed material and establishing the payment
of a reward for information leading to the conviction of graffiti inscribers
within the City of Diamond Bar.
FINANCIAL SUMMARY:
There are no known fiscal impacts.
BACKGROUND:
Graffiti on public and private property has been a source of urban blight for
decades. However, in recent years it has taken on a startling new intensity,
with bands of youths, commonly known as "taggers," competing with one another
to see who can do the most damage and gain the most notoriety.
Unfortunately, virtually no place or thing is sacred to a tagging crew and as
the problem escalates governmental agencies are seemingly less able to curb
the surge in graffiti vandalism, much to the frustration of the public.
The war against graffiti vandalism is draining public resources at an
alarming rate and it comes at a time when local governments are struggling -
and even being forced to cut services -- to make ends meet. Last year,
cities in the Inland Valley spent an estimated $983,086 to remove, repair or
replace property damaged bygraffiti. According to some estimates, local
cities will spend almost $1.3 million dollars this year to abate graffiti.
Although this amount may seem significant, it doesn't even include the
personnel or administrative costs to local government or law enforcement
agencies, nor does it take into account the costs incurred by the private
sector in combating the graffiti plague.
The City of Diamond Bar paid $12,277.00 in Fiscal Year 1990-1991 to the Boys
and Girls Club of San Gabriel Valley to remove graffiti and other inscribed
material from about 323 locations throughout the City. In comparison, there
were 546 occurrences of graffiti reported in Fiscal Year 1991-92 at a total
abatement cost of $17,190. In the past three months alone, the City has paid
almost $17,000 for graffiti removal. At this rate the City could spend as
much as $65,000 this year, which is an increase of 73% over the preceding
fiscal year's cost, to eradicate graffiti.
Although the City's graffiti problem is not as severe as other communities in
the East San Gabriel Valley, it continues to escalate each year. To combat
the increasing surge of graffiti incidents and to prevent additional acts of
vandalism, the City Council established a Graffiti Subcommittee to evaluate
various strategies or approaches that could be used to address the graffiti
problem. The Subcommittee, which is comprised of Mayor Pro Tem Papen,
Councilman MacBride, City staff, and representatives from the Los Angeles
County Sheriff's Department, has held several meetings to discuss the City's
graffiti problem and has drafted a proposed ordinance establishing a
comprehensive and proactive approach to reducing acts the graffiti vandalism.
DISCUSSION:
The State of California has given cities broad authority to adopt ordinances
pertaining to the prevention and removal of graffiti. Specifically, Section
53069.3 of the California Government Code authorizes the City to enact
ordinances to provide for the use of public funds to remove graffiti from
public and private property. While the use of public funds to remove
graffiti benefits the entire community, it provides no incentive to private
property owners to deal directly with the problem and formulate their own
ideas, solutions, and mitigation measures to avoid being victimized time and
time again. Moreover, with the current economic recession and resulting
reduction in public resources, the perpetual provision of free and unlimited
removal of graffiti from private property, as the City's sole response to
this kind of malicious behavior, is no longer an effective deterrent to the
escalation in graffiti vandalism and is not a cost effective use of public
funds.
As a result of the increased occurrence and awareness of the graffiti problem
within the City, the City Council's Graffiti Subcommittee has concentrated on
the development of a graffiti removal strategy and the preparation of an
innovative and comprehensive ordinance to attack the problem at the source.
The proposed ordinance represents a three -pronged approach to the prevention
and removal of graffiti and is organized into the following areas:
prevention; removal; and penalties for violation of this ordinance.
PREVENTION
At the end of the 1981 legislative session, legislation was passed that made
access to spray paint, a major tool in the war against graffiti, more
difficult to obtain. Specifically, California Penal Code Section 594.1 (a)
through (f) makes it unlawful for any person to sell or give to any
individual under the age of eighteen (18) years, who is not accompanied by a
parent or legal guardian, any aerosol container of paint or other liquid
substance capable of being used to deface property.
Recently, the State Supreme Court granted cities more power to combat
graffiti by upholding a City of Los Angeles ordinance requiring retailers of
graffiti implements to keep, store and maintain in an inaccessible location
any implement capable of defacing, damaging or destroying property. The
State high court held that the State Legislature, in enacting a State law
aimed at curbing graffiti, did not intend to preempt more restrictive local
ordinances from being adopted.
The proposed Ordinance regulates the sale of graffiti implements to any
person under the age of eighteen (18) years, who is not accompanied by a
parent or legal guardian. In addition, the Ordinance requires retailers of
graffiti implements to keep, store and maintain any implement capable of
being used to deface property in a secure location, and otherwise
inaccessible except by special request. Failure on the part of any retailer
to abide to the provisions established by this Ordinance could result in the
imposition of penalties including fine, imprisonment or both.
Perhaps the most significant way to prevent graffiti from occurring is to
prohibit the possession of graffiti implements by minors. The proposed
Ordinance makes it unlawful for any person under the age of eighteen (18)
years and not in the presence of a parent or legal guardian to have in his or
her possession a graffiti implement while in any public park, playground,
swimming pool, public recreational facility or any public right-of-way in the
City unless such an implement is necessary in order to participate in any
City sponsored function.
Finally, the proposed Ordinance encourages residents, businesses, and
contractors of services to help in the arrest of individuals responsible for
inscribing graffiti on property by providing for the payment of a reward for
information leading to the apprehension and conviction of any person who
willfully places graffiti or other inscribed material upon public or
privately owned property within the City. The amount of the reward is set by
resolution and is awarded by the City Council on a case-by-case basis
depending on the type of information provided, its usefulness to law
enforcement, and whether the information provided leads to the arrest and
conviction of the individual responsible for inscribing graffiti.
REMOVAL
Besides being unlawful for any person to apply graffiti to any public or
privately owned structure located on public or privately owned real property
within the City, the proposed Ordinance strengthens the City's ability to
abate graffiti in a more timely manner by making it illegal for any owner,
lessee, occupant or other person having present possession of a lot or parcel
of land within the City to (1) permit graffiti to remain upon such lot or
parcel of land or (2) to maintain any structure affixed to such lot or parcel
or land with graffiti on such structure or any portion thereof, for a period
in excess of seven (7) calendar days.
In the past, the City has provided unlimited graffiti removal service to
property owners. since this service provides no incentive to private
property owners to deal directly with the problem and costs the City ten of
thousands of dollars, the Subcommittee felt that the removal of graffiti or
other inscribed material from privately owned real property should be limited
to four (4) requests or a maximum of 600 square feet per privately owned real
property per calendar year.
Under the proposed Ordinance, graffiti which is located on privately owned
structures on privately owned real property within the City and which can be
viewed by a person utilizing any public right-of-way within the City may be
removed by the City at the owner's expense as a public nuisance under the
following circumstances:
(a) The private property owner has persuaded, allowed or
encouraged the graffiti problem; and
(b) The private property owner's consent- cannuL Ae OALGi liicai.
(c) It has been determined that the removal of graffiti or other
inscribed material from a privately owned property has
exceeded four (4) requests or a maximum of 600 square feet per
privately owned real property during one (1) calendar year.
If the City is required to remove graffiti from private property, the City
may be able to recover the costs for abatement, pursuant to California
Government Code Section 38773, through the assessment of a lien against the
property.
PENALTIES
The establishment of austere penalties for persons responsible for inscribing
graffiti upon public and private property can be an effective deterrent to
the graffiti problem. In drafting the proposed Ordinance, the Subcommittee
felt that any person who willfully damages property by inscribing graffiti
should know that their acts would have direct personal consequences which
could include the payment of fines and restitution for damages, imprisonment,
court mandated community service, and the suspension and/or delay of driving
privileges.
In addition to any penalties levied by the City, Section 594 of the
California Penal Code states that "every person who maliciously (1) defaces
with paint or any other liquid, (2) damages or (3) destroys any real or
personal property not his own, in cases otherwise than those specified by
State law, is guilty of vandalism" and upon conviction thereof shall be
punished by imprisonment in the state prison or in a county jail for a period
not to exceed one (1) year, or by a fine of Five Thousand Dollars
($5,000.00), but no more than Fifty Thousand Dollars ($50,000.00) depending
upon the severity and the amount of defacement, damage or destruction to
property, or by both such fine and imprisonment.
State law also provides for the performance of community service time for
persons convicted of vandalism. Although the authority to require community
service time ultimately rests with the court, the City will take a proactive
approach and petition the sentencing court to impose, pursuant to Section
640.6 of the California Penal Code and Section 728 of the Welfare and
Institutions Code, on any adult or minor convicted of vandalism, as defined
by Section 594(a) (1) of the California Penal Code, community service time
cleaning up, removing, and repairing property damaged by graffiti.
In addition to the imposition of fines and community service time, California
Vehicle Code Section 13202.6 grants the court the authority to suspend
existing driving privileges or delay the issuance of driving privileges for
each person aged 13 to 21 convicted of violating any State law or local
ordinance pertaining to vandalism of property with a graffiti implement. As
a general procedure for any minor arrested and convicted of vandalism, the
City will petition the sentencing court to suspend and/or delay driving
privileges.
Finally, it is the City's intent to advise parents and legal guardians of
their involvement in, and responsibility for, payment of civil damages, in an
amount not to exceed Ten Thousand Dollars ($10,000), resulting from the
willful misconduct of a minor in their charge. Under this Ordinance, the
City will take all action necessary to recover its costs for abatement, as
well as pursue any civil remedies that may be available to the City under
provisions of applicable ordinances or State law.
CONCLUSION:
Staff has reviewed over a dozen different graffiti ordinances that have been
adopted by other public agencies and believes that the proposed ordinance
represents an innovative and cost effective approach to solving the graffiti
problem in the City. Moreover, because this Ordinance integrates prevention
and removal of graffiti with severe penalties for committing
acts of
that
vandalism, it should serve as a formidable deterrent to any person
maliciously defaces, damages or destroys property with a graffiti implement
within the City of Diamond Bar.
PREPARED BY:
r�
Troy Butz l ff
Assist t to t e ty Manager
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: March 16, 1993 REPORT DATE: March 8, 1993
FROM: James DeStefano, Community Development Director
TITLE: Vesting Tentative Tract Map No. 50519, Zone Change No. 91-1, and Development Review No. 91-2
SUMMARY: The applicant is requesting approval to subdivide a 2.3 acre site into 34 individual ownership
lots/units and three (3) common lots, to change the zone classification from C-1 (Restricted Business) to Zone
R -3-(15)U (Limited Multiple Residence) and to obtain design review of the architecture, exterior treatments,
and site plan of the proposed development.
RECOMMENDATION:
The Planning Commission recommends that the City Council approve the applications listed in the title of this
report via the attached Resolutions of Approval for the Subdivision and Development Review applications and
Ordinance No. 93 -XX for the Zone Change application.
LIST OF ATTACHMENTS X Staff Report
X Resolution(s)
X Ordinances(s)
_ Agreement(s)
Other
EXTERNAL DISTRIBUTION: NONE
SUBMITTAL CHECKLIST:
Public Hearing Notification
Bid Specification (on file in City Clerk's Office)
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REVIEWED BY:
errence L. Belanger Jam DeStefano
Assistant City Manager Community Develop
Yes No
MAJORITY
X Yes No
Yes X No
Yes X No
Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: March 16, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Vesting Tentative Tract Map No. 50519, Zone Change No. 91-1, and Development
Review No. 91-2.
ISSUE STATEMENT:
The applicant is requesting approval to subdivide a 2.3 acre site into 34 individual
ownership lots/units and three (3) common lots, to change the zone classification from
C-1 (Restricted Business) to Zone R -3-(15)U (Limited Multiple Residence) and to obtain
design review of the architecture, exterior treatments, and site plan of the proposed
development.
RECOMMENDATION:
The Planning Commission recommends
listed in the title of this report via
Subdivision and Development Review
Zone Change application.
FINANCIAL SUMMARY: N/A
BACKGROUND:
that the City Council approve the applications
the attached Resolutions of Approval for the
applications and Ordinance No. 93 -XX for the
The applicant presented a proposed 80 unit senior citizen condominium project in a series of public hearings
dating back to November 25, 1991 and concluding before the Planning Commission on June 22, 1992. In the
intervening period, the General Plan was approved by the City Council. The General Plan land use category
placed on this site is Medium Density Residential (RM) 16 units/acre.
Because of issues raised during those hearings, the applicant revised the project in order to bring it into
conformance with the General Plan. As a result, the project was revised to 36 units (16 units per acre) and
the design was altered. Subsequent to the Commission's review of the revised project and issues related to the
architecture, internal circulation, and parking, the project has once again been revised to the current 34 unit
market rate project.
The project requires discretionary approvals as prescribed in the Los Angeles County Code as adopted by th.
City of Diamond Bar. The discretionary approvals allow the City to determine the appropriateness and
compatibility of the requested land use as it relates to adjacent uses and the goals of the City.
As submitted, the applicant is requesting approval of applications for a zone change and development review,
and in addition to approval of a vesting tentative tract map. The application requests are consistent with the
General Plan. In particular, the zone change would bring the site into consistency with the land use designation
(RM) as identified in the General Plan Advisory Committee (GPAC) and the Planning Commission
recommendations as adopted by the City Council. The maximum density allowed is 16 units per acre and the
proposed project is designed with a 14.59 units per acre.
The City Attorney has reviewed the application and deemed the project to be eligible for consideration by the
Planning Commission and the City Council. This project is exempt from the prohibitions of Ordinance No.
4 (1992) since the project is not located within a hillside area or an ecologically sensitive area (SEA) and is
consistent with the contemplated General Plan.
DISCUSSION:
The site is currently graded and devoid of any significant vegetation or structures. Most recently, the site was
the location of a vacated 10,000 sq. ft. building. The building, which housed the Diamond Bar Postal Office,
was demolished by the applicant to remove the potential health and safety hazards the vacant structures
presented.
The site runs generally to the east from Golden Springs Drive to Torito Lane. The extreme southern portion
of the corner lot is a separate parcel which is developed with a commercial retail center. Multi -family
residential condominiums are developed to the north of the subject site and a single family residential
subdivision is located to the northwest. The Vons Center abuts the proposed subdivision and takes access, via
Torito Lane, to Golden Springs Drive. Directly south and west across Torito Lane, professional office
buildings and a vacant lot comprise the existing setting. A church is located to the east across Golden Springs
Drive.
Land Use:
Over the two year evolution of this project, the most prominent issues identified for consideration include but
are not limited to the following: 1) Is a residential development appropriate in light of the limited commercial
space the City possesses? 2) Does the multi -family development represent an appropriate land use as a buffer
between commercial and professional office uses and adjacent residential development at this location? 3) Is
the character of the development consistent with existing multi -family development and if not, is it a direction
the City wishes to see multi -family development to proceed.
From the esoteric planning principles, land uses of comparable intensity and density are best located adjacent
to each other. The surrounding land uses of this particular site are varied in use, density and intensity.
Retail commercial (C-2 Neighborhood Commercial) uses are located south and west of the subject site.
Professional office uses are located to the southwest as is a vacant parcel of land. Abutting the subject site to
the east is high density (30 units per acre) multi -family residential development. Directly north of the site there
is a high density single family residential subdivision.
2
The configuration and location of this site does not lend itself well to retail commercial uses and, if developed
for commercial uses, would most likely be developed as a professional office. That type of project could
potentially be a two floor development with a maximum lot coverage of 90 percent. The traffic generated by
a commercial project may exceed the traffic generation of a residential development at peak hours depending
on the composition of land uses.
Multi -family Projects in Diamond Bar
Multi -family residential development is usually perceived to be an appropriate transition from low intensity
retail and office development to single and low density residential development. The proposed project would
provide a buffer between residential and commercial uses.
Review of other comparable multi -family developments within the City revealed that the development with the
highest density abuts this site. The complex was initially constructed as an apartment complex and subsequently
received a condominium conversion approval from the County. The density for the development is
approximately 30 units per acre.
The Montefino condominiums are developed at a density of approximately 6.7 units per acre. The units are
multi -story townhouses and no units are constructed over any other unit. The Cambridge Hills condominiums
which are located on North Diamond Bar Blvd. and overlook the Orange Freeway, display a density of almost
9 units per acre. The Diamond Brothers condominium project located on Grand Ave. is developed with 54
units on 4.5 gross acres which yields a density of 12 units per acre.
After consideration of the proposed project within this framework and in compliance with the General Plan,
the Planning Commission approved the concept of multi -family development on this site and moved forward
in the review of the particulars of the project.
Zone Change:
The zone change application requests that the current C-1 zone (Restricted Business Zone) classification be
revised to a R -3-(15)U zone (Unlimited Multiple Residence Zone) classification which will bring the site into
compliance with the General Plan land use designation.
The General Plan land use designation of RM (Medium Density Residential) provides for a maximum density
of 16 units per acre. As designed, this project conforms with the approved maximum density of 14.7 units per
acre and (15)U reflects the proposed density.
Vesting Tentative Tract Map/Land Use:
A tentative tract map is required by the Subdivision Map Act (Chapter 2 Section 66427) for condominium
projects. This requirement is necessitated because of the ownership of individual units and the ownership of
common areas by the Home Owners Association (HOA). The boundaries and legal descriptions for units and
common areas are explicitly described within the tract map. For this project, based on the design, it is
necessary to delineate lots and units by surface and air space limits.
The project configuration has undergone numerous revisions in an attempt to comply with the Planning
Commission's concerns related to visual impacts/aesthetics, circulation, and density. Additionally the project
has evolved to conform to the City's development standards, staff concerns, and Los Angeles County Fire
Department requirements. The applicant has attempted to design the multi -structure project on an odd "L"
shaped lot that exhibits frontages on two streets (Golden Springs and Torito Lane) with ingress and egress from
only one street, Torito Lane.
The project is designed as an (8) building 34 unit condominium project. The site is located on a 2.3 acre site
northeast of the intersection of Golden Springs Drive and Torito Lane. The parcel is surrounded by residential
development to the east and north and by commercial and office uses to the north, south, and west.
Development Review
The design of this project differs greatly from projects previously proposed for this site. The buildings are
designed as two floor townhouses with bedrooms on the upper floor and the kitchen, two car garage and
additional living area comprising the ground floor. Each unit will be self contained and no public laundry
facilities are proposed as a part of this project. The habitable area of each unit totals approximately 1,300 sq.
ft. and a 440 sq. ft. garage area. Additionally, each unit will feature a 310 sq. ft. private enclosed patio.
The architecture of the currently proposed project has been revised dramatically. Previously, a Spanish style
of architecture and a Country/Ranch theme had been proposed but the current design lends itself to more of
a contemporary multi -family design theme. The exterior materials include a beige stucco trimmed with desert
tan, accent colors and wood colored fascia. An Espana composite shingle roof will be incorporated into the
project and as will forest green iron work and ceramic tiles. The ceramic tiles will be placed over the cornices
of the top floor windows.
The front elevation of the buildings features a roof which is broken into different elevations and heights. The
roof line is additionally broken up by dormers which project out over the windows on the front elevation.
Secondary accent colors and cornices are designed around the windows and successfully add character and
depth to the design. The side elevations are designed with louvered vents and windows trimmed with wood
corbels and bands to add architectural features to reduce the potential massiveness of the elevation.
The entries to the units feature a vaulted doorway comprised by a standard sized door topped with multi -pane
windows. The remaining portion of the frontage unit is designed with a 4 ft. high garden wall which creates
the private patio for each unit. Along this front elevation, the iron work is incorporated to accent the design.
The overall height of these buildings will not exceed 26 feet above grade. The existing commercial
development to the southwest of the project will not be substantially impacted by the proposed structures as
the adjacent pad is located approximately 12 to 15 feet above the proposed project. The existing building is
a two story structure and obtains a height of approximately 30 feet above grade. Additionally, the commercial
offices directly to the west of the site are oriented in -a manner that reduces the potential for negative visual
impacts, as the views enjoyed are not oriented to the subject site.
The condominium project located to the west of the subject site is.constructed on a site which closely follows
the topography of the project site. The building which abuts the site is separated by a 7 feet block wall. The
building is two floors in height and is oriented away from the proposed project. The views that would result
from the proposed project include the rear elevation and landscaping. Staff would recommend a superficial
upgrade to the existing block wall to include stucco and heavy landscaping.
The two existing residences located north of the project are located approximately 10 feet below the elevation
of the proposed project. Previously, a resident had stated that privacy was an issue because of the proximity
of the buildings to the residences and the excessive heights. With the relocation of the building footprint to
the south, the reduction of approximately 15 feet from the overall height (of the 80 unit design), the addition
of architectural features, and the incorporation of the appropriate landscaping along the perimeter, the applicant
4
has attempted to address this concern. There were no responses from the public at the Planning Commission
hearing related to the height or location of the project after the current location was proposed.
Parking/Circulation
The parking for this project is provided based on a ratio of two parking space per unit for residents and one
(1) parking space per every four units for visitors. A total of 68 covered parking spaces are provided in the
lower level garages designed for each unit and an additional 18 guest parking spaces are distributed throughout
the project. The visitor parking has been distributed more liberally throughout the project.
The internal circulation within the project has been improved by the redesign of the project and the deletion
of the parking structure. The driveway aisles are in compliance with the Los Angeles County Fire
Department's requirement for 26 feet of unobstructed access.
The project is designed with loop system circulation with two (2) points of ingress/egress to Torito Lane. No
vehicular access to Golden Springs Drive is available. No secured access to the site has been designed as a
part of the proposed project because of the use of individually secured garages. Visitor parking will not
however, enjoy the same luxury of security.
Review of the site plan does indicate that the location of mail boxes will have to be revised. Currently, the
site plan indicates that the mail boxes are to be situated at each point of ingress and egress. Staff identified
the lack of appropriate stacking area and resultant congestion possibly created on Torito Lane as a result of the
design. Staff recommends the mail boxes be relocated to an interior location.
Trash enclosures have been increased in number and spaced more equitably throughout the site. The enclosures
do not appear to offer undue hazards for either pedestrians or for the refuse haulers. No resident will be more
than 90 ft. from one of the enclosures and two of the three enclosures offer a well lighted environment. The
remaining enclosure will require the same lighting as the others.
Open Space/Landscaping
Landscaping and open space provided for the complex is primarily located on the perimeter of the development.
The Golden Springs Drive frontage is designed with a setback of approximately 22 ft. from the back of the
curb. This area is landscaped with turf and bushes and will be separated from the sidewalk by a 5 ft. privacy
wall. Additionally, there is a stairway from the sidewalk to the project's parkway.
The northeastern portion of the site will be the location of the active open space/recreation area designated for
children's unspecified use. A spa is proposed in the courtyard surrounded by buildings III, IV, VI, and VII
which ties into the system of walkways throughout the project.
The landscape plan indicates a diverse mix of ground covers and trees. The Golden Springs Dr. elevation
exhibits a large number of plants but the sizes are deficient. The predominate size of the trees are 15 gallon.
These trees are observed from a major thoroughfare within the City and should present an immediate
appearance of maturity. The size and quantity of the landscaping should be revised to reflect this concern.
Conclusion
The Planning Commission has reviewed the information and supports the concept of the project as submitted.
There are specific issues that arose during the previous public hearings on this project that have been addressed
by this redesigned project. The applicant has reworked the project with sensitivity to the following:
architecture, materials, and colors; providing landscape and irrigation plans; the number and location of trash
enclosures; on-site lighting; and distribution of the visitor parking.
Staff has reviewed the project, with these issues at the forefront, has found the project to adequately address
most of these areas. The sole exception that is apparent on upon review is a deficiency in the size and quantity
of the landscaping proposed.
The project is in compliance with the General Plan land use category, RM, and is below the maximum density
of 16 units per acre allowed. The project is much less intrusive to surrounding land uses than the previous
submissions and provides an adequate transitional use between the commercial and high density development
and the residential uses located to the north.
Public Notice
This project was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on February
17, 1993. Property owners (97) within a 500 feet radius of the property were also notified of the public
hearing by mail.
Environmental Determination:
A Mitigated Negative Declaration has been prepared for this project.
Recommendation:
Planning Commission recommends that the City Council approve the applications before them via the attached
Resolutions of Approval and Ordinance 93 -XX.
PREPARED BY:
Robert Searcy. Associate Planner
i
F:\WP51\WOMROB\CROWCC.FRM
2
ATTACHMENTS:
Negative Declaration and Environmental Support Information
Planning Commission Minutes
Development Review Resolution of Approval with conditions
Vesting Tentative Tract Map Resolution of Approval with conditions
Zone Change Ordinance No. 93 -XX
Draft Conditions, Covenants, and Restrictions (CC&R's)
Vesting Tentative Tract Map No. 50519
Site Plan, Elevations, and Preliminary Landscape Plans
Land Use Map
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
BAR, CALIFORNIA APPROVING DEVELOPMENT REVIEW NO. 91-2,
FOR THE DEVELOPMENT OF A 34 UNIT CONDOMINIUM COMPLEX ON
A 2.3 ACRE SITE LOCATED AT 23575 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. Diamond Development Company, 1700
Fullerton, California, has heretofore filed an
approval of Development Review as described in the �-
Resolution. Hereinafter in this Resolution, c
Development Review application shall be referred to �
cation". l- \
2. On April 18, 1989, the City of Di
established as a duly organized municipal corporation of the State
of California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and 22, the
City Council of the City of Diamond Bar adopted its Ordinance No.
14, thereby adopting the Los Angeles County Code as the ordinances
of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications, in-
cluding the subject application, within the City of Diamond Bar.
3. The City of Diamond Bar lacks an operative General
Plan. Pursuant to the order issued by the Los Angeles County
Superior Court, action was taken on the subject application as to
the consistency with the General Plan, pursuant to the terms and
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
4. On March 16, 1993 the City Council of the City of
Diamond Bar conducted a duly noticed public hearing on the appli-
cation and concluded said public hearing on that date.
5. All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City
Council of the City of Diamond Bar as follows:
1. This City Council specifically finds that all of the facts
CCDR91-2.RES 1
set forth in the Recitals, Part A, of this Resolution are
true and correct.
2. The City Council specifically finds that the initial study
prepared and reviewed by the City of Diamond Bar and a
Negative Declaration has been prepared for this project in
compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
and further said Negative Declaration reflects the
independent judgement of the City of Diamond Bar.
3. The Council specifically finds and determines that, having
considered the record as a whole, including the findings set
forth below, and changes and alterations which have been
incorporated into and conditioned upon the proposed project
set forth in the application, there is no evidence before
this Council that the project proposed herein will have the
potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon
substantial evidence, this Council rebuts the presumption of
adverse effects contained in Section 753.5(d) of Title 14 of
the California Code of Regulations. Notwithstanding any
previous Subsection of this Resolution, if the Department of
Fish and Game,requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code, payment thereof shall be
made by the applicant prior to the issuance of any building
permit or any other entitlement.
4. Based on the substantial evidence presented to the City
Council during the above -referenced public hearing opened on
March 16, 1993 and concluded on that date, including written
and oral staff reports, together with public testimony, and
in conformance with Ordinance No. 4 (1992) of the City
Diamond Bar, hereby specifically finds as follows:
(a) The application applies to property located
at 23575 Golden Springs Drive, Diamond Bar
with a gross area of 2.33 acres and is zoned
C-1 (Restricted Commercial).
(b) Properties to the east and south are devel-
oped with single family residences, to the
north the site is developed with a multi-
family complex and the sites to the west are
partially developed by commercial development
and single family residential home.
(c) The applicant's request is for architectural
and site plan review of the project to
construct a 34 unit condominium complex.
CCDR91-2.RES 2
(d) The subject property has graded and currently
is a vacant undeveloped parcel.
(e) The site is sufficient in size and can pro-
vide adequate ingress and egress to allow
multiple family development in character with
surrounding current land uses.
(f) The subject site lies within the Diamond Bar
General Plan Medium Density Residential (RM)
land use designation. The current zoning of
the site is not consistent with the land use
designation.
