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HomeMy WebLinkAbout05/18/1993CITY COUNCIL AGENDA Mayor — Gary G. Miller M=ncikn:;� Pro T— Phyllis E. Papen John A. Forbing Councilman — Gary H. Werner Councilman — Dexter D. MacBride City Council Chambers are located at: South Coast Air QLfiW amgger►mt District Auditodum 21865 East Copley DOW MEETING DATE: May 18, 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 staff reports ar ati�er axri ten documentation retat g to each its re�rCOd to pn Mie sgenda are WIN.: W.00: OWGIVt the.Ci# C -:1-1-I.- *re's�sif to far puti�lic it an. If you.lf$ve� questions regarding an tes aga11em, jlt0afe t�i aanct tha City Clerk a!'E7t�) 86tt-cif dciring f�tJsineas>hours. The City aviamona lfar uses mru rvLcv p aper ranv anwuwayow Y■... ■...... •••- --••_• THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. 1. CLOSED SESSION 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Next Resolution No. 93-31 Next Ordinance No. 04(1993) 5:00 P.M. Litigation - Government Code 54956.9 Diamond Bar Assoc. v. City Personnel - Government Code 54957.6 6:00 P.M. Mayor Miller Dr. Robert Wiley Jr., Northminster Presbyterian Church Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES ETC., 6:45 p.m. or earlier 3.1 Proclaiming May 16-22, 1993 as "RAIL SAFETY WEER" 3.2 Proclaiming May 1993 as "FIRE SERVICE MONTH" 3.3 Certificates of Commendation - Graduates of Los Angeles County Sheriff Department Citizens' Academy - Appointees of Sheriff's Civilian Advisory Board. 3.4 Presentation by Diamond Bar Chamber of Commerce - Donation of funds for picnic canopy at Carlton J. Peterson Park. 4. SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - May 19, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Planning Commission - May 24, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 General Plan Public Hearing - May 26, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Parks & Recreation Commission - May 27, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.5 Memorial Day Observance- Monday, May 31, 1993 - City Offices will be closed. 5. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to Council. MAY 18, 1993 PAGE 2 6. COUNCIL COI+IIONTS: 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. 7. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 7.1 APPROVAL OF MINUTES: 7.1.1 Regular Meeting of April 20, 1993 - Approved as submitted. 7.1.2 Regular Meeting of May 4, 1993 - Approved as submitted. 7.2 WARRANT REGISTER - Approve Warrant Register dated May 18, 1993 in the amount of $238,404.34. 7.3 PLANNING COMMISSION MINUTES: 7.3.1 Regular Meeting of March 8, 1992 - Receive and file. 7.3.2 Regular Meeting of March 22, 1993 - Receive and file. 7.3.3 Regular Meeting of April 12, 1993 - Receive and file. 7.4 CLAIMS FOR DAMAGES: 7.4.1 Filed by Lavinia Rowland April 27, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.2 Filed by Trung Ly April 29, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 Bond Exoneration for Grading on Parcels 1 Through 4 of Parcel Map No. 13041 (Country Hills Towne Center) - The City desires to exonerate the surety bond posted for grading of Parcels located on Diamond Bar Blvd. Recommended Action: Approve the exoneration of the bond posted for Grading on Parcel 13041 in the amount of $101,780. 7.6 Grading Bond Exoneration for Condominium Complex on Tract No. 51079 (800 South Grand) - The City desires to exonerate the bond posted for grading in the amount of $7,000. Recommended Action: Approve exoneration of the Certificate of Deposit for grading. MAY 18, 1993 PAGE 3 7.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -91-47722 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Sanitary Sewer No. B-91-47722 was constructed in 1992 as part of the improvements in Tract 47722. It was subsequently, inspected and approved by the City's Department of Public Works based upon the satisfactory completion of the improvements per approved plans. Recommended Action: Adopt Resolution No. 93 -XX request- ing the L.A. County Consolidated Sewer Maintenance Division to accept transfer and conveyance of P.C. No. DB -91-47722 for future operation, maintenance, repair and improvement. 7.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PARCEL MAP NO. 23629, FOR A SUBDIVISION OF ONE PARCEL (FOR THE PURPOSE OF COMMERCIAL CONDOMINIUMS), INTO TEN PARCELS, (WITH FOUR OF THE PARCELS DIVIDED INTO UNITS A AND B) AND LOT A WITHIN THE WALNUT BUSINESS CENTER, LOCATED AT 20418 WALNUT DRIVE - Approval for subdivision of one parcel into ten for commercial condo- miniums was submitted to the City for final parcel map approval. Recommended Action: Approve Final Parcel Map No. 23629; adopt Resolution No. 93 -XX and direct the City Clerk to certify and process the map and CC & R's for recordation. 7.9 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT NO. LL -93-003 TO ADJUST THE LOT LINE BETWEEN LOT NOS. 66 & 67 OF TRACT 33636 AT 1343 AND 1344 RED BLUFF LANE, WALNUT - This adjustment was submitted in order to adjust the position of the lot line running east/west between Lot No.s 66 and 67 of Tract Map No. 33636. Recommended Action: Adopt Resolution No. 93 -XX; author- ize signature of related documents; and direct the City Clerk to process the Lot Line Adjustment for recordation. 8. PUBLIC HEARING: Will begin precisely at 7:00 p.m. 8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 494-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT MAY 18, 1993 PAGE 4 A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD., AND SUSTAINING THE DECISION OF THE PLANNING COMMISSION - On March 31, 1993, Carl Karcher Enterprises, Inc. filed an appeal regarding conditions of approval set forth by the Planning Commission for con- struction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Blvd. Recommended Action: Open the Public Hearing, receive testimony and adopt Resolution No. 93 -XX denying the appeal of conditions of approval and upholding the Planning Commission's decision. 9. OLD BUSINESS: 9.1 LANDSCAPING ALONG THE PROPOSED METAL BEAM GUARD RAILING ON THE NORTHERLY SIDE OF GRAND AVENUE - During the meeting of April 20, 1993, Council directed staff to evaluate various landscaping options along the proposed guardrails on the northerly side of Grand Avenue. At this time, staff proposed that no landscaping be installed and that the construction of guardrails be limited to no more than 2,000 lineal feet. Recommended Action: Consider limiting construction to no more than 2,000 lineal feet of guardrails with no additional landscaping. 9.2 AWARD OF CONTRACT FOR SUPPLEMENTAL GRAFFITI REMOVAL - At their meeting of January 19, 1993, Council directed staff to solicit bids seeking a contractor to supplement the Boys & Girls Club of San Gabriel Valley for graffiti removal in the City. Three contractors submitted bids, the low being $16,590 ($30 per site) by Graffiti Control Systems. Recommended Action: Award a contract for supplemental graffiti removal to Graffiti Control Systems, the lowest responsible bidder, in the amount of $16,590 ($30 per site). 10. NEW BUSINESS: 10.1 LANDSCAPING ASSESSMENT DISTRICTS, FY 1993-94: 10.1.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT MAY 18, 1993 PAGE 5 FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council's direction of April 20, 1993, staff has prepared the Engineer's Report for District No. 38 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. 93 -XX approving the Engineer's Report and declaring the City's intention to levy and collect assessments for District No. 38 and direct the City Clerk to advertise the public hearing for June 15, 1993. 10.1.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council direction of April 20, 1993, staff has prepared the Engineer's Report for District No. 39 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. 93 -XX approving the Engineers Report and declaring the City's intention to levy and collect assessments for District No. 39 and direct the City Clerk to advertise the public hearing before the meeting of June 15, 1993. 10.1.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND MAY 18, 1993 PAGE 6 PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council direction at their meeting of April 20, staff has prepared and Engineer's Report for District No. 41 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. 93 -XX approving the Engineer's Report and declaring the City's intention to levy and collect assessments for District No. 41 and direct the City Clerk to advertise the public hearing for June 15, 1993. 10.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITY-WIDE STREET TREE MAINTENANCE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City is about to complete its first year of City-wide street tree main- tenance with a private tree maintenance firm. The work provided by the private contractor has been excellent; however, in order to get the best price for scheduled tree trimming services, it is necessary to take the contract out to bid. In keeping with the five-year plan for trimming 11,000 street trees, staff has identified 1,954 trees that will require routine service during the 1993-94 fiscal year. Recommended Action: Adopt Resolution No. 93 -XX approving plans and specifications for city-wide street tree maintenance. 10.3 STATUS REPORT ON THE DRAFT PROPERTY MAINTENANCE ORDINANCE - Earlier this year, Council members were appointed to a Code Enforcement Subcommittee in order to begin crafting an ordinance responding to complaints received by the City regarding the lack of property maintenance on some residential and commercial properties. Recommended Action: Refer the Draft Ordinance to the Planning Commission for review and recommendation upon completion of City Attorney analysis and subcommittee review. 10.4 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL APPROVING THE PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR - The City has been participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the MAY 18, 1993 PAGE 7 last three years (July 1, 1991 to June 30, 1994). The City qualifies as a Metropolitan City, based on population of over 50,000 and can attain entitlement status effective July 1, 1994. As a Metropolitan City, Diamond Bar has the option to continue to participate in the L.A. Urban County CDBG Program. If the City desires to continue with the L.A.Urban County Program, it must execute a Cooperation Agreement by May 21, 1993. The agreement will be for a three year funding cycle, July 1, 1994 to June 30, 1997. Recommended Action: Adopt Resolution No. 93 -XX approving the participation in the Los Angeles Urban County Community Block Grant Program. 10.5 REPORT ON ACCESS TO POMONA UNIFIED SCHOOL DISTRICT HIGH SCHOOL SITE - The Pomona Unified School District (PUSD) recently took possession of property in the northeastern portion of Tres Hermanos Ranch for the construction of a high school (Diamond Ranch High School). The California Department of Education has indicated to PUSD that a secondary access road to the site, preferably from the west, should be constructed to assure an acceptable level of safety related to traffic flow and emergency evacuation. Deepsprings Drive was identified as the probable westerly access. Recommended Action: continue to explore available to fund the to the Diamond Ranch 11. ANNOUNCEMENTS: 12. ADJOURNMENT: It is recommended that the City the various options that may be construction of a westerly access High School. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: May 18, 1993 REPORT DATE: May 12, 1993 FROM: Terrence L. Belanaer. Citv Manager TITLE: Award of Contract for Supplemental Graffiti Removal for the City of Diamond Bar. SUMMARY: At the January 19, 1993 City Council meeting, City Council directed staff to solicit bids seeking a contractor to supplement the Boys and Girls Club of San Gabriel Valley for graffiti removal in Diamond Bar. Three contractors submitted bids, the low being $16,590 ($30 per site) by Graffiti Control Systems. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar award the contract for supplemental graffiti removal in Diamond Bar to Graffiti Control Systems, the lowest responsible bidder, in the amount of $16,590 ($30 per site). LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) _ Other: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: , r7y, Terrence L. Belang Bob Rose City Manager Community Services Director MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. May 18, 1993 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Award of Contract for Supplemental Graffiti Removal for the City of Diamond Bar ISSUE STATEMENT At the January 19, 1993 City Council meeting, City Council directed staff to solicit bids seeking a contractor to supplement the Boys and Girls Club of San Gabriel Valley for graffiti removal in Diamond Bar. Three contractors submitted bids, the low being $16,590 ($30 per site) by Graffiti Control Systems. RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar award the contract for supplemental graffiti removal in Diamond Bar to Graffiti Control Systems, the lowest responsible bidder, in the amount of $16,590 ($30 per site). FINANCIAL SUMMARY The bid from Graffiti Control Systems of $16,590 is based on completing graffiti removal at 553 sites per year at a cost to Diamond Bar of $30 per site. The 553 sites represents about 25% of the graffiti in Diamond Bar annually. The other 75%, or 1,659 sites will continue to be removed by the San Gabriel Valley Boys and Girls Club (for about $50,000 per year). Total graffiti removal costs for 1993/94 fiscal year will be about $66,590. This is budgeted in the General Fund. BACKGROUND On January 19, 1993, City Council authorized the City of Diamond Bar to solicit bids seeking a contractor to supplement the Boys and Girls Club of San Gabriel Valley for graffiti removal in Diamond Bar. Staff advertised for bids and received bids from three contractors. Bids were opened and read publicly on March 18, 1993. The low bid of $16,590 ($30 per site) was submitted by Graffiti Control Systems of North Hollywood. Staff met with the President of Graffiti Control Systems, Barry Woods, on May 5, 1993 and the following were confirmed: 1. Hotline for reporting graffiti in Diamond Bar will have no toll for Diamond Bar residents - Toll free graffiti hotline number for this contractor is (800) 794-7384. 1 Contract for Graffiti Removal May 12, 1993 Page Two 2. Graffiti Control Systems has a variety of graffiti removal techniques, including: - Colors matched by computer, then spray painted - High pressure water - Sand blast - Solvent/Chemical remover 3. Same day (if called in early A.M) to 24 hour removal time. 4. Graffiti Control Systems understands that their task is to supplement the removal efforts of the San Gabriel Valley Boys and Girls Club. 5. Graffiti Control Systems has received a copy of the City of Diamond Bar Graffiti Ordinance and is able to work within its scope. 6. Graffiti Control Systems is also available to assist the City of Diamond Bar with its graffiti removal efforts that are beyond the scope of this contract, including: - sale of sacrificial coatings at cost (204 per square foot) - assistance with "community paint -outs" - provide information on solutions for other graffiti problems such as glass etching and marquee tagging. DISCUSSION The City of Diamond Bar currently has a graffiti removal contract with the Boys and Girls Club of San Gabriel Valley. This contract includes a $250 per month retainer fee, plus a per site fee as follows: - $15 per small site (10 sq. ft. or less) - $25 per medium site (11 sq. ft. to 150 sq. ft.) - $50 per large site (151 sq. ft. or larger) If the above fee formula were entered into the bid pricing specifications completed by the competing contractors, the bid for the Boys and Girls Club of San Gabriel Valley would total $16,305. Compared to the $16,590 bid submitted by Graffiti Control Systems, there is about a 1.7% difference. Staff feels this represents very competetive pricing by Graffiti Control Systems. An additional benefit from Graffiti Control Systems is its variety of removal techniques. The Boys and Girls Club either paints over graffiti or removes it with solvent. Graffiti Control Systems matches color by computer, then spray paints over it, or uses solvents, but also could sand blast or use high pressure water if conditions dictate those alternative methods. Prepared By: Bob Rose. Director of Community Services 2 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 12, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Bond Exoneration for Grading on Parcels 1 through 4 of Parcel Map No. 13041 (Country Hills Towne Center). SUMMARY: The City of Diamond Bar desires to exonerate the surety bond posted for grading of Parcels 1 through 4 in Country Hills Towne Center located on Diamond Bar Boulevard on Parcel 13041. RECOMMENDATION: It is recommended that the City Council approve the exoneration of the bond posted for Grading on Parcel 13041 in the amount of $101,780.00. Further, it is recommended that the City Clerk notify the Los Angeles County, The American Motorists Insurance Company and Diamond Bar Investors (Landsing Pacific Fund) of the City Council's action. LIST OF ATTACHMENTS: X Staff Report Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other:Final Grading Certificate SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Beli9ger George A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Exoneration of Bond for Grading on Parcels 1 through 4 of Parcel Map 13041 (Country Hills Towne Center). ISSUE STATEMENT This report requests the exoneration of a grading permit security posted for the grading of Parcels 1 through 4 of Parcel Map 13041 (Country Hills Towne Center) shown on the As -Built Grading Plans for Parcel Map No. 13041, on file in the office of the Department of Public Works and constructed by Diamond Bar Investors (Landsing Pacific Fund) . RECOMMENDATION It is recommended that the City Council approve the exoneration of the bond posted for Grading on Parcel 13041 in the amount of $101,780.00. Further, it is recommended that the City Clerk notify the Los Angeles County, The American Motorists Insurance Company and Diamond Bar Investors (Landsing Pacific Fund) of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1992-1993 budget. BACKGROUND The City of Diamond Bar's Public Works Inspector carried out a final grade inspection of Parcels 1 through 4 of Parcel Map 13041 in Country Hills Towne Center on Diamond Bar Boulevard on March 17, 1993 and found it to be satisfactory. Therefore, the surety bond posted for the grading may now be exonerated.. DISCUSSION The following listed surety bond needs to be exonerated: Parcel No.: 13041 Bond Number: 3SM 705 798 00 Principal: Diamond Bar Investors (Landsing Pacific Fund) Surety: The American Motorists Insurance Company Amount: $101,780 Prepared By: Anne Garvey L CITY OF DIAMOND- BAR 21660 E. COPL.EY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 714 -860 -CITY 714-860-2489 • =s SUPERVISED GRADING INSPECTION CERTIFICATE JOB ADDRESS/TRACT NO. PARCEL MAP N0. 18722 PERMIT NO. OWNER LANDSING PACIFIC FUND CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon compet and properly prepared base material and compacted in compliance with requirements Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttr fills or other similar stabilization measures, such earthwork construction has b completed in accordance with the approved design. LOT NOS. See report dated for compaction test data, recommended allowable s; bearing values and other recommendations - EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS Engineer Reg.No Date signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION I certify to the satisfactory completion of rough grading including: grading to aporoxim< final elevations, property lines located and staked; cut and fill slopes correctly gra( and located in accordance with the approved design; swales and terraces graded ready paving, berms installed; and required drainage slopes provided on the building pads. further certify that where report or reports of an engineering geologist and/or so. engineer have been prepared relative to this site, the recommendations contained in sl reports have been followed in the presecution of tb,- work. LOT NOS. C7&a:aQK_ J[`Fft= �✓�2�=fie (,> t[r/+'f!"cL. 1 Wl-9S Q4—jt[Sj_v C TUc4 REMARKS Engineer`/ � Q • V Reg. No. Date 3 -17- 13 UPERVISING GRADING ENkrINEER'S FINAL GRADING CER I certify to the satisfactory completion of grading in accordance with the approved plans All required drainage devices have been installed; slope planting established. and irriga- tion systems provided (where required); and adequate provisions have been made for draina of surface waters from each building site. The recommendations of the soils engineer and or engineering geologist (if -sr �� ons were employed) have been incorporated in the wo LOT NOS. �y9_ REMARKS Engineer -Z �T91 _C, \ FOF C, +t Reg. No. -4r-451 Date 3`�3 STORM DRAINS Pre -Contract.......... Excavation............ Laying Pipe........... Manholes .............. Catch Basins.......... Reinforcing Steel..... Other Structures...... Final ................. Other ................. STREETS Pre -Contract.......... Subgrade.............. Base.................. Curb and Gutter....... Sidewalk .............. Driveway Approach..... Cross Gutter.......... Final ................. Other ................. UTILITIES Pre -Contract........[ ] Edison..............I ] Gas................ [ ] GTE ................. ] Cable T.V...........[ ] Final ............... ] Other .............. [ l REMARKS: Ir.i 1gr edin�G MONDAY TUESDAY I WEDNESDAY] THURSDAY FRIDAY ATTACHED: SUBMITTED: PERMITS........... [ PERMIT & PLANS ON PLANS............ F'iNAL 6F2ADE Gr Ft? ---- REMARKS: REMARKS: L';� [ -C 1� C J t J _rj4 c ;Cxtc i-'14 Ci. or Cyd LL)<JNfl-? 14+LL5 (__12V_IiE( ! % U,S11711Si-igC rJrey- COPY TO SIGNED: INSPECT DATE:— 3 - 17.- g7 3 JAY C. KIM PHYLLIS E. PAPEN JOHN A. FORBING GARY G. MILLER GARY H. WERNER Mayor Mayor Pro -Tem Councilmember Councilmember Councilmcmber RECYCLED PAPER rt 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 714-860-2489 - FAX 714-861-3117 DEPARTMENT OF PUBLIC WORKS !�i'pRPOR?�Y� REQUEST FOR INSPECTION 3 116' 9 3 DATE TO �R K R PLAN CHECK NO �+ ATTENTION: _TACKO zm�ErL' PERMIT NO FROM A N NE JOB LOCATION: Cp-u�N rFtY H i L�,S �'^�NE C.� ►'j re 2 NAME OF OWNER :BA R --r Pp (� TE 2 TELEPHONE NO -7 2 O - 1000 RETAINING WALLS SEWER Pre -Contract..........[ ] Pre -Contract..........[ ] Pre -Contract........[ ] Clearing & Grubbing...[ ] Footing Excavation....[ ] Excavation..........[ ) Rough Grading.........( J Reinforcing Steel.....[ ] Laying Pipe.........[ ] Sub Drains....... ..[ ] Wall Construction.....[ J Manholes............[ ] Terrace & Down Drains.[ ] Grouting ..............[ ) Air Pressure Test...[ ] Final Grading ......... [X] Drainage ..............[ ] Balling.............[ j Other .................[ ] Final.................[ ] Final...............[ ] Other.................[ ] Other ...............[ ] STORM DRAINS Pre -Contract.......... Excavation............ Laying Pipe........... Manholes .............. Catch Basins.......... Reinforcing Steel..... Other Structures...... Final ................. Other ................. STREETS Pre -Contract.......... Subgrade.............. Base.................. Curb and Gutter....... Sidewalk .............. Driveway Approach..... Cross Gutter.......... Final ................. Other ................. UTILITIES Pre -Contract........[ ] Edison..............I ] Gas................ [ ] GTE ................. ] Cable T.V...........[ ] Final ............... ] Other .............. [ l REMARKS: Ir.i 1gr edin�G MONDAY TUESDAY I WEDNESDAY] THURSDAY FRIDAY ATTACHED: SUBMITTED: PERMITS........... [ PERMIT & PLANS ON PLANS............ F'iNAL 6F2ADE Gr Ft? ---- REMARKS: REMARKS: L';� [ -C 1� C J t J _rj4 c ;Cxtc i-'14 Ci. or Cyd LL)<JNfl-? 14+LL5 (__12V_IiE( ! % U,S11711Si-igC rJrey- COPY TO SIGNED: INSPECT DATE:— 3 - 17.