(g) Notification of the public hearing for this
project has been made in made in the San
Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers on February 17,
1993. Notification of the property owners
within a 500 foot radius was mailed on
February 24, 1993.
(h) The design and layout of the proposed devel-
opment will not unreasonably interfere with
the use and enjoyment of the neighboring ex-
isting and future developments, and will not
create traffic or pedestrians hazards;
(i) The architectural design of the proposed
condominium complex is compatible with the
character of the surrounding development and
will maintain the harmonious, orderly, and
attractive development contemplated by this
Chapter and the contemplated General Plan of
the City;
(j) The design of the proposed development would
provide a desirable environment for its occu-
pants and visiting public as well as its
neighbors through good aesthetic use of
materials, texture and color that will remain
aesthetically appealing and will retain a
reasonably adequate level of maintenance.
(k) The proposed use will not be detrimental to
the public health, safety or welfare or be
materially injurious to the properties or im-
provements in the vicinity.
(1) This application was approved by the Planning
Commission of the City of Diamond Bar on
February 8, 1993 at the conclusion of the
CCDR91-2.RES 3
public hearing.
5. Based on the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this City Council approves the
application subject to the following restrictions as to use:
Planning Department
(1) This permit shall not be effective for any purpose until
a duly authorized representative of the owner of the
property involved has filed at the office of Planning
Division of the Community Development Department the
Affidavit of Acceptance and accepts all the conditions
of this development review.
(2) That the applicant must comply with all federal, state,
Zone R -3-(15)U, Public Works and Community Development
Department's requirements, and that all grading,
drainage plans and wall plans shall conform to all City
standards or as amended by this action and shown on the
approved plans;
(3) That three copies of the elevations, site plan,
irrigation plan, and landscape plan, similar to that
presented at the public hearing and marked Exhibit "A"
and conforming to such of the following conditions as
can shown on a plan, shall be submitted for approval of
the Community Development Director. All construction
materials must comply with the materials board approved
by the City Council marked as Exhibit "A-1". The
property shall thereafter be developed and maintained in
substantial conformance with the approved plans.
(4) Drought tolerant landscaping shall be incorporated where
possible on the landscape plan. All landscaping shall
be installed prior to issuance of the certificate of
occupancy.
(5) No construction shall occur within the setbacks as
delineated on the approved site plan.
(6) Street trees with year round foliage shall be planted
along western elevation of Golden Springs Drive per the
approved landscape plans (refer to above listed
condition No. 3).
(7) All exterior lights above wall height be shielded and be
directed away from adjacent development;
(8) Trash enclosures and the location of the mail boxes
shall be located shall be located to the satisfaction of
the Community Development Director and the Public Works
CCDR91-2.RES
Director and illustrated on the .approved site plan.
(9) The project shall comply with all State and local
ordinances for noise level standards.
.10 (10) All air conditioning units shall be ground mounted and
screened from street level view by each unit's privacy
wall.
(11) The applicant shall satisfy the Park Obligation by
contributing land acreage or the in -lieu fee to the
City prior to recordation of the final map per code
section 21.24.340.
(12) Notwithstanding any previous Subsection of this
Resolution, if the Department of Fish and Game requires
payment of a fee pursuant to Section 711.4 of the Fish
and Game Code, payment thereof shall be made by the
applicant prior to the issuance of any building permit
or any other entitlement.
(13) Conditions, covenants, and restrictions (CC&R's) shall
be provided to the Community Development Director and
the City attorney for review and approval prior to
recordation of the final map. A Homeowners Association
(HOA) shall be created and responsibilities thereof
shall be delineated within said CC&R's.
(14) A clause shall be incorporated into the CC&R's which
requires disputes involving interpretation or
application of the agreement (between private parties),
to be referred to a neutral third party mediation
service (name of service may be included) prior to any
party initiating litigation in a court of competent
jurisdiction. The cost of such mediation shall be borne
equally by the parties. A Homeowners Association (HOA)
shall created and responsibilities thereof shall be
delineated within said CC&R's, such as maintenance of
common areas.
(15) All walls open to the public from outside the project
shall be textured in earth tones and shall additionally
be covered with ivy or other similar vegetation.
(16) The property shall be maintained in a condition which is
free of debris both during and after the construction,
addition, or implementation of the entitlements granted
herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction, shall be
done only by the property owner, applicant or by a duly
permitted waste contractor who has been authorized by
the City to provide collection, transportation, and
CCDR91-2.RES 5
disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the
waste contractor utilized has obtained permits from the
City of Diamond Bar to provide such services.
(17) The applicant
shall submit
a development
program and
schedule to the City prior to recordation
of the final
map and all
amendments to
said schedule
shall be
submitted to
the Community
Development
Director for
approval.
(18) The outside
storage of
recreational
vehicles is
prohibited.
(19) The separation between building No. 3 and No. 4 shall be
designed to the maximum extent possible.
(20) The following conditions shall apply to the common lots
and the recreational lots:
a. Open space areas and common lots shall be shown on
the site plan and tract map and shall be:
1. Conveyed as a mandatory fractional undivided
interest to each purchaser, or
2. Conveyed to a Homeowners Association charged
with the operation and maintenance of such
common areas for the benefit of all owners,
or
b. Open space areas shall be maintained in a manner
satisfactory to the Community Development
Director;
C. Use all recreational areas shall be restricted to
owner -tenants and their guests;
(21) No signs are approved as a part of this approval. All
signs must be submitted to the City under separate
application and must comply with all standards in effect
at the time of application.
(22) This grant is valid for one year and must be exercised
(i.e. construction started) within that period or this
grant will expire. A one year extension may be
requested in writing and submitted to the City 30 days
prior to the expiration date.
CCDR91-2.RES 6
PUBLIC WORKS DEPARTMENT
(1) Applicant shall contribute $12,500 toward additional
signal phasing requirements at Diamond Bar Blvd. and
Golden Springs Drive based on additional traffic
generated from the proposed development.
(2) Contribute towards the street overlay of Torito Lane in
the amount of $40,000 or complete the work as approved
by the City Engineer. If any required public
improvements have not been completed by the developer
and accepted by the City prior to the approval of the
final map, the developer shall enter into a subdivision
agreement with the City and shall post the appropriate
security.
(3) No internal on -street parking is permitted within the
development based on the street width being allowed and
the internal streets shall be designated as private
streets.
(4) The street section for the internal streets shall be
shown on the tentative and final map.
(5) The applicant shall guarantee the installation of a
traffic signal at the intersection of Torito Lane and
Golden Springs by posting a bond in the amount of
$120,000 for a period of three years from date of
approval. The bond is to be released and or reduced by
any other contributions received by the City should a
traffic signal be warranted during the period.
(6) Handicap ramps shall be installed at the corner of the
Torito Lane and Golden Springs Drive to the City's
specification.
(7) The site plan shall depict all on-site street and safety
lighting to the satisfaction of the Public Works
Director.
(8) The applicant shall obtain approval by County Sanitation
on the location of the structures affecting County
Sanitation easements and submit written evidence to the
City prior to issuance of a grading permit.
(9) The applicant shall comply with all other standard
conditions of approval unless referenced and amended
herein as in attachment "A-111.
FIRE DEPARTMENT REQUIREMENT
CCDR91-2.RES 7
(1) Provide water mains, f ire hydrants, and f ire f lows as
required by the County Forester and Fire Warden for all
land shown on the map to be recorded.
(2) Provide Fire Department and City approved street signs
and building address numbers prior to occupancy.
(3) Fire Department access shall be extended to within 150
feet distance of any portion of structure to be built.
(4) Access shall comply with Section 10.207 of the Fire Code
which requires all weather access. All weather access
may require paving.
(5) The private driveways shall be indicated on the final
map as "Fire Lane" and shall be maintained in accordance
with the Los Angeles County Fire Code.
(6) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(7) Private driveway/fire lane shall be 26 feet clear to sky
width. All buildings shall be less than 3 stories and
less than 35 feet high.
(8) The required fire flow for public fire hydrants at this
location is 2,500 gallons per minute at 20 psi for a
duration of 2 hours, over and above maximum daily
domestic demand.
(9) The required on-site fire flow for private on-site
hydrants is 2,500 gallons per minute at 20 psi. Each
private on-site hydrant must be capable of flowing 2,500
gallons per minute at 20 psi with any two hydrants
flowing simultaneously.
(10) Fire hydrant requirements as follows: 3 existing fire
hydrants. Existing private on-site Fire hydrants.
(11) All hydrants shall measure 6" x 4" x 2-1/2" brass or
bronze, conforming to current AWWA standard C503 or
approved equal. All hydrants shall be installed a
minimum of 25 feet from a structure or protected by a
two (2) hour fire wall.
(12) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
CCDR91-2.RES 8
(13) Additional on-site hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(14) Additional on-site hydrants may be required during the
building permit process.
6. The City Council hereby provides notice to the applicants
that the time within which judicial review of this Resolution
must be sought is governed by the provisions of the
California Code of Civil Procedures Section 1094.6.
7. The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Reso-
lution, to Ron Crowley of Diamond Development
Company at the address as set forth on the
application.
APPROVED AND ADOPTED THIS THE 16TH DAY OF MARCH, 1993 BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
MAYOR
I, Lynda Burgess, City Clerk of The City of Diamond Bar, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the City Council held on the
16th day of March, 1993, by the following vote:
AYES: [COUNCIL MEMBERS:]
NOES: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
ABSTAIN: [COUNCIL MEMBERS:]
ATTEST:
Lynda Burgess, City Clerk
DR91-2.RES
CCDR91-2.RES Cl
C �J
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA APPROVING VESTING TENTATIVE TRACT MAP
NO. 50519 FOR THE SUBDIVISION OF A 2.3 ACRE SITE INTO 3
COMMON LOTS AND 34 CONDOMINIUMS LOCATED AT 23575 GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Diamond Development Company, 1700 Raintree Road,
Fullerton, California, has heretofore filed an application for
approval of a Vesting Tentative Tract Map No. 50519 as described
in the title of this Resolution. Hereinafter in this Resolution,
the subject Vesting Tentative Tract Map No. 50519 application
shall be referred to as "the application".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and 22, the
City Council of the City of Diamond Bar adopted its Ordinance No.
14, thereby adopting the Los Angeles County Code as the ordinances
of the City of Diamond Bar. Title 21 and 22 of the Los Angeles
County Code contains the Development Code of the County of Los
Angeles now currently applicable to development applications, in-
cluding the subject application, within the City of Diamond Bar.
3. The City of Diamond Bar lacks an operative General
Plan. Pursuant to the order issued by the Los Angeles County
Superior Court, action was taken on the subject application as to
the consistency with the General Plan, pursuant to the terms and
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
4. On March 16, 1993, the City Council of the City of
Diamond Bar conducted a duly noticed public hearing on the appli-
cation and concluded said public hearing on that date.
5. All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City
Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the
VTM50519 1
facts set forth in the Recitals, Part A, of this Resolution
are true and correct.
2. The Council hereby finds that the initial study prepared and
reviewed by the City of Diamond Bar and a Negative
Declaration has been prepared for this project in compliance
with the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder and
further said Negative Declaration reflects the independent
judgement of the City of Diamond Bar.
3. The Council hereby specifically finds and determines that,
having considered the record as a whole including the
findings set forth below, and changes and alterations which
have been incorporated into and conditioned upon the proposed
project set forth in the application, there is no evidence
before this Council that the project proposed herein will
have the potential of an adverse effect on wild life
resources or the habitat upon which the wildlife depends.
Based upon substantial evidence, this Council hereby rebuts
the presumption of adverse effects contained in Section
753.5(d) of Title 14 of the California Code of Regulations.
Notwithstanding any previous Subsection of this Resolution,
if the Department of Fish and Game requires payment of a fee
pursuant to Section 711.4 of the Fish and Game Code, payment
thereof shall be made by the applicant prior to the issuance
of .any building permit or any other entitlement.
4. Based on the substantial evidence presented to the City
Council during the above -referenced public hearing opened on
March 16, 1993 and concluded on that date, including written
and oral staff reports, together with public testimony, and
in conformance with Ordinance No. 4 (1992) of the City
Diamond Bar, hereby specifically finds as follows:
(a) The application applies to property located
at 23575 Golden Springs Drive, Diamond Bar
with a gross area of 2.3 acres and is
currently zoned C-1 (Restricted Commercial)
but in conformance with the General Plan land
designation of RM (Medium Density Residential
16 du/ac), the applicant is requesting a zone
change to R -3-(15)U.
(b) Properties to the east and south are devel-
oped with single family residences, to the
north the site is developed with a multi-
family complex and the sites to the west are
partially developed by commercial development
and single family residential home.
(c) The applicant's request is for approval of a
VTM50519 2
vesting tentative tract map, zone change,
site plan architectural review via
development review to develop and construct a
34 unit condominium complex.
(d) The subject property has been graded and
currently is a vacant undeveloped parcel.
(e) The site is sufficient in size and can pro-
vide adequate ingress and egress to allow
multiple family development in character with
surrounding current land uses.
(f) Public notice and resident notification of
the public hearing for this project has been
made in conformance with state law.
(g) The design and layout of the proposed devel-
opment will not unreasonably interfere with
the use and enjoyment of the neighboring ex-
isting and future developments, and will not
create traffic or pedestrians hazards;
(h) The subject site lies within the Diamond Bar
General Plan Medium Density Residential (RM)
land use designation. The current zoning of
the site is not consistent with the land use
designation.
(i) The design of the proposed development would
provide a desirable environment for its occu-
pants and visiting public as well as its
neighbors because the design and layout of
the project provides a safe and aesthetically
pleasing environment.
(j) The proposed use will not be detrimental to
the public health, safety or welfare or be
materially injurious to the properties or im-
provements in the vicinity because the
development will improve the vacant site and
remove deleterious and illegal dumping and
improve the maintenance of the site.
(k) The subdivision proposed in the application
is consistent with the General Plan and plan
for land use.
(1) There is little or no probability that the
subdivision of said real property, as
proposed in the application will be a
substantial detriment to, and interfere with,
VTM50519 3
the implementation of the General Plan for
the area surrounding the project of the site;
and
(m) The application, as proposed will and
conditioned herein, complies with all other"
applicable requirements of state and local
ordinances.
(n) This application was approved by the Planning
Commission of the City of Diamond Bar on
February 8, 1993 at the conclusion of the
public hearing.
5. Based on the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this City Council hereby recommends
approval of the application subject to the following
restrictions as to use:
Planning Department Requirements
(1) This permit shall not be effective for any purpose until
a duly authorized representative of the owner of the
property involved has filed at the office of Planning
Division of the Community Development Department the
Affidavit of Acceptance and accepts all the conditions
of this permit;
(2) That all requirements of the Zoning Ordinance and of the
underlying zoning of the subject property must be
complied with, unless set forth in the permit or shown
on the approved plan;
(3) That three copies of the Vesting Tentative Tract Map No.
50519 similar to that presented at the public hearing
and marked Exhibit "A" and conforming to such of the
following conditions as can shown on a plan, shall be
submitted to the Community Development Director.
(4) The applicant shall satisfy the Park Obligation by
contributing land acreage or the in -lieu fee to the
City prior to recordation of the final map per code
section 21.24.340.
(5) Notwithstanding any previous Subsection of this
Resolution, if the Department of Fish and Game requires
payment of a fee pursuant to Section 711.4 of the Fish
and Game Code, payment thereof shall be made by the
applicant prior to the issuance of any building permit
or any other entitlement.
(6) Conditions, covenants, and restrictions (CC&R's) shall
VTM50519 4
be provided to the Community Development Direc
the City attorney for review and approval pi
recordation of the final map. A Homeowners Assoc
(HOA) shall created and responsibilities thereof
be delineated within said CC&R's.
(7) A clause shall be incorporated into the CC&R's w.
requires disputes involving interpretation
application of the agreement (between private parties
to be referred to a neutral third party mediati
service (name of service may be included) prior to ax.
party initiating litigation in a court of competen
jurisdiction. The cost of such mediation shall be borne
equally by the parties. A Homeowners Association (HOA)
shall created and responsibilities thereof shall be
delineated within said CC&R's, such as maintenance of
common areas.
PUBLIC WORKS DEPARTMENT
(1) Applicant shall contribute $12,500 toward additional
signal phasing requirements at Diamond Bar Blvd. and
Golden Springs Drive based on additional traffic
generated from the proposed development.
(2) Contribute towards the street overlay of Torito Lane in
the amount of $40,000 or complete the work as approved
by the City Engineer. If any required public
improvements have not been completed by the developer
and accepted by the City prior to the approval of the
final map, the developer shall enter into a subdivision
agreement with the City and shall post the appropriate
security.
(3) No internal on -street parking is permitted within the
development based on the street width being allowed and
the internal streets shall be designated as private
streets.
(4) The street section for the internal streets shall be
shown on the tentative and final map.
(5) The applicant shall guarantee the installation of a
traffic signal at the intersection of Torito Lane and
Golden Springs by posting a bond in the amount of
$120,000 for a period of three years from date of
approval. The bond is to be released and or reduced by
any other contributions received by the City should a
traffic signal be warranted during the period.
(6) Handicap ramps shall be installed at the corner of the
Torito Lane and Golden Springs Drive to the City's
VTM50519 5
specification.
(7) The site plan shall depict all on-site street and safety
lighting to the satisfaction of the Public Works
Director.
(8) The applicant shall obtain approval by County Sanitation
on the location of the structures affecting County
Sanitation easements and submit written evidence to the
City prior to issuance of a grading permit.
(9) The applicant shall comply with all other standard
conditions of approval unless referenced and amended
herein as in attachment "A-111.
FIRE DEPARTMENT REQUIREMENT
(1) Provide water mains, fire hydrants, and fire flows as
required by the County Forester and Fire Warden for all
land shown on the map to be recorded.
(2) Provide Fire Department and City approved street signs
and building address numbers prior to occupancy.
(3) Fire Department access shall be extended to within 150
feet distance of any portion of structure to be built.
(4) Access shall comply with Section 10.207 of the Fire Code
which requires all weather access. All weather access
may require paving.
(5) The private driveways shall be indicated on the final
map as "Fire Lane" and shall be maintained in accordance
with the Los Angeles County Fire Code.
(6) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(7) Private driveway/fire lane shall be 26 feet clear to sky
width. All buildings shall be less than 3 stories and
less than 35 feet high.
(8) The required fire flow for public fire hydrants at this
location is 2,500 gallons per minute at 20 psi for a
duration of 2 hours, over and above maximum daily
domestic demand.
(9) The required on-site fire flow for private on-site
hydrants is 2,500 gallons per minute at 20 psi. Each
private on-site hydrant must be capable of flowing 2,500
VTM50519 6
gallons per minute at 20 psi with any two hydrants
flowing simultaneously.
(10) Fire hydrant requirements as follows: 3 existing fire
hydrants. Existing private on-site Fire hydrants.
(11) All hydrants shall measure 6" x 4" x 2-1/2" brass or
bronze, conforming to current AWWA standard C503 or
approved equal. All hydrants shall be installed a
minimum of 25 feet from a structure or protected by a
two (2) hour fire wall.
(12) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(13) Additional on-site hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout.
construction.
(14) Additional on-site hydrants may be required during the
building permit process.
6. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution,
to Ron Crowley of Diamond Development Company at the
address as set forth on the application.
APPROVED AND ADOPTED THIS THE 16TH DAY OF MARCH, 1993 BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
MAYOR
I, Lynda Burgess, City Clerk of The City of Diamond Bar, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the City Council held on the
16th day of March, 1993, by the following vote:
VTM50519 7
AYES: [COUNCIL MEMBERS:]
NOES: [COUNCIL MEMBERS:]
ABSENT: [COUNCIL MEMBERS:]
ABSTAIN: [COUNCIL MEMBERS:]
ATTEST:
Lynda Burgess, City Clerk
TT50519.RES
VTM50519 8
ORDINANCE NO.XX (1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY,
HEREIN DESCRIBED, FROM THE C-1 (RESTRICTED COMMERCIAL)
ZONE TO THE R -3-(15)U (LIMITED MULTIPLE RESIDENCE, 15
UNITS MAXIMUM PER GROSS ACRE) ZONE. (ZONE CHANGE NO. 91-
1) .
A. Recitals.
(i) Diamond Development Company, 1700 Raintree Road,
Fullerton, California, has heretofore filed an
application to amend the official zoning map of the
City of Diamond Bar, reclassifying certain real
property, described as recorded in the Office of
the County Recorder of Los Angeles County as
Parcels 2 and 3 of Parcel Map No. 2888 as per map
filed in Book 42 Page 11 of Parcel Maps and
generally located at the 23575 Golden Springs Drive
(Said "real property" hereinafter in this
Ordinance).
Attached hereto, marked Exhibit "All and by this
reference incorporated herein, is a proposed
official zoning map amending the official zoning
map of the City of Diamond Bar by reclassifying
said real property from Restricted Commercial (C-1)
zone to Limited Multiple Residence (R -3-(15)U)
zone, as proposed by the applicant.
On April 18, 1989, the City of Diamond Bar was
established as a duly organized Municipal
Corporation of the State of California. On said
date, pursuant to the requirements of California
Government Code Section 57376, the City Council of
the City of Diamond Bar adopted its Ordinance No.
14 thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 22
of the Los Angeles County Code (as subsequently
amended by Ordinance Nos. 15 and 15A of the City of
Diamond Bar) contains the Development Code of the
County of Los Angeles, now currently applicable to
development applications (including the subject
application) within the City of Diamond Bar.
(iv) The City of Diamond Bar lacks an operative General
Plan. Pursuant to the order issued by the Los
Angeles County Superior Court, action was taken on
the subject application as to the consistency with
the General Plan, pursuant to the terms and
provisions of Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On November 25, 1991, the Planning Commission of
the City of Diamond Bar conducted a duly noticed
public hearing with respect to the subject
application and concluded said hearing on February
8, 1993.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
Section 1. In all respects as set forth in the Recitals,
Part A, of this Ordinance.
Section 2. The City Council specifically finds that the
initial study prepared and reviewed by the City of Diamond Bar
and a Negative Declaration has been prepared for this project
in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
and further said Negative Declaration reflects the independent
judgement of the City of Diamond Bar.
Section 3. The City Council hereby finds that a negative
declaration has been prepared with respect to the project
identified in this Resolution and, further, that said negative
declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and
the guidelines promulgated thereunder. Further, this Council
has reviewed and considered the information contained in said
negative declaration.
Section 4. The City Council hereby specifically finds
and determines that, based upon the findings set forth
herein -below, and changes and alterations which have been
incorporated into and conditioned upon the proposed project,
no significant environmental effects will occur.
Section 5. The City Council finds that the facts
supporting the above specified findings are set forth in the
negative declaration, the staff report and exhibits appended
thereto, and the information provided to this City Council
during the public hearing conducted with respect to the
project and the negative declaration.
Section 6. The Official Zoning Map of the City of
Diamond Bar hereby is amended to reclassify that certain real
property, hereinabove described, from the C-1 (Restricted
Commercial) zone to R -3-(15)U (Limited Multiple Residence, 15
Units Maximum Per Gross Acre), all as set forth in the
Official Zoning map attached hereto as Exhibit A and by this
reference incorporated herein.
Section 7. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be published as
required by law.
ADOPTED AND APPROVED this 16th day of March, 1993.
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 16th day of March and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the 16th day of March ,
1993, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
`h °0 7n
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ORDINANCE NO.XX (1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
DIAMOND BAR BY RECLASSIFYING CERTAIN REAL PROPERTY,
HEREIN DESCRIBED, FROM THE C-1 (RESTRICTED COMMERCIAL)
ZONE TO THE R -3-(15)U (LIMITED MULTIPLE RESIDENCE, 15
UNITS MAXIMUM PER GROSS ACRE) ZONE. (ZONE CHANGE NO. 91-
1) .
A. Recitals.
(i) Diamond Development Company, 1700 Raintree Road,
Fullerton, California, has heretofore filed an
application to amend the official zoning map of the
City of Diamond Bar, reclassifying certain real
property, described as recorded in the Office of
the County Recorder of Los Angeles County as
Parcels 2 and 3 of Parcel Map No. 2888 as per map
filed in Book 42 Page 11 of Parcel Maps and
generally located at the 23575 Golden Springs Drive
(Said "real property" hereinafter in this
Ordinance).
Attached hereto, marked Exhibit "All and by this
reference incorporated herein, is a proposed
official zoning map amending the official zoning
map of the City of Diamond Bar by reclassifying
said real property from Restricted Commercial (C-1)
zone to Limited Multiple Residence (R -3-(15)U)
zone, as proposed by the applicant.
On April 18, 1989, the City of Diamond Bar was
established as a duly organized Municipal
Corporation of the State of California. On said
date, pursuant to the requirements of California
Government Code Section 57376, the City Council of
the City of Diamond Bar adopted its Ordinance No.
14 thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 22
of the Los Angeles County Code (as subsequently
amended by Ordinance Nos. 15 and 15A of the City of
Diamond Bar) contains the Development Code of the
County of Los Angeles, now currently applicable to
development applications (including the subject
application) within the City of Diamond Bar.
(iv) The City of Diamond Bar lacks an operative General
Plan. Pursuant to the order issued by the Los
Angeles County Superior Court, action was taken on
the subject application as to the consistency with
the General Plan, pursuant to the terms and
provisions of Ordinance No. 4 (1992) of the City of
Diamond Bar.
(iv) On November 25, 1991, the Planning Commission of
the City of Diamond Bar conducted a duly noticed
public hearing with respect to the subject
application and concluded said hearing on February
8, 1993.
(v) All legal prerequisites to the adoption of this
Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does ordain as follows:
Section 1. In all respects as set forth in the Recitals,
Part A, of this Ordinance.
Section 2. The City Council specifically finds that the
initial study prepared and reviewed by the City of Diamond Bar
and a Negative Declaration has been prepared for this project
in compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
and further said Negative Declaration reflects the independent
judgement of the City of Diamond Bar.
Section 3. The City Council hereby finds that a negative
declaration has been prepared with respect to the project
identified in this Resolution and, further, that said negative
declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and
the guidelines promulgated thereunder. Further, this Council
has reviewed and considered the information contained in said
negative declaration.
Section 4. The City Council hereby specifically finds
and determines that, based upon the findings set forth
herein -below, and changes and alterations which have been
incorporated into and conditioned upon the proposed project,
no significant environmental effects will occur.
Section 5. The City Council finds that the facts
supporting the above specified findings are set forth in the
negative declaration, the staff report and exhibits appended
thereto, and the information provided to this City Council
during the public hearing conducted with respect to the
project, and the negative declaration.
Section 6. The Official Zoning Map of the City of
Diamond Bar hereby is amended to reclassify that certain real
property, hereinabove described, from the C-1 (Restricted
Commercial) zone to R-3-(15)U (Limited Multiple Residence, 15
Units Maximum Per Gross Acre), all as set forth in the
Official Zoning map attached hereto as Exhibit A and by this
reference incorporated herein.
Section 7. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be published as
required by law.
ADOPTED AND APPROVED this 16th day of March, 1993.
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 16th day of March and was
finally passed at a regular meeting of the City Council of the
City of Diamond Bar held on the 16th day of March ,
1993, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
ATTEST:
City Clerk of the
City of Diamond Bar
l`
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SEE MAP 1'7 H
NEGATIVE DECLARATION
XI:�\1" \ • , �(1)� I "� I��l:�'1:L(�)1"�I1�:�"I
Ill : ' lil : `\ (t �•� % (t) V' 1: (' i [ .. \ (.
Applicant: Diamond Development Company
1700 Raintree Road
Fullerton, CA 92635
Proposal: A request to subdivide a 2.3 acre site into 34
individual ownership lots/units and three (3)
common lots, to change the zone classification from
C-1 (Restricted Business) to Zone R-3 (Limited
Multiple Residence) and to enter into a Development
Agreement with the City.
Location: 23575 Golden Springs
The site is located in the north central portion of
the City. The site is surrounded by development
which includes professional office, general retail
commercial, multi -family condominiums, and single
family residential. Golden Springs Dr., designated
as a secondary roadway in the General Plan, is the
primary arterial serving the site from Torito Lane,
a cul-de-sac. The project site is located less
than 1,000 ft. from the intersection of Golden
Springs Dr. and Diamond Bar Blvd., which is
currently operating at a "C" LOS.
Environmental Findings: The proposed project, as determined by
the Planning Commission of the City of Diamond Bar,
will not have a significant effect on the
environment. This conclusion is based on the
attached environmental checklist.
Negative Declaration
All eyes" and "possibly" answers and mitigation measures.
1. Earth. (a,b,c,e)
Explanation•
The subject property has had the previously existing structures
demolished and removed from the site. Subsequent to the removal of
the debris, soils reports identified that an uncertified fill had
been placed on the site and will require remediation by compaction
in compliance with an approved grading plan prior to construction.
During the grading phase of construction, there may be erosion
related to windblown fugitive particulates or water erosion.
Mitigation Measures:
All soil remediation will be done in compliance with the soils
report, approved grading plans and the requirements of the Public
Works Department. During the grading phase the site will be
required to be watered down to reduce the occurrence of blowing
soil and landscaping will be required to be planted and maintained
on the site at the earliest opportunity that construction will
allow. Additionally, an erosion control plan will be required if
grading will not be completed prior to the rainy season.
2. Air. (c)
Explanation:
The project may contribute to the overall alteration in the
temperature of the region but not substantially.
Mitigation Measures:
The project will be required to incorporate expansive landscaping
throughout the project and to use muted non -reflective colors where
possible.
3. Water. (b)
Explanation•
There will be an increase in non -permeable surfaces as a result of
the construction of the project thus decreasing the absorption
rates.
Mitigation Measures:
The project will require the placement of a drainage system and
connection into the existing municipal facilities.
P%
4. Plant Life. (a,d)
Explanation•
The project will require the removal the existing non-native
vegetation currently existing on-site. No unique or endangered
plant species have been identified on-site. The preliminary
landscape plan proposes non-native vegetation in quantities in
excess of current the distribution. The newly introduced species
will not be a barrier to the replenishment of the existing species
as the existing vegetation is not present in adequate numbers to
replenish the site.
Mitigation Measures:
A final landscape plan will be approved by the /community
Development Director prior to the issuance of a building permit.
All landscaping will be compatible with the character of the
existing landscaping of surrounding development.
6. Noise. (a)
Explanation•
During the construction phase, construction equipment may increase
the ambient noise levels.
Mitigation Measures:
The project will be required to comply with existing City
requirements which restrict hours of construction during weekdays
and weekends.
7. Light and Glare. (a)
Explanation•
The project will produce light and glare on a site which is
currently vacant. The project will introduce additional light
sources into the area of the project that are required for safety
and security reasons.
Mitigation Measures:
Landscaping, orientation, and timers will be used to control light
spillage from the project site and to limit the duration of use of
the light sources.
3
8. Land Use. (a)
Explanation•
The development of the proposed project will result in a
substantial land use alteration of site's current vacant condition
although the project is in compliance with the General Plan.
Mitigation Measures:
Require that the project be developed in compliance with the land
use classification as designated within the General Plan.
9. Natural Resources. (a)
Explanation:
There will be an increase in the use of water and there may be
increase in the consumption of gas as a result of the proposed
project.
Mitigation Measures:
The proposed project will be required to comply with the Walnut
Valley Water District and City requirements concerning the use of
water conserving toilet equipment, the use of recycled water for
landscaping and the use of drought tolerant plants, and compliance
with Building Code energy conserving requirements.
11. Population. (a)
Explanation:
This project may increase the density within the City by attracting
the population from outside the community. The project will
increase the density of the population in the area of the project
by providing housing opportunities where none have existed before.
Mitiaation:
Ensure that development density and intensity is in compliance with
the General Plan and is compatible with adjacent existing and
proposed future development.
13. Transportation/Circulation. (a,b,c,d,f)
Explanation•
The project may increase vehicular movements to a significant
degree and impact the existing LOS of the intersection of Diamond
Bar Blvd. and Golden Springs Drive. The project will create the
4
demand for the additional parking spaces as a result of
development. The introduction of additional vehicular movements
and pedestrians into the area of the project will increase the
potential for traffic hazards.
Mitigation Measures:
The project will be developed with the traffic mitigation measures
deemed appropriate by the Director of Public Works. The design of
the project will be such that all parking necessary for the project
will be located on-site thus relieving the demand for on -street
parking, which will be prohibited.
14. Public Services. (1,2,3,4,5,6)
Explanation:
This project will create demands for public services directly
related to the number of new residents which will relocate to this
site.
Mitiaation Measures:
The applicant will be required to contribute all impact fees which
will address the impacts associated with demands on public
services.
19. Recreation. (a)
Explanation•
The residential project may draw residents from outside the City or
redistribute the existing population from inside the City thereby
potentially placing impacts on existing recreational facilities.
Mitigation Measures:
The project will be developed with as much on-site recreation as
the site will allow and the project will be required to contribute
to the City Park Fund.
12-92/VILLA34.DEC
E
a
1. Background:
1. Name of.AppGcant:
2. Address and P,4=
1ji20
2 `t"
qf+3
3. Narne, Address an(
21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 91765-4177
714-860-2489 - FAX 714-861-3117
-D,AvkatJ
umber of Pr000nerrt: ,^
ntact:
4.•Date•of Environmental Information Submittal:
S. Date of Env' nmentai Checklist Submittal:
IQ;O " 9-
7. Name of Propos d a plicable ( Trot N if Subdivision):
&WS VU. CS
��•-r-M 6x5 l r -t -
8_ Belated A �plicatipns (under the authprity of this environmental determination):
y
Yes No
Variancs:
Candlt[onal Usa Permit:
Zona Change:
General Pian Amendment:
(Attach Completed Environmental Wormaflon Foran)
City of Diamond BariaitW Study Form
?7.. . �- Pale 2
IL Environmental Impacts:
(1=xpianations and additional Information to supplement all "yes" and "posslbiy" answers are required to be
submitted on attached sheets) Yes No Possibly
1. Earth. Will the proposal result In:
a. Unstable earth conditions or changes in geologic substructures?
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change in topography or ground surface relief features?
d. The destruction, covering or modification of any unique geologic.or physical feature?
e. Arty increase in wind or water erosion of soils, either on or off the site?
f. Changes in deposition,
pperosion of stream banks or land adjacent to standing water,
the channel of
connsstant or es in siltation,
trmittently flowing Water osition or ras well as the areasrocesses which asurroumodify
ding permanent
or intemirttent standing water'?
g.. Exposur$ of people or property to geologic hazards such s earthquakes, landslides,
mudsfides, ground failure, or similar hazards?
2 Alr. Will the proposal result In:
a. Substantial air emissions or deterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement,"..moisture, or temperature, or any changes in ctirnate,
either locally or regionally?
3. Water. Will the proposal result In:
a_ Changes in currents or the course or direction dwater movements?
b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run off?
c. Alterations of the course or flow of flood waters?
d. Changes in the amount of surface waterin any body of water?
e. Discharge into surface waters, or in any .alteration of surface water quality including but
not limited to dissolved oxygen and turbidity? -
f. Alteration of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct additions or withdrawals,
or through interception of an aquifer by cuts or excavations?
h- Substantial reduction in the amount of water otherwise available for public water supplies?
1. Exposure of people or property to water related hazards such as flooding?
GtyofDiamond Bar Initial Study Form
Page 3
4. Plant Life. V1fll1 the proposal result In:
a. Change In the diversity of species, or number of any species of plants (including trees,
shrubs, grass, crops, and aquatic pfants)?
b. Reduction in the numbers of any unique rare or endangered species of plants?
c. Reduction in the size of sensitive habitat areas or plant communities which are recognized
as sensitive?
d. Introduction of new species of plants into an area, or in a barrier to the normal
replenishment of existing,species?
e. Reduction in acreage of any agricultural crop?
.i
5. Animal 1.Ife. Will the proposal result in:
a Change: in the diversity of species, or number of any- species of animals (birds, land
animals including reptiles, fish and shellfish, benthic organisms and insects)?
b. Reduction in the numbers of any unique rare or endangered species of animals?
c. introduction of new species of animals into an area, or in a barrier to the normal migration
or movement of resident species?
d. Reduction in size or deterioration in quality of existing fish or wildlife habitat?
Yes No Possibly
6. Noise. Will the proposal result In:
a_ Significant increases in existing noise levels? —�
b_ Exposure of people to severe noise levels
7. Light and Glare. WIII the proposal result In:
a. Significani new light and glare or contribute significantly to exis'dng levels of light and glare?
8. Land Use. Will the proposal result In:
a. A substantial alteration of the present or planned land use in an area?
9. Natural Rewurces. will the proposal result in: /
a. An increase in the rate of use of any natural resources? -
10. Risk of Upset. Will the proposal Involve:
a_ A risk of an explosion or the release of hazardous substances (including but not limited
to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition?----
b. Probabie interference with an emergency response plan or an emergency evacuation plan? -----
F;Dr
City of Diamond Barinldd S td p� {
y • I
t 1
t-
liw �ACGrt"1r1i
11. Population. Will the.proposal: elation of an area?
a. Alter the location, distribution, density, or growth rate of the human pop
12. Housing. Will the proposal affect:
a Existing housing, or create a -demand for additional housing? --
13. TransportatlonlCIrcuIation. Wiil the proposal result in:
a-Generatibn of :Substantial additional vehicular movement?
f parking facilities or demand for new parking? —�
b. Effects on exisbrrg p 9 .
c. Substantial impact on existing transpo
station systems?
d. Alterations 'to present patterns of circulation or movement of people and goods.
e. Alterations to,Aterbome, rail or air traffic?
or vehicles, bicyclists or pedestrians?
f. Increase in traft hazards to mot _-- ---
`14. Public Servldes. Will the proposal:
a. Have an effectIupon, or result in the need for new or altered governmental services in any
of the following areas:
14Fire protection?
2. Police Rrotection?
-_i
3. Schools?
.-
4. Parks or other recreational facilities.
5. Maintenance of public facilities, including roads?
6. other governmental services?
15. Energy. Wlil the Pro o.sal result In:
P . re --
a. Use of substantial amounts of fuel or energy?
b. Substantial increas in demand upon existing energy sources or require the development
of new sources of erlergy. -- —
16. Utlittles. M the proposal result In:
stems, or Substantial alterations to public utilities?
a. A need for new
systems, ----
M�
airy of Diamond BarinlW Study Form
Pages
Yes No Possibly
17. Human Health. WIII the proposal result In:
a. Creation of any health hazard or potential health hazard (excluding mental health)?
b- Exposure of people to potential health hazards?
18: Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view open to the public, or will the proposal result in
the creation of an aesthetically offensive site open to the public view?
19. Recreation. Will the proposal result In:
a. An impact upon the quality or quantity of existing recreational opportunities?
20. Cultural Resources. Will the proposal result In:
a_ The alteration of or the destruction of a prehistoric or historic archaeological site?
b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object?
c. A physical change which would affect unique ethnic cultural values?
d. Restrictions on existing religious or sacred uses within the potential impact area.
�.
-cly of Diamond Bar Initial Studyoor Pago m
yes No Possibly
21. Mandatory F"in4ings of Significance? of the environment,
rade the quality
a. Does the proposPd Project have the tential to deg ase a fish or
substanti ty retfut;e the habitat of a ish or wildlifeels, threaten to eliminate or
wildlife -population to drop below self susia ring reduce the number or restrict
significantly reduce a plant or animal community, important
the range of a rare or endangered plant or arnmal or prep ate '2
les of the major periods of California history or prehistory'2
-
j— �L--
b. Does the proposed project have the potential to achieve short-term, to the disadvantage
of long-term, environmental goals?
\` 4 A-
`project se impacts which are individually limited but cumulatively
c: Does tie prn?osed Po _ —
considerable -
which will cause substantial adverse
d. Does the projel;t pose environmental effects —'
effects on human;beings, either directly or indirectly?
a
III Discussion, of Environmental Evaluation:
(Attach Narrailve)
IV. Determination:
. - --- it
On the basis of this initial evaluation:
1 find that the proposed Pro'ect CO �N w will have
ePaars' n�ti�nt effect on the environment,
and a NEGATIVE DEONRA
project could have a significant effect on the environment,
find that although the iproposedrosed project.
there will not be a significant eeincorporated in� �he se mitigation measures described
an the attached sheet have b
A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED -
S,,,,
i find that the proposed project MAY have a significant effect on . environment, a
ENVIRONMENTAL IMPACT REPORT is req
Signature:
Date: /� a v1 nP�
Title: t'C
For the City of Diamond Sar, �aldomia
0
Environmental Information Form for Residential Projects
(To be completed by applicant)
General Informations
Date Filed:
Pertinent Permits/Applications:
Project Information:
:Z- / 2-,S
1. Name. Address and Phone Number of Project Sponsor:
`� � ern o N � `� ev �L o i= � t a.t'� C� , r � CtikL: F • t.... � tv� t i�� `� �- � ri �-y�.S,-� � P
Cry
2. Name. Address and Phone Number of Key Contact Person(s):
cik
ft k,4 �13-too
3. Project Address:
ilEc�iRJ_'c_ +t.i�� i-�Zoii�f<C- ct1 lWD
2-.3 S -f J C:,oLD cu SPP -i rL Cts -J+2t V A,I,IJ
3 2-0 -T-0 V t Ta v/� -N e,
4. Project Assessor's Block and Parcel Number(s):
--,)�PtA B ;Z-,5 1 C t G k; -Z)z
5. Other Identification (other recorded/map location information):
?NiZCr-L-5 Z N,,Lo '> 3- 'p. �-1 W,� ivl) lte-cv.,L7E0 tri sum -,t"Z
Ste, R.`C 'Z cl 7S N .
6-A. Does the project require any of the following actions by the City:
Variance:
Conditional Use Permit:
Zone Change:
General Plan Amendment:
YES NO
6-B. List and describe any other related standards, permits and other public
approvals relevant to this project. including those required by city. regional.
state and federal agencies: Rc�
l��P r2 -i Wylt C.N- ►ktL" 5 Q -S 0 -I
7. Land Use Designations:
Adopted General Plan Designation:
AAA
Adopted Zoning: G -i -ro g-3
Community Plan Designation:
8. Proposed Specific Use of Site:
�.)t1 � 1 Ct <`.!`1 � JI`•� 1 N l V Y"1 �,�J""�
1.-C- I
Project Description
9-A. Site Dimensions and Gross Area:
A,et'9--,3Y 1 t,,l NTN --L- 311 1- �-: j
1 V1
2-3Q5 `t�- AV t:�
9-B. Legal Description of the Project:
(attach copy to this form if necessary)
ter c -CLS 2 k�f.o 3 cn
9L P+�C•� :\!
L. _ Cc,�L,=c,. �;= SEc; ia,� 3
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10. Project Detail
Attach a separate page of descriptive data for each housing type included in this
project:
a. Number of Housing Units by type.
b. Floor Area by type (minimum, maximum. and average square footage).
C. Number of floors (stories) for each type.
d. Housing market targeted (demographic profile).
e. Estimated market sales price or estimated market rents.
f. Describe ail amenities proposed (for example, landscaping, recreation
equipment, common use facilities, trials, etc.).
g. Minimum lot size. (Net lot area, not including Right -of -Way).
h. Maximum lot size. (Net lot area, not including Right -of -Way).
I. Average lot size. (Net lot area. not including Right -of -Way).
j. Number of lots which do not meet City Standards.
11. Describe public or private utility easements, utility lines, structures
or other facilities which exist on the surface or below the surface of the
project site.
12. Associated Projects: (Projects or potential projects which are directly
related to this project, ie: potential developments which require completion of
this project ): ,�Lo"C--
13. Describe any anticipated Phasing for this project: (Number of Units & Time
Frame)
14. Attach one copy of each of the following:
a. Preliminary Soils Report
b. Preliminary Geologic Investigation.
C. Drainage Study.
d. Topographic Map highlighting any existing slopes of 25% or more.
C. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut
and each area of fill: all residential unit pads (if known), and
any areas with slopes 25`b or more.
f. Photographs showing the site from different (ie: north, south. est,
west) vantage points and photographs showing vistas (ie: north,
south. east, west) from the site.
Are the following items applicable to the proposed project or its effects?
(Discuss below all items which apply to this project: attach additional sheets
as necessary)
15. Grading:
Maximum depth of excavation: L� FC.& Maximum depth of fill: 1 Fci-7
Quantity of soil moved: i!10 C C) cubic yards.
Will there be anon site balance of cut and fill?: Yes
16. Viewshed: Describe any change in the appearance of the site resulting from
the project as proposed.
1N Ak c_�,,F�--S
le:'1 'E _Z- " -Tb ""' 'l E CZ) i-, M t: i L% T -Y . Cx kS Ti nt u, A i L P P k Drh T � ►- D I N Q S
At" wlLt i?) t Q� � � rt C Edi -6`: kr l b T V f, C I l U G)
17. Describe how the proposed project will fit into its surroundings (ie: will
the proposed project blend into and existing neighborhood? How will it relate
to the size, scale, style, and character of the existing surrounding
development?)ilkc is ZN' 't7L-%'_ C'� i-.fklri �N�i�c� Ctrii►tirZS
1A 1 e C' - i j ei ^1kJ iko NNIZ. i51.._V il. ^TA.) ZiJLocr4 'S r�l�l l��C:j fL..�T ti t ��'�"�- �IZ"'•: ;��' E-0
-Ck'a 5'& T)r cfflc� \'J�1i► a1r1CS ihkc. tAW 6'f F-t\f1-kAL_T
t� G !Rt cx,'-A o alt rl l 0 ;.ks w 1 l.- ` 4\s 4�y t L t\TU t=,V1_ i-�LA-rc 5 (T-1 3,-[
18. Describe any alteration of the existing drainage patterns, or potential
for changes in surface or ground water quality or quantity. (ie: will the flow
of any permanent or intermittent surface/subsurface water change as a result of
this project? How?: will there be any injection wells, septic systems, or other
facilities which may affect surface or subsurface water quality?)
rl0 tIL d
19. Describe any long-term noise and/or vibration which may occur as a result
of this project: (after construction will this project directly or indirectly
cause the generation of noise and or vibration greater than any that exists now?)
o-0 ab
20. Describe any residential construction proposed on filled land (ie: identify
the lot number of each structure proposed to be built of filled land).
-%Z) ;V5 i 5 f:i.--rl J aV-7 FXI 5 i t r -LG -1
ML-4-
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21. Do any significant trees exist on the project site now? Describe the
effect this project will have on them. (ie: Oak and Walnut trees are considered
significant. Describe whether the proposed project will disturb or cause removal
of any of these trees).
22. Is the project site located in a national, state, regional or locally
designated area of historical, environmental or other significance. If so
describe. (ie: is the site an area designated as a hillside management area.
significant ecological area, significant mineral resource area, etc.)
H, D
Environmental Setting:
23. Describe the environmental setting (synopsis) of the project site. This
narrative shall include a description of the soil stability. slopes, drainage,
scenic quality. plants. and animals which may exist on the site now, and any
existing structures and the existing land use of the project site.
9 -*:;.i- t1 t5 A -4I• Int t_� t�4��"1 C i t EICt 5 i i nlCr
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24. Describe the surrounding properties (synopsis). This narrative shall
include a description of the soil stability, slopes, drainage, scenic quality,
plants. and animals which may exist. Indicate the type of land use (residential.
commercial, etc.), intensity of land use (single-family, multi -family. density,
commercial. professional, etc.). and scale of development (height, frontage, set-
back. etc.) in the adjacent surrounding area. KL,l S'uRtt�u,yolrlG PSP' ;��
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Certification:
I hereby certify that the statements furnished above and in the attached exhibits
present the data and information required for initial environmental evaluation
of the proposed project. All information is to the best of my knowledge, belief
and ability to determine factual, true, correct and complete.
Date: z --S ( 01 ( Signature:ar�it:ztt°tkti27
For ; tift-+ D tv D _PfL E L Nf E i 6w
Completion of this form is required to begin review of a project. Information
within this form and the required attached materials will assist the City in
determining whether a Negative Declaration may be granted, whether a Mitigated
Negative Declaration may be granted, or whether Environmental Impact Report shall
be required.
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'�' DIAMOND BAR. CA
.y LAND USE MAP �\
BOARD OF DIRECTOR;
William G. Wentworth
?resident
'ection D,vision I
John E. Fisher
Vice President
Election Division I`/
Richard C. Engdahl
V:ce President
E!echon Division II
Keith K. Gunn
Assis'ant Treasurer
Election Divisior �
Edward N. Layton
Director
Election Division ill
STAFF:
Edmund M. Biederman
Gecerai Manager
Secretary
Norman R. Miyake
Treasurer
LEGAL COUNSEL:
H. Jess Senecal
'I ,r
WALNUT VALLEY WATER D1STRtGTV
271 South Brea Canyon Road • P.O. Box 508
Walnut California 91789-3002 • (714) 595-1268 • (818) 964-6551
FAX (714) 594-9532
December 10, 1992
City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
Attention: Anne Gardiner
Re: Tentative Tract 50519, Work Order 92-2116
The owner of the above captioned project has informed
the Walnut Valley Water District of the need to
relocate an 8 -inch water line for this project.
The District has no problem with the relocation of
this main and will develop plans for its' installation
at the developer's expense.
If you have any questions, please give me a call.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
BRYAN LEWIS
Director of Planning and Projects
BL:aan
CITY OF DIAMOND BAR
DRAFT MINUTES OF THE PLANNING COMMISSION
FEBRUARY S, 1993
CALL TO ORDER: Chairman Flamenbaum called the meeting to order at
7:14 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Vice Chairman Meyer.
ROLL CALL: Commissioners: Grothe, Li, Vice Chairman Meyer,
and Chairman Flamenbaum. C/Plunk was absent.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Contract Secretary Liz Myers.
Vesting Tentative
AP/Searcy presented the staff report regarding the
Tract No. 50519,
request, by Diamond Development Company, to
DR No. 91-2,
subdivide a 2.3 acre site into 34 individual
ZCA No. 91-3, and
ownership lots/ units and three (3) common lots, to
DA No. 91-3
change the zone classification from C-1 (Restricted
Business) to Zone R-3 (Limited Multiple Residence)
and to enter into a Development Agreement with the
City. The Planning Commission directed staff, at
the December 14, 1992 meeting, to draft Resolutions
and conditions of approval. Since the project has
evolved into the present design, it is in
compliance with the General Plan and the current
development standards, and no specific exceptions
are necessitated, therefore, the Development
Agreement is no longer required. AP/Searcy then
noted the following items in the Resolution that
need further revision: a date change to November
21, 1993 on page 1, item A.(iv); an address
correction to 23575 Golden Springs on page 2, item
B.4(a); page 3 item 4.(g) indicates that
notification was done in conformance to State Law;
page 5, item(10) indicates the location of the air
conditioning units; page 5, item(11) deals with the
Quimby fees, and staff will indicate that it is the
Diamond Bar code as adopted from the Los Angeles
County Code section; page 5, item(14) deals with
the CC&R's and a third party mediation service, and
staff will add the word "be" between the words
"shall" and "created"; page 7, item (6) will add
the phrase, "to the City's specification"; page 7,
item (7) deals with on street parking; page 7, item
(8) requires that written evidence of the approval
from the County Sanitation be provided to the City;
and page 7, item (9) will be rewritten with the
concept that all standard conditions are in the
separate attachment.
CITY OF DIAMOND BAR
EXCERPTS FROM MINUTES OF THE PLANNING COMMISSION
DECEMBER 14, 1992
CALL TO ORDER: Chairman Flamenbaum called the meeting to order at
7:06 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Chairman Flamenbaum.
ROLL CALL: Commissioners: Meyer, Grothe, Li, Vice Chairman
MacBride, and Chairman Flamenbaum.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Interim City
Engineer George Wentz, Deputy City Attorney Craig
Fox, and Contract Secretary Liz Myers.
PUBLIC HEARING:
AP/Searcy presented the staff report regarding the
request, made by the applicant Diamond Development
Vesting Tentative
Company, for a 34 unit condominium subdivision on a
Tract No. 50519,
2.33 acre site located northeast of the corner of
DR No. 91-2,
Golden Springs Dr. and Torito Lane, 23575 Golden
ZCA No. 91-3, &
Springs. Additionally, the applicant requests
DA No. 91-3
architectural and site plan review for the
townhouse development, a Zone Change from C-1
(Restrictive Business Zone) to R-3 (Limited
Multiple Resident Zone) and to enter into a
Development Agreement with the City. AP/Searcy
reviewed the application analysis, as presented in
the staff report. He reported that staff has
reviewed this project in comparison with comments
made from previous public hearings, and it is staff
opinion that the project, as submitted, is an
improvement over the evolution of the whole
project. It is requested that the Commission open
the public hearing, receive comments, and direct
staff to prepare resolutions as appropriate.
C/Meyer inquired if the Development Review
application is the same application filed almost
two years ago. He also inquired why the
measurements on the site plan do not reconcile with
the vesting tentative map.
AP/Searcy confirmed that the application is the
same, but new fees have been paid to the City to
process the revised application. There were
changes made in response to Fire Department
requirements, and therefore, the tract map, as
December 14, 1992 Page 2
dated in November of 1992, is more accurate than
the site plan. They will need to be brought in to
conformance with each other for the approval.
C/Grothe inquired if the Commission's packet
includes the Planning Departments draft conditions
of approval.
AP/Searcy explained that the Engineering
Departments draft conditions of approval are
included in the packet, however, staff has not
include Planning Department conditions of approval
until staff receives direction from the Commission
as to whether this project is in compliance with
what the Commission is looking for.
Chair/Flamenbaum declared the public hearing
opened.
Dr. Crowley, the applicant, pointed out the
following changes incorporated into the plan,
pursuant to the Commission's suggestions at the
last public hearing on this item: there has been a
reduction to 34 units in order to be able to
accommodate a loop type driveway around the entire
project; the entrances to the building has been
reoriented so that they face on to a court yard
wherever possible; the architectural style has been
changed to a semi mediterranean look with stucco
and s -tile roofs; private patios have been added to
each of the units, enclosed by a 4 foot high color
coordinated wall that will separate them from the
rest of the common area; landscaping adjacent to
each of the garages have been added; trash
enclosures have been incorporated within the
design; visitor parking as been doubled the code
requirement; the visitor parking throughout the
site has been reallocated; the units are still 1300
square feet; and the amenities remain the same.
From the various studies requested by the
Commission, we have found that there is a
significant need in the City for this type of
housing, that the sewer is more than adequate to
accommodate this unit, and that this project will
only increase traffic flow along Torito Lane by
1.2%. We have concurred with the recommendations
of the Engineering Department to repave Toritc
Lane, and to contribute $12,500 dollars towards
December 14, 1992
Page 3
additional signal phasing requirements at Diamond
Bar Blvd. and Golden Springs Road. However, we
feel that the request made, by the Director of
Facilities Planning for the Pomona Unified School
District, that as a condition of approval we be
required to pay $254,457 to the District to help
mitigate the cost of adding new students (which
amounts to $7,484 per unit, or $5.73 per square
foot fee) is unprecedented, unreasonable, and
overly burdensome.
Chair/Flamenbaum asked DCA/Fox if, the City could
impose such a potential development fee that we
have no control over.
DCA/Fox explained that such an issue is generally
dealt with between the school district and the
applicant. The City can consider a reasonable
condition that the applicant satisfy the mitigation
measures identified by the school district.