- g7 3 JAY C. KIM PHYLLIS E. PAPEN JOHN A. FORBING GARY G. MILLER GARY H. WERNER Mayor Mayor Pro -Tem Councilmember Councilmember Councilmcmber RECYCLED PAPER "FSce<,-utM In Duplicate" GRADING PERMIT SECURI' n County Of Los ngeles fK� Department of ublic Works Building and fety Division A& O( NUMBER: #SMM 705 798 00 KNOW ALL MEN THESE PRESENTS: PRFT7I $3,053.00/2 Years • That we, D_ pond Bar Investors, a 'alifornia General Partnership Newport Beach, Califor ia, as principal, and American a corporation as surety, are le d an --mly bound unto the County of LOS ANGELES, a body politic a d corporate of the State of Cali �,rnia, in the sum of one F.ndred One Thousand Seven Hundrer Eighty dollars and no cE-its ($ 101,780.00) lawful money f the United States, for t,e payment of which well and trul to be made we hereby bin( ourselves, jointly and severally firmly by these presents. Signed, 4aled and dated this 29th day of February 1988. Whereas, an application by the abc re -named principal, has been made to the DEPARTMENT OF PUBLIC WORKS, COUNTY Or LOS ANGELES, Divibion of Building a -rd Safety for the issuance, to said principal, of a permit to perform excavation or fill work or both within the County of Los Angeles more specifically described in tr.e application for a Grading Permit, upon a location owned by said principal located on the Southwest Corner of Diamord Bar Boulevard and Fountain Springs Road, Diamond Bar, California and more accurately described as Parcel 1 through 4 inclusive of Parcel Map # 13041 in accordance with the provisions of Chapter 70 of the Los Angeles County Building Code, and Whereas, Los Angeles County Building Code, Chapter 70 requires as a condition precedent to the issuance of said permit that the principal shall furnish a security in the sum above named to the County of Los Angeles, conditioned as hereinafter set forth: NOW, THEREFORE, (1) If the principal shall well and truly comply with all the applicable requirements of Los Angeles County Building Code, Chapter 70, and (2) If all of the work required to be done complies with all of the terms and conditions of the Permit for excavation or fill or both to the satisfaction of the Building Official then this obligation shall be void; otherwise it shall remain in full force and effect. It is understood that the liability of the principal surety upon this security shall be in effect from the date hereof and remain in effect until the completion of the work in compliance with all terms and conditions of .said trading Permit and until final approval thereof by the Building Official. It is further understood that the County of Los Angeles, or the surety, or both, or any authorized representative of either, shall have the right to enter the above described property for the purpose of inspecting the work, and should the principa'. default in the performance of any of the terms ar. conditions of the Grading Permit, the said County, or surety, or both, or agent of either, shall ha,, - the right of access to the property and may complete the work necessary for compliance wits. requirements of said Building Code, Chapter 70. where the work requiring thi bond is located within an incorporated city an, the County of Los Angeles is the enforcement age.cy, the obligation of this security shall includs the incorporated city where the work is to be performed. In such case the words "Delartment of Public Works, County of Los Angeles, uilding and Safety Division" and "Building Offici l" shall mean such Department and official respectively while acting, respectively, as the appropriate department and official of such city. The cords "Los Angeles County Building Code" mean th building code or other ordinance having provisi-ns the same as, or substantially similar to Chap*:er 70 of said Los Angeles County Building Code. IN WITNESS WHEREOF the principal ane surety caused this security to be executed the day and year first above written. Principal: DIAMOND BAR IN%7ZSTORS y BY: TRIAD INVESTMENT PROPERTIES General Partner BY: HYPERION CORPORATION Ge neral Partner A,c aD President Surety: " American Motorists Insurance Cangany Raymond E. Gail, Attorney -In -Fact Local Mailing Address of Surety: 7900 W Broadway 0 Bond No. #1105 798 000 1 QR0l1P SURETY BOND ENDORSEMEN" �J To be attached to and form a .art of • Grading Permit Securi_t. Bond, issued by the undersigned Cotupa- Y, as Surety, on behalf of Diamond -Bat Investors as Principal, and in favor of Lou Angeles Co. Engineer -15 dg. & Safety Divisionas Oblive. Effective February 29th , 19 88 , the Principal and the surety hereby agree to amend the attached Bond as follows '9%1. THE BOND NUMBER IS HEREBY AMENDED TO RZAD: " 3SM 705 798 00 " Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached bond, and in no event cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. Signed, scaled and dated this 8th day of March _ __ 19... -JI$. Diamond Bar Investors ultme of Prin,ipal By zlo� American Motorists Insurance Company y'ur�iy ACCEPTED:• By RAYMOND E. GAIL Atiornes in fsee los Angeles Co. Engineer Bldg. & Safety Division Kann Of (ILS�bc Dy Tall Endorsenwnt No: 01- . - 1K (13-4 7 a: Iwo FkiNTCO N L.S.A. r FROM LOU JONES ORANGE S.2O,1992 7� F. 3 • r "F.cecutM In Duplicate" GRADING PERMIT SECURITY County of Los Angeles Department of Public Works Building and Safety Division 8�2SI92 �iSKE� �-- M NUMBER:1,9M 7Q5 120 00 KNOW ALL MEN BY THESE PRESENTS: PREMIUM $3,053.00/2 Years That we, Diamond Bar Investors, a California General Partnership of Newport Beach, California, as principal, and American Motorists Lu. LLrance fly a corporation, as surety, are held and firmly bound unto County of IROS ANGELES, a body politic and corporate of the State of California, in the sum of One Hundred One Thousand Seven Hundred Eighty dollars and no cents ($ 101,780.00) lawful money of the United States, for the payment of which well and truly to be made we hereby bind ourselves, jointly and severally, firmly by these presents. 1988. Signed, sealed and dated this 29th day of February Whereas, an application by the above-named principal., has been made to the DEPARTMENT OF PUBLIC WORKS, COUNTY dF LOS ANGELES, Division of Building and Safety for the issuance, to said principal, of a permit to perform excavation or fill work or both within the County of Los Angeles more specifically described in the application for a Grading Permit, upon a location owned by said principal located on the Southwest Corner of Diamond Bar Boulevard and Fountain Springs Road, Diamond Bar, California and more accurately described as Parcel 1 through 4 inclusive of Parcel Map # 13041 in accordance with the provisions of Chapter 70 of the Los Angeles County Building Code, and Whereas, Los Angeles County Building Code, Chapter 70 requires as a condition precedent to the issuance of said permit that the principal shall furnish a security in the sum above named to the County of Los Angeles, conditioned as hereinafter set forth: NOW, THEREFORE, (1) If the principal shall well and truly comply with all the applicable requirements of Los Angeles County Building Code, Chapter 70, and (2) If all of the work required to be done complies with all of the terms and conditions of the Permit for excavation or fill or both to the satisfaction of the Building Official then this obligation shall be void; otherwise it shall remain in full force and effect. It is understood that the liability of the principal surety upon this security shall be in effect from the date hereof and remain in effect • Whe the work requiring this bond is located wit n an incorporated city and the County of Los Ang, as is the enforcement agency, the obligation of pis security shall include the incorporated cit; ;where the work is to be performed. In a.ch case the words "Department of Public Wor; , County of Los Angeles, Building and Safety Div Lon" and "Building Official" shall mean such Dep: tment and Official respectively while acting, rest �:tively, as the appropriate department and off: Lal of such city. The words "Los Angeles Coin I Building Code" mean the building code or othe ordinance having provisions the same as, or sub: antially similar to Chapter 70 of said Los Angc <s County Building Code. IN WITNE1.WHEREOF the principal and surety caused this security to executed the day and year first above written. Principal: DIAMOND BAR INVESTORS BY: TRIAD INVESTMENT PROPERTIES General Partner BY: HYPERION CORPORATION General Partner Michael D. C-iatbirth President Surety: ` American L12=iStS Insurance Ccarpany Raymond E. Gail, Attorney -In -Fact Local Mailing Address of Surety. -,-2900 W. Broadway 0 VOLUNTARY REQUEST TO ADDRESS THECV OUNCIL REGARDING AGENDA ITEM NO. / DATE: TO: Citv Clerk FROM: ADDRESS: ORGANIZATION: 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. ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO., DATE: 67— TO: City Clerk FROM: ADDRESS: ORGANIZATION: 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. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCI REGARDING AGENDA ITEM NO. DATE: A(14,i/ g, /9 6u TO: City Clerk FROM: N111\14 aotllc /4-2 0 ADDRESS: 2 i �o'I 3 j C O L D ORGANIZATION: rl W '-S-7-RAI G;f,1ZVC ,, SUBJECT: 3 9 AA G otff &t IV U4q e+ GOLQ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CI= COUNCIL REGARDING AGENDA ITEM NO. DATE: ��'��" 7✓ TO: City r1ark FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and addres*-ap,Atritten above. ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on t4fe subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: S / Y--- /,- 5 TO: City Clark FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to addrebs the Council on the subject agenda item. Please have the Council Minutes reflect my name andddress as writte bove. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. � ) �- r-(7, /�J ,`mak City Clerk v �' S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as writen above. r,\ .. O - gnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: (g/9' 3 TO: City Clerk FROM: FROM: / CK / v( r (, (�Q f��e 4 9 L J ADDRESS: ORGANIZATION: SUBJECT: \r7. I expect to address the Council on the subjec a nda i . Please have the Council Minutes reflect my name and address it en abve. Signa, e NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. AL RUMPILLA 23985 GOLDEN SPRINGS DR. DIAMOND BAR CA. 91765 PH 909-8618898 MAY :17 '1993 TO: THE FIVE DIAMOND BAR CITY COUNCIL MEMBERS, CITY MANGER AND CITY CLERK I am asking that this letter be entered into the reco`" a'd minutes of your MAY 18, 1993 council meeting because I an not abe to attend. I am objecting to the drafted property maintenance ordinance. I feel that the subcommittee has drafted too strict of an ordinance. On page 2 [D] whom is to be the judge of what constitutes the character of a neighborhood?. [E] all pick-up trucks would be in violation because they are all register with commercial license plates. [F] I would not be able to work on my own car because it would be inoperative and in violation. PAGE 3 [J. 21 weeds in existing flower or decorative planting beds, just a bit over killed. PAGE 9 [N] If I and a couple of my neighbors do not like a neighbor, we could declare that neighbor as a public nuisance. PAGE 6 [15] This section is a very dangerous statement. One could interrupt this paragraph to mean electrical drills, saws, weed eaters, hammers, or any type of power tools that are use around the home. Also any kind of tools to work on one's own car.These are only some of the things that this paragraph could include. This is a catch all statement that should not be in this draft ordinance. The power that this ordinance gives the code enforcement official is walking on a very fine line of violating our CONSTITUTIONAL RIGHTS. I would like the council to table this ordinance forever and use the laws of the state and county that are already on our books. I would like for this council to think about starting a program like some other cities have done, that help the elderly, disable and the families that our down on there luck. The program is the city sets aside monies so the city could help these people paint, clean and have a nice home free of charge until the people can get back on their feet. I really do not know of anyone that really does not want a nice and clean home. But some times the people are just not able to do so because of health, income and other circumstances. MR. AL RUMPILLA Tom Van Winkle 21103 Gerndal ST. Diamond Bar, CA. Diamond Bar City Council, May 18, 1993 f Kn There are several things I would like to say regarding the general plan issue as well as the City's inability to obey the law. First, lets take the inability to obey the law... 1. The hearings to revise the General Plan are a farce. We have no General Plan. Diamond Bar is operating under what is known as Ordinance No. 4, by Order of the Superior Court, by virtue of a judgment rendered on February 27, 1993, by the Orange County Superior Court on behalf of the Los Angeles Superior Court. The hearings may be a good place to begin, but, I think we should comply to the law, the Order of the Court. "Lets just start over." 2. We do not have a General Plan. The following projects are in violation of Ordinance N0. 4, and may be in violation of the Law: The RESIDENTIAL CONDOMINIUM UNIT at the old post office, approved in April 1993; The ZONING CHANGE FOR TONNER CANYON, adopted October 1992; The HILLSIDE MANAGEMENT ORDINANCE, adopted December 1992 and any permits pursuant to that ordinance; the SUBDIVISION AGREEMENT FOR TRACK MAP NO. 31977, commonly known as "Gold Rush Drive" development; & The YELLOW BRICK ROAD project, as well as many others. 