CDD/DeStefano pointed out that the developer will
need to satisfy the school district, regardless of
the fee assessed. When the project is ready for
conditions by the Planning Commission, it will
simply state that the developer needs to fulfill
his obligation with this agency as well as any
other public agencies.
Dr. Crowley stated that he concurred with the
recommended conditions, except for item #36, of the
Engineering report, which is not consistent with
what he was told earlier.
ICE/Wentz explained that item #36, in the
Engineering report, is related to the contribution
of $120,000 towards signalization at the
intersection of Golden Springs and Torito Lane.
The supplemental report, provided this evening by
the applicant, relating to site distances and the
merits for a signal, indicates that the need for a
signal is borderline, and the installations of
medians may be a feasible alternative to restrict
the left turn movements on to Torito from Golden
Springs, and to prohibit left turn movements out of
Torito on to Golden Springs. It is staff
suggestion that item 136 be amended to add, "...or,
to construct medians on Golden Springs to restrict
December 14, 1992 Page 4
traffic movements at Golden Springs and Torito Lane
as approved by the City Engineer."
Chair/Flamenbaum declared the Public Hearing
closed.
DCA/Fox noted that there is a provision, dealing
with City control over school fees, that indicates
that the City cannot issue a building permit until
the school has certified the payment of the fees.
C/Grothe suggested that the applicant install
garage door openers for each unit.
AP/Searcy, in response to C/Meyer, stated that, if
the concept of the project is appropriate, it is
staff's recommendation that the Commission direct
staff to develop the conditions of approval, and
bring the resolutions back to the Commission at a
later date. It is recommended that the project be
continued to February of 1993.
Chair/Flamenbaum, in regards to item #36, inquired
if, as a result, people would use the other end of
Torito Lane and go through the commercial center.
ICE/Wentz concurred that if motorists can't make
the turning movement at Torito, there may be other
ways that they will try to make that move. Any
condition would require the Engineering Departments
approval regarding the egress and ingress on to
Torito Lane.
Chair/Flamenbaum, concerned with safety, suggested
that the applicant be required to install adequate
common area lighting along the driveway.
C/Grothe suggested that the small planters, in the
drive aisles by buildings 5 & 6, be omitted because
they will obstruct traffic.
C/Meyer made the following recommendations: the
setback to the street right-of-way, in lot 34,
should be at least a 5 foot minimum dimension; the
walkway area between the patios, between building 3
and 4, should be increased if possible; and there
should be more than one stairwell leading from
Golden Springs to the project.
December 14, 1992 Page 5
Chair/Flamenbaum, concerned with runoff from
torrential rain, suggested that there be a
condition concerning drainage on the hill coming
into building 1 and 2.
ICE/Wentz stated that grading and drainage is a
standard review. Roof draining systems could be
required to control the runoff from the roofs of
these buildings.
Chair/Flamenbaum inquired if a condition could be
considered, beyond UBC requirements, requiring the
front doors to be wheel chair assessable, and that
ramps be added wherever feasible. He also
suggested that the draft CC&R's be included, and
contain an arbitration clause.
Motion was made by C/Grothe, seconded by C/Meyer
and CARRIED UNANIMOUSLY to continue the item to the
February 8, 1993 meeting, and to direct staff to
draft the conditions of approval, and the
resolutions of approval for recommendation to the
City Council.
to prepare a certificate of recognition for Mr. Whelan.
C/Forbing stated that the City of Industry is signing their
property agreement with the Pomona Unified School District on
March 5, 1993.
MPT/Papen stated that a letter from the City of Alhambra was
received stating that the City of Alhambra and their
Redevelopment Agency have filed a written complaint with the
California Supreme Court challenging the constitutionality of
the State which diverted property taxes from cities to replace
the States constitutional obligation to fund public education.
MPT/Papen requested the City Council send a letter to the
Supreme Court urging them to hear this matter. The Council
concurred.
10. ADJOURNMENT: With no further business to conduct, the meeting
was adjourned at 11:40 p.m.
Attest:
Mayor
LYNDA BURGESS, City Clerk
CONTINUED Chair/Flamenbaum suggested that the Planning
PUBLIC HEARING: Commission may first wish to begin discussion on
the Zone Change issue.
TT Map No. 50519/
DA No. 91-3/ C/Meyer stated that since it is a comprehensive
DR No. 91-2/ project, perhaps the information submitted on the
Zone Change 91-1 entire project should be discussed, and then the
actions dealt with incrementally. The Commission
concurred.
AP/Searcy presented the staff report regarding the
request from the applicant, Diamond Development
Company, to subdivide a 2.3 acre site, located at
23575 Golden Springs, into six (6) lots, to
construct an 80 unit Senior citizen project, to
change the zone classification from C-1 (Restricted
Business) to Zone R-4 (Unlimited Residence), and to
enter into a Development Agreement with the City.
He thoroughly reviewed the Application Analysis, as
indicated in the staff report. It is recommended
that the Planning Commission discuss the project,
and direct staff on issues and project specifics.
Staff is supportive of multi -family residential
development at this location as well as senior
citizen housing as a specific land use. It is an
appropriate transitional use for this land. Staff
recommended that the development agreement,
incorporating the appropriate density bonus, be
drafted. However, staff can not support the
massive reduction in parking and potential problems
with the internal circulation within the parking
structure as proposed by the applicant.
Chair/ Flamenbaum inquired if the traffic report has
been reviewed by the Traffic and Transportation
Commission (TTC).
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
JUNE 22, 1992
CALL TO.ORDER:
Chairman Flamenbaum called the meeting to order at
7:05 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
the Community Development Director James DeStefano.
ROLL CALL:
Commissioners: Meyer, Li, Grothe, and Chairman
Flamenbaum. Vice Chairman MacBride
was absent (excused).
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Bill Curley, and Contract Secretary Liz Myers.
***********
CONTINUED Chair/Flamenbaum suggested that the Planning
PUBLIC HEARING: Commission may first wish to begin discussion on
the Zone Change issue.
TT Map No. 50519/
DA No. 91-3/ C/Meyer stated that since it is a comprehensive
DR No. 91-2/ project, perhaps the information submitted on the
Zone Change 91-1 entire project should be discussed, and then the
actions dealt with incrementally. The Commission
concurred.
AP/Searcy presented the staff report regarding the
request from the applicant, Diamond Development
Company, to subdivide a 2.3 acre site, located at
23575 Golden Springs, into six (6) lots, to
construct an 80 unit Senior citizen project, to
change the zone classification from C-1 (Restricted
Business) to Zone R-4 (Unlimited Residence), and to
enter into a Development Agreement with the City.
He thoroughly reviewed the Application Analysis, as
indicated in the staff report. It is recommended
that the Planning Commission discuss the project,
and direct staff on issues and project specifics.
Staff is supportive of multi -family residential
development at this location as well as senior
citizen housing as a specific land use. It is an
appropriate transitional use for this land. Staff
recommended that the development agreement,
incorporating the appropriate density bonus, be
drafted. However, staff can not support the
massive reduction in parking and potential problems
with the internal circulation within the parking
structure as proposed by the applicant.
Chair/ Flamenbaum inquired if the traffic report has
been reviewed by the Traffic and Transportation
Commission (TTC).
June 22, 1992 Page 2
AP/ Searcy stated that it is staff's understanding
that the project went before the TTC nearly one
year ago.
Chair/Flamenbaum, noting that the project presented
today has been revised from the one reviewed by the
TTC a year ago, suggested that it would be
appropriate to allow the TTC to review it again.
AP/Searcy informed the Commission that a
representative of Alfred Gobar and Associates is
available to discuss the Impact Analysis, if the
Commission so desires.
Al Marshall, residing at 4400 MacAurther Blvd.,
Newport Beach, representing Dr. Crowley, discussed
the need to provide for senior housing in Diamond
Bar. He made the following comments: many seniors
are looking for an alternative to their current
lifestyles, and desire to continue to live within
their community, on a fixed income; there is a hand
by hand cooperation, of City and private
enterprise, to keep housing affordable, usually in
the form of density bonuses; this project is
proposed in the $100,000 to the $160,000 range,
which allow seniors to sell their current home,
live on their fixed income, put additional fund
money in bank, and continue to own their homes; the
parking ratio of this project is far greater than
the other 800 units he has developed, none of which
had a higher parking ratio of 1.08:1; there is a
sufficient number of guest parking outside of the
project; since the average age of the buyer is 72
years old, the ratio of cars actually owned is
considerable below the 1.08:1 ratio; and the design
of the project fits well in the surrounding area.
Chair/Flamenbaum informed Mr. Marshall that two of
the Commissioners present have never heard a
presentation on this project.
Al Marshall continued his presentation and made the
following comments regarding the proposed project:
it is 80 units consisting of 2 and 3 stories over
the parking structure, and 2 and 3 stories on grade
at the front; there will be 10 two bedroom units,
and 6 one bedroom units per building; the parking
and complex is secured; the homeowners association
will participate in running the recreational
facility; the age restriction is geared
specifically for adults; the majority of the
purchasers are, in most cases, elderly single
women; the number of parking .spaces need only be
tied to the number of units, not bedrooms, because
June 22, 1992 Page 3
seniors don't usually expand their family unit; and
it is 35 feet above grade.
C/Meyer stated that the Planning Commission has
already recommended, in the Land Use Element, that
this land be used for multi -family residential
zoning at 16DU/acre. Noting that the density bonus
is based on the availability of the units to low
and moderate income, he inquired if an individual
with a low to moderate income of $26,000/year can
afford to buy these units at $100,000 to $160,000.
Al Marshall stated that the density bonus is not
necessarily tied to just the income level, but the
restrictions on the property are taken in to
consideration as well.
Al Marshall made the following responses to
C/Meyer's inquiries: there is a lot of concrete,
however,.the deck above will be landscaped with a
lot of planters; the biggest units are the best
sellers whereas the den is used as a study, and the
extra bedroom for visiting children; everything is
fully accessible, with stairways and 4 elevators;
the age is restricted through the CC&R's, the land
covenant, conditioned by the Conditional Use
Permit, and other trigger mechanisms that can be
put in place; proof of age will be required to
purchase; one companion is allowed to occupy the
units that is at least 45 years of age; children
can only visit for a certain total number of
overnight stays per year, controlled by the HOA;
deciduous screening material will be used to
visually obscure the south westerly portion of the
site from the existing single family residences;
and a shadow analysis was not conducted on this
site.
C/Li advised the applicant to enter into this
development carefully because the seniors must be
considered and taken care of.
C/Grothe indicated that he has various concerns on
the project in general. However, at this point, he
stated that he is very concerned that he has not
yet received the elevation view of that project, as
to how the project fits into Diamond Bar Blvd. and
Torito Lane, and to the surrounding resident, as he
has requested numerous times.
Chair/Flamenbaum, in regards to page 8, in the
Summary and Conclusions of the Fiscal Impact
report, inquired how it was concluded that retail
development of the site will result in a negligible
June 22, 1992 Page 4
net increase in retail sales tax revenues received
by the City.
Olance Gadreen, with Alfred Gobar Associates,
located at 721 Kimberly Ave., Placentia, stated
that the specifics supporting that statement is
located on page 17 and 18 of the report. Following
his summary of the Fiscal Impact Analysis, he
explained that if Diamond Bar limits retail
development to the 2.3 acres available on this
site, the City will get another duplication of the
convenience oriented type of retail operations,
which is already in over supply.
Chair/Flamenbaum stated that he does not concur
with the sudden transition that if the City
develops 2.3 acres of retail, the City will see a
negligible increase in retail sales tax.
Chair/Flamenbaum recessed the meeting at 8:43 p.m.
The meeting was reconvened at 9:00 p.m.
The Public Hearing was declared opened.
Red Calkins, residing at 240 Eaglenest Dr., stated
that at the time that he moved to Diamond Bar, it
was supposed to be a village type cluster of homes.
He inquired if a traffic study was conducted. He
noted that Diamond Bar is over run by office
vacancies as it is.
Don Gravdahl, residing at 23988 Minnequa, made the
following comments: much of the lack of audience
may be due to the fact that the project has been
continued so often; there is not adequate available
parking spaces; a change of ownership could
generate more cars than first anticipated; 55 year
olds and 45 year olds often have more than one
vehicle; the TTC often review problems in which
residential areas are being impacted by the lack of
parking spaces in office buildings; and the effects
of these tall buildings on Diamond Bar should be
considered.
The Public Hearing was declared closed, to be
continued to a meeting yet to be determined.
C/Grothe stated that, though he is not opposed to a
zone change, he does not see any reason to continue
a project that is so far out of conformance.
C/Li stated that, though he is not opposed to the
project, he has a lot of doubts regarding the
June 22, 1992 Page 5
density of the project, and would concur to
continue the matter.
C/Meyer made the following comments: density
bonuses does have a direct relationship to the
provision of units to low and moderate income, and
if the project does exceed the 37 dwelling units,
then some provision should be made for low to
moderate incomes; the TTC should review the site,
and the issues relative to on -street parking; on
site parking should be commensurate with the size
of the units and the number of bedrooms; there
needs to be a redesign of the project to provide
easy access to these units; the elderly are not
usually attracted to subterranean parking, and it
should be redesigned; the plans should show above
grade landscaping above the subterranean parking;
there needs to be an analysis of the potential
impacts on the surrounding land uses; on site
circulation plan is difficult to maneuver; the
visitor parking will probably be used by the
residents; the lot coverage is contrary to a lot of
the concepts, dealt with in the General Plan
review, regarding design standards, softening glare
of hardscape with landscaping efforts, reducing the
amount of impervious materials, etc.; the
recreational amenities are minimal and should be
redesigned to be the focal point to encourage group
type of activities; this development should comply
with the rest of the standards we would apply to
other condominium developments in the community;
the trash areas are inadequate; a public transit
facility should be made to provide use; an analysis
should be made of the site, it's impact of each of
the buildings internally, and external to the
project, to include a shades analysis; and an
Environmental Analysis should be done.
Motion was made by C/Grothe and seconded by C/Meyer
to deny the project, as submitted.
C/Grothe concurred with the statements made by
C/Meyer, and added that the number and size of the
parking spaces need to be increased, and there
should be recreational amenities for guests. He
recommended denying the project, and advising the
applicant to resubmit a redesign'of the project, as
a new application.
Chair/Flamenbaum indicated that if the application
is denied, the applicant should be given
groundrules as to what he should expect if he
chooses to resubmit.
June 22, 1992 Page 6
C/Grothe indicated that this project is
fundamentally the same project that has been
proposed for a year now, with the exception of the
senior citizen housing. He stated that his
direction to the applicant would be to go back and
design the project to meet the code, the design
review, and the General Plan.
Chair/Flamenbaum inquired of the applicant if they
are in a position to work with staff to develop a
project that the Commission feels would be more
appropriate for Diamond Bar.
Al Marshall requested the opportunity to study the
project, and give it further consideration, given
the concerns expressed by the Commission.
The Planning Commission voted upon C/Grothe's
motion to deny the project, as submitted.
AYES: COMMISSIONERS: Grothe.
NOES: COMMISSIONERS: M e y e r, L i, a n d
Chair/Flamenbaum.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: VC/MacBride.
The Motion FAILED.
C/Meyer asked if the applicant is willing to waive
the time restrictions for the Tentative Tact Map.
Al Marshall stated that the applicant is in
concurrence to waive the time restrictions on the
Tentative Tract Map.
C/Grothe requested that the application first go
before the TTC for review before coming to the
Planning Commission.
Motion was made by C/Meyer, seconded by C/Li and
CARRIED UNANIMOUSLY to continue the matter to the
meeting of August 10, 1992.
The Commission stated more concerns regarding the
proposed project: the size of the parking stalls
need to be increased; there needs to be additional
guest recreation amenities, especially for
children; there should be sprinklers in the garage
of the community building; and there should be a
further explanation as to why this site should not
be retail space, as indicated in the Fiscal Impact
report.
Chair/Flamenbaum noted that the letter received
from the Pomona Unified School District, expressing
June 22, 1992 Page 7
a concern that the schools could not adequately
handle more enrollment, was written before the
project was proposed as a Senior Citizen complex.
The Commission then discussed the need to renotice
this project. The project has already been noticed
four times. However, because there is going to be
a 60 day lapse before the next hearing, the
Commission concurred to renotice the project.
C/Grothe suggested that noticing, in general,
should come up as a Commission item to determine
how to adequately notice all of the projects.
G=TY VW D=iartossa m&.
EXCERPTS FROM MINUTES OF THE PLANNING COMMISSION
NOVEMBER 25, 1991
CALL TO ORDER: Chairman Grothe called the meeting to order at
7:14 p.m. in the South Coast Quality Management
District Board Meeting Room 21865 E. Copley Drive
Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance
ALLEGIANCE: by Council Elect Gary Miller.
ROLL CALL: Commissioner Harmony, Commissioner Schey, Vice
Chairman MacBride, and Chairman Grothe.
Commissioner Lin was absent.
Also present were Community Director James
DeStefano, Associate Planner Robert Searcy, City
Engineer Sid Mousavi, Deputy City Attorney Bill
Curley, and Contract Secretary Liz Myers.
PUBLIC HEARING: AP/Searcy reported that the application is for
Tentative Tract 50519, Development Agreement 91-3,
TT 50519/DA 91-3/ and development Review 91-2. The request is to
DR 91-2 subdivide a 2.3 acre site into six lots, and to
construct 80 condominium units within five
buildings, with underground parking. The parcel
is zoned for Restricted Commercial (C-1) and the
Development Agreement seeks to create a
classification of uses deemed appropriate for the
site. The Development Review application is
required to determine the aesthetic compatibility
with surrounding land uses. It is recommended
that the Commission direct staff as to the
appropriate action.
CD/DeStefano suggested that the Commission first
resolve the issue of land use before discussing if
the proposal contains the proper density,
architectural statement and proper package of
amenities that one finds in multifamily uses.
The Public Hearing was declared opened.
Dr. Ron Crowley, residing at 1700 Rain Tree Road,
Fullerton, distributed notes, to the Commission,
highlighting the features of the proposed project.
He reviewed the following features: Goals;
suitability of site for residential vs. commercial
use; design consideration; density; coverage/open
space; parking; access to property; amenities;
security; tract map/6-lot subdivision; traffic;
sewage; fire prevention; handicap accessibility;
and economic factors.
Mr. Salas, residing next to the proposed site,
opposed the project for the following reason: The
proximity of the project would adversely affect
November 25, 1991 Page 2
his home and the surrounding area; it is
architecturally incompatible with the surrounding
community; the schools are already overcrowded;
and the project is too dense for the area. He
requested that the Commission carefully consider
the appropriateness of this project.
The Public Hearing was declared closed.
Chair/Grothe stated that given the current
condition of the property, he cannot justify
changing the zone.
C/Schey indicated that he requires more time to
think about the project. He is not inclined to
approve a new 30 plus unit per acre project based
upon a Development Agreement.
C/Harmony stated that the area should be light
commercial. The project is very creative,
however, it is the wrong kind of use.
VC/MacBride requested that there be additional
study with respect to: What percentage of
commercial property available would be used if the
2.3 acres is used; what would be the difference in
impact if this were employed for use for offices,
or similar purposes which seems to be consistent
with the zoning and the growth in that area; and
what would be gained from the commercial taxation
as opposed to the high density occupation. He
indicated that this type of high density project
may be the cutting edge of innovative development
that is needed for the future. He would like more
time to think about it.
C/Harmony stated that he would concur to continue
the matter.
CD/DeStefano recommended that the Commission
continue the project for at least 30 days to allow
staff time to hire a consultant and bring the
information back to the Commission. He further
recommended that the Commission reconsider
discussing this vital issue on the December 23rd
meeting date because it is a difficult date for
the public to attend.
Chair/Grothe stated that Diamond Bar does not
desire to be a high density City like Ventura. He
would not continue the project, however, if the
Commission is so inclined, he would request the
following: Some true renderings of what this
project is going to look like in the community;
November 25, 1991 Page 3
the architectural style of the project needs to
match the community; and information regarding how
high the project is as a residential unit,
measured at the average grade of the lot.
C/Schey stated that he is not favorably inclined
toward the density, as proposed. He would like
additional time to think about the project,
specifically concerning if condominiums should be
on the site, what should there density be, and if
they should not be on the site, what is the
alternative use.
The applicant, Dr. Crowley, consented to continue
the matter to the January 13, 1992 meeting.
Motion was made by C/Schey, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to continue
the matter to the January 13th meeting.
Recording Requested By And �?4pr When Recorded Mail To: DIAMOND DEVELOPMENT COMPANY
110 Wilshire Ave. #300
Fullerton, CA 92632
DECLARATION OF RESTRICTIONS
TRACT #50519
Table of Contents
92-0103
Preamble......................................1
Article
I
Definitions................................2
Article
II
Owners' Right in Common Area..................6
Article
III
Membership in Association .....................8
Article
IV
Voting Rights ...... .........................10
Article
V
Powers and Duties of Association.............11
Article
VI
Covenant for Assessments ...................17
Article
VII
Non -Payment of Assessments -Remedies.......... 22
Article
VIII
Architectural Control ........................ 25
Article
IX
Maintenance and Repairs......................30
Article
X
Use Restrictions ........ .... ...............32
Article
XI
Damage, Destruction, condemnation ............ 38
Article
XII
Insurance..................................39
Article
XIII
Mortgage Protection ..........................42
Article
XIV
Grantor Exemption ............................45
Article
XV
General Provisions ...........................47
Article
XVI
Association Financial Information ............ 52
Article
XVII
Association Rules .................. ... ....56
Article
XVIII
Enforcement of Completion Bonded Obligation..57
Article
XIX
Amendment and Duration ....................... 58
Article
XX
Managing Agent...............................60
Article
XXI
Solar Energy.................................61
Subordination Agreement
92-0103
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATIONS OF EASEMENTS
THIS DECLARATION is made on this day of
, 19 , by DIAMOND DEVELOPMENT COMPANY, INC.,
a California Corporation, hereinafter referred to as "Grantor".
A. Grantor is Owner of certain properties ("Properties") in
the City of Diamond Bar, County of Los Angeles, State of
California, more particularly described as follows:
Lots #1 through #34, inclusive, and Common Area Lots "A",
"B" and "C" of Tract #50519, as shown on a subdivision map,
recorded in Book , Pages through , inclusive,
of Maps, in the office of theLos Angeles County Recorder, State
of California.
B. Grantor has deemed it desirable, for the efficient
preservation of the values and amenities in the Properties, to
create a corporation (hereinafter referred to as "Association")
under the General Nonprofit Mutual Benefit Corporation Laws of
the State of California to which be delegated and assigned the
powers of owning and maintaining the Common Area as hereinafter
defined, and administering and enforcing the covenants and
restrictions, and collecting and disbursing the assessments and
charges hereinafter created.
C. Grantor will, or has caused, such corporation, the
members of which shall be the respective Owners of residential
Lots within the Properties, to be formed for the purpose of
exercising such functions.
D. Grantor intends to develop the Properties pursuant to the
provisions of the California Davis -Sterling Common Interest
Development Act and convey all of the Properties pursuant to a
general plan for all of the Properties and subject to certain
protective covenants, conditions, restrictions, reservations,
easements, equitable servitudes, liens and charges, all running
with the Properties as hereinafter set forth.
E. The development of the Properties will be in a single
phase and consist of residential Lots #1 through #34, inclusive,
and Common Area Lots "A", "B" and "C" of Tract #50519. Each
residential Lot will be developed with a single family residence.
The development of the Common Area Lot will consist of
landscaping, street, guest parking spaces, walkways, and
lighting. Each residential Lot shall have appurtenant to it a
membership in the corporate homeowners Association which will be
the management body of the overall development and owner of the
Common Area. Each Owner of a residential Lot will have a
non-exclusive easement of enjoyment to the Common Area subject to
the provisions of Article II of this Declaration.
F. Grantor hereby declares that all of the Properties shall
be held, sold, conveyed, encumbered, hypothecated, leased, used,
occupied and improved subject to the following easements,
restrictions, covenants, conditions and equitable servitudes, all
of which are for the purpose of uniformly enhancing and
protecting the value, attractiveness and desirability of the
Properties, in furtherance of a general plan for the protection,
maintenance, subdivision, improvement and sale of the Properties
or any portion thereof. The covenants, conditions, restrictions,
reservations, easements and equitable servitudes set forth herein
shall run with the Properties and shall be binding upon all
persons having any right, title or interest in the Properties, or
any part thereof, their heirs, successors and assigns; shall
inure to the benefit of every portion of the Properties and any
interest therein; and shall inure to the benefit of and be
binding upon Grantor, each Owner and their respective heirs,
executors and administrators; may be enforced by Grantor, by any
owner or by the Association (as hereinafter defined).
ARTICLE I
Unless otherwise expressly provided, the following words and
phrases when used herein shall have the meanings hereinafter
specified:
Section 1. ""C" shall mean the Architectural Review Committee
created pursuant to Article VIII hereof.
2
Sect3,Qn 21. "Articles" shall mean the Articles of Incorporation
of the Association filed or to be filed in the office of the
Secretary of State of the State of California, and such Articles
as may be amended from time to time.
Segtion 1. "Common Assessment" shall mean the annual charge
against each Owner and his/her residential Lot, representing a
portion of the total, ordinary costs of maintaining, improving,
repairing, replacing, managing and operating the Common Area,
including reserves, and the Common Expenses of the Association,
which said charges are to be paid uniformly and equally by each
Owner to the Association, as provided herein.
Section A. "s2ggial Assessments" shall mean a charge against a
particular Owner and his/her residential Lot, directly
attributable to the Owner, equal to the cost incurred by the
Association for corrective action, pursuant to the provisions of
this Declaration.
motion I. "Reconstruction Asses mm� ent" shall mean a charge
against each Owner and his/her residential Lot, representing a
portion of the cost to the Association for reconstruction of any
portion of the Common Area pursuant to the provisions of this
Declaration.
Section fL. "C fig tal Injovement Assessment" shall mean a charge
against each Owner and his/her residential Lot, representing a
portion of the costs to the Association for installation and
construction of any improvements on any portion of the Common
Area which the Association may from time to time authorize,
pursuant to the provisions of this Declaration.
motion 2. "Association" shall mean TORITO LANE HOMEOWNERS
ASSOCIATION, a corporation formed under the General Nonprofit
Mutual Benefit Corporation Law of the State of California, its
successors and assigns.
Section Q. "Association Maintenance FUnds," shall mean the
accounts created for receipts and disbursements of the
Association's funds, pursuant to Article VI hereof, and shall
include an Operating Fund and a Reserve Fund.
;taction .2. "Benn fits =" shall mean a mortgagee under a mortgage
or a beneficiary under a deed of trust, as the case may be, and
the assignees of such mortgagee or beneficiary.
3
Section IQ. "Board" or "mrd 2f Directors" shall mean the Board
of Directors of the Association, elected in accordance with the
Bylaws of the Association.
Section 11.. "Bylaws" shall mean the Bylaws of the Association,
as adopted by the Board initially and such Bylaws as may be
amended by the membership of the Association from time to time.
Rection Ia. "!Common " shall mean and refer to those portions
of the Properties and improvements thereon, which are owned by
the Association for the common use and enjoyment of all of the
Owners. Said Common Area shall be owned by the Association at
the time of conveyance of the first residential Lot within the
Properties to an owner, and is more particularly described as
Lots "A", "B" and "C" of Tract 150519 as shown on a subdivision
map recorded in Maps of the office of the Los Angeles County
Recorder of the State of California.
Section la. "tea ZX22nse" shall mean the actual and estimated
costs of: maintenance, management, operation, repair and
replacement of the Common Area; costs of management and
administration of the Association to managers, accountants,
attorneys and other employees; the cost of fire, casualty and
liability insurance, workers' compensation insurance (if
required) and other insurance covering the Common Area; the costs
of bonding or insuring the members of the management body and
management company; amounts paid by the Association for discharge
of any lien or encumbrance levied against the Properties, or
portions thereof; taxes paid by the Association; the costs of any
commonly metered utilities and other commonly metered charges for
the Properties; the cost of all utilities, gardening and other
services benefiting the Common Area; reserves for replacement of
Common Area amenities; and the costs of any other item or items
designated by the Association for any reason whatsoever in
connection with the Properties, for the benefit of all the
Owners.