3. Finally, on the General Plan issue, I want to know how you intend to pay back, the $500,000.00 that you have wasted on the General Plan? Do you intend to write a check for $100,000.00 each? How are you going to repay the citizens, the four years you have spent refusing to listen, and to do what you have been elected to do? All anyone is asking the City to do is obey the law. If the City would "just start over" and satisfactorily complete a General Plan, we would be able to go on with the things we need to do. The City is wasting all the money, not the residents, the City is wasting all the time, not the residents. When will the City learn to Obey the Law? If the elected representatives of our City cannot do their jobs while doing the will of the people and obeying the laws of the land, then they should resign and get out of the way. Tom Van Winkle cone! POMONA VALLEY HUMANE SOCIETY 500 HUMANE WAY POMONA, CALIFORNIA 91766 (909) 623-9777 CRIMH CLA9.SIFICA7ION CASH NO. PAOH NO. OP 8 A rz._ R L -V b, STp-FtY- I aZYU 2ED iJc-zE2 A 8-0-1 U E-0 S 0,S Jam( -- 9:41 h*t, DAF -;I - F -b Q til D 1"--YU a -r --b . IMP6,()fJnE31 F3q I) atit� cc�ct�- %�327�74� _ �EEJ2 PL) Tb - r, (_FSP (t o -Tu2Y s ) -7-A R- F�2 8 t M drJ 20 E. '` 2.9 ST7�-Ay LL)6sEbEE _cn� ac F:tc:..,__ 9: 2_S aK —?!3:5 A64, Q# -4A -9(-E- T-0 LGc-A-r-C-- b U-4Ejz-, M ot) Q-0 E- " Al .!!I( 19193 SUt-rM (T 21DC-E 4b)A G/Lt tt4b _> U&. %30 P/Y. I'6:60 PM, `�riz5 (g3 G (LA*,! D 0BS) 26:s ) BtST NOMA-61JEE SocrEiV. M&mt20(F- ' Z`i �- Aig3 C-HjNb H(u.5 Phal-lWiY ALln C.H(t,�Q AdE, 145 PO4-9'-ZSPH, 517� 1W-'-T-JR-ED LEZ-2. - bUND DEAD aO A -P2 •tP-L MarlRDc--* ZC-1 �► s f ar r - RP.PORTMO OFFICERS :Of CPR : DATH5 ( TYPED by: DATP itpvtm HD 6Y POMONA VALLtiv. ftum F, socm-ry W HUMANE WAY PoMbRA; tALIPOPNIA 01766 PA tip 1 ,- eob@ d A9sirtcA•rtoN _, • 11BG Deer �. SundayR 4/x/53 1 was dispaLched a call aL nt:t,Loni.antely 8:15pm fue an deer, which tats by two seperate cars. I thea proceeded to the deers •10 e -noi`t side of Grand cross street of Montifeno;itigadtf 0, g. Upon my arrival at 3:2f3inn Diamond Bnr Sheriff and fire wins were Otl,.sCene! ` ,, I t t pruce dei ttle�deer COrxC1(ileli11111P�1tS„1I1,�LLCleS,r,�112 de,er_wa t1, ��,� ; .. gars �:wa •t�Fi� x, �1s3� ._ d many broken bones andpossibly'internal a � ,:Y the help of two sheriff deputies I was able too lift Lhe deer -into” ttb�'xt!'t1 , ar1d' left the scene at 8:45Um s: r ;.L6nfortunaLely in this ease I'was unable to I,eLLer Lite deers conditiosQ ',, r•, h •tci the ,many injuries, The deer passed on before arrLval at the shelter., iys►.R f'etr.�rLdd`"t,l,$r rn4u` . y ce e: 1'oraon& t I{"iv.. '9 k::;; ; ii ;•, � i �y:fi't� .rx, •., `7;�y J, G0*01 A 13 1665- r � r r y5l�I L , LV rt w. ✓{ mbllrpe�.#29 101'. Monroe #29 lot I Y 1 n y DALE MUELLER The Me of 12ewon health care research and development • locum tenens /�� tell /If3 A. -a (J g�...�,.► �. �.�:,. .�-ate, Aao 9 Az ems- 9 , ;t_ 3015C La Faz Lane, Diamond Bar. CA 91765-3850 24-hour: (909) 861-6232 • FAX (909) 861-7622 AL RUMPILLA MAY �17 1993 23985 GOLDEN SPRINGS DR. DIAMOND BAR CA. 91765 PH 909-8618898 TO: THE FIVE DIAMOND BAR CITY COUNCIL MEMBERS, CITY MANGER AND CITY CLERK I am asking that this letter be entered into the record and minutes of your MAY 18, 1993 council meeting because I an not able to attend. I am objecting to the drafted property maintenance ordinance. I feel that the subcommittee has drafted too strict of an ordinance. On page 2 [D] whom is to be the judge of what constitutes the character of a neighborhood?. (E) all pick-up trucks would be in violation because they are all register with commercial license plates. [F] I would not be able to work on my own car because it would be inoperative and in violation. PAGE 3 [J. 23 weeds in existing flower or decorative planting beds, just a bit over killed. PAGE 4 [N] If I and a couple of my neighbors do not like a neighbor, we could declare that neighbor as a public nuisance. PAGE 6 [151 This section is a very dangerous statement. One could interrupt this paragraph to mean electrical drills, saws, weed eaters, hammers, or any type of power tools that are use around the home. Also any kind of tools to work on one's own car.These are only some of the things that this paragraph could include. This is a catch all statement that should not be in this draft ordinance. The power that this ordinance gives the code enforcement official is walking on a very fine line of violating our CONSTITUTIONAL RIGHTS. I would like the council to table this ordinance forever and use the laws of the state and county that are already on our books. I would like for this council to think about starting a program like some other cities have done, that help the elderly, disable and the families that our down on there luck. The program is the city sets aside monies so the city could help these people paint, clean and have a nice home free of charge until the people can get back on their feet. I really do not know of anyone that really does not want a nice and clean home. But some times the people are just not able to do so because of health, income and other circumstances. MR. AL RUMPILLA AL RUMPILLA 23985 GOLDEN SPRINGS DR. DIAMOND BAR CA. 91765 PH 909-8618898 TO: THE FIVE DIAMOND BAR CITY COUNCIL MEMBERS, CITY MANGER AND CITY CLERK I am asking that this letter be entered into the record and minutes of your MAY 18, 1993 council meeting because I an not able to attend. I am objecting to the drafted property maintenance ordinance. I feel that the subcommittee has drafted too strict of an ordinance. On page 2 [D] whom is to be the judge of what constitutes the character of a neighborhood?. [E] all pick-up trucks would be in violation because they are all register with commercial license plates. [F] I would not be able to work on my own car because it would be inoperative and in violation. PAGE 3 [J. 21 weeds in existing flower or decorative planting beds, just a bit over killed. PAGE 4 [N] If I and a couple of my neighbors do not like a neighbor, we could declare that neighbor as a public nuisance. PAGE 6 [151 This section is a very dangerous statement. One could interrupt this paragraph to mean electrical drills, saws, weed eaters, hammers, or any type of power tools that are use around the home. Also any kind of tools to work on one's own car.These are only some of the things that this paragraph could include. This is a catch all statement that should not be in this draft ordinance. The power that this ordinance gives the code enforcement official is walking on a very fine line of violating our CONSTITUTIONAL RIGHTS. I would like the council to table this ordinance forever and use the laws of the state and county that are already on our books. I would like for this council to think about starting a program like some other cities have done, that help the elderly, disable and the families that our down on there luck. The program is the city sets aside monies so the city could help these people paint, clean and have a nice home free of charge until the people can get back on their feet. I really do not know of anyone that really does not want a nice and clean home. But some times the people are just not able to do so because of health, income and other circumstances. MR. AL RUMPILLA �� •nl �y p.,.y.,.m� IwAlt! ut: 'q,-M.gJ wq SM048d •r 4dasor 1��•llc yut:d !1:!.iowa!� usl:•I Ilnar,ul:.t•t\- �Plaq u,v.x! uol\ Pa!P ,tayl:ul,ttuuy jaAn6N !41 44e4K r, srll .,uur. (• '.l agp,.u! tnl:[. nil „ -_ sewe-1 zauwew rn .,.! Lxn:!• l,uu ul,,l u, „ 11`, P un:z LZL:-LS6 (I'LL) _ung `.�uePJ I1e310 LHS -Z7( (rlL) le ,als�oad ayl 01 vallal %e3 ueD 0'.1e nod, uleap I" alep pue abe ;uteu s,pasea)ap'lagwnu auoyd aw!1 -iec s .aiva awoy lelaun� aul 1;171 'L LLZ6 eu- e.ue5 92911 log Od '101slbaa nluno:) abuelo ayl'vaual all -i 01 a1uM miom OS L U2141 l"6 1-101 olt �� naiP oqM DUE Dranbe County Register WEATHER P-;4- Register CITIES Friday, NhIN. -. 1993 oroaram. Studen- >ai ]re i.l.vr.!J auusa[ 'S.taILWIMp :opsao[oJ Jo i.vwipauH P.tsq. d !xtn ,U!Uj )0 3AD" -PauH WA,)JS ',;UoS Jaq .�q panwnS -ruv s[usS 'K•ud !auoluap� uansgJ!nJ lr. !Fling 'uR9n' •!adngJ NaRWPOS la .;spanlsS •mB [ t 1u wa!uaS 'SBpuoh Pa!P lastsmamoq ,luv Vilms s 't. 'uueuuaH I s]01 'uasPT!gaPUVa_1Tt,V2 uanas pus :na.tp!!gapus_to .1-1 :gosag uol8upanH Jo 'angbrt' .Jaglatq :a[sts uo•[9n9gSuA1 )o .tnttrl� .Aloaocl 'aalsts NMag U01 _�utlunH Jo gloq 'aa`l S ln!°v P- most alugdais 's laly�nsp s!q nq paewnS 3,,md teuomaw aalsumusaAl 18 !sung .jalsulunsaAl 'gjingj lu UMMIS P"B"11 -_•Togs •m•s p[ is S-%Ua5 valsu!m .. r�un.t Is!�to'J ,il!ms,3 . y., floq ao pagsluliun uv angq sawpamos P[noo s'Woila siq I'M Ila] oqm sot -Ilaa sq uana 'pap MoU3Jag slapm sgm luq} InaM lg tn}gu ]o fAgvnb v pug -Onapi noo lmsigd �unsa.Lre U,8 Aq pauiiap sem I" s o nN aQ ' lylt '2jul}ured ao ftulmVJP m Jaq}agM Spica aAl}du3sap snout o} mjo �dsaasool am 2su II n1 Jul UmOU 1 aurejaq aq s056 T Chea dOj IIA1oIISj am ul .,,1410 3t1O k maN ul Saallg� s tulaqua22nf) mad }g MT u! nnogs ueia-auo }soli slq Pgq aH 0.N 'VA01q9' Ul a5a[p0 ulgl MN 313vig PaPuallg agr7 TSH aa6ul61 m(IIT r1U8 uugm]]OH n 'gni St i'sa Pug' VV"r.y sale wouw aaa ,ppp aces to state park NVIRONMENT: The ,al must still be ap- roved, but Brea offi- lals are pleased. The Ind includes valuable natcatcher habitat. V LOUSE WOO he Orange County Register BREA — After nearly eight 'ears of negotiations, the State De - Recreation la>�ent of Parks and to buy s close to an agree l<bout 1,000 acres of wilderness area from Shell Oil Co. for expau- sion of Chino Hills State Park• The land, which is habitat for mountain lions, bobcats, deer and the endangered California gnat - catcher, is expected to be sold for $6 5 million. said Pat Pollard, prin- ging of the hillsides." Chino Hills State Park covers about 12,000 acres in orange and San Bernardino counties. While the main entrance is in Chino enter Orange County residentsn can Regional it from Carbon Regional Park in Brea or from Road in Yorba Linda. If the sale is approved, the prop- erty will go into escrow, said Rob- ert Baxter, an acquisitions project manager for the state Department of Parks and Recreation. If approved. the first 960 acres of the land will be transferred to the' parks department in 1994, with the remaining 48 acres transferre r in 1995. The state has as Op to buy an additional 200 acres, Bax- ter said, which might be bough= with money from a $1.9 billion* bond initiative slated for the June . 1994 ballot cipal program budget analyst for the State Department of Finance. The purchase will be up aP- proval by the state Public Works Board on May 14. Brea city officials said Thursday that they are delighted with the pending sale. The land is within Bre,Ws sphere of influence. "There are certain areas that deserved to bepreserved and this is one of them' . said Jay Trevino, a cit`' planner. "This will provide fu- ture recreation for the people of Brea, preserve some critical vv�ld- lite hahiull and prevent develop- , ..u,Id T•PUUire ehtenslve Want to hear a good one? press category M, oM»GT couwwmrsita 6000 for a listing of free InfoUne Storybook (714) 550 -INFO tines 1� REE Ste dr` tia BY' The ral do Co of da Nri pt fo ]•f fo o1 AGENDA ITEM NO. 3.1 NO DOCUMENTATION AVAILABLE AGENDA ITER[ NO. 3.2 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 3.3 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 3.4 NO DOCUMENTATION AVAILABLE Foothill Tralisit Zolle L-,. jj-jjjC^ '�'(�.,,IISMittdl Ff-, t� � - I , j"'L rages rn Ir: we are sentling 41,0JI a la, -s s, compattle tiPJ'th irost GrOup 2 �,;d rfc, cna-c s a r o C, U Xxomlive Board BOP Kind' Am AWS Vice Ptes;der,' R:)bc!T *5,-0' Ra-niGr Alfembqf 11-71ke I avw� Member Water Exec.Wiva Uirectar Ryw K Do* Members Arcadia Azu,;--. B a "d vV - I'l Pa: 1. -P,ar.byry C'ar,-r.,Dnt lov""?a 0 ia m Daa-te V mwl�' irwrwafp to Verne kwQg"S4wq MOnW64 Pemna Ss'? 01'-raz South 0 mw elTrl'& Clty West Coma Footh;ll Ti--amit April 35r 19A Footlti!l Transit Day Tk-4.- MAN Cides: T�i, we��o:-iattoll's I - week As of Nfay 17 -23, 1992, is the A-n�:,rjt'afl CAM) lly Trais,.t ';Vcc'3i a intio!i !rin� X,.� wo: and PaSSINgers. NOW, Wnsit 11 iflvwrig all L -lie cLties' to join in Iby pardoladng in a'J*_ y -'y�Llli�i` 't'- ' . NCh Wne CRY Id. ',3SIr7AW D), 1993 as "Yoo:'w0l' ..rat sit Emy" A led cay, ROJ,�,, lra.rsa tieeds tkie sup,port its locz.1 �-,ommunhiw to be a part"r in do coRm to ralce air i} wher aspect of "'T) y TmuAsit %VCIA" AS the 16"' wli';� '�'Jayors' ,k dh, Mayors anlor Counn-ilmmtat s pAQ to fi�iz a FOnAl Transit bus Qi; "Foo"'hiii The boa' wiP be tk).;On :ou, wr. a ':)f ,;it'd 'xill be CL"Maged in johi you Wough newspapw -'Vli ode coupons. If you V;UW4 Aw amens l; in ill, 1-hiS, rijL-c-'tOnib PINN' i.onwl Inv m Qg) 9,,7-3-'47to r-,]aP all LIC WeSSMy WirangelleSS, PleaSe ,afl before 14,',y 10, 103 ru a3lo%v fol a,.-,c;w,—e uvnc I loTolk forwarel to " 00 .Y SoOl"', Joym C. Baner "Imbir Q INVArs & Mununuamm suggested Copy furt P�,lsmuta�n: ' , •►'r a resid r t<� of Di=ond 3v arke, avid suppol ears (if desigrled to .du a air' i~ Ilea art, Kaffir GDr,�eat.olj a: -:d ;Wer prt le. s assrxi * , with single -cx vipant atjno mobile travel in the r;ar. S abriet and Pr.mcna al eys, ea,J xa n nd Bar residents :,Iavt' �r.l-c.r; s?��� r*� a rtromj F.f ut*ty foal' the clomn Vi&��3C��e�R�,�Ir".j�ry��„{,�,r�jg `� et ♦/qq. +ten f � �p p �+ ( ��pa��i }� ry rnn L .wit peC - p ,,,y,e; q and Comfortable buseg 5/f Foothii �ranSid, f3,nd h,syt hA,` ,-%d make ?1.�}.�. iio-�MAblt P}4.�1+i66er a national mode! for tr ru'�. e icrAn , irerfarrrarce and }7ity°;'r:�rrvxt rtn �ing, d Wif',R.L"$ the city's rr %yors and city Cclurscii Transit with experienced a rwit teadersh p th, jugh the v� wt , ' n�ti�,ej�, r* biciPattt�g iit tate organizaaunls hoarc4 of d re.^,orc and }rand i ra�cIl4 pan , � C, 3tticr ; VAaA, as the ponjon& valley's, Fcct!"liD TnamAt is co7,jmitteml to ;?lakino. t�'iesa CctY-2"t ii2't3t�G� 6 'actteX place to live, and NNHEREA , Fouthill Trunsit is woridng wsth D, a:�ond F�: to dvwl��p an irnpsc.f al itfCal program for Try TraUit week. 1991" a Mtiomal �w rzrlx::��� s�csigr�e�= t� erxc��Gxag�transit ubt, and WHERFASCL:.>t':an , Krt :;':cvera-";.ol1 V+'Al the Vr Q''.1Wlit%' :4ganagiement'Dist Gt, promoting Tem jUdeshere" t tough N `'Fill lip On 'I,4ur±-d8)'s" prograin to tPc,,,.irage =—Poling on the bus=est :ra.f�ic day u£ the w c. ; , TUr–SOREI RE rl' RESOf,'M"l O THATf, tete Mi'Yc r of the Cit;; -:f ll' i n ud Bar, proclaim Thursday, May '2tl, 1993 as FOO'' .1 TR,V gl i` D.AY in Di&r;.1& Bur. I call upon all chiaens to case �"C iti�.il3 Tr.sr►sit as t xic pr-rr��� MIS of t*ar:sp~rcaticle tluoughout the San aab.xai and ?c„ x; r►a 'a ;aevs, grad ti.� c;,)ns;.d .r ',,r ing the. tras sit pro-idGr a regular l a't of ;heir : '•y jives- ;n ;,on�unc,iczr; v�ith tl'. � prxl tatA >rt, I sledge to ride Foothill i i misit on F'OOTI- I1.I. `'I'Rt�.?:"I'I' � ��� �� a" r��.rrp'i �f sensible transit patterns and to help make, c-ur great rity ask place tr. �-"�e' Date MWr of 1" iamond­ l al' �. - HINUTEB OP WUZ CZTY COIMCZi REGULAR MEETING OF THE CITY OF DIAMOND BAR �, APRIL 20, 1993 1. CLOSED SESSION: 5:00 p.m. Litigation - Government Code 54956.9 - Diamond Bar Associates v. City of Diamond Bar Personnel - Government Code 54957.6 No reportable action taken. 2. CALL TO ORDER: M/Miller called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. INVOCATION: The invocation was presented by Pastor Jim Sheets of Golden Springs Calvary Chapel. ROLL CALL: Mayor Miller, Councilmen MacBride, Forbing and Werner. Mayor Pro Tem Papen was excused. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Tommye Nice, Deputy City Clerk. M/Miller introduced Gary Lockhart, newly -appointed Assistant Fire Chief. 3. PUBLIC COMMENTS: Clair Harmony, 24139 Afamado, spoke in support of most of the Graffiti Ordinance; however, he expressed concern that the Ordinance tends to punish victims of vandalism, and over -restricts merchants by requiring them to lock and secure such items as nail polish, crayons, and chalk, etc., creating an economic burden on the local business community. Oscar Law, 21511 Pathfinder Rd., referring to a letter he received by the Emergency Services Coordinator, Phil Armentrout, indicating that the Pathfinder Bridge may be closed during construction under certain circumstances, requested that the Council strongly urge that at least one lane be kept open at all times to allow for emergency vehicle access. George Barrett, 1884 Shaded Wood Rd., stated that the five minute time limit for public comments is not a sufficient amount of time to express concerns regarding such issues as the proposed South Pointe development. William Gross, 21637 Highbluff, expressed concern that C/Forbing may have insulted Assemblyman Horcher during his trip to Sacramento by wearing a certain political button. Nick Annis, 1125 Bramford Ct., requested that the City Council reconsider their decision on posting "No Right Turn Monday APRIL 20, 1993 PAGE 2 through Friday 4:00 p.m. - 7:00 p.m." signs at Rolling Knoll and Country View. He further stated that a road through Tonner Canyon Rd., should be explored as well as freeway improvements to alleviate the traffic problems rather than creating more restrictions on public roads. Don Schad, 1824 Shaded Wood Rd., suggested that the City and residents could have worked together collectively toward preservation of Sandstone Canyon. He further expressed opposition to the development of a road in Tonner Canyon as a way to solve the City's traffic problem. Eileen Ansari, 1823 S. Cliffbranch Dr., spoke in support of the Graffiti Ordinance; however, she felt that the Ordinance creates excessive burden on merchants requiring them to lock up such products as nail polish, markers, crayons, etc., because they are considered graffiti tools. She further stated that the Ordinance appears to penalize the victim when vandalized. Dr. Joe Gorman, an environmental expert, made the following comments: a DEIR cannot be approved unless there is a preceding or present General Plan; the Sandstone Canyon DEIR is not worth the money spent on it; there is not enough open space in the General Plan; and the geology and hydrology section of the South Pointe DEIR needs further attention. Barbara Beach Cushane, 2021 Peaceful Hills Rd., stated that she addresses the Council on those issues that she considers of utmost importance and not because she is seeking attention. M/Miller requested that the following letter received from Mr. Tom Van Winkle, become a part of the record: "Dear Council: Regarding the General Plan workshop and hearings. "I want this General Plan to be reflective of the will of the people and guide Diamond Bar forever. "I feel the concerns of the public are not being adequately addressed by the proposed schedule to re -work the General Plan. A new schedule should be made. "Is the City, once again, blocking input from the main groups in the community? What does the city plan to do with the information gained from the work shops? Does the City expect to accomplish in seven meetings what they haven't been able to do in the past four years? "I was under the impression, since this issue was decided by the court, that the City could put the General Plan on a ballot or rescind the General Plan and start over. Since the city had the wisdom to rescind the General Plan, I feel the new schedule should be reflective of the following. APRIL 20, 1993 PAGE 3 "Your present seven meeting schedule may be adequate for input only, for the community at large. The City Council should then put a committee together represented by the following groups: The original GPAC, business community, various homeowner groups of which are presently active on preservation of all the canyons and open spaces, Gadflys, any other resident or persons that wish to attend, and last but not least the Diamond Bar for Country Living, the group that started the referendum to begin with. "This special group should review the General Plan page by page, line by line to restore it to the will of the community. When concluded, this document should be printed and released to the public for review and public hearings be re -opened by the City Council for discussion and approval. If the City Council should make changes, it should only be to make the document more efficient, not to change the meaning of the document. "I want to thank the City of Diamond Bar and the City Council for their consideration of this letter." 4. COUNCIL COI+ENTS: Asst. Fire Chief Lockhart, at the request of CM/Belanger, explained that emergency vehicles will always have access to Pathfinder Bridge in either direction. However, if something prevented crossing at the bridge, resources would be dispatched from the opposite side to ensure acceptable service levels are continued. C/Werner suggested that the City clearly state the interest in retaining full access across the bridge during construction. He further suggested that the Graffiti sub -committee meet to allow additional input from members of the business and residential community, and that clarification appears to be needed by what is meant by implements of graffiti. He further stated in regard to the signs posted on Rolling Knoll and Country View, the Council will discuss the matter in detail during one of their June meetings. In addition, he requested that this meeting be adjourned in memory of the 50th Anniversary of the Holocaust during World War II. C/MacBride reported that both the Fire and Sheriff Departments must enter a property in order to take care of public health and safety problems, i.e., mosquito evasion and problems with encephalitis, caused by neglected swimming pools. He requested that staff make the appropriate contacts to determine what assurances are needed to provide the best pattern of access to such areas that may be a public or safety hazard. Council concurred. C/Forbing thanked the Historical Society and the Diamond Bar Improvement Assn. (DBIA) for sponsoring the City's 4th Anniversary celebration. He further stated that in regard to the Graffiti Ordinance, it was developed on the basis of input from the Sheriff's Department and was reviewed by the Chamber APRIL 20, 1993 PAGE 4 of Commerce. There was sufficient opportunity for the public and businesses to comment on it. In regard to Mr. Schad I s comments regarding the use of proposition monies for the purchase of Sandstone Canyon, he explained that those monies can only be used for those items specifically mentioned on the ballot. M/Miller, in response to comments made by Mr. Harmony, stated that he addressed students at both Diamond Point and Golden Springs Schools explaining the Graffiti Ordinance and they did not feel that the restrictions in the Ordinance were too cumbersome. He further stated that Council cannot respond to questions regarding Sandstone Canyon because the issue is not before the City Council and the applicant is not here to respond. In response to Mr. Gross's comments, he stated that both Assemblyman Horcher and Senator Hill were invited by the City to sit at their table; however, they were unable to do so. He indicated that he did not see any buttons that had any derogatory word toward Assemblyman Horcher. In response to Mrs. Ansari, he stated that it is not the City's intent to make it difficult for the community, but rather to solve a problem in the community. In response Dr. Gorman's comment regarding the amount of open space indicated in the General Plan, he explained that there is a liability issue when the City tries to designate privately -owned property as open space without buying it. CM/Belanger, at the request of M/Miller, responded to Mr. Schad's inquiry regarding monies available through a Metropolitan Transit Authority (MTA) program to purchase a portion of the Sandstone Canyon area, and explained that after reviewing some of the requirements of the program, as well as the obligations that the City would be warranting, at that time it was recommended that the City not pursue an application for those monies. In order to receive the grant, the balance of that project would have had to have been funded out of the City resources, and the City does not have the resources to fund a project of that magnitude, either in the short term or the foreseeable long term. 5. CONSENT CALENDAR: CM/Belanger reported that the City will be conducting a series of public workshops and hearings over the course of two months to prepare a revised General Plan. The series of public meetings, locations and times have been published in all the local newspapers, posted throughout the community and in a variety of commercial areas, and advertised in conjunction with Jones Intercable. He then stated that item 5.2, Minutes of April 6, 1993, would be amended to indicate that C/Werner was absent (excused). M/Miller requested that the Minutes of April 6, 1993 be amended on page 3 to indicate that the intent of the five minute speaking time had been created to allow public input, and that this is not the only forum available to the public. APRIL 20, 1993 PAGE 5 C/Werner requested that item 5.4, Bond Exonerations, be pulled from the Consent Calendar. He indicated that his intention to abstain on the Minutes is because he was not present at that meeting. C/MacBride moved, C/Forbing seconded to approved the Consent Calendar as amended. With the following Roll Call vote, motion carried: AYES: COUNCILMEN: Forbing, MacBride, Werner, M/Miller NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MPT/Miller 5.1 SCHEDULE OF FUTURE EVENTS: 5.1.1 GENERAL PLAN COMMUNITY WORKSHOP - April 21, 1993 - 7:00 - 10:00 p.m., Diamond Bar Golf Course Meeting Room, 22801 Golden Springs Dr. 5.1.2 PARKS & RECREATION COMMISSION - April 22, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.3 GENERAL PLAN COMMUNITY WORKSHOP - April 24, 1993 - 9:00 a.m. - 12:00 p.m., Chaparral Intermediate School Multi -Purpose Room, 1405 S. Spruce Tree Dr. 5.1.4 PLANNING COMMISSION - April 26, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.5 GENERAL PLAN COMMUNITY WORKSHOP - April 28, 1993 - 7:00 - 10:00 p.m., Diamond Bar Golf Course Meeting Room, 22801 Golden Springs Dr. 5.1.6 GENERAL PLAN COMMUNITY WORKSHOP - May 1, 1993 - 9:00 a.m. - 12:00 p.m., Chaparral Intermediate School Multi -Purpose Room, 1405 S. Spruce Tree Dr. 5.1.7 CITY COUNCIL MEETING - May 4, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 APPROVED MINUTES - Regular Meeting of April 6, 1993, as amended. C/Werner abstained from approval of the Minutes due to his absence from the April 6, 1993 meeting. 