Section IA. "Declaration" shall mean this instrument as it may
be amended from time to time.
Secti 11. "fid gL Trust" shall mean a mortgage or deed of
trust, as the case may be.
Section J&. "Dwelling Unit" or "Unit" shall mean a residential
building structure constructed on a Lot designed and intended for
use and occupancy as a residence by a single family.
4
Section 11. "Grantor" shall mean and refer to DIAMOND
DEVELOPMENT COMPANY, INC., a California Corporation, its
successors and/or any person which it shall have assigned any
rights hereunder by express written assignment if such successors
or assigns should acquire more than one (1) undeveloped Lot from
Grantor for purposes of development. The term "Declarant" when
used herein shall be synonymous with the term "Grantor".
Secion 11. "Family" shall mean (1) a group of natural persons
related to each other by blood or legally related to each other
by marriage or adoption; or (2) a group of not more than five (5)
natural persons not all so related, inclusive of their domestic
servants, who maintain a common household in a Dwelling Unit on a
Lot.
Sgction " .t" shall mean any lot, shown upon any recorded
subdivision map of the Properties.
Section 2&. "Manager" or "Management CoNjany" shall mean the
Person appointed by the Association as its agent and to whom the
Association has delegated certain duties, powers or functions as
further provided in this Declaration and in the Bylaws.
Section 21. "K9Xg=11 shall mean any Person holding a membership
in the Association as provided in this Declaration.
Section 22. "Mortaaae"; "Mort nge"; "Mortgagor" shall mean any
mortgage or deed of trust or other conveyance of a Lot or other
portion of the Properties to secure the performance of an
obligation, which will be reconveyed upon the completion of such
performance. The term "Deed of Trust" or "Trust Deed" when used
herein shall be synonymous with the term "Mortgage". The term
"Mortgagee" shall mean a person or entity to whom a Mortgage is
made and shall include the Beneficiary of a Deed of Trust.
"Mortgagor" shall mean a person or entity who mortgages his or
her Lot to another (i.e., the maker of a Mortgage) , and shall
include the Trustor of a Deed of Trust. The term "Trustor" shall
be synonymous with the term "Mortgagor", and the term
"Beneficiary" shall be synonymous with the term "Mortgagee".
Section 2d. "Notice "d Hearing" shall mean written notice and a
public hearing before the Board or a forum appointed by the
Board, at which the owner concerned shall have an opportunity to
be heard in person, or by counsel at Owner's expense, in the
manner further provided in the Bylaws pursuant to California
Corporation Code Section 7341, or a similar California Code.
5
Section 2g. "Owner" shall mean the Person or Persons, including
Grantor, holding fee simple interest of record to any residential
Lot which is a part of the Properties, including sellers under
executory contracts of sale, but excluding those having such
interest merely as security for the performance of an
obligation.
Section 2.�. "person" shall mean a natural individual or legal
entity.
Section 2§. "Prggerties" shall mean those certain residential
Lots #1 through 134, inclusive, and Common Area Lots "A", "8" and
"C" of Tract #50519, as shown on a subdivision map recorded in
Haps of Los Angeles County, State of California.
section 2a. "Record"; "Recorded"; "Filed" or "Resor ation" shall
mean, with respect to any document, the recordation of such
document in the office of the County Recorder of Los Angeles
County, State of California.
Section 2&. "project" shall mean and refer to the Properties.
r"
1
Section 1. owners' Easements gf Enjoyment. Every owner shall
have a right and easement of ingress and egress and of enjoyment
in, to and over the Common Area, and such easement shall be
appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(a) The right of the Association to establish uniform rules
and regulations pertaining to the use of the Common Area,
pursuant to Article XVII hereof.
(b) The right of Grantor and its sales agents,
representatives and prospective purchasers, to the non-exclusive
use of the Common Area, without cost, for access, ingress, egress
and use, in order to dispose of the Properties as provided
herein, provided, however, that such use shall not unreasonably
interfere with the rights of the other Owners as provided herein.
(c) The right of the Association to reasonably limit the
number of guests of Owners using the Common Area facilities.
(d) The right of the Association in accordance with the
Articles, Bylaws and this Declaration, to borrow money for the
purpose of improving the Common Area and facilities, and to
mortgage, pledge, deed in trust, or hypothecate any or all of the
Common Area property as security for money borrowed or debts
incurred, subject to the right of First Mortgagees as described
in Article XIII of this Declaration.
(e) The right of the Association to dedicate, release,
alienate or transfer the Common Area to any public agency,
authority, utility or other person for such purposes and subject
to such conditions as may be agreed to by the Members of the
Association, subject to the right of First Mortgagees as
described in Article XIII hereof.
(f) The right of the Association (by action of the Board)
to reconstruct, replace or refinish any improvement or portion
thereof upon the Common Area, subject to Section 5 of Article VI
hereof.
(g) The right of the Association to suspend the voting
rights and rights to use of the recreational facilities by a
member or resident for a period of time during which any
assessment against his Lot remains unpaid.
Section 2,. Easements f..Qr Parking. The Association, through its
officers, committees and agents is hereby empowered to establish
"Parking" and "No Parking" areas within the Common Area in
accordance with the California vehicle Code, or any similar
statute hereinafter enacted, as well as to enforce these parking
limitations by all means lawful for such enforcement on city
streets, including the removal of any violating vehicles by those
so empowered.
Section .1. Easements f= Vehicular Traffic. In addition to the
general easements for use of the Common Area reserved herein,
there shall be, and Grantor hereby reserves and covenants for
itself and all Owners within the Properties, non-exclusive
easements appurtenant for vehicular traffic over all private
streets within the Common Area, subject to the parking provisions
set forth in Section 2 of Article II hereof.
Section 4. Easements f= public Service UM. In addition to
the foregoing easements over the Common Area, there shall be, and
Grantor hereby reserves and covenants for itself and all owners
within the Properties, easements for public services
(City/County), including but not limited to, the right of the
7
police and fire departments to enter upon any part of the common
Area, for the purpose of enforcing the law (including the
provisions of the California Vehicle Code). Any department,
bureau, or agency of the City of Diamond Bar, the County of Losa
Angeles, State of California, or the Government of the United
States shall have the right of access to the Common Area for the
purpose of providing a public service.
Sr,gtioa !�. Waiver Qf U,. No owner may exempt himself from
personal liability for assessments duly levied by the
Association, nor release the residential Lot or other property
owned by him from the liens and charges hereof, by waiver of the
use and enjoyment of the Common Area and the facilities thereon
or by abandonment of his Lot or any other property in the
Properties.
Section A. mss.. Each owner shall execute such instruments and
take such action as may reasonably be specified by the
Association to obtain separate real estate tax assessment of each
Lot, including those portions of the Common Area within the
Owner's Lot. if any taxes or assessments may, nevertheless, be
against the Association, said taxes and assessments may be paid
by the Association and each owner shall be obligated to pay or to
reimburse the Association for, as the case may be, the taxing
against the Association and attributable to his/her own Lot.
Section Z. Title #,Q tb& Common ArgM. Grantor hereby covenants
for itself, its successors and assigns, that it will convey to
the Association fee simple title to the Common Area (Lots "A",
"B" and "C") of Tract #50519, free and clear of any and all
encumbrances and liens, subject to reservations, easements,
covenants and conditions then of record, including those set
forth in this Declaration. Said conveyance shall be made prior
to the conveyance of the first residential Lot to a purchaser
from Grantor pursuant to a Final Subdivision Public Report,
issued by the California Department of Real Estate, covering the
Properties.
AR't'TCT.F: =
Se tion I. MembershiR. Every owner of a residential Lot shall
be a Member of the Association and no owner shall have more than
8
one membership in the Association. Memberships in the
Association shall not be assignable, except to the Person to
which title to the Lot has been transferred, and every membership
in the Association shall be appurtenant to and may not be
separated from the fee ownership of such Lot. ownership of such
Lot shall be the sole qualification for membership in the
Association.
Section a. Transfer. The Association membership held by any
Owner of a Lot shall not be transferred, pledged or alienated in
any way, except upon the sale or encumbrance of such Lot, and
then only to the purchaser or Mortgagee of such Lot. Any attempt
to make a prohibited transfer is void, and will not be reflected
upon the books and records of the Association. A Member who has
sold his Lot to a contract purchaser under an agreement to
purchase shall be entitled to delegate such contract purchaser
his membership rights in the Association. Such delegation shall
be in writing and shall be delivered to the Board before such
contract purchaser may vote. However, the contract seller shall
remain liable for all charges and assessments attributable
to his Lot until fee title to the Lot sold is transferred. In
the event the owner of any Lot should fail or refuse to transfer
the membership registered in his name to the purchaser of such
Lot upon transfer of fee title thereto, the Board of Directors
shall have the right to record the transfer upon the books of the
Association.
Section 1. Meetings. Regular and special meetings of the
Association membership and Directors shall be held in accordance
with the Bylaws of the Association.
motion A. Notice. Written notice of any Association membership
meeting shall be sent to all Members not less than ten (10) days,
nor more than ninety (90) days, in advance of the meeting. The
notice shall specify the place, day and hour of the meeting, and
the nature of the business to be undertaken.
Section 5.. Qom. The term, "quorum", for any Association
membership meeting shall mean more than fifty percent (50%) of
the owners holding membership within the Association, through
presence in person or proxy. In the event any meeting of the
Members can not be held because a quorum is not present, the
Members present, either in person or by proxy, may adjourn the
meeting to a time not less than five (5) days nor more than
thirty (30) days from the time the original meeting was called,
0J
at which meeting the quorum requirement shall be twenty-five
percent (25%) of the Owners holding membership within the
Association. Notice of the time, day, and place of the adjourned
meeting shall be given to all Members.
f 8
Section 1. Classes Q€ Voting Me"rshin. The Association shall
have two (2) classes of voting membership as follows:
Class &. Each owner of a Lot, other than Grantor if a Class
"B" membership exists, is a Class "A" member. Class "A"
membership entities the holder to one (1) vote for each Lot
owned. Grantor shall become a Class "A" Member with regard to
Lots owned by Grantor upon conversion of Grantor's Class "B"
membership as provided below. When more than one Person holds an
interest in any Lot, all such Persons shall be Members. The vote
for such Lot shall be exercised in accordance with Article IV,
Section 2 of this Declaration, and in no event shall more than
one (1) Class "A" vote be cast with respect to any Lot.
Class ]a. The Grantor is a Class "B" member and shall be
entitled to three (3) votes for each Lot owned. The Class "B"
membership shall cease and be irreversibly converted to Class "A"
membership on the happening of any of the following events,
whichever occurs earliest:
(a) When the total votes outstanding held by Class "A"
members equal the total votes outstanding held by
Class "B" members; or
(b) Two years following the date of the first conveyance of
a Lot in the original issuance of the final public
report by the California Department of Real Estate for
the development of the Properties.
The voting rights shall be vested upon the commencement of the
assessments against the residential Lots.
Except with respect to action to enforce the obligations of
Grantor under any completion bond, membership approval of action
to be taken by the Association shall require the vote or written
consent of a majority of each class of membership of the
10
Association during the time that there are two classes of
membership, unless a greater percentage of the voting membership
is required. Upon conversion of Class "B" membership to Class "A"
membership, the membership approval of action to be taken by the
Association shall require the vote or written consent of a
majority of Class "A" Members and a majority of Class "A"
Members other than the Grantor, except with respect to action to
enforce the obligations of Grantor under any completion bond as
described in Article XVIII of this Declaration.
Section 2,. Vote Distributes. Class "A" Members shall be
entitled to one (1) vote for each Lot in which they hold the
interest required for membership. When more than one Person
holds such interest or interests in any Lot ("co-owner"), all
such co-owners shall be Members and may attend any meeting of the
Association, but only one such co-owner shall be entitled to
exercise the vote to which the Lot is entitled. Such co-owners
may from time to time all designate in writing one of their
number to vote. Fractional votes shall not be allowed, and the
Class "A" vote for each Lot shall be exercised, if at all, as a
unit. Where no voting owner is designated or if such designation
has been revoked, the vote for such Lot shall be exercised as the
majority of the co-owners of the Lot mutually agree. Unless the
Board receives a written objection from a co-owner, it shall be
presumed that the corresponding voting co-owner is acting with
the consent of his or her co-owners. No vote shall be cast for
any Lot where the majority of the co-owners present in person or
by proxy and representing such Lot cannot agree to said vote or
other action. The non-voting co-owner or co-owners shall be
jointly and severally responsible for all of the obligations
imposed upon the jointly owned Lot and shall be entitled to all
other benefits of ownership. All agreements and determinations
lawfully made by the Association in accordance with the voting
percentages established herein, or in the Bylaws, shall be deemed
to be binding on all owners, their successors and assigns. Said
voting rights shall be subject to the restrictions and
limitations provided in this Declaration, the Articles and
Bylaws.
Section 1. Election AW Removes QJ Directors. The Members shall
vote for the election or removal of the members of the Board of
Directors of the Association. The Members shall elect all the
members of the Board of Directors at the first Association
membership meeting. Each Members entitled to vote in any election
for a Director may cumulate his/her votes for one or more
nominees if the member has given notice at the meeting prior to
the voting of his intention to cumulate votes. If any one Member
11
has given such notice, then all Members will be entitled to
cumulate their votes. The candidates receiving the highest
number of votes, up to the number of Directors to be elected,
shall be deemed elected. The entire Board of Directors of the
Association or any individual Director may be removed by a vote
of the owners holding a majority of the outstanding memberships
entitled to vote at an election of Directors. However, unless
the entire Board is removed, an individual Director shall not be
removed unless the affirmative votes for his removal exceed or at
least equal the minimum number of votes required to elect a
Director under cumulative voting procedures. If a Director is
removed in the manner authorized above, a new Director may be
elected at the same meeting, subject to Article V, Section (I).
At all times not less than 20% of the incumbents on the Board of
Directors shall have been elected solely by votes of Members
other than Grantor. All voting shall be by secret written
ballot. The election of the Directors and officers of the
Association shall be made in accordance with the Bylaws of the
Association.
Subject to other provisions of the Declaration and to the
limitations of the Articles of Incorporation, the Bylaws and the
California Corporations Code as to action to be authorized or
approved by the members, all corporate powers shall be exercised
by or under the authority of, and the business and affairs of the
Association shall be controlled by the Board. The Association,
through its Board, may do any and all other acts and things that
a non-profit corporation is empowered to do, which may be
necessary, convenient or desirable in the administration of its
affairs. Without prejudice to such general powers but subject
to the same limitations, it is hereby expressly declared that the
Directors shall have the following powers and duties:
(a) Maintain such policy or policies of casualty,
liability, and, if applicable, fire, fidelity, earthquake and
flood insurance with respect to the Common Area as provided
herein in furthering the purposes of and protecting the interests
of the Association and Members as directed by this Declaration
and the Bylaws of the Association. The Association shall
continuously maintain in effect said insurance requirements as
established by any of the Federal Agencies so long as either is a
12
Mortgagee or Owner and/ or insures or guarantees a Mortgage
within the Properties, except to the extent such coverage is not
available or has been waived in writing by the foregoing
entities.
(b) Adopt, promulgate, add, revise, modify and amend
Architectural Standards, which are to be administered by the ARC.
(c) Enter upon any residential Lot within the Properties
without being liable to any owner, after Notice and Hearing
(pursuant to California Corporations Code Section 7341, or
similar California Code), for the purpose of enforcing by
peaceful weans the provisions of this Declaration, or for the
purpose of maintaining and repairing the Common Area, or the
Owner's Lot if for any reason whatsoever the Owner thereof fails
to maintain or repair his/her Lot as required by this
Declaration. The owner shall pay promptly all amounts due for
such work to the individual Owner's Lot, or said costs and
expenses of collection may be levied, at the option of the Board
of Directors, against the applicable Owner(s) as a Special
Assessment.
(d) Have the power and duty to enforce or seek enforcement
of this Declaration, the Articles of Incorporation and Bylaws of
the Association and the rules and regulations adopted by the
Board.
(e) Have the power to establish and maintain an operating
fund and a reserves fund in amounts to be determined by the
Board of Directors of the Association.
(f) Select and remove all the officers, agents and
employees of the Association; prescribe such powers and duties
for them as may not be inconsistent with law, the Articles of
Incorporation, the Bylaws or the Declaration; and delegate any of
its powers hereunder to others, including committees, officers,
agents and employees.
(g) Conduct, manage and control the affairs and business of
the Association, and to make such rules and regulations, pursuant
to Article XVII herein, not inconsistent with law, the Articles
of Incorporation, the Bylaws or the Declaration.
(h) Contract and pay for any and all maintenance,
gardening, utilities, materials, supplies and services relating
to the Common Area, and to employ personnel necessary for the
operation and maintenance of the same, including legal and
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accounting services; provided, however, that the term of any
contract for a third person for supplying goods or services to
the Common Area or for the Association shall not exceed a term
of one (1) year unless a longer term is approved by a majority of
the voting power of the Association residing in Members other
than Grantor, except that (i) a contract with a public utility
company, for materials or services, the rates of which are
regulated by the Public Utilities Commission, may exceed a term
of one (1) year so long as it does not exceed the shortest term
for which the public utility will contract at the regulated rate;
(ii) a contract for prepaid casualty and/or liability insurance
policies covering the Common Area may be for a term not to exceed
three (3) years, provided that the policy permits short rate
cancellation by the Association; (iii) a lease agreement for
laundry room fixtures and equipment of not to exceed five (5)
years duration provided that the lessor under the agreement is
not an entity in which Grantor has a direct or indirect
ownership interest of ten percent (10%) or morel (iv) an
agreement for cable television services and equipment or
satellite dish television services and equipment of not to exceed
five (5) years duration provided that the supplier is not an
entity in which the Grantor has a direct or indirect ownership
interest of ten percent (10%) or more; (v) a management contract,
the terms of which have been approved by the U. S. Department of
veterans Affairs, or Federal Housing Administration, when
applicable, may exceed a term of one (1) year, but not to exceed
three ( 3 ) years; and (vi) an agreement for the sale or lease of
burglar alarm and fire alarm equipment, installation and services
of not to exceed five (5) years duration provided that the
supplier or suppliers are not entities in which the Grantor has a
direct or indirect ownership interest of ten (10%) percent or
more. Anything contained herein to the contrary notwithstanding,
the Board shall not terminate professional management of the
Properties and assume self-management without the prior written
approval of those parties described in Article XIII, Section
(f). Any agreement for management of the Properties, or
contract providing for services by the Grantor, shall be
terminable without cause or payment of a termination fee on
thirty (30) days' written notice. No contract with the
Association negotiated by Grantor shall exceed a term of one (1)
year.
(i) Pay any taxes and governmental special assessments which are
or could become a lien on the Common Area or any portion thereof.
(j) Elect the officers of the governing body.
14
(k) Fill the vacancies of the governing body except for a vacancy
created by the removal of a Director from the governing body, which
the latter will require the vote or written assent of a Majority of
the voting power of the Association residing in Members other than the
Grantor to fill such vacancy.
(1) Maintain, repair and otherwise manage the Common Area
and all facilities, improvements and landscaping thereon in
accordance with the provisions of this Article V and Article IX
of this Declaration. Said maintenance and repair requirement
shall include, but not limited to, the Common Area sprinkler
system, and the Common Area street lighting. The responsibility
of the Association to maintain the Common Areas and landscaping
shall commence immediately on the date of the commencement of
annual Common Assessments.
(m) obtain and pay, for the benefit of the Properties,
all commonly metered utilities services (including, but not
limited to, the electrical costs of the common street lighting),
all common-use refuse collection (including payment of the
common-use refuse collection), and may provide for cable or
master television service (if any), as necessary. Each Unit shall
be individually metered so as to separately measure the utility
service usage for each Unit.
(n) Grant easements, rights of way, or strips of land,
where necessary, for utilities facilities on, over, and under the
Common Area to serve the Common Area and the residential Lots.
(o) With the vote or written assent of the majority of the
voting power of the Association residing in Members other than
the Grantor: to incur aggregate expenditures for capital
improvements to the Common Area in any fiscal year in excess of
five percent (5%) of the budgeted gross expenditures of the
Association for that year; to borrow money and incur indebtedness
for the purposes of the Association; to sell during any fiscal
year, property of the Association having an aggregate fair market
value greater than five percent (5%) of the budgeted gross
expenses of the Association for that fiscal year; and to cause to
be executed and delivered, in the corporate name, promissory
notes, bonds, debentures, deeds of trust, mortgages, pledges,
hypothecations or other evidences of debt and securities
therefor.
(p) Prepare budgets and financial statements for the
Association as provided in the Bylaws and Article XVI of this
Declaration.
15
(q) Prosecute or defend, in the name of the Association,
any action affecting or relating to the Common Area, and any
action in which all or substantially all of the Owners have an
interest.
(r) Reimburse directors and officers of the Association for
expenses incurred in carrying out the business of the
Association. However, neither the directors nor the officers
shall receive any monetary compensation for their services except
upon the consent of a majority of the voting power of the
Association other than Grantor.
(s) Initiate and execute disciplinary proceedings against
members of the Association for violations of the provisions of
the Articles of Incorporation and Bylaws of the Association, this
Declaration and the rules and regulations adopted by the Board
pursuant to Article XVII.
(t) Make available to any prospective purchaser of a Lot,
any Owner of a Lot, any Mortgagee and the holders, insurers and
guarantors of a first mortgage on any Lot, current copies of this
Declaration, the Articles and Bylaws and the rules and
regulations of the Association, any amendments thereto, and all
other documents, books, records and financial statements of the
Association. The Board can charge a reasonable fee to cover the
cost of producing said documents.
(u) Permit utility suppliers to use portions of the Common
Area which are reasonably necessary to the ongoing development
and operation of the Properties.
(v) Disclose information in accordance with section 1368 of
the California Civil Code or similar codes as hereinafter
enacted.
(w) The Association shall have standing to institute,
defend, settle or intervene in litigation, arbitration,
mediation, or administrative proceedings in its own name as the
real party in interest and without joining with it individual
Owners of Lots, in matters pertaining to (i) enforcement of this
Declaration, Articles and Bylaws of the Association, and the
Rules and Regulations of the Association, (ii) damages to the
Common Areas, and (iii) damages to other properties and
improvements that the Association is obligated to maintain or
repair.
16
" J.ZY •C
Section ,L. Creation 2L =g Lige gnd Personal Obligation Sof
Assessments. Grantor, for each Lot owned within the Properties,
hereby covenants, and each Owner of any Lot by acceptance of a
deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association
(1) annual Common Assessments for the Common Expenses, (2)
Special Assessments, (3) Reconstruction Assessments and (4)
Capital Improvement Assessments; such assessments to be
established and collected as hereinafter provided. Such
assessments, together with interest, costs and reasonable
attorneys' fees for the collection thereof, shall be a charge on
the Lot and shall be a continuing lien upon the Lot against which
such assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys' fees, shall also be the
personal obligation of the Person who was the Owner of such
property at the time when the assessment fell due. Subject to
the provisions of this Declaration protecting first Mortgagees,
the personal obligation for the delinquent assessments shall pass
to the successors -in -title of such Owner. The Board of Directors
shall establish no fewer than two (2) separate accounts (the
"Association Funds") into which shall be deposited all monies
paid to the Association, and from which disbursements shall be
made, as provided herein, in the performance of functions by the
Association under the provisions of this Declaration. The
Association Funds shall include; (1) an operating Fund for
current expenses of the Association, and (2) a Common Area
Reserve Fund for replacements, painting and repairs (which would
not reasonably be expected to recur on an annual or less frequent
basis) of the major components of the Common Area and facilities
which the Association is obligated to maintain. With the
exception of the transfer of funds pursuant to Section 4 of
Article XVI of this Declaration, The Board of Directors shall not
co -mingle any amounts deposited into any of the Association Funds
with one another. Withdrawal of funds from the Association's
Common Area Reserve Fund account shall require the signatures of
either (1) two members of the Board of Directors, or (2) one
member of the Board of Directors and the Treasurer of the
Association.
SQctiQn 2. Puraose Qf, C9AMII Assessments. The Assessments levied
by the Association shall be used exclusively to promote the
common health, safety, benefit, recreation and welfare of the
17
Owners and for the improvement and maintenance of the Common Area
as provided herein. However, disbursements from the Common Area
Reserve Fund shall be made by the Board of Directors only for the
specific purposes specified in Section 1 of this Article VI.
Disbursements from the Operating Fund shall be made by the Board
of Directors for such purposes as are necessary for the discharge
of its responsibilities herein for the common benefit of all of
the Owners, other than those purposes for which disbursements
from the Common Area Reserve Fund are to be used. Nothing in
this Declaration shall be construed in such a way as to permit
the Association to use any Assessments to abate any nuisance or
annoyance emanating from outside the boundaries of the
Properties. Nothing contained herein shall limit, preclude or
impair the establishment of additional Association Funds by the
Association, so long as the amounts deposited into any such Fund
are earmarked for specified purposes authorized by this
Declaration.
Section I. Camgn Assessment. Until the first day of the fiscal
year immediately following the conveyance of the first improved
Lot in the Properties to an Owner, the maximum Common Assessment
shall be the amount stated in the Final Subdivision Public Report
for the Properties issued by the California Department of Real
Estate.
(a) From and after the first day of the fiscal year
immediately following close of escrow for the sale of the first
Lot within the Properties to an Owner, the maximum annual Common
Assessment may be increased by the Board, each year, by not more
than twenty (20%) percent above the maximum annual Common
Assessment for the previous year unless the Board has complied
with Section 1365(x) of the California Civil Code, or has
obtained the approval of the Owners, constituting a "Quorum",
casting a majority of the votes at a meeting or election of the
Association conducted in accordance with Chapter 5 (commencing
with Section 7510) of Part 3 of Division 2 of Title 1 of the
California Corporations Code and Section 7613 of the California
Corporations Code. The terga, "Quorum", shall mean more than fifty
percent (50%) of the Owners holding membership within the
Association.
(b) From and after January 1st of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual Common Assessment may be increased above twenty
(20%) percent of the maximum annual Common Assessment for the
previous year with the Board complying with Section 1365(a) of
the California Civil Code,or having obtained the approval of the
18
Owners, constituting a "Quorum", casting a majority of the votes
at a meeting or election of the Association conducted in
accordance with Chapter 5 (commencing with Section 7510) of Part
3 of Division 2 of Title 1 of the California Corporations Code
and Section 7613 of the California Corporations Code. The term,
"Quorum", shall mean more than fifty percent (50%) of the owners
holding membership within the Association.
(c) The limitation on percentage increases of the annual
Common Assessment shall not limit assessment increases for the
following emergency situations:
courts (i) An extraordinary expense required by an order of a
(ii) An extraordinary expense necessary to repair or
maintain the Common Area or other areas which the Association is
obligated to maintain where a threat to personal safety on said
areas is discovered;
(iii) An extraordinary expense necessary to repair or
maintain the Common Area or other areas which the Association is
obligated to maintain that could not have been reasonably
foreseen by the Board in preparing and distributing the annual
operating budget pursuant to Article XVI. However, prior to the
imposition or collection of an assessment under this subsection,
the Board shall pass a resolution containing written findings as
to the necessity of the extraordinary expense involved and why
the expense was not or could not have been reasonably foreseen in
the budgeting process, and the resolution shall be distributed to
the members with the notice of the assessment.
(d) The Board of Directors may fix an annual Common
Assessment at Can amount not in excess of the maximum allowed.