5.3 APPROVED WARRANT REGISTER - dated April 20, 1993 in the amount of $209,636.41. 5.4 BOND EXONERATIONS - TRACT NO. 51079 (800 S. GRAND): 5.4.1 GRADING BOND - Exoneration of bond posted for grading in the amount of $7,000 - continued to May 4, 1993. 5.4.2 STREET IMPROVEMENT BOND - Exoneration of bond posted for street improvements in the amount of $20,000 - continued to May 4, 1993. 5.4.3 LABOR & MATERIALS BOND - Exoneration of bond posted for labor and materials in the amount APRIL 20, 1993 PAGE 6 of $50,000 - continued to May 4, 1993. 5.5 ADOPTED RESOLUTION NO. 93-23: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE MULTI -HAZARD FUNCTIONAL PLAN FOR THE PURPOSE OF MITIGATION, PREPARATION, RESPONSE AND RECOVERY OF DISASTERS OR EMERGENCIES WHICH IMPACT THE CITY OF DIAMOND BAR. 5.6 ADOPTED RESOLUTION NO. 93-24: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A RED CURB AT THE SOUTHEAST CORNER OF GOLDEN SPRINGS DRIVE AND SYLVAN GLEN ROAD. 5.7 ADOPTED RESOLUTION NO. 93-25: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR PROJECT NUMBER 283-96. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 PRESENTATION OF CITY TILE - C/Forbing presented a City Tile to Lydia Plunk in appreciation of her service on the Parks & Recreation Commission. 6.2 PROCLAIMED APRIL 25 -MAY 1, 1993 AS "SAFE COMMUNITIES WEEK." Dr. Hockwalt, Superintendent of Walnut Unified School District, accepted the Proclamation. 6.3 PROCLAIMED MAY, 1993 AS "WATER AWARENESS MONTH - Ed Biederman, General Manager of the Walnut Valley Water District, accepted the Proclamation. 6.4 PROCLAIMED MAY 2 - 8 1993 AS "BE KIND TO ANIMALS WEEK." Bill Harford, Pomona Valley Humane Society, accepted the Proclamation. 6.5 PROCLAIMED MAY 2-8, 1993 AS "VICTIMS OF PORNOGRAPHY" Week - M/Miller read the Proclamation. 7. OLD BUSINESS: 7.1 INSTALLATION OF METAL BEAM GUARD RAILING ALONG THE NORTH SIDE OF GRAND AVENUE AT ROLLING KNOLL ROAD - ICE/Wentz reported that Council directed staff to advertise for bids for the installation of a metal beam guard railing along the north side of Grand Ave. at Rolling Knoll Rd. He recommended that the Council consider awardinga contract to C & W Fence Co., Inc. in an amount not to exceed $33,475 and provide a contingency amount of $13,000 to address such issues as landscaping or other necessary contract change orders that may be necessary from the City's perspective. The general concept was that the guard rail would be installed near the property line behind the curb and gutter. In reviewing the appropriate standards for installation of guard rail, the recommended engineering installation is to place the guard rail such that the face of the steel beam lines up APRIL 20, 1993 PAGE 7 with the face of the curb on the street. The contractor has indicated that it is feasible to install the guard rail per that standard, and would do so. In response to C/Forbing's inquiry regarding the extra 800 ft. of guard rail along the open restricted land at the top of the hill, ICE/Wentz explained that it was staff's opinion that it may be prudent to carry it beyond the property that abuts the entire area, however, the proposal is written in that the guard rail could go up to 2,500 ft. or be terminated at some identified mid point. C/Forbing inquired if the guard rail could in installed approximately three to four feet back from the curb. ICE/Wentz explained that the purpose of the guard rail is to control traffic. In order for it to function as designed, the best place to locate the guard rail is at the face of the curb to prevent a vehicle from jumping over it. He suggested that the hedge be planted behind the guard rail because if it is planted in front, there is a possibility that if a vehicle hits the guard rail, it will not function as designed. CM/Belanger stated that the function of the guard rail is to keep motorists on the road and prevent them from going down the hill. The choice becomes the amount of risk the City Council wishes to assume by taking the guard rail out of its recommended design function and moving it away for other reasons. ICE/Wentz, in response to C/Werner's inquiry regarding the use of a chain link fence as an alternative, stated that staff would recommend that if Council considers the option of installing a wall or chain link fence, it should be to delineate the property and not as a pro- tector to prevent vehicles from going down the hill. The contractor has indicated that he would only be willing to install the guard rail per standards. CA/Arczynski stated that if the City varies from an approved design standard, the City must prove that the design was reasonable, proper and appropriate if some- thing should occur. Don Schad recommended that holly, mulefat and Mexican elderberry be considered for planting behind the guard rail to improve the aesthetics. Stan Granger, 23800 Gold Nugget Ave., made the following comments: accidents have occurred pretty much along the length of the hill on Grand Ave.; residents concur with installing the guard rail at the curb line; in order to mitigate the noise problem, residents would prefer vegetation that is high and bushy, especially at the APRIL 20, 1993 PAGE 8 lower end of the street. Patricia Ayoub thanked the Council for their efforts and stated that the residents agree that by protecting the motorists, the property owners are protected as well. ICE/Wentz, in response to C/Werner's inquiry regarding landscaping, stated that part of the intent would be to provide some screening behind the guard rail and between the properties, to provide some buffer from noise, and to provide some obscuring of the guard rails. Once the guard rail is installed, staff will work out various landscaping plans and present them to the Council. M/Miller suggested that the landscaping plan consider the joggers and pedestrians to assure that access to that side of Grand Ave., is maintained. C/Forbing moved to direct staff to bring back a land- scaping plan for approval at next meeting with a 1,700 feet of railing along the curb, with a hedge to be planted in between the posts behind the railing and other plantings behind that in the right-of-way, and to close it off at the top and bottom so that no one can walk for the purpose of providing privacy to the homeowners and safety for the pedestrians and joggers. Motion died for lack of second. C/Werner stated that he would prefer that staff review the situation first and then bring back a reasonable proposal for the Council to consider. M/Miller concurred. Carleen Wilworth, 23922 Gold Nugget, stated that privacy is not an issue because they have planted various trees. C/Forbing, preferring 1,700 ft. of guard rail, suggested that the item be brought back to the Council with an entire plan that can be voted upon. ICE/Wentz indicated that the contract can be structured on a per lineal foot basis so as to give the Council flexibility to make the determination as to whether 1,700 or 2,500 feet is preferred. It was moved by C/Werner, seconded by C/Forbing to approve staff's recommendation for the guard railing and to direct staff to come back to the City Council with a landscaping proposal. Motion carried by the following Roll Call vote: APRIL 20, 1993 PAGE 9 AYES: COUNCILMEN - Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen 7.2 ORDINANCE NO. 03 (1993) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE 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). CA/Arczynski stated that unless C/Werner had read all the material on Ordinance No. 03 and listened to the tapes of the last meeting, he should abstain from voting because he was not present for the Public Hearing. It was moved by C/MacBride and seconded by C/Forbing to waive full reading of Ordinance No. 03 (1993). Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Forbing, MacBride, Werner, M/ Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen It was moved by C/MacBride and seconded by C/Forbing to adopt Ordinance No. 3(1993) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE OFFICIAL ZONING MAP OF THE 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). Motion carried by the following Roll Call vote: AYES: COUNCILMEN— MacBride, Forbing, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen ABSTAIN: COUNCILMEN - C/Werner 7.3 PARKS & RECREATION COMMISSION VACANCY - C/Werner nominated Michael Goldenberg to fill the vacancy left by Pat Whelan on the Parks and Recreation Commission. The City Council concurred. 8. NEW BUSINESS: 8.1 RESOLUTION NO. 93-26: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN - ICE/ Wentz reported that the City is entitled to up to $18,464 as part of Bicycle and/or Pedestrian Funds under SB 821 and that staff identified the use of these funds for general citywide improvements, as approved by the City in its Master Bicycle System Plan. He recommended adoption APRIL 20, 1993 PAGE 10 of a Resolution approving the application for bicycle and/or pedestrian funds and adoption of the plan: It was moved by C/MacBride and seconded by C/Forbing to adopt Resolution No. 93-26 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - MacBride, Forbing, Werner, M/ Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen 8.2 LANDSCAPING ASSESSMENT DISTRICTS, FY 1993-94: ICE/ Wentz presented the staff report regarding Resolutions pertaining to potential construction of median islands on Golden Springs Drive from Gona Court to the westerly City limits. Oscar Law, 21511 Pathfinder Rd., suggested that Council place these public improvements under one landscaping assessment district, instead of three, because the items are all the same. He then inquired into which district within the City would pay the fees for these improvements. CM/Belanger explained that Landscaping Assessment District No. 38 is a citywide district in which all activities, within that district are paid for from funds within that district; Landscaping Assessment District Nos. 39 and 41 were established as a part of subdivision maps of newer residential neighborhoods to take care of some of the public open space in which only those property owners that benefit from the public open space pay into that district for maintenance. The Council is considering approval of the resolutions that direct the City Engineer to prepare the assessment role and budget for the district. Once those are prepared, there will be public hearings held on each of these districts. Eileen Ansari, noting that the sidewalk areas along Grand Ave. and Diamond Bar Blvd. have weeds two feet high, inquired if the assessment districts includes maintenance of the sidewalks. CM/Belanger explained that because of recent rains, Lanterman and Conservation Corps forces have had difficulty keeping up with the growth of the weeds throughout the City. However, staff will be attempting to eradicate these weeds within the next month or two. APRIL 20, 1993 PAGE 11 8.2.1 RESOLUTION NO. 93-27: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1993-94. It was moved by C/MacBride, seconded by C/Forbing to adopt Resolution No. 93-27. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - MacBride, Forbing, Werner, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen 8.2.2 RESOLUTION NO. 93-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1993-94. It was moved by C/Forbing to adopt Motion carried by vote: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - C/MacBride, seconded by Resolution No. 93-28. the following Roll Call MacBride, Forbing, Werner, M/Miller None MPT/Papen 8.2.3 RESOLUTION NO. 93-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1993-94. It was moved by C/MacBride, seconded by C/Forbing to adopt Resolution No. 93-29. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - MacBride, Forbing, Werner, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - MPT/Papen APRIL 20, 1993 PAGE 12 9. PUBLIC HEARINGS: 7:00 p.m. or as soon thereafter as matters can be heard. 9.1 RESOLUTION NO. 93-XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 90-102 AND ESTABLISHING A FEE RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF A SOURCE REDUCTION AND RECYCLING PROGRAM AS REQUIRED BY ASSEMBLY BILL 939 - CM/Belanger stated that it is staff's recommendation that this matter be continued to May 4, 1993 to allow staff time to resolve related issues to this particular legislation. M/Miller opened the Public Hearing. With no testimony offered, it was moved by C/Werner, seconded by C/MacBride to continue the Public hearing to the regularly-scheduled Council meeting of May 4, 1993. Motion carried 4 to 1, MPT/Papen absent. 9.2 RESOLUTION NO. 93-XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPLICATION FEE AND ANNUAL RENEWAL FEE RELATED TO THE ISSUANCE OF SOLID WASTE PERMITS - CM/Belanger recommended that the Public Hearing be continued to the May 4, 1993 meeting. M/Miller opened the Public Hearing. With no testimony offered, C/Werner moved, seconded by C/MacBride to continue the Public Hearing to the. regularly-scheduled Council meeting of May 4, 1993. .Motion carried 4 to 1, MPT/Papen absent. 10. ANNOUNCEMENTS: C/MacBride reported that Foothill Transit has been studying the traffic congestion problem on Grand Ave. and is investigating the possibility of developing a commuter type program to assist during the peak hours. Furthermore, a metrolink station is being developed at the boundary of the City of Industry and Diamond Bar to assist in the hookup of traffic. C/Werner thanked the Diamond Bar Historical Society and the DBIA for the success of the City's Fourth Anniversary Birthday event. CM/Belanger thanked the City staff for their efforts in providing support to the Historical Society and the DBIA in the City's Fourth Birthday celebration. M/Miller, in response to Barbara Beach Cushane's concern expressed during Public Comments-regarding the Council's involvement with the community, stated that there are many forums to express concerns to the Council such as through correspondence, phone calls to Council and staff, private APRIL 20, 1993 PAGE 13 meetings with Council and staff as well as these public meetings. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 8:38 p.m. in memory of the 50th Anniversary of the holocaust during World War II. ATTEST: Mayor LYNDA BURGESS, City Clerk aaanw-Z&O we Wn& a:aiz DRAFT REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 4, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Personnel - Government Code 54957.6 No reportable action taken. C/Werner was not present for Closed Session. 2. CALL TO ORDER: Mayor Miller called the meeting to order at 6:08 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Boy Scout Troop 737, Diamond Bar. INVOCATION: The invocation was presented by Reverend Randy Lanthripe of the Church In The Valley. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, Werner, MacBride. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. 3. PUBLIC CONMENTS: Eileen Ansari, 1823 Cliffbranch Dr., suggested that the Council communicate with Assemblyman Horcher regarding the possibility of obtaining funds to purchase Sandstone Canyon for its preservation. She expressed concern that the public was not given an opportunity to reply to comments made by the Planning Commission prior to their vote on April 29, 1993 for the development in Sandstone Canyon. She also stated that the school should not be held hostage for this development. Red Calkins, 240 Eagle Nest Dr., spoke regarding the possible increase in fire protection rates and urged the public to write to the County Board of Supervisors protesting the increase. Bill Afthim, 22721 Dry Creek, extended appreciation to Mayor Miller for proclaiming May 2 - 8, 1993 as Victims of Pornography Week and for implementing the invocation as part of the Council meetings. Nick Annis, 1125 Bramford Ct., expressed concern for the right hand turn restriction at Rolling Knoll/Country View. Traffic congestion seems to occur during its enforcement. A public street should not be restricted for the benefit of a few. Don Schad, 1824 Shaded Wood Rd., stated that he recently assisted Assemblyman Horcher in evaluating some of the MAY 4, 1993 PAGE 2 wilderness areas within the confines of the City. He also took Assemblyman Horcher, who might be able to provide funds or examine means to acquire Sandstone Canyon for its preservation, on a tour of the Canyon, making sure not to go on the Arciero property. Max Maxwell stated that since the Medical Plaza project was approved by the Planning Commission, and is not required to come before the Council for approval, he would like written confirmation that the Sandstone Canyon project will come before the Council for review. He also expressed concern that some of the inquiries made regarding the DEIR, and the project, have not been responded to. Tom Ortiz, 3308 Hawkwood, commended the Sheriff's Department for dealing with crime issues in the City. He informed everyone that Fire Station #119 on Pathfinder will hold an open house May 8, 1993, and that the Sheriff's Department will have an open house in June. Barbara Beach Cushane, 2021 Peaceful Hills Rd., asked the Council to treat citizens with dignity and respect. 4. COUNCIL COKKEN'1TS: C/Werner, concerned that the public did not get an opportunity to provide input, requested clarification from Ms. Ansari regarding her concern that she was not able to respond to comments made at the Planning Commission public hearing. Mrs. Ansari explained that the Planning Commissioners made comments prior to their vote on the motion on the floor. She stated that she would have liked to have responded to the comments made because she felt some of the reasoning presented was ludicrous. CDD/DeStefano assured C/Werner that the public did get an opportunity to provide testimony. Following public input regarding the South Pointe project's consistency with the General Plan, the Commission concluded their discussion with the vote. The Planning Commission directed staff to begin to prepare resolutions regarding the consistency issue of this project. The public hearing will continue on May 10, 1993 at 7:00 p.m. C/Werner, in response to Mr. Calkins, pointed out that the increase in the fire rates are being imposed by L.A. County Fire Protection District and not by the City. C/MacBride, referring to a suggestion he received regarding aggressive planting along walls subject to graffiti attacks, stated that staff is exploring all of the alternatives. He then stated that he felt the General Plan revision workshop MAY 4, 1993 PAGE 3 discussions have been helpful, and well established. He went on to state that there will be three public hearings before Council set for May 19, 26 and June 2, 1993. He suggested that there be a two week period, following the last public hearing on June 2, before the Council takes final action, for the purpose of allowing everyone time to reflect on all materials presented. M/Miller explained that the newly scheduled May 12 workshop is designed to give the community an opportunity to review recommendations made by the consultant. Staff will be directed to prepare resolutions of approval to be brought back to the Council June 2. Final consideration on the matter will take place two weeks following, thereby giving the community two additional weeks for review. C/Werner suggested that a final hearing date not be predetermined because there is no way of knowing when all of the issues will be concluded. He also suggested that there be a four week period, following the last meeting and when all of the documentation has been made available and no further changes or written material is presented, before having the meeting to review approval documentation. M/Miller stated that the intent is to establish a calendar for hearings. If that goal is not accomplished, other meetings will be scheduled. MPT/Papen congratulated San Gabriel Valley Tribune reporter Joe Ascenzi and his wife on their recent marriage. She further stated that there is a public hearing of the L.A. County Metropolitan Transportation Agency, scheduled May 10, 1993, on this year's Call for Projects. The City has 8 projects in the Call for Projects, 4 of which involve the freeway interchange system. Council will attend that meeting attempting to keep the City's name on the short list so those projects can be funded. In regard to the preservation of Sandstone Canyon, she stated that she would support a bond measure to acquire open space, however, it would probably have to be a local bond measure, on the November ballot, because it has been indicated, by Supervisor Dana's office, that only $500,000 remain from Prop. A, that has not yet been allocated. She further stated that the City, as part of the Call for Projects, has requested participation by the County for $265,000 for traffic signal synchronization and other improvements on Grand Ave. M/Miller, in response to Mr. Schad, explained that the reason he could not give approval for Mr. Schad and Assemblyman Horcher to tour Sandstone Canyon was because he is abstaining from all matters regarding that process. In response to Barbara Beach Cushane, he concurred that it is important to MAY 4, 1993 PAGE 4 treat each other with respect and dignity. MPT/Papen, reported that the Subcommittee on Property Maintenance Standards completed their preparation of a draft ordinance to be presented to the Council for review at the next meeting, following the City Attorney's review. CM/Belanger, in response to C/Werner's concern that the ordinance should come before the Council for review before authorizing City Attorney costs, explained that it is not an inappropriate process for the City Attorney to review, or prepare a draft ordinance. Furthermore, the nature of the City Attorney's contract caps the amount of money the Attorney can charge the City. 5. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 5.1 PRESENTATION TO CITY BY SUPERVISOR DEANE DANA - Anne Stephens, representing Supervisor Dana, thanked Council for their efforts in helping to promote Safe Communities Week in the Pomona and Walnut Valley Unified School Districts and throughout the City. 5.2 PROCLAIMED MAY 2-8, 1993 AS "HIRE -A -VETERAN WEEK." 5.3 PROCLAIMED MAY 16-22, 1993 AS "NATIONAL PUBLIC WORKS WEEK." 6. CONSENT CALENDAR: CM/Belanger amended Item 6.2.1 to indicate that the General Plan Public Hearing will be held May 12, 1993 at 7:00 p.m. at the AQMD Cafeteria, 21865 E. Copley Dr. He further stated that a corrected voucher register had been prepared amending the Warrant Register from the incorrect amount as reflected in the agenda. C/Forbing moved, C/MacBride seconded to approve the Consent Calendar. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 6.1 SCHEDULE OF FUTURE EVENTS: 6.1.1 PLANNING COMMISSION - May 10, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.1.2 GENERAL PLAN PUBLIC HEARING - May 12, 1993 - 7:00 p.m., 21865 E. Copley Dr. 6.1.3 TRAFFIC & TRANSPORTATION COMMISSION -May 13, 1993 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 6.1.4 CITY COUNCIL MEETING - May 18, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. MAY 4, 1993 PAGE 5 6.2 WARRANT REGISTER - Approved Register dated May 4, 1993 in the amount of $527,570.20. 6.3 TREASURER'S REPORT - Received & filed Treasurer's Report for month of March, 1993. 6.4 PARKS & RECREATION COMMISSION MINUTES: 6.4.1 Regular Meeting of February 25, 1993 - Received & filed. 6.4.2 Regular Meeting of March 25, 1993 - Received & filed. 6.5 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.5.1 Regular Meeting of March 11, 1993 - Received & filed. 6.5.2 Regular Meeting of April 8, 1993 - Received & filed. 