Section JS. Assessment. In addition to the Common
Assessment authorized above, the Board may levy a Special
Assessment, against selected Owners to reimburse the Association
for costs incurred in bringing said selected Owners and their
subdivision interest into compliance with the provisions of this
Declaration and the Articles, Bylaws and the Rules and
Regulations of the Association.
Section A. Reconstruction Assessment and vital Im2rovement
Assessment. In addition to the Common Assessment authorized
above, the Board may levy, in any fiscal year, a Reconstruction
19
Assessment or Capital Improvement Assessment applicable to that
year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement
of the Common Area; provided, however, that in any fiscal year,
the Board may = levy a Reconstruction Assessment nor Capital
Improvement Assessment to defray the costs of any action or
undertaking on behalf of the Association which in the aggregate
exceeds five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year without the approval of the
owners, constituting a "Quorum", casting a majority of the votes
at a meeting or election of the Association conducted in
accordance with Chapter 5 (commencing with Section 7510) of part
3 of Division 2 of Title 1 of the California Corporations Code
and Section 7613 of the California Corporations Code. The term,
"Quorum", shall mean more than fifty percent (50%) of owners
holding membership within the Association.
Section ft. P nj; 21 Assessments Iy mentor. The Grantor shall
Pay all assessments levied by the Association against any Lot
owned by Grantor at the same time, in the same manner, and in the
same amounts as any other Owner of a Lot within the Properties.
Section 7. uniform Rate Q,f, Assessment. Common Assessments,
Special Assessments, Capital Improvement Assessments and
Reconstruction Assessments provided for in this Article VI must
be fixed at a uniform rate for all Lots within the Properties;
provided, however, that the Board may levy Special Assessments
against selected Owners pursuant to Section 4 of this Article VI.
All installments of Common Assessments shall be collected in
advance on a regular monthly basis by the Board or its appointed
agent. The assessments shall be levied against each Owner
according to the ratio of the number of Lots owned by the Owner
assessed to the total number of Lots subject to assessments.
Sectign J. Date 2L CoMMnncement Qf Common Assessments. The
annual Common Assessments provided for herein shall commence as
to all Lots on the first clay of the month following the close of
escrow for the conveyance of the first improved Lot within the
Properties pursuant to a Final Subdivision Public Report. The
Board of Directors shall fix the amount of the Common Assessment
against each Lot.
Section .1. Calculation 4$ Cogmon Asses. The Board shall
determine and fix the amount of the Common Assessment against
each Lot and distribute same to all Owners not less than 45 days
nor more than 60 days prior to the beginning of the Association's
fiscal year pursuant to Article XVI of this Declaration. The
20
Board shall estimate the total Common Expenses to be incurred by
the Association for such forthcoming assessment period in
determining the amount of the Common Assessment. written notice
of the Common Assessment shall be sent to every Owner subject
thereto.
Section JQ. Payment QL Asses ms ent. The due dates shall be
established by the Board. Any assessment not paid within fifteen
(15) days after the due date shall hg, delingugnt. If an
assessment is delinquent, the Association may charge a late fee
not exceeding ten percent (10%) of the delinquent assessment or
ten dollars ($10.00), whichever is greater. The Association may
also charge the reasonable costs of collection, including
attorneys' fees, and interest on all sums imposed pursuant to the
terms of this Declaration, at an annual rate of twelve percent
(12%) interest, or such percentage rate of interest authorized by
California Civil Code Section 1366 as modified from time to time.
The interest charge shall accrue commencing thirty (30) days
after the assessment becomes due.
The Association shall, upon demand and for a reasonable charge,
furnish a certificate signed by an officer or authorized
representative of the Association, setting forth whether the
assessments on a specific Lot have been paid. A properly
executed certificate of the Association as to the status of
assessments against a Lot is binding upon the Association as of
the date of its issuance.
Each annual Common Assessment shall constitute an aggregate of
separate assessments for each of the Association Funds,
reflecting an itemization of the amounts assessed and
attributable to prospective deposits into the Common Area Reserve
Fund, the Operating Fund and any other Association Maintenance
Fund established by the Association. If the estimated sums prove
inadequate for any reason, including nonpayment of any Owner's
annual Common Assessment, the Board may, at any time, levy
supplemental Common Assessments, subject to the provisions of
Section 3 of this Article, for any of the Association Funds which
shall be assessed equally against the Owner of each Lot in the
Properties.
Each Common Assessment installment is to be paid in full by the
Owner to the Association in one check. in the event that any
installment of a Common Assessment payment is less than the
amount assessed, subject to Article VII of this Declaration, the
funds received by the Association from that Owner shall be
credited in order of priority first to the Operating Fund, until
that portion of the Common Assessment has been satisfied, and
second to the Common Area Reserve Fund.
21
Section 11. Zxgj" Property. The following property subject to
this Declaration shall be exempt from the assessments herein:
(a) All Properties dedicated to and accepted by a public
authority; and
(b) Common Area property;
Section 12L.. Notice 2L Increase in Assessment. The Association
shall provide notice by first-class mail to each Owner of any
increase in the assessments of the Association, not less than
thirty (30) nor more than sixty (60) days prior to the increased
assessment becoming due.
Section 1. Effect o€ Non2ayment Qf Assessments: Notice gJ
Assessment. There is hereby created a claim of lien, with power
of sale, on each and every Lot to secure payment to the
Association of any and all assessments levied against any and all
Owners of such Lots pursuant to this Declaration, together with
interest thereon as provided for in this Declaration, and all
costs of collection which may be paid or incurred by the
Association in connection therewith, including reasonable
attorneys' fees. All Liens for assessments against an Owner are
subordinate to the first Mortgage against the subdivision
interest of said Owner. At any time after the occurrence of any
delinquency in the payment of such assessment, the Board or any
authorized representative thereof may make a written demand to
the delinquent Owner(s) for payment. Said demand shall state the
due date and amount of the delinquency. Each delinquency shall
constitute a separate basis for a demand or claim of lien or a
lien, but any number of defaults may be included within a single
demand or claim of lien and any demand or claim of lien or lien
on account of prior delinquencies shall be deemed to include
subsequent delinquencies and amounts due on account thereof. If
such delinquency is not paid within ten (10) days after such
demand, the Board or its duly authorized representative may
thereafter record a Notice of Delinquent Assessment ("Notice") on
behalf of the Association against the Lot of the defaulting
Owner in the Office of the County Recorder. Said Notice shall
22
state all amounts which have become delinquent with respect to
such Lot and the costs (including attorney's fees) and interest
which have accrued thereon, the aaount of any assessments
relating to such Lot which are due and payable although not
delinquent, a legal description of the Lot with respect to which
the delinquent assessments are owed, and the name of the record
or reputed record owner of such Lot, and the name and address of
the trustee authorized by the Association to enforce the lien by
public sale. Such Notice shall be signed by an officer of the
Association or authorized representative thereof. Immediately
upon recording of any Notice of delinquency pursuant to the
foregoing provisions of this Section, the amounts delinquent, as
set forth in such Notice, together with the costs (including
attorney's fees) and interest accruing thereon, shall be and
become a lien upon the Lot described therein, which lien shall
secure all other payments, and/or assessments which shall become
due and payable with respect to said Lot following such
recording, and all costs (including attorney's fees) and interest
accruing thereon. Said lien shall continue for a period of one
(1) year unless extended for a period of an additional year by
the recording of a written extension by the Association. Said
lien on each respective Lot shall be prior and superior to all
other subsequently recorded liens, except (i) all taxes, bonds,
assessments and other levies which, by law, would be superior
thereto, and (ii) the lien or charge of any first Mortgage of
record. No owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Common Area or
abandonment of his/her Lot.
Section 1. Foreclosure Sale. Each assessment lien may be
enforced in any manner permitted by law, including sale by the
Court, sale by the trustee designated in the Notice of Delinquent
Assessment, or sale by a trustee substituted pursuant to
California Civil Code Section 2934(a). The assessment lien may
be foreclosed, subject to Section 6 of this Article VII, as and
in the same manner as the foreclosure of a mortgage upon real
property under the laws of the State of California, or may be
enforced by sale pursuant to Sections 1367, 2924, 2924(x),
2924(b), 2924(c) and 2924(f) of the California Civil Code, and to
that end a power of sale is hereby conferred upon the
Association. The Association, acting on behalf of the Owners,
shall have the power to bid for the Lot at a foreclosure sale,
and to acquire and hold, lease, mortgage and convey the same.
The Association is authorized to accept a deed in lieu of
foreclosure.
23
section 2. Curing p„L Default. Upon the timely curing of any
default for which a Notice of Delinquent Assessment was filed by
the Association (which includes full payment of all delinquent
assessments, all costs including attorney's fees, and all
interest which has accrued on such delinquent assessments), the
Board or its duly authorized representative shall record an
appropriate Release of Lien. A certificate executed and
acknowledged by the Board or its duly authorized representative
stating the indebtedness secured by liens upon any Lot created
hereunder has been paid shall be conclusive upon the Association
and the Owners as to the amount of such indebtedness as of the
date of the certificate, in favor of all persons who rely thereon
in good faith.
Section A. Cumulative Remedy. The assessment liens and the
rights to foreclosure and sale thereunder shall be in addition to
and not in substitution for all other rights and remedies which
the Association and its assigns may have hereunder and by law.
Suit to recover a money judgment for unpaid assessments and
attorney's fees shall be maintainable without foreclosing or
waiving the lien securing same.
Section ,Ij• Mortgage Protection. All liens for assessments
against an Owner are subordinate to the First Mortgage against
the subdivision interest of said Owner. Notwithstanding all
other provisions hereof, no lien created under this Article VIZ,
nor any breach of this Declaration, nor the enforcement of any
provision hereof shall defeat or render invalid the rights of the
beneficiary under any recorded First Mortgage or First Deed of
Trust upon a Lot. Transfer of a subdivision interest as the
result of judicial foreclosure of a First Mortgage or First Deed
of Trust or by the exercise of the power of sale as set forth in
a First Deed of Trust shall extinguish the lien of assessments
which were due and payable prior to the actual transfer of the
subdivision interest, provided however, that after such
Beneficiary or other Person obtains title to such Lot by judicial
foreclosure or by exercise of the power of sale as set forth in
such Deed of Trust, such Lot shall remain subject to the
Declaration and to the payment of all installments of assessments
accruing subsequent to the date such Beneficiary or other Person
obtains title.
Section 1. Monetary Renal y. A monetary penalty imposed by the
Association as a disciplinary measure for failure of a member to
comply with the governing instruments or as a means of
reimbursing the Association for costs incurred by the Association
24
in the repair of damage to the Common Area for which the member
was allegedly responsible or in bringing the member and his
subdivision interest into compliance with the governing
instruments may not be characterized nor treated in the governing
instruments as an assessment which may become a lien against the
member's subdivision interest enforceable by a sale of the
interest in accordance with the provisions of Sections 2924,
2924(a), 2924(b), 2924(c) and 2924(f) of the Civil Code.
The provisions of this Section 6 do not apply to charges imposed
against an owner consisting of reasonable late payment penalties
for delinquent assessments and/or charges to reimburse the
Association for the loss of interest and for costs reasonably
incurred (including attorneys' fees) in its efforts to collect
delinquent assessments.
If there exists a conflict between the terms of this Article VII,
Section 6, and any other provision of this Declaration, this
Article VII, Section 6 will prevail.
ARTICLE VIII
Section 1. Members gf Committee. The Architectural Review
Committee, sometimes referred to in this Declaration as the
"ARC", shall consist of three (3) members. The initial members
of the ARC shall be representatives of Grantor. Subject to the
following provisions, Grantor shall have the right and power at
all times to appoint and remove a majority of the members of the
ARC or to fill any vacancy of such majority until the "turnover
date" which shall be the date on which either: (1) ninety (90%)
percent of the Lots subject to this Declaration have been sold
and the deeds recorded ("close of escrow"), or (2) three (3)
years following the date of issuance of the Final Subdivision
Public Report for the Properties, whichever occurs earlier.
Commencing one (1) year from the date of the close of escrow for
the sale of the first Lot in the Properties to a purchaser (other
than a developer) from Grantor, the Board shall have the power to
appoint one (1) member to the ARC, until the turnover date.
Thereafter, the Board shall have the power to appoint and remove
all of the members of the ARC. Persons appointed to the ARC by
the Board shall be from the membership of the Association, but
persons appointed to the ARC by Grantor need not be members of
25
the Association. The ARC shall have the right and duty to adopt
and promulgate reasonable architectural and landscaping standards
("Arn i tectura 1 Standards") ) against which to examine any request
made pursuant to this Article. The ARC may designate and appoint
a representative who is a licensed architect and a majority of
the members of said ARC may, from time to time, remove or replace
such representative. The designated representative of the ARC
may be, but need not be, a member of the ARC. Such
representative must be consulted prior to disapproval of any
plans by the ARC, but the decision of the ARC with respect to the
approval or disapproval thereof shall be final.
Section .y. Review Q,g plans Md Specifications. The ARC shall
consider and act upon any and all plans and specifications
submitted for its approval under this Declaration and perform
such other duties as from time to time shall be assigned to it by
the Board, including the inspection of construction in progress
to assure its conformance with the plans approved by the ARC. No
construction, alteration, addition, modification, decoration,
redecoration or reconstruction of an improvement in the
Properties shall be commenced or maintained until the plans and
specifications therefor showing the nature, kind, shape, height,
width, color, materials and location of the same shall have been
submitted to the ARC and approved in writing by the ARC. The ARC
shall approve plans and specifications submitted for its approval
only if it deems that the construction, alterations or additions
contemplated thereby in the locations indicated will not be
detrimental to the appearance of the surrounding area of the
Properties as a whole, that the appearance of any structure
affected thereby will be in harmony with the surrounding
structures, and that the construction thereof will not detract
from the beauty, wholesomeness and attractiveness of the
Properties and that the upkeep and maintenance thereof will not
become a burden on the Association.
Each Owner of the Dwelling Units shall be responsible for the
exterior surface maintenance, painting, repair and replacement of
their specific Dwelling Unit, subject to prior approval of ARC
for said exterior maintenance, painting, repair and replacement.
Written approval of ARC is required for color selection of the
exterior paint.
Plans and specifications for the installation of any
improvements, including but not limited to a solar heating
system, by an owner must be submitted to the ARC for approval
prior to said installation. The ARC shall reasonably review and
grant its approval of said installation unless the proposed work
26
will harm the project or conflict with the general plan of the
development. All walls separating gelling Units from each other
shall provide air -borne sound insulation having a minimum rating
of 5o STC (Sound Transmission Class). All entrance doors to the
Dwelling Units shall be of solid construction and, together with
perimeter seals, shall have a minimum rating of 30 STC.
The ARC may condition its approval of proposals or plans and
specifications for any improvement upon: (1) such changes therein
as it deems appropriate, (2) the agreement by the Person
(referred to in this Section 2 as "applicant") submitting the
same to grant appropriate easements to the Association for the
maintenance of the improvement, or (3) the agreement of the
applicant to reimburse the Association for the cost of such
maintenance, or all three, and may require submission of
additional plans and specifications or other information prior to
approving or disapproving material submitted. The ARC may also
issue rules or guidelines setting forth procedures for the
submission of plans for approval, requiring a reasonable fee
payable to the Association to accompany each application for
approval, or additional factors which it will take into
consideration in reviewing submissions. The ARC may provide that
the amount of such fee shall be uniform, or that it be determined
in any other reasonable manner, such as by the reasonable cost of
the construction, alterations or additions contemplated. The ARC
may require such detail in plans and specifications submitted for
its review as it deems proper, including, without limitation,
floor plans, site plans, drainage plans, elevation drawings and
description or samples of exterior material and colors. Decision
of the ARC and the reasons therefor shall be transmitted by the
ARC to the applicant at the address set forth in the application
for approval, within thirty (30) days after receipt by the ARC of
all materials required by the ARC. Any application submitted
pursuant to this Section 2 shall be deemed approved, unless
written disapproval or a request for additional information or
materials by the ARC has been transmitted to the applicant within
thirty (30) days after the date of receipt by the ARC of such
application or additional information. In the event the plans and
specifications submitted to ARC are disapproved, the party making
such submission may appeal in writing to the Board. The written
appeal must be received by the Board not more than thirty (30)
days following the final decision of the ARC. The Board must
render its decision within forty-five (45) days following receipt
of said written appeal. The decision of the Board shall be final.
Any improvement approved by the ARC will still be subject to the
applicable County and/or City building and zoning ordinances,
regulations, and codes, the Uniform Building Code, and all other
applicable governmental ordinances, regulations, and codes.
27
;=tion 2. Meetings Qf tjl& 611C. The ARC shall meet from time to
time as necessary to perform its duties hereunder. The ARC may
from time to time, by resolution unanimously adopted in writing,
designate an ARC Representative (who may, but need not be one of
its members) to take action or perform any duties for and on
behalf of the ARC, except the granting of variances pursuant to
Section 8 of this Article VIII. In the absence of such
designation, the vote of any two (2) members of the ARC taken
without a meeting, shall constitute an act of the ARC.
Section A. Ma Waiver 9.f Future Approvals. The approval of the
ARC to any proposals or plans and specifications or drawings for
any work done or proposed or in connection with any other matter
requiring the approval and consent of the ARC, shall not be
deemed to constitute a waiver of any right to withhold approval
or consent as to any similar proposals, plans and specifications,
drawings or any matter whatever subsequently or additionally
submitted for approval or consent.
3=on 1. Compensation gj Members. The members of the ARC
shall receive no compensation for services rendered, other than
reimbursement for expenses incurred by them in the performance of
their duties hereunder.
Section A. Inspection 2f fig. Inspection of work and correction
of defects therein shall proceed as follows:
(a) Upon the completion of any work for which approved
plans are required under this Article VIII, the Owner shall give
written notice of completion to the ARC.
(b) Within sixty (60) days thereafter, the ARC or its duly
authorized representative may inspect such improvement. If the
ARC finds that such work was not done in substantial compliance
with the approved plans it shall notify the Owner in writing of
such noncompliance within such 60 day period, specifying the
particulars of noncompliance, and shall require the Owner to
remedy the same.
(c) If upon the expiration of thirty (30) days from the
date of such notification the Owner shall have failed to remedy
such noncompliance, the ARC shall notify the Board in writing of
such failure. After affording such Owner Notice and Hearing, the
Board shall determine whether there is a noncompliance and, if
so, the nature thereof and the estimated cost of correcting or
removing the same. If a noncompliance exists, the Owner shall
remedy or remove the same within a period of not more than
28
forty-five (45) days from the date of the announcement of the
Board ruling. If the owner does not comply with the Board ruling
within such period, the Board, at its option, may record a notice
of noncompliance with the office of the County Recorder and may
either peacefully remove the noncomplying improvement or
otherwise remedy the noncompliance, and the Owner shall reimburse
the Association, upon demand, for all expenses incurred in
connection therewith. If such expenses are not promptly repaid by
the Owner to the Association, the Board shall levy a Special
Assessment against such Owner for reimbursement. The right of
the Association to remove a noncomplying improvement or otherwise
remedy the noncompliance shall be in addition to all other rights
and remedies which the Association may have at law, in equity or
in this Declaration.
(d) If for any reason the ARC fails to notify the Owner of
any noncompliance within sixty (60) days after receipt of said
written notice of completion from the Owner, the improvement
shall be deemed to be in accordance with said approved plans.
Seg ion Z. Nonliability Qf AM Members. Neither Grantor, the
ARC nor any member of the ARC, the Board nor their duly
authorized representative shall be liable to the Association, or
to any Owner, for any loss, damage or injury arising out of or in
any way connected with the performance of the ARC's duties
hereunder, unless due to willful misconduct or bad faith of the
ARC. The ARC shall review and approve or disapprove all plans
submitted to it for any proposed improvement, alteration or
addition, solely on the basis of aesthetic considerations and the
overall benefit or detriment which would result to the immediate
vicinity and the Properties generally. The ARC shall take into
consideration the aesthetic aspects of the architectural designs,
placement of buildings, landscaping, color schemes, exterior
finishes and materials and similar features. The ARC's approval
or disapproval shall be based solely on the consideration set
forth in this Article VIII, and the ARC shall not be responsible
for reviewing, nor shall its approval of any pian or design be
deemed approval of any plan or design from the standpoint of
structural safety or conformance with building or other codes.
Section I, Variance. The ARC may authorize variances from
compliance with any of the architectural provisions of this
Declaration, including without limitation, restrictions upon
height, size, floor area or placement of structures, or similar
restrictions, when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental consideration
may require. such variances must be evidenced in writing, must
29
be signed by at least two (2) members of the ARC, and shall
become effective upon recordation in the Office of the County
Recorder. If such variances are granted, no violation of the
covenants, conditions and restrictions contained in this
Declaration shall be deemed to have occurred with respect to the
matter for which the variance was granted. The granting of such
a variance shall not operate to waive any of the terms and
provisions of this Declaration for any purpose except as to the
particular property and particular provision hereof covered by
the variance, nor shall affect in any way the Owner's
obligation to comply with all governmental laws and regulations
affecting his use of the premises, including but not limited to
zoning ordinances and lot set -back lines or other requirements
imposed by the applicable County and/or City, or any other
governmental authority.
Section 9. Initial Construction. The provisions of this Article
VIII shall not apply to the initial construction by Grantor of
any building structures or other improvements on the Properties,
and neither ARC, the Board nor any committee appointed by the
Board shall have any authority or right to approve or disapprove
thereof. Grantor is undertaking the work of construction of
residential Lots, the Common Area, and incidental improvements
thereon under a development plan. The completion of that work
and the sale, rental or other disposal of said residential Lots
is essential to the establishment and welfare of the planned
development as a residential community. No Owner nor the
Association shall do anything to interfere with Grantor's
undertaking as stated more fully in Article XIV of this
Declaration.
,,Y 0 K"ALI; Is 5,415 1s •
Section 1. Maintenance Obligations jaL owners. Subject to the
duty of the Association to provide for maintenance as provided in
Article IX, Section 2, of this Declaration, it shall be the duty
of each Owner, at his sole cost and expense, subject to the
provisions of this Declaration regarding Architectural Review
Committee approval, to maintain, repair, replace and restore
areas subject to his exclusive control, in a neat, sanitary and
attractive condition. Areas subject to the exclusive control of
30
an Owner shall be deemed to include, without limitation, the
Owner's Dwelling Unit, landscaping, yard areas, walkways and
other improvements on such owner's Lot and the driveway
ch eownergshall
vehicular access to the owner's Dwelling Unit. lliUnit
bear the costs of repair and maintenance of theirpests or organisms,
if damaged by the presence of wood -destroying Pe
In the event that any Owner shall permit any improvement or area,
which is the responsibility of such Owner to maintain, to fall
into disrepair or not to be so maintained son s to create a
unattractive
dangerous, obstructed, unsafe, unsightly o
condition, or to otherwise violate this Declaration, the Board
shall have either the right to seek any remedies at law or in
equity which it may have, and the right, but not the duty, after
Notice and Hearing, to enter upon such Owner's Lot to make such
repairs or to perform such maintenance, and the cost thereof
shall be charged to the owner. If said cost is not paid, the
Board shall levy a Special Assessment and shall create a lien
enforceable in the same manner as other assessments as set forth
in Article viz, section 2 of this Declaration.
No
• Maintenance O liCia ,ions 4�, � Assoc�a ion.
rat@..431 21.
improvement, excavation or work which in any way
alters the
Common Area from its existing state on the date any such area is
conveyed by Grantor to the Association shall be made or done by
any person other than the Association or its authorized agents.
Subject to the provisions of Section 1 of this Article, the
Association shall maintain, or provide for the maintenance of all
of the common Area and all improvements thereon, including, but
not limited to, the private streets, common Area lighting,
fencing, and landscaping, in good order and repair, and shall
likewise provide for all commonly metered utilities and the
painting, exterior maintenance and minor repair and replacement
. Each
as necessary for common Area facilities and
improvementsfencing
owner shall maintain, repair and replace the landscaping,
and other improvements located on his individual Lot. All of the
foregoing obligations of the Association shall be discharged when
and in such manner as the Board of Directors of the Association
shall determine in their judgment to be appropriate.
Section Damaare and Destruction Affectina Dwa> > im Units
t2 Rebuild. If all or any portion of any Dwelling Unit or
the improvements on any Lot are damaged or destroyed by fire or
other casualty, it shall be the duty of the applicable Owner of
said Lot or Dwelling Unit to rebuild, repair or reconstruct said
Dwelling Unit or improvement in a d conditioner which
immediately restore
prior
substantially to its appearance
31
to the casualty. The owner or owners of any damaged Dwelling
Unit or improvement shall be obligated to proceed with all due
diligence hereunder, and the responsible party shall commence
reconstruction within six (6) months after the damage occurs and
complete reconstruction within twelve usesbeyond their months f reasonaber ge
occurs, unless prevented by
control.
All real property within the Propertie=s shall be held, used and
enjoyed subjectto the exemption of Grantortin�
ons and restrictions,
and subject Article XIV hereof:
;aection 1. . i ale FAY, Rte, , e. Each Lot shall be developed
and used as a residence for a single Family and for no other
purpose.
Sectign Z..n„�, ness Qr me c; 1 A`'*-moity. No part of the
Properties shall ever be used or caused to be used or allowed or
authorized in any way, directly or indirectly, for any business,
commercial, manufacturing, mercantile, storage, vending or other
such nonresidential purposes; except Grantor, its successors or
assigns, may use any portion of the Properties for a model home
site, and display and sales office during the n$ tion uc(b)n and and
sales period in accordance with Article II,
Article XIV of this Declaration. The provisions of this Section
ons
2 shall not preclude professional and administrative occusPat$uch
without external evidence thereof, for so long
occupations are in conformance with the ordinances of the
applicablecounty itasa res dentialhom.
and/or
city
merely
eincidental to the
use of the Dwelling un
lection . Nuisance. No noxious or offensive activity
(including but not limited to the repair of motor vehicles) shall
be carried on, in or upon any Lot or the common Area, nor shall
anything be done therein which may be or become an unreasonable
annoyance or nuisance to any other owner. Without limiting the
generality of the foregoing provisions, no loud noises or noxious
odors, no exterior speakers, horns, whistles, bells or other
sound devices (other than security devices used exclusively for
security purposes), noisy or smokey vehicles, large power
equipment or large power tools, unlicensed off-road motor
32
vehicles or other items which may unreasonably interfere with
television or radio reception of any owner in Properties
rtiesr
shall be located, used or placed on any portion
f the
Properties, or exposed to the view of other owners without the
prior written approval of the ARC. The Board of Directors shall
have the right to determine in accordance with the Bylaws, if any
noise, odor, interference or activity producing such noise, odor
or interference constitutes a nuisance.
Section $. Sims. No sign, poster, display, billboard or other
advertising device of any kind shall be displayed to the public
view on any portion of the Properties or any Lot, withouteach
the
prior written consent of the ARC, except (a) one sign
forDwelling Unit, of not larger than eighteen (18) inches by thirty
(30) inches, advertising the Dwelling Unit for sale or rent, or
(b) signs, regardless of size, used by Grantor, its successors or
assigns, to advertise the Properties during construction and sale
period. All regulation thereof bo
ohas or ll conform o the and the conditions
requirementst
ed
for the regal of
all applicable governmental ordinances.
awtim r,. Aar t nm And Vehi� g t t� ons. No owner shall
park, store or keep on any property or street (public or private)
within the Properties any large commercial -type vehicle
(including, but not limited to, any dump truck, cement mixer
truck, oil or gas truck or delivery truck), any recreational
vehicle, any bus, trailer, boat, aircraft, mobile home,
inoperable vehicle or any other similar vehicle or any vehicular
equipment, mobile or otherwise, deemed to be a nuisance obasthe
Board, upon any unenclosed or unscreened parkin espace, aove excludes
to
be visible from anywhere in the Properties,
camper trucks and similar vehicles up to and including
three-quarter (3/4) ton, when used for everyday -type
transportation and subject to approval by the Board. No owner of
a Lot shall conduct major repairs or major restorations of any
motor vehicle, boat, trailer, aircraft or other vehicle upon any
portion of any Lot, except wholly within the owner's garage, and
then only when the garage door is closed; provided, however, t
hat
such activity shall at no time be permitted if it is determined
by the Board or its agent to be a nuisance. Garage doors shall
remain closed except for reasonable periods while the
h only and
es are
being used. Garages shall be used for garage purposes
shall not be converted to other uses. Vehicles owned, operated
or within the control of any owner shall be parked in the garage
of such owner to the extent of the space available therein, and
each Owls ► maintainedtsotas to necebe capablellofnsaccoure this/herhat
to thaccommodating
garage
33
least two (2) full-sized automobiles. Notwithstanding the
foregoing, these restrictions shall not be interpreted in such a
manner so as of the applicable County and/or City. which would
contrary to
any ordinance
Section
Rp$ ig ions. No insects, reptiles, poultry,
livestock,
or animals of any kind shawl � raised,
tse f,ish� birdsed or and
on any Lot, except usual and ordinary dogs,
other household pets, (excluding, without limitation equine, t on
bovine, sheep, swine, goats or other such animals) may P
Lots, provided that they are not kept, bred or maintained for
commercial purposes or in unreasonable quantities, nor in
violation of the rules and regulations adopted by the Association
as provided in the Bylaws. As used in this Declaration,
"unreasonable quantities" shall ordinarily mean more than two (2)
pets per household, provided, however, that the Association (or
the ARC or such other person or entity t sciation reasonable
may
from time to time designate) may determine tha
number in any instance may be more or less.
The Association, acting through the Board of Directors, shall
have the right to prohibit maintenance of any animal which
constitutes, in the opinion of the Board, a nuisance to any other
Owner. Animals belonging to Owners, occupants or their
licensees, tenants or invitees within the Properties must either
be kept within an enclosure, an enclosed yard or on a leash being
held by a person capable of controlling the animal. Furthermore,
any owner shall be absolutely liable to each and all r ma niny
ng
Owners, their families, guests, tenants and invitees,
unreasonable noise or damage to person or property caused by any
animals brought or kept upon the Properties by
an owner or
members of his family, his tenants or his guests; and it shall be
the absolute duty and responsibility of each
hoo the to clean
Properties. such animals which have used any portion
section I. Trash and . No rubbish, trash or garbage
or other waste material shall be kept or permitted upon any Lot
or common Area, except in sanitary containers located in
appropriate areas screened and concealed from view, and no odor
shall be permitted to arise therefrom so as to render
the
Properties, or any portion thereof, unsanitary, un
offensive or detrimental to any other property in the vicinity
thereof or its occupants. Such containers shall be exposed to
the view of neighboring Lots only when set out for a reasonable
period tnd after
trashncoll ction hours) twelve here shall be[121 hours before a
(ot to exceed no exterior
scheduled ed
34
fires whatsoever except barbeque fires contained within
receptacles therefor and that do not create adried orzaired Nn
clothing or household fabrics shall be hung,
such a way within the Properties as to be visible to other
property, and no lumber, g
rass, shrub or tree clippings or plant
waste, metals, bulk material or scrap or refuse or tionsh shall
a ltbhee
kept, stored or allowed to accumulate on any Po appropriately
Properties except within an enclosed. structure or appro p
screened from view. There shall be no unenclosed outdoor storage
within a Lot nor the Common area that is visible from a street
within the Properties.
section $ . View nttr��cti ons .
a Lot hereby acknowledges that
by Grantor may impair the view
to such impairment.
Each owner by accepting a deed to
any construction or installation
of such owner and hereby consents
»i dings. No outbuilding, basement,
� lon 2. memno ar �
shack, shed or other temporary building or improvement of any
kind shall be placed upon any portion of the Properties whether
temporarily or permanently. No garage, trailer, camper, motor
home or recreation vehicle shall be used
permanently.asa residence in the
Properties, either temporarily o
section 12. common tea. Nothing shall be altered or
constructed in or removed from the Common area except upon the
written consent of the Association.
Ou s� ���-ltions. No radio or shortwave
section 1.1.. —
a►
station, nor exterior radio or "C.B." antennae, of any kind shall
be operated from any Lot or Dwelling Unit. No fence or wall
shall be erected, altered or maintained
ovala n the on an and applicable
Lot in the
Properties, except with prior app cabl
City/County governmental authority. all roof appurtenances,e
b
including but not limited to air conditioning, shall libe
architecturally integrated to the design of the app
ations an
Dwelling Unit and Project, pursuant to the regulovernmental-
ordinances of the ARC and the applicable City/County g
authority.
&Qg ion 12. l,,,WCA=g Rates. Nothing shall be done or kept in
the Properties which will increase the rate of insurance on any
property insured by the association without the approval of the
Board, nor shall anything be done or kept in the Properties which
would result in the cancellation of insurance on any property
insured by the Association or which would be in violation of any
law.
35
Drilling. No oil drilling, oil development
5ecti2n la - tarrying or wining operations of any
operations, oil refining, q
kind shall be permitted upon or in any Lot within the Properties,
nor shall oil wells, tanks, tunnels or mineral excavations or
shafts be permitted upon the surface of any Lot or within five
hundred fifty (550 0) feet below the surface of the Properties.
No derrick or other structure designed for use in boring for oil,
water or natural gas be erected, maintained or permitted
upon any Lot of theProperties.
� on 1.4.• F.ur� l1bd; vision. No owner shall further
�ial Lot within the Properties;
partition or subdivide his residentto
provided, however, that this provision tenrent or notshall be
all or Jany
limit the right of an owner (1)
portion of his Lot by means of a written lease or rental
o the restr
agreement subject tictions of this Declaration, asso
long as the Lot is not leased for transient or hotel amore
(2) to sell his Lot; or (3) to transfer or sell any joint
than one person to be held by them as tenants-in-common, The
tenants, tenants by the entirety or as community p Pe y•
terms of any such lease or rental agreement shall be subject in
all respects to the provisions of this Declaration and the Bylaws
of the Association, and any failure by the lessees of such Lot to
comply with the terms of this Declaration or the Bylaws of the
Association shall constitute a default under the lease. Any such
lease which is either for a period of less than thirty (30) days
or pursuant twhichthe lessor
operation shall rovides be services
to normally
afor
associated with
transient or hotel purposes.
Section 11. Dra;naae. There shall be no interference with ltehe
established drainage pattern over any Lot within the Prope
unless an adequate alternative provision is made for proper
drainage and is first approved by the ARC in accordance For the
he of the applicable County and/or City.
purposes hereof, "established" drainage is defined as the
drainage which exists at the time that such Lot is conveyed to a
lens
purchaser from Grantor, or that which is shown on any p
approved by the ARC, which may include drainage from the Common
Area over any Lot or Lots in the Properties. Each Owner, with
respect to his Lot, and the Association with respect to the
Common Area, shall have the right to use the established drainag
pattern and system for the purpose of draining their respective
Lots and improvements thereon; provide that such right of
drainage shall not include the right to discharge noxious or
offensive matter.racross, andwner uponshall have an easement right
drainage over,
adjacent Lots for water resulting
,
36
nLots
ant to
aid
from the normal use of adjowater from any Lot s
Lot and the
established drainage plan•
in
improvements thereon maor flow into adjacent streets.
y draent
Water shall note be t lorovided df or byrain rtheoestablishw onto edcdrainage
except to the P
pattern and system. All slopes or terraces on any Lot shall be
ime such Lot is initially
maintained as provided thereon at the t
erosion thereof
conveyed to a purchaser, so as to prevent any
upon adjacent streets or adjoining properties.
I&.tiliU ;iyAtSM•
No individual water supply, sewage disposal system or water softener system shall be permitted on
any Lot in the Properties ;nipped such accordance withthe
located, constructed and equipp applicable
requirements, standards and recommendations of any pp
water district, tovernment 1 a thornier tment, the ARC and all
other applicable g
pec_ tion �,Z. bAnds ;Ding r�atAliAtion. within ninety (90) days
following the close of escrow for the sale of a Lot from Grantor
to a purchaser, the Owner shall plant lawns or otherwise
landscape his Lot in a neat and attractive condition, Ain
accordance with a landscape plan approved in writing by
pursuant to Article VIII of this Declaration. Said plan shall
call for a predominance of living vegetation and shall include
landscaping sufficient to prevent drainage or flow of water from
said Owner's Lot onto any adjacent Lot or Common Area (except as
provided by the established drainage pattern for the Properties).
All vegetation on the Lots shall be irrigated, fertilized and
maintained regularly. In the event of the failure of an Ownertto
comply with any of the requirements of this Section,
Association, acting through its authorized agents, shall have the
right to enter upon such Owner's Lot after Notice and Hearing and
do all things necessary to place such Lot and the landscaping
thereon in compliance with the requirements of this st Section.
n or
Any
expenses in connection with such entry,
latio
landscaping or other required activities shall be reimbursed to
the Association as a Special Assessment which shall become a lien
upon the Lot of the offending Owner, in the manner provided in
Article VII of this Declaration and subject to Section 7 of said
Article VII.
lection 1$,.
vi c,1 ati on 21 g&yArnina Instruments. There shall be
no violation of the restrictions of this Declaration or of the
rules and reegu ati ns off thils Declaration adifteny n owner, hnce
is
with Art XVII
37
family, guest, licensee, lessee or invitee violates any such
restrictions, or the Association rules, the Board may impose a
reasonable special Assessment in the form of a monetary penalty
upon such Owner for each such violation and may suspend the
privileges of such Owner subject to Article VII, Section
voting p pursuant
6. The Hoard shall give such Owner Notice and Hearing, pu
to California CorporajiOn
or suspension. Section
ec ion 7341, before invoking
such special As
Sect m 12. F chuent• Each Lot within the Properties is
roac
hereby declared to have an easementcraachm er nt dueo to engineering
the purpose of accommodating any
errors, errors in original construction, setement o or Mother
of the building roof overhangs, other cause.
appendages, drainage of rainwater from roofs, or any
There shall be valid eases y shall exist, for the and the crights e of sand
encroachments so long as they way b said
obligations of owners shall not be altered in, howr
eve, that in
encroachments, settlement or shifting; p
no event shall a valid easement for encroachment be created in
roachment occurred due to
favor of an Owner or owners if said enc
the willful misconduct of said Owner or owners. In theand event a
structure on any Lot is partially or totally destroyed
repaired or rebuilt, the owners of each Lot agree that minor
encroachments over adjoining Lots shall be permitted, and that
there shall be valideasements
shafor
exist. e maintenance of said
encroachments so long as
9
Damage to, destruction or condemnation of all or any portion of
the Properties shall be handled in the following manner:
(a) In the event of damage or destruction to the Common
Area, the Association shall cause such damage or destruction of
the Common Area to be repaired and reconstructed substantially as
it previously existed.
if there exists insufficient Association Reserve
Association
insufficient insurance proceeds, if any,
then shall raise the necessary funds by levying equal Reconstruction
Assessments against all Lots.
38
(b) Each Lot owner shall be liable to the Associati on
for
any damage to the Common Area, which may be sustained by
of the negligence or willful misconduct of said Lot owner or the
Persons deriving their
rsaid Lot owner,�or, his respectivent of use and jfa enjoyment
of the Common Area
and guests, both minor and adult. In
eraseof joint
os
of a Lot, the liability
ofth joint and
pursuant to California
several. After Notice and Hearing, p
Corporation Code section 7341, the cost of correcting such damage
be
shall be a Special Assessment against the Lot and may
collected as provided herein for the collection of Common
Assessments.
(c) If at any time all or any portion of the common P lic
or any interest therein, be taken for any public or Q s
use, under any statute, by right of eminent domain or by private
ondemnation
purchase in lieu of eminent domain, the award in cto the
shall be paid to the Association. Any such award payable
Association shall be deposited in the operating Fund. No member
in any
shall be entitled to parguchpcondte as a emnationtY�The Association shall
, or otherwise,
proceedings relating t
have the exclusive alonet reprasentitheein Such i interest of all Membersnd
shall, in its name ,
tion of a
(d) In the event of any
or quasi public of all or any
under any
residential Lot for any p private purchase in
statute, by right of eminent domain or by p
lieu of eminent oi�ot nOwnern andrd in their Mortgagees. shall be paid
to the applicable
(e) In the vn of damage or destruction to any thereof shall reconstruct the same
lling
Unis), the owner(s)pursuant
to Article IX, Section 3.
g$ 'L.��,�i =
section l . L i abi li tv Md other Tns ur nce. The Association
r and duty to and shall obtain comprehensive
shall have the powe
public liability insurance, in such limits as it shall death
desirable, insuring against liability for bodily injury,
and property damage arising from the activities of the
39
the
on Area
Association or withrespect
cross-liability t endorsement insuring
including, if obtainable, to each other insured. The
each insured against liability Worker's
Association may also obtain, through the Hoard,
Compensation insurance and
edea h e Lotownerand sthen Associationy
deem desirable, insuring
Board m Directors and Manager
ms from for which cty are in a Common connection
Expense
the Common Area, thep
Al
included in the Common Assessments made against the Owner b the
insurance rectshall
theelimits wincreasedinleas1 its discretion.
at
Board of Directors and
The Hoard may also obtain such errors and omissions insurance,
indemnity bonds, fidelity insurance or bonds tate her i u ance
as it deems advisable, insuring the Board, far any act or
Association and the Manager ut against heir obligations hereunder, or
omission in carrying
resulting from their membership on the Board or on any committee
he
thereof. Said fidelityad be written n
ii�nd shall name amount equal toat
Association as obligee
least the estimated maximum of funds, including reserves, in tithee
custody of the Association or a management agent a Aver, the
during the term of the fidelity coverage (provided,
fidelity coverage shall not be assessments on allsLots,1 a sum equal to three
plus reserve funds).
months aggregate
si�alty
��ation 21. rT,nCommoll. &rg&• The Association
�
a»rariGe-
shall keep seer theoAssoociation'ss and fixtures
jurisdiction the
insmured against
on Area and
property undercasualties for the
loss or damage by fire or other hazards Sand casualty insurance
full insurance replacement cost thereof. rd of Directors.
shall be reviewed at least annually by the Board
whether real
The Association may also insure any other property the
Oz personal, owned or obligated to be maintained by
Association, against loss or damage by fire or such other hazards
as the Association may deem of
fe8such l insurance. The et with the Association insurance
the owner and beneficiary
coverage with respect to the Common Area shall be written o the
name of, and the proceeds thereof shall be payable to the
Association. Insurance proceeds shall be used by the Association
for the repair or replacement of the property for which the
the
insurance was carried. monre Expenses ain luded ncenthe carried Common
Association are the Association.
Assessments made by
Sect j 3. Ins prance ob] iaat' ons 9.t �.• It shall be the
responsibility of each Owner to obtainUnit uponsaidinsurance
Lot,
his Lot and to insure any Dwelling
40
the structural portions of his Dwelling Unit, against
including fire or by any other casualty, under the
loss or damage by
standard form of extended endorsement now in use in tre state ed by
California or under such other insurance as may q
any Mortgagee of the Dwelling Unit. All such other insurance
ull
shall be in an amount as near nitra without deduct
aeduc ionffor
replacement cost of the Dwelling
depreciation or co-insurance, Federal h limits as required by
FNMA, GNMA, FHLMC andany other
Area p�nerty. In
t t' o A. �4�t a eme t 2L R§P&,X QL g rt of the Common
the event of damage to ordestruction
t tr v hether real or personal? under
Area improvements or prop Y.
the Association's jurisdiction, the Association shall re ursuant
replace the same from the insurance proceeds available, p
is Declaration. If such
to the provisions of arrticle XI Of
eAinsufficient tohcover the costs of repair
insurance proceeds ro damaged or destroyed, the
or replacement of the p Pert Y
Association shall makadditionalucostnof repair Assessment agai replacement
Lot Owners to cover theouter
not covered by the insurance proceeds, in addition to any
Common Assessmentmo�eArticletVIuch Lot Sectionw5eand ArtrsaclerXInof
with the provisions
this Declaration.
P on 5. Reny icemen 9� S
Dwelling Unit. In the event
of
of damage or destructon
same anyswept it $nd conditionser eof
shall reconstruct thepursuant
Section 3 of Article IX of this Declaration.
A. additional Insurangee. BeQLi� rits . Notwithstanding any
AggStaimon shall
other provisions herein, the Association and �neearthquake,
continuously maintain in effect such casualty, flood,
and fidelity insurance or bond meeting the
liability,
requirements established by the Federal National Mortgage
Association ("FNMA"), the Government National Mortgage
Association ("GNMA") and the Federal Home Mortgage
Loan
Corporation ("FHLMC"), except to the extent such coveragesnoon
available or has been waived in writing by the FNMA,
GNMAFHLMC, where applicable. The Association, upwritten
copies sof
shall provide holders of first mortgages,duplicate
policies or certificates which the Association is obligated to
maintained.
� s„brogation. All policies of physical
aa=is Ii. Z'' '�` the Association shall provide, if
damage insurance maintained by
reasonably possible, for waiver of% (1) any defense based on
41
(2) any right of set-off, counterclaim,
co-insurance; reason of other
apportionment, proration or contribution by
by the Association; and (3) any invalidity,
insurance not carried
or other adverse effect or defense on account of any breach
or
warranty or condition caused by the Association, any
tenant of any owner, or arising from any act, neglect, or
named insured or the respective agents,
omission of any
contractors and employees of any insured.
in
Notwithstanding any and all provisions hereof to thee contrary,
in
order to induce the Federal Home Loan Mortgage
Co p rain
("FSC"), the Government National Mortgage and the Federal National Mortgage Association ("FNMA") to
participate in the financing of the sale o€ Lots within the to the
Properties, the following provisions are added hereto (and
extent these added provisions
added provisions steal contropjovisions
of the Declaration, the
(a) Each First Mortgagee of a Mortgage encumbering any Lot,
at its written request, is entitled to written notification
oif catsucon from
the Association of any default by the Mortgagor
t in
the performance of such Mortgagor's
log the Assations ociation othis
Declarations the Articles of incorporation is not
the Bylaws of the Associ a Assoc which
learns of such default;
thirty
thirty (30) days after th
(b) Each First Mortgagee of a Mortgage encumbering any Lot,
roided
which obtains title to s foreclosures
o osures of such Mortgagee, orLot puruant to the remediespbyvdeed
in such Mortgage, or byfrom
(or"right
assignment) in
and salieu of iduright oflfirstXr exempt shall
"right of first or
not impair the rights otpursuant lrst to the tgagee to Mremedies provided in foreclose
take title to
Mortgage, (ii) accept a deed in lieu of foreclosure i; event
of default by the Trusttheof the first Mortgagee.
lease a Lot acquired by
(c) Each First Mortgagee of a Mortgage encumbering any Lot
which obtains title to shallunotaincludet to hedeededins lieuided
in such Mortgage (which Of
42
foreclosure) or by
foreclosure of such Mortgage,, shall take title
to such Lot free and clear of any claims of unpaidaacquisition assessments or
charges against such Lot whichaccr ed prior to the acquisition
of title to such Lot by theMortgagee.
(d} Provided that the Mortgagee informsests in writing t ng to be
writing of its appropriate address and r �ar►er shall do any of
notified, neither the association nor saennyn percent (67d) of the
the following, unless at least sixty- Lots (based upon one
First Mortgagees of Mortgages ns their written approval:
(1) vote for each Mortgage) have give
(1) subject to California Nonprofit Corporationtiti no
the contrary, seek, by act or omission, to abandon, mr, sell or
alienate, subdivide, release, hypothecate,
transfer the Common Area;
(The granting of easement for public utilities or for
other public purposes, consistent stean transfer withindtheed umeaningse of uof
property shall not be deem
this clause);
(2 change the method es which may be theetermining obligations,
against a
assessments, dues or other chargof
Lot owner, or the method of allocation °f distributions and charges
insurance proceeds or condemnation awards; (dues repair and
shall include an adequate on Area and props ty and improvements
replacement of the Com�a►urisdiction);
under the Association's j
(3) by act or omission, change, waive or abandon any
scheme of regulations, or enforcement thereof, pertaining
to the
ance and upkeep of the common fences,
project design, the mainten
tl within Properties,
private streets, lawns and otherropertand improvements nder
maintenance and upkeep of p
the Association's jurisdiction;
(4) fail to maintain adequate fire
and extendnote less
coverage on insurable Common Area property in an
than one hundred percent (100%) of the insurable value based on
current replacement cost;
losses
(5) use any applicable for u ance other proceeds
strier repair,
to the Common Area property
replacement or reconstruction of such Common Area.
43
(e) First Mortgag
ees, upon written request, shall have the
right to (1) examine the books 2 )n � records eton the Association
during normal business hours, ( its and other
the submission o3 audited
written nioticeiof all meetings of the
financial data, ( ) representative to attend all
a repre
members, (4) designate in writing days, written notice prior
such meetings, (5) receive thirty (30 )
to the effective date of any proposed amendment to this
Declaration or the Articles °r wing any threatened the Association
condemnation
receive immediate notice followingrtion of the
proceeding or proposed acquisition of any pa
Properties;
(f) Professional management of this development is
required. Any amendment to this Declaration regarding
owners' decision to assume self-management of tseveProperties
ro pe cent
shall require (1) prior written approval of sixty-seven
written
(6'7%) or more of the First Mortgagees and (2) prior
waiver of the requirement of professional management by FNMA, if
applicable.
(g) No provision of this Declaration gives any
Lot owner
priority over any rights of the First Mortgagee distribution any
Lot
pursuant to its Mortgage rights.
the
condo aton awards for losses
Lot owner of insurance proce
to or taking of the Common Area property;
(h) First Mortaaee tof Lots axes or othern the chargeso which sareyin
jointly or singly, pay become a charge against the Common
default and which have or may remiums on insurance policies,
Area property and may pay overdue p policy for
or secure new insurance coverage upon the lapse of a po mems
such Common Area, and the First Mortga9ee(s) making such pay
shall be owed immediate reimbursement therefor from the
Homeowners$ Association.
(i) The Association shall furnish FNMA,
GNMA or FI�LMC, in
institution
care of the mortgage company or other financial oor
acting as its servicer, in writing, notice of any loss to,
taking of the Common Area if such lass or taking exceeds $10,000.
(j) Any amendment to this Declaration or equivalent
document which materially modifies the following
shall require
prior written approval of sixty-seven (67%) percent or more of
the First Mortgagees before same shall become effective: voting;
assessment liens or subordination of such liens; maintenance
44
hts to use
reserves; insurance; fidelity bonds or insurance; weling and Lot
Common Area; maintenance responsibility;
boundaries; right of first refusal restrictions) and
self-management. enter
In addition to the foregoing, the Board of Directors may as
the into such contracts or agreementston behalf
ideli f of the FHLMC,nthee
are required in order to similar entity, so as to allow far
he gu
FNMA or the GNMA or any lads, as the case may be, by such
t
purchase, insurance or g the
entities of the First Lots with
Mortgagees encumbering es that it will
Dwelling Units thereon. Each Owner hereby 9ion, as
benefit the Association andborrowers membership nd pote t al iseller of
a class of potential Mortgage
as
their Dwelling Units, if such agencies approve the Properties
rsules
subdivision under their respective Policies,
a qualifying as adopted from time to time. Mortgagees are
and regulations,
hereby authorized to furnish e nuinformation$Lot the Board concerning
the status of any Mortgage
nsTL= Nly
Grantor or its successors or assigns t®ms undertake
the
work
r Of
es
constructing streets and utility Y of real property Lots
and developing a subdivision consisting Properties. The
with Dwelling Units thereon within the pr°p sal of the
completion of that torktand
establishmentthe sale or otand welher fa a of the
Lots is essentia
properties as a first-class residential ocommunity.
ds " tsysuccessors and
this Section and its subparagraphs,
assigns" specifically do not include purchaceormpl�teindividual
d the
Lots. In order that said work may be as rapidly
Properties be establ
nor the Association shalldocommunity anything
be
as possible, no in this Declaration
shallinterfere with, and nothing
understood or construed to: assor its or
oi
doing (a) prevent Grantor, its successors or assigns,
Lot any
their contractors or subcontractors, from door advisable in
by thew whatever they determine to be necessary Without
tion p
connection with the completion of said worplansand including designs as
limitation the alteration of construc
Grantor deems advisable in the course of development; or
45
M Prevent Grantor, its successors or assigns, or its or
their representatives, from constructing and maintaining on the
Common Area or any Lot, or portion thereof, owned and controlled
by Grantor, or its successors or assigns, or its or their
contractors or subcontractors, such improvements and/or
structures as may reasonably be necessary for the conduct of its
or their business of completing said work and establishing the
Properties as a residential community and disposing of the same
in Lots by sale, lease or otherwise;
(Grantor will not unreasonably interfere with the use of the
Common Area by the Owners of the Lots within the Properties); or
(c) Prevent Grantor, its successors or assigns, or its or
their contractors or subcontractors, from conducting on any Lot,
or any portion thereof, owned or controlled by Grantor, or its
successors or assigns, its or their business of developing,
subdividing, grading and constructing Lots and improvements in
the Properties as a residential community and disposing of the
Lots by sale, lease or otherwise; or
(d) Prevent Grantor, its successors or assigns, or its or
their contractors or subcontractors, from maintaining such sign
or signs on or near the Common Area or any Lot owned or
controlled by any of them as may be necessary in connection with
the sale, lease or other marketing of Lots within the Properties.
(e) Prevent Grantor, its successors or assigns, or its or
their contractors or subcontractors, from the usage of the common
streets, driveways, parking areas and common landscaping areas
within the Properties as may be necessary in completing its or
their business of developing and selling or other marketing of
Lots within the Properties.
The right of Grantor provided in sub paragraph (a) through (e)
above may be exercised during the period of time commencing when
the Lots are first sold or offered for sale and ending when all
Lots in the overall development project are sold and conveyed by
Grantor to separate Owners, or three (3) years from the issuance
of the final subdivision public report for the development,
whichever first occurs.
46
section 1. Enforcement. This Declaration, the Articles of
Incorporation and the Bylaws may be enforced by the Association,
any Owner, and the applicable County and/or City as follows:
(a) Breach of any of the covenants contained in the
Declaration or the Bylaws and the continuation of any such breach
may be enjoined, abated or remedied by appropriate legal
proceedings by any owner, including Grantor, by the Association
or the successors -in -interest of the Association. Any judgment
rendered in any action or proceeding pursuant hereto shall
include a sum for attorneys' fees in an amount as the Court may
deem reasonable, in favor of the prevailing party, as well as the
amount of any delinquent payment, interest thereon, costs of
collection and court costs.
(b) The result of every act or omission whereby any of the
covenants contained in this Declaration or the Bylaws are
violated in whole or in part is hereby declared to be and
constitutes a nuisance, and every remedy allowed by law or equity
against a nuisance either public or private shall be applicable
against every such result and may be exercised by any Owner, by
the Association or its successors -in -interest.
(c) The remedies herein provided for breach of the
covenants contained in this Declaration or in the Bylaws shall be
deemed cumulative, and none of such remedies shall be deemed
exclusive.
(d) The failure of the Association to enforce any of the
covenants contained in this Declaration or the Bylaws shall not
constitute a waiver of the right to enforce the same thereafter.
(e) A breach of the covenants, conditions or restrictions
contained in this Declaration or in the Bylaws shall not affect
or impair the lien or charge of any First Mortgage or Deed of
Trust; provided, however, that any subsequent Owner of such
property shall be bound by said covenants, whether such owner's
title was acquired by foreclosure, in a trustee's sale or
otherwise.
47
M Covenants, conditions and restrictions of this
Declaration shall run with the applicable County and/or City
insofar as they shall apply to the maintenance and repair of the
Common Area as herein defined. In the event the Association or
other legally responsible persons fail to maintain said Common
Area at any time and allow the Common Area properties or
improvements to become a public nuisance, the County or City may,
upon proper notice and hearing, institute any necessary abatement
procedures and impose a lien for the cost of such abatement upon
said Common Area, individual Lots or the whole thereof as
provided by law.
Sgction 2,. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 2. Interpretation. The provisions of this Declaration
shall be liberally construed to effectuate its purpose of
creating a uniform plan for the development of a residential
community and for the maintenance and repair of the Common Area.
The articles and section headings have been inserted for
convenience only, and shall not be considered or referred to in
resolving questions of interpretation or construction. Unless
the context requires a contrary construction, the singular shall
include the plural and the plural the singular; and the
masculine, feminine and neuter shall each include the masculine,
feminine and neuter.
Schon I. NQ Puh1i4 Ri gbt g Dedication. Nothing contained in
this Declaration shall be deemed to be a gift or dedication of
all or any part of the Properties to the public, or for any
public use.
Section ,g. ConstrUgtive Notice $IIS AgceQtance. Every person who
owns, occupies or acquires any right, title, estate or interest
in or to any Lot or other portion of the Properties does and
shall be conclusively deemed to have consented and agreed to
every limitation, restriction, easement, reservation, condition
and covenant contained herein, whether or not any reference to
these restrictions is contained in the instrument by which such
person acquired an interest in the Properties, or any portion
thereof.
Section A. Reservation 2L Easement. Reciprocal easements are
hereby reserved for the benefit of adjoining Lot Owners for the
control, maintenance and repair of the utilities of adjoining Lot
48
Owners. Grantor expressly reserves for the benefit of all of the
real property in the Properties, and the owners, reciprocal
easements of access, ingress and egress over all Lots, and over
the Common Area, for the purpose of enjoyment of the Lots in
accordance with this Declaration, including without limitation,
for installation and repair of utility services, for drainage
over, across and upon adjacent Lots for water resulting from the
normal use of adjoining Lots, and for maintenance and repair of
any Dwelling Unit to be constructed. Such easements may be used
by Grantor, its successors, purchasers and all Owners, their
guests, tenants and invitees, residing on or temporarily visiting
the Properties, for pedestrian walkways, vehicular access and
such other purposes reasonably necessary for the use and
enjoyment of a Lot and the Common Area. In the event that any
Dwelling Unit encroaches upon the Common Area as a result of
construction, reconstruction, repair, shifting, settlement or
movement of any portion of the Properties, a valid easement for
encroachment and for the maintenance of same shall exist so long
as the encroachment exists. Grantor and the Lot Owners of each
Lot on which there is constructed a Dwelling Unit or other
structure along or adjacent to said Lot line subject to
applicable County and/or City Codes and Ordinances, shall have an
easement appurtenant to said Lot over the Lot line to and over
the adjacent Lot, for the purposes of accommodating any natural
movement or settling of any Dwelling Unit or other structure
located on said Lot, any encroachment of any Dwelling Unit or
other structure due to minor engineering or construction
variances, and any encroachment of eaves, roof overhangs and
architectural features as parts of the original construction of
any Dwelling Unit or other structure located on said Lot.
Grantor expressly reserves for the benefit of each Owner of a Lot
in the Properties, his guests, tenants and invitees, a
non-exclusive easement across the Common Area maintained as
private streets as shown on recorded Tract Nap(s) of the
Properties as private streets, for the purpose of parking and
driving motor vehicles. The Association, in accordance with the
adopted rules and regulations of the Association and the
provisions of this Declaration, may regulate use of the Common
Area.
Section Z. Notices. Any notice permitted or required to be
delivered as provided herein shall be in writing and may be
delivered either personally or by mail. If delivery is made by
mail, it shall be deemed to have been delivered forty-eight (48)
hours after a copy of the same has been deposited in the United
49
States mail, postage prepaid, addressed to any person at the
address given by such person to the Association for the purpose
of service of such notice, or to the residence of such person if
no address has been given to the Association. Such address may
be changed from time to time by notice in writing to the
Association.
Section $. JL4 Representation 2r Warranties. No representations
or warranties of any kind, express or implied, have been given or
made by Grantor or its agents or employees in connection with the
Properties or any portion of the Properties, or any improvement
thereon, its physical condition, zoning, compliance with
applicable laws, fitness for intended use, or in connection with
the subdivision, sale, operation, maintenance, cost of
maintenance, taxes or regulation thereof as a planned
development, except as specifically and expressly set forth in
this Declaration and except as may be filed by Grantor from time
to time with the California Department of Real Estate or with any
other governmental authority.
Section 9. Q Y Ri=s. Notwithstanding any other provisions of
this Declaration, the use of the Properties shall be in
compliance with all ordinances of the City of Diamond Bar
("City"). The City shall have the unrestricted right and
authority to refuse issuance of any building, electrical or
plumbing permit which may be in violation of this Declaration
and/or City Ordinances. To assure the City of access to maintain
and repair its services and facilities and for the provision of
fire and police protection, the Board shall keep all accessways,
roadways and appurtenances thereto on the Common Area that are
not dedicated streets, in a state of good condition and repair,
consistent with the standard of quality of said roadways and
appurtenances on original installation. If, in the opinion of
the City, said accessways, roadways or appurtenances fall into a
state of disrepair or are allowed to deteriorate so that the
provision of City services becomes more hazardous, then, in that
event, the City may demand, upon proper notice and hearing, that
appropriate repairs and restoration be made in accordance with
applicable Sections of the City Code. All such repairs shall be
made at the expense of the Association. If the Board does not
undertake said repairs and restorations within fifteen (15) days
of proper notice and hearing, then the City may do such work,
repair or restoration. Any sums expended by the City shall be at
the expense of the Members and shall be a charge upon the
maintenance fund. The Board may levy a Special Assessment
against the Members for the payment of such charges. All rights
50
of Notice, protest and appeal under City Ordinances or otherwise
provided by law are reserved to the Association and owners. No
Amendment to this Declaration which affects maintenance duties or
enforcement provisions or which amends this Article XV, Section
9, shall be effective without prior written consent of said City.
The covenants, conditions, and restrictions of this Declaration
shall run in favor of and to said City insofar as they apply to
the maintenance of the Common Area.
The Association shall provide on an annual basis to the Planning
Department of the City of Diamond Bar the name, address, and
telephone number of the President of the Association and/or a
contact person for said Association.
Section 12. F]EiAIMA Approval. As long as there is a Class B
membership, and provided that FHA or VA are insuring or
guaranteeing loans or have issued commitments to insure or
guarantee loans on a portion of the Properties, the following
actions will require the prior approval of the Federal Housing
Administration or the U.S. Department of Veterans Affairs:
dedication of any portion of the Common Area, and amendment or
termination of this Declaration.
Section 11.• AttQrneys_Lem. In the event action is instituted
to enforce any of the provisions of this Declaration, the party
prevailing in such action shall be entitled to recover from the
other party thereto, as a part of the judgment, reasonable
attorneys' fees and costs of such suit.
Section IZ. Owner's Obligations. Each Owner of a Lot shall,
before execution of a sale or lease agreement, make
available for examination by the prospective purchaser or
lessee, and as soon as practicable before transfer of the
interest being acquired, give to each purchaser or lessee, (i) a
copy of the Articles of Incorporation and Bylaws of the
Association and this Declaration, (ii) copies of any other
instruments which define the rights and responsibilities of the
Owner or lessee and the rules and regulations of the Association,
(iii) a copy of the most recent financial statement distributed
by the Association pursuant to Article XVI of this Declaration,
and (iv) a written statement prepared by the Board or an
authorized representative of the Association as to the amount of
any delinquent assessments and information relating to penalties,
late charges, interest or other charges and costs authorized by
this Declaration which are or may be a lien on such Owner's Lot
as of the date the statement is issued. Upon written request,
51
the Association shall, within ten (10) days of the mailing or
delivery of the request, provide the requesting Owner of a Lot
with a copy of the requested items. The Association may charge a
fee for this service, which shall not exceed the Association's
reasonable cost to prepare and reproduce the requested items.
The Association shall not impose or collect any assessment,
penalty or fee in connection with a transfer of title or any
other interest except the Association's actual costs to change
its records .
r.1 t4 0 to)
1. The following financial information shall be regularly
prepared and distributed by the governing body to all members
regardless of the number of members or the amount of assets of
the Association:
(A) A budget for each fiscal year consisting of at least
the following information shall be distributed not less than 45
days nor more than 60 days prior to the beginning of the fiscal
year:
basis; (1) Estimated revenue and expenses on an accrual
(2) A summary of the Association's reserves based upon
the most recent review or study conducted pursuant to Section 3
of this Article XVI, which shall be printed in bold type and
include all of the following:
(a) The current estimated replacement cost,
estimated remaining life, and estimated useful life of each major
component;
(b) As of the end of the fiscal year for which the
review or study is prepared:
(i) The current estimate of the amount of
cash reserves necessary to repair, replace, restore, or maintain
the major components;
(ii) The current amount of accumulated cash
reserves actually set aside to repair, replace, restore, or
maintain the major components;
52
(c) The percentage that
purposes of clause (ii) of subsection
amount determined for purposes of
1(A)(2)(b) above;
the amount determined for
l(A)(2)(b) above is of the
clause (i) of subsection
(d) The summary of the Association's reserves
disclosed pursuant to this Section l(A)(2) shall not be
admissible in evidence to show improper financial management of
an Association, provided that other relevant and competent
evidence of the financial condition of the Association is not
made inadmissible by this provision.
(3) A statement as to whether the Board of Directors of
the Association has determined or anticipates that the levy of
one or more Reconstruction Assessment(s) and/or Capital
Improvement Assessment(s) will be required to repair, replace, or
restore any major components or to provide adequate reserves
therefor.
(4) A general statement setting forth the procedures
used by the governing body for the calculation and establishment
of reserves to defray the costs of repair, replacement or
additions to those major components of the common areas and
facilities for which the Association is responsible.
(B) A balance sheet, as of an accounting date which is the
last day of the month closest in time to six months from the date
of closing of the first sale of an interest in the subdivision;
and an operating statement for the period from the date of the
first closing to the said accounting date, shall be distributed
within 60 days after the accounting date. This operating
statement shall include a schedule of assessments received and
receivable identified by the number of subdivision interest and
the name of the entity assessed.
(C) A report consisting of the following shall be
distributed within 120 days after the close of the fiscal year:
(1) A balance sheet as of the end of the fiscal year;
year; (2) An operating (income) statement for the fiscal
(3) A statement of changes in financial position for
the fiscal year;
53
(4) For any fiscal year in which the gross income to
the Association exceeds $75,000, a copy of the review of the
annual report prepared in accordance with generally accepted
accounting principles by a licensee of the California State Board
of Accountancy shall be included with said annual report; and
unless a member requests a copy of the annual report, the Board
shall deliver to said member a summary of the annual report with
a notice (10 point bold type) that said annual report is
available at a specific location within the Properties. The
Association will deliver a copy of the annual report to members
requesting same at the expense of the Association by first class
United States mail within five days of said request.
If the report referred to in this Subsection (c) is not prepared
by an independent accountant, it shall be accompanied by the
certificate of an authorized officer of the Association that the
statement was prepared from the books and records of the
Association without independent audit or review.
2. In addition to financial statements, the governing body shall
annually distribute within 60 days prior to the beginning of the
fiscal year a statement of the Association's policies and
practices in enforcing its remedies against members for defaults
in the payment of regular and special assessments including the
recording and foreclosing of liens against members' subdivision
interests.
3. The governing body shall do the following not less frequently
than quarterly:
(A) Cause a current reconciliation of the
Association's operating accounts to be made and review the same;
(B) Cause a current reconciliation of the
Association's reserve accounts to be made and review the same,-
(C)
ame;
(C) Review the current year's actual reserve revenues
and expenses compared to the current year's budget;
(D) Review the most current account statements
prepared by the financial institution where the Association has
its operating and reserve accounts;
(E) Review an income and expense statement for the
Association's operating and reserve accounts.
54
4. The Board of Directors shall not expend funds designated as
Reserve Funds for any purpose other than the repair, restoration,
replacement, or maintenance of, or litigation involving the
repair, restoration, replacement, or maintenance of, the major
components of the Common Area and facilities which the
Association is obligated to repair, restore, replace, or maintain
and for which the Reserve Fund was established. However, the
Board of Directors may authorize the temporary transfer of money
from the Reserve Fund to the Association's general operating fund
to meet short-term cash-flow requirements or other expenses. The
transferred funds shall be restored to the Reserve Fund within
(3) three years of the date of the initial transfer, except that
the Board of Directors may, upon making a finding supported by
documentation that a delay would be in the best interest of the
common interest development, delay the restoration until the time
which the Board of Directors reasonably determines to be
necessary. The Board of Directors shall exercise prudent fiscal
management in delaying restoration of these funds and in
restoring the expended funds to the Reserve Fund, and shall, if
necessary, levy a Reconstruction assessment or Capital
Improvement Assessment to recover the the full amount of the
expended funds within the time limits required by this Section 4.
This Reconstruction Assessment or Capital Improvement Assessment
is not subject to the limitation imposed by California Civil Code
Section 1366, nor Sections 4 and 5 of Article VI of this
Declaration.
5. At least once every three (3) years, the Board of Directors
shall cause a study of the "reserve account requirements" of the
common interest development to be conducted if the current
replacement vale of the major components of the Common Area and
facilities which the Association is obligated to repair, replace,
restore, or maintain is equal to or greater than one-half of the
gross budget of the Association for any fiscal year. The Board of
Directors shall review this study annually and shall consider and
implement necessary adjustments to the Board's analysis of the
reserve account requirements as a result of that review.
The study required by this Section 5 shall at a minimum include:
(A) Identification of the major components which the
Association is obligated to repair, replace, restore or maintain
which, as of the date of the study, have a remaining useful life
of less than thirty (30) years;
(B) Identification of the probable remaining useful life of
the components identified in Section 5(A) above as of the date of
the study;
55
(C) An estimate of the cost of repair, replacement,
restoration, or maintenance of each major component identified in
Section 5(A) above during and at the end of its useful life;
(D) An estimate of the total annual contribution necessary to
defray the cost to repair, replace, restore, or maintain each
major component during and at the end of its useful life, after
subtracting total reserve funds as of the date of the study.
As used in this Section 5, "reserve account requirements" shall
mean the estimated funds which the Association's Board of
Directors has determined are required to be available at a
Specific point in time to repair, replace, or restore those major
components of the Common Area or facilities which the Association
is obligated to maintain.
The Association shall have the power to adopt, amend and repeal
such rules and regulations as it deems reasonable ("Association
Rules"). The Association Rules shall govern such matters in
furtherance of the purposes of the Association, as the Board
shall deem appropriate in its sole and absolute discretion,
provided, however, that the Association Rules may not
discriminate among the Owners and their tenants and guests and
shall not be inconsistent with this Declaration, the Articles or
the Bylaws. The Association Rules shall govern those activities,
including without limitation, the use and operation of the Common
Area and facilities owned and controlled by the Association, the
parking and storage of vehicles and other objects, disposal of
waste materials, control of pets, and other activities, which, if
not so regulated, might distract from the appearance of the
community or offend or cause inconvenience or danger to persons
residing or visiting therein, or create a nuisance. The
Association shall also have the power to adopt, amend and repeal
such Association Rules as it deems reasonable which may include
the establishment of a system of fines and penalties and the
suspension of voting rights for the infraction of its published
rules and regulations. The affected Owner shall have the right to
Notice and Hearing prior to suspension of voting rights or
imposition of fines. The Association shall not cause a
forfeiture of, nor abridge the Owner's right to, his Dwelling
56
Unit on account of the failure by the Owner to comply with the
provisions of the governing instruments or of duly -enacted
Association Rules, except by a judgement of a court or a decision
arising out of arbritration, or on account of a foreclosure or
sale under power of sale for failure of owner to pay assessments
duly levied by the Association. A copy of the Association Rules
as they may from time to time be adopted, amended or repealed,
shall be mailed or otherwise delivered to each Owner and a copy
shall be posted in a conspicuous place within the Common Area.
Upon such mailing or delivery and posting, said Association Rules
shall have the same force and effect as if they were set forth in
and were part of this Declaration. The Association Rules as
adopted, amended or repealed, shall also be available to any
first Mortgagee upon written request. In the event of any
conflict between any such Association Rules and any other
provisions of this Declaration or the Articles or the Bylaws of
the Association, the provisions of this Declaration, Articles or
Bylaws shall govern to the extent of any such inconsistency.
In the event that the improvements to the Common Area have not
been completed prior to the issuance of the Final Subdivision
Public Report by the California Department of Real Estate
covering the Properties, and the Association is obligee under a
bond or other security arrangement (hereinafter referred to as
"Bond") to secure performance of the commitment of Grantor to
complete such Common Area improvements, the fallowing provisions
shall apply:
(a) The Board shall consider and vote on the question of
action by the Association to enforce the obligations under the
Bond with respect to any Common Area improvements for which a
Notice of Completion has not been recorded within sixty (60)
days after the completion date specified for such improvements in
the Planned Construction Statement appended to such Bond. If the
Association has given an extension in writing for the completion
of any Common Area improvements, the Board shall consider and
vote on the aforesaid question if a Notice of Completion has not
been recorded within thirty (30) days after the expiration of
such extension.
57
W In the event that the Board determines not to initiate
action to enforce the obligations under the Bond, or in the event
the Board fails to consider and vote on such question as provided
above, the Board shall call a special meeting of the Members of
the Association upon the memberships' request as provided herein
for the purpose of voting to override such a decision or such
failure to act by the Board. Such meeting shall be called
according to the provisions of the Bylaws of the Association
dealing with meetings of the Members, but in any event such
meeting shall be held not less than thirty-five (35) days nor
more than forty-five (45) days after receipt by the Board of a
petition for such meeting, signed by Members representing five
percent (5%) or more of the total voting power of the
Association.
(c) The only Members entitled to vote at such meeting of the
Association membership shall be the Owners other than Grantor. A
vote at such meeting of a majority of the voting power of such
Members entitled to vote, other than Grantor, to take such action
to enforce the obligations under the Bond shall be deemed to be
the decision of the Association, and the Board shall thereafter
implement such decision by initiating and pursuing appropriate
action in the name of the Association.
ARTICLE X"
This Declaration and any amendments to it may be amended or
revoked as follows:
(a) Before the issuance of a Final Public Report, this
Declaration and any amendments to it may be amended in any
respect or revoked by the execution by Grantor and any Mortgagee
of record of an instrument amending or revoking the Declaration.
The amending or revoking instrument shall make appropriate
reference to this Declaration and its amendments and shall be
acknowledged and recorded in the office of the County Recorder of
Los Angeles County ("County Recorder"), State of California.
(b) After the issuance of the Final Public Report, this
Declaration may be amended or revoked in any respect by the vote
or written consent of the holders of not less than seventy-five
(75%) percent of the voting rights of each class of Members.
However, if any provision of this Declaration requires a greater
58
or lesser percentage of the voting rights of each class of
Members in order to take affirmative or negative action under
such provision, the same percentage of such class or classes of
Members shall be required to amend or revoke such provision.
When the two -class structure is no longer in effect because of
conversion of one class to another, then any amendment or
revocation may be enacted by seventy-five (75%) percent of the
voting rights of the Association and at least a bare majority of
the voting rights of Class A Members other than Grantor.
Pursuant to California Civil Code Section 1356(x), the Board or
any Owner of a Dwelling Unit may petition the Superior Court of
California for an order reducing the percentage of the
affirmative votes necessary for such an amendment. An amendment
or modification to this Declaration shall be effective when
executed by the President and Secretary of the Association who
shall certify that the amendment or modification has been
approved as hereinabove provided, and recorded in the Official
Records of said County Recorder; provided, however, that so long
as there is a Class B membership in the Association, a draft of
any amendment to the Declaration must be submitted to and
approved by the U.S. Department of Veterans Affairs, if
applicable, prior to recordation of the amendment. Also, if the
consent or approval of any governmental authority, Mortgagee or
other person, firm, agency or entity is required under this
Declaration with respect to any amendment or revocation of any
provision of this Declaration, no such amendment or revocation
shall become effective unless such consent or approval is
obtained. No amendment may be made to Article XIII by the
Association membership without the prior written consent of at
least sixty-seven (67%) percent of the Mortgagees of First
Mortgages encumbering the Lots within the Properties, based on
one (1) vote for each such Mortgage ( unless a higher percentage
of approval is required by a Federal Agency for an amendment).
No amendment which would materially change the rights of an Owner
is valid without the prior written consent of the California Real
Estate Commissioner during the period of time in which the
Grantor or his successor -in -interest holds or controls as much as
one-fourth (1/4) of the votes of the Association that may be cast
to effect such change.
The covenants, conditions and restrictions of this Declaration shall
run with and bind the Properties, and shall inure to the benefit of
and be enforceable by the Association or the Owner of any land subject
to this Declaration, their respective legal representatives, heirs,
successors and assigns, for a term of twenty (20) years from the date
this Declaration is recorded, after which time said covenants,
59
conditions, reservation of easements, equitable servitudes and
restrictions shall be automatically extended for successive
periods of ten (10) years, unless a Declaration of Termination is
recorded in the public records of the County Recorder.
1. "Managing Agent" is a person or entity, who for compensation or, in
expectation of compensation, exercises control over the assets of the
Association. However, Managing Agent does not include a full time
employee of the Association or a regulated financial institution
operating within the normal course of business, or an attorney at law
acting within the scope of his/her license.
2. The Managing Agent of the Association, who accepts or receives
funds belonging to the Association, shall deposit all such funds into
a trust fund account in behalf of the Association in a bank, savings
and loan association, or credit union within the State of California.
All funds of the Association, deposited by the Managing Agent in the
trust fund account shall be kept in a California financial institution
as defined in Section 31041 of the California Financial Code, which is
insured by the federal government, and shall be maintained there until
disbursed in accordance with written instructions from the
Association.
3. At the written request of the Board of Directors of the
Association, the funds the Managing Agent accepts or receives on
behalf of the Association shall be deposited into an interest bearing
account in a bank, savings and loan association, or credit union
within the State of California, provided all of the following
requirements are met:
(a) The account is in the name of the Managing Agent as trustee for
the Association or in the name of the Association;
(b) All of the funds in the account are covered by insurance
provided by an agency of the federal government;
(c) The funds in the account are kept separate, distinct, and apart
from the funds belonging to the Managing Agent or to any other person
or entity for whom the Managing Agent holds funds in trust;
60
(d) The Managing Agent shall disclose to the Board of
Directors of the Association the nature of the account, how
interest will be calculated and paid, whether service charges
will be paid to the depository and by whom, and any notice
requirements or penalties for withdrawal of funds from the
account;
(e) No interest earned on the funds in the account shall inure
directly of indirectly to the benefit of the Managing Agent or to any
employees of said ManagingAgent.
4. The Managing Agent shall maintain a separate record of the
receipts and disposition of all funds of the Association as
described in this Article XX, including any interest earned on
said funds. The Managing Agent shall provide the Board of
Directors a monthly accounting of the Association funds under the
control of the Managing Agent.
5. The Managing Agent shall abide by the terms of Section
1363.2(a) of the California Civil Code, as hereinafter amended.
6. The prevailing party in an action to enforce the terms of this
Article XX and Section 1363.2(a) of the California Civil Code
shall be entitled to recover reasonable legal fees and court
costs.
;:f 0 k'"M.#.#
Any covenant, restriction, or condition contained in this
Declaration, the Bylaws, Rules and Regulations, or Architectural
Standards of the Association, or in any deed, contract, security
instrument, or other instrument affecting the transfer or sale
of, or any interest in, any Lot which effectively prohibits or
unreasonably restricts the installation or use of a solar energy
system is void and unenforceable; provided, however, this Article
does not apply to provisions which impose reasonable restrictions
on solar energy systems. Reasonable restrictions on a solar
energy system are those restrictions which do not significantly
increase the cost of the system or significantly decrease its
efficiency or specified performance, or which allow for an
alternative system of comparable cost, efficiency, and energy
61
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will conduct a public
hearing on the following item:
1. Vesting Tentative Tract No. 50519, Development Review No. 91-2, and Zone Change No. 91-3
A request for a 34 unit condominium subdivision on a 2.33 acre site located northeast of the corner of Golden
Springs Dr. and Torito Lane. Additionally, the applicant requests architectural and site plan review for the
townhouse development, a Zone Change from C-1 (Restricted Business Zone) to R-3 (Limited Multiple Residence
Zone).
Applicant: Diamond Development Company, 1700 Raintree Rd., Fullerton, CA 92635
Environmental Determination: Pursuant to the terms of California Environmental Quality Act (CEQA), the City
has determined that this project requires a Mitigated Negative Declaration be prepared.
If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar City
Council in care of the Community Development Department at the address given below. You may also obtain additional
information concerning this case by phoning
(909) 396-5676.
If you challenge this application and project 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 correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
DATE OF PUBLIC HEARING: Tuesday, March 16
TIME OF HEARING: 7:00 p.m.
LOCATION: South Coast Air Quality Management District
Auditorium
21865 E. Copley Dr.,
Diamond Bar, California, 91765
CASE MATERIALS: Are available for review during regular office hours at the Community Development Department,
21660 Copley Drive, Suite 190, Diamond Bar, CA 91765.
F:\WP51\WORK\ROB\CC50519.PBN PUBLISH DATES: Tribune & Bulletin publish
CITY OF DIAMOND BAR
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR by the City
Council of the City of Diamond Bar that a public hearing will be
conducted on Tuesday, March 16, 1993 at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Auditorium of the
South Coast Air Quality Management District, located at 21865 E.
Copley Dr., Diamond Bar, California, for the purpose of Vesting
Tentative Tract No. 50519, Development Review No. 91-2, and Zone
Change No. 91-3. A request for a 34 unit condominium subdivision
on a 2.33 acre site located northeast of the corner of Golden
Springs Dr. and Torito Lane. Additionally, the applicant requests
architectural and site plan review for the townhouse development,
a Zone Change from C-1 (Restricted Business Zone) to R-3 (Limited
Multiple Residence Zone).
Applicant: Diamond Development Company, 1700 Raintree Rd.,
Fullerton, CA 92635
Environmental Determination: Pursuant to the terms of California
Environmental Quality Act (CEQA), the City has determined that this
project requires a Mitigated Negative Declaration be prepared.
If you are unable to attend the public hearing, but wish to send
written comments, please write to the Diamond Bar City Council in
care of the Community Development Department at the address given
below. You may also obtain additional information concerning this
case by phoning (909) 396-5676.
If you challenge this application and project 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
correspondence delivered to the Planning Commission at, or prior
to, the public hearing.
CASE MATERIALS: Are available for review during regular office
hours at the Community Development Department, 21660 Copley Drive,
Suite 190, Diamond Bar, CA 91765.
Dated: February 11, 1993 /s/ Lynda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
Publish Date: February 17, 1993
21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 91765-4177
909-860-2489 - FAX 909-861-3117
T E L E C O P Y
DATE: 2- 12---1-3
TIME: 12-1.015-
TO:
2'.05
TO:
C O V E R S H E E T
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Name: l k'r- -
Agency : LCQ� N20 hCc. e4g;-I
Telephone No.:
FAX No.:
FROM • —t---' I� ,
Name : 1 O w1 QJA4 C Vvt
Division:
NUMBER OF PAGES: (Including Cover Sheet): 2
COMMENTS: Imo(',[ J e Q' V) I t s h b�
GARY G. MILLER PHYLLIS E. PAPEN JOHN A. FORBING DEXTER D. MacBRIDE GARY H. WERNER
Mayor Mayor Pro Tem Coundhnember Co mdbnember Coundlmember
RECYCLED PAPER