7. OLD BUSINESS: 7.1 FINANCIAL ADVISORY SERVICES - M/Miller stated that he would abstain from discussion on this matter because he lives within a couple of hundred feet of the subject area. ICE/Wentz reported that it would be beneficial to retain the services of a qualified financial advisor to assist the City staff in proceeding with design and formation of a sanitary sewer system. Staff interviewed 7 firms, and following the evaluation of their oral presentations, he recommended retaining Public Financial Management, Inc. to provide financial advisory services for the sewer assessment district in an amount not to exceed $12,500 plus $2,500 contingency. It was moved by C/MacBride and seconded by C/Forbing to enter into a contract with Public Financial Management, Inc. to provide financial advisory services for the sewer assessment district in an amount not to exceed $12,500 plus a $2,500 contingency. By the following Roll Call vote, motion carried: AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/ Papen NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None ABSTAIN: COUNCILMEN - M/Miller 8. NEW BUSINESS: 8.1 ADOPTED RESOLUTION NO. 93-30: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING MAY 4, 1993 PAGE 6 SPECIFICATIONS FOR THE MAINTENANCE SERVICES FOR EIGHT (8) CITY PARRS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK ADVERTISE TO RECEIVE BIDS - CSD/Rose reported that the City currently has a maintenance contract with Mariposa Landscaping, Inc., for $101,458 per year to care for the City's eight parks. The current contract does not list six tasks, as indicated in the staff report, which staff feels will improve the quality of the parks as well as service to the community. These items would be added to the existing contract with Mariposa Landscaping, Inc. for a minimum of $41,400 per year, increasing the total annual commitment for park maintenance to $142,458. However, it is estimated that the subject items could be obtained through the bidding process for about $19,000 per year. It is staff's opinion that these subject tasks should be included in the Parks Maintenance Specifications and the whole contract be taken out to bid. He recommended approving the revised specifications for annual landscape maintenance. It was moved by C/Werner and seconded by C/Forbing to adopt Resolution No. 93-30 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING SPECIFICATIONS FOR THE MAINTENANCE SERVICE FOR EIGHT (8) CITY PARKS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Motion carried by the following Roll Call vote: AYES: COUNCILMEN - Werner, Forbing, MacBride, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.2 STORMWATER IMPLEMENTATION AGREEMENT - ICE/Wentz reported that on April 7, 1992, the Council approved participation as a Co -Permittee in the National Pollutant Discharge Elimination System (NPDES) Permit No. CA 0061654. Staff has been involved in the various tasks/activities as required by the Permit. In accordance with Sections 2.1.10 and 3.1.3 of the Permit, the City is requested to enter into a joint -powers agreement among all Permittees, which will be used to establish/define the responsibilities of each Co -Permittee with respect to compliance with the NPDES Permit No. CA 0061654. He recommended approval of the National Pollutant Discharge Elimination System Permit Implementation Agreement. It was moved by C/MacBride and seconded by C/Forbing to approve the National Pollutant Discharge Elimination System Permit Implementation Agreement. Motion carried MAY 4, 1993 PAGE 7 unanimously by the following Roll Call vote: AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/ Papen, M/Miller NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 9. PUBLIC HEARINGS: 9.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING RESOLUTION NO. 90-102 AND ESTABLISHING A FEE RELATED TO THE IMPLEMENTATION AND ADMINISTRATION OF A SOURCE REDUCTION AND RECYCLING PROGRAM AS REQUIRED BY ASSEMBLY BILL 939 - CM/Belanger reported that the draft revisions to the ordinance were not yet complete. He recommended that Council continue the Public Hearing to May 18, 1993 to enable staff to resolve issues pertaining to the issuance of solid waste permits; and allow the Council Subcommittee to review the proposed fee system. He further recommended that item 9.2, establishing an application fee and annual renewal fee related to the issuance of solid waste permits, be continued to May 18, to enable staff to resolve issues pertaining to the issuance of solid waste permits and allow the Subcommittee to review the proposed fee system. MPT/Papen stated that, since the Subcommittee has not yet completed their review, the matter should not be continued to a date certain. Furthermore, the item should not be on the agenda for Public Hearing without a staff report. CM/Belanger suggested that the matter can either be continued to the second meeting in June, or removed from the agenda and direct staff to appropriately readvertise the Public Hearings at such time that the companion underlying policy changes have been drafted and presented to Council. Following further discussion, with Council concurrence, staff was directed to pull item 9.1 and 9.2 from the agenda and to renotice them when appropriate. 9.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPLICATION FEE AND ANNUAL RENEWAL FEE RELATED TO THE ISSUANCE OF SOLID WASTE PERMITS - With Council concurrence, staff was directed to take the matter off calendar and to renotice the public hearing when appropriate. 10. ANNOUNCEMENTS: C/Werner stated that, in his MAY 4, 1993 PAGE 8 opinion, the Council should first review the Property Maintenance Ordinance proposal prior to it coming before the Council for a Public Hearing. C/Forbing pointed out that a subcommittee is charged with working on any given project and bringing a finished product to the Council for review and consideration. In order for the subcommittee to substantiate what they are working on, the proposal needs to be submitted to the City Attorney for a draft ordinance, which will then come before the Council. C/Werner expressed concern that the subcommittee was appointed by the mayor and not by the Council; therefore, the subcommittee does not represent the Council. MPT/Papen stated that the issue of forming the subcommittee was brought before the Council about two months ago, at which time the Mayor appointed the subcommittee during the Council meeting, which was approved by the Council. The reason proposals are sent to the City Attorney is so that they are reviewed legally before coming to the Council for public review. C/Werner pointed out that the Council was elected to represent the community, and to bring forth varying viewpoints for discussion at a public forum. For two members of a subcommittee to formulate an ordinance and bring it before the public at a public meeting, without review of the Council, is premature. M/Miller directed staff to review the record and provide Mr. Werner with the information necessary to understand how the formation of the subcommittee was established. CA/Arczynski stated that, typically, either at the request of staff, or a need is perceived for some modification to existing ordinances, or as a result of discussion or direction at the Council level, a draft ordinance will be prepared for circulation and comment. A number of policy types of ordinances need community background, in which the subcommittee, upon review of the document, provide staff with those concepts. An appropriate framework is prepared to make a draft ordinance to present to the Council for review, before it goes to a Public Hearing either at the Planning Commission or Council level. C/Werner and M/Miller concurred to meet to discuss C/Werner's concern regarding the general processing and procedures. MPT/Papen, in regard to a comment made regarding cutbacks in police services overall, pointed out that the City, upon MAY 4, 1993 PAGE 9 incorporation, increased the number of officers patrolling City streets by 100%. There are no cutbacks in services from the Sheriff's Department, which is funded by the City 100%. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 7:40 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk I/ t-" I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tem Papen and councilmember Forbing FROM: Linda G. Magnuson, Accounting Manager SUBJECT: Voucher Register, May 18, 1993 DATE: May 13, 1993 Attached is the Voucher Register dated May 18, 1993. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers audited approved and recommended fo allowed from the following funds in FUND NO. FUND DESCRIPTION 001 General Fund 112 Prop A - Transit 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 CIP Fund APPROVED BY: dated May 18, 1993 has been r payment. Payments are hereby these amounts: AMOUNT $203,645.67 Fund 6,290.59 139.46 29.01 2,761.23 25,538.38 TOTAL ALL FUNDS Linda G. Ma on Accounting Ma ager Terrence L. Belanger City Manager $238,404.34 I - I - Phyllis E. Papen Mayor Pro Tem Bohn A. Forbing Councilmember +++ Citv of D i a a o n d Bar +++ RUN TIME: 89:44 85/13/93 V O U C H E R R E 6 I S T E R DUE THRU.............85/18/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------------------- A.C. Lee t Architects ACLee +881-3438 1 30518A ARA/Cory Refreshment Svcs ARA +811-4198-2138 4 36516A +111-4498-2325 1 30SIBA American Storage LTD AmerStorag +881-4198-2148 2 385184 B t K Electric Nholesale BBKElect +111-4318-1211 1 30S18A 8411481 +881-4318-1218 2 36516A 85/1481 Bank of America +181-4198-2399 Bee Removers +111-4331-2218 Bankof4aer 2 36SW BeeRemove 2 30S18A Bill's Lock i Safe BillsLock +181-4319-2211 2 3/5184 1711415 Bramalea California, Inc. BrasleaCal +111-4191-4188 1 305188 Brea, City of Breacity +111-4358-5381 3 38518A PAGE 1 + + PREPAID + + AMOUNT DATE CHECK 85/12 85/18 Plan check refund 266.25 TOTAL DUE VENDOR --------> 286.25 85/12 85118 384365 Equipt Rent -June 29.88 85112 85/18 384645 Meeting supplies 64.99 TOTAL DUE VENDOR --------> 113.99 85/12 85118 June rent for 2 units 153.81 TOTAL DUE VENDOR --------> 153.88 85112 85/18 298685 Oper Supplies -Parks 75.28 85/12 85118 296686 Oper Supplies -Parks 83.62 TOTAL DUE VENDOR --------> 156.96 85/12 15/18 MTA Conf/MtgReimb Exp -PP 699.44 TOTAL DUE VENDOR --------> 699.44 15/12 15/18 11141 Bee Removal-Syc Prk 55.11 TOTAL DUE VENDOR --------> 55.18 15112 15/16 25776 Supplies -Peterson Prk 164.91 TOTAL DUE VENDOR --------> 164.98 /5/12 15/18 Prof Svcs-MOU-Colbert 8,111.11 TOTAL DUE VENDOR --------> 6,811.0 15/12 /5/18 15811 Recreation Svcs -April 93 21,742.11 TOTAL DUE VENDOR --------> 21,742.14 ttt City of D i a s o n d Bar t++ RUN TIME: 89:44 85/13/93 V 0 U C H E R R E G I S T E R DUE THRU.............05116193 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TZ-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION CHANE, HANNAH 657 t6#1-3478 36 31S16A 15/12 85/16 6659 CSULB-foundation CSULBFdn +401-4030-2330 3 3IS18F 95/12 95/18 21228 Cagnolatti, Lisa 679 1901-3418 32 3#518A #5112 95/18 7##5 California Contract LCCA +081-4410-2338 3 39518E 6/12 65118 Chang, 'Weng Cheng 661 +801-3478 28 395180 95/12 95/18 6167 Clayton Engineering Inc. ClaytnEngr *250-4314-6415 64693 6 3451AC 61/1469A 95/12 95/18 2329 Communication Support CoeeSupprt ComBunity Industries CommIndust +ee1-4490-2190 5 395180 Community Sweeping ComSweep +801-4555-5591 1 36518A *011-4555-5511 2 34518A 95/13 #5118 95/12 #5118 #5/12 05/16 PAGE + + PREPAID + t AMOUNT DATE CHECK -------------------------- Recreation Ref 39.0 TOTAL DUE VENDOR --------) 39.80 Grant Yritina Ykshp-Butzl 158.98 85/18/93 000#921220 TOTAL PREPAID AMOUNT ----> 156.80 TOTAL DUE VENDOR --------) 0.90 Recreation Ref 29.99 TOTAL DUE VENDOR --------> 26.0 Seminar -MacBride 275.90 95/18/93 8000021227 TOTAL PREPAID AMOUNT ----) 275.99 TOTAL DUE VENDOR --------> 9.90 Recrreation refund 73.98 TOTAL DUE VENDOR --------) 13.99 PrafSvcs-CommCenter 24,438.38 TOTAL DUE VENDOR --------> 24,438.36 TOTAL DUE VENDOR --------) 4.00 Photocopying Svcs -April 44.13 TOTAL DUE VENDOR --------> 44.13 Street Sweep 3/1-3/21 7,649.94 EserSweep-Platina Or 4/23 29#.96 TOTAL DUE VENDOR --------> 1,85#.99 t t t C i t y o f D i m o n d B ar * tt PAGE 3 RUN TIME: 89:44 85/13193 V O UCH E A R E G 15 T E R DUE THRU.............85/16/93 * * PREPAID t t VENDOR NAME VENDOR ID. ---AMOUNT DATE CHECK - ----------------------- ACCOUNT PRD3,TI-NO BATCH PO.LINE/NO. ENIRY/DUE INVOICE DESCRIPTION -------------------- ---------------------------------- Computer Applied Systems *881-4858-4838 1 CAS 385161 85/12 45/16 85930B Computer Maint-June 93 688.88 TOTAL DUE VENDOR --------> 688.88 County of Los Angeles LACPubYks2 85/12 85/18 2124 ParaTransit Svcs -3143 51898.54 *112-4553-5529 1 30S18D TOTAL DUE VENDOR --------> 5,898.54 DKS Associates 3 DKS 38518C 85/12 85!16 15158 Prf Svcs-Cld Spr/CastleRk 963.81 *181-4553-5222 *881-4553-5222 4 30S19C 85112 85/16 15751 Prf Svcs -Cid 5prlCastleRk 181.88 TOTAL DUE VENDOR ~---~-) 1,676.88 Dept of Transportation 3 DeptTrans 385161 85/12 45/18 125187 Signl Maint-Mar93 533.36 *881-4555-5581 TOTAL DUE VENDOR --------> 533.36 Detmers i Associate Inc. Detmers 4 30S16A 81/1541 85/12 85/16 5734 SmingSeats-Peterson 399.66 *881-4319-2218 TOTAL DUE VENDOR --------) 399.66 Diamond Bar Petty Cash PettvCash Supplies-CMgr 13.75 85/16/93 8888821223 *881-4836-1288 3 38516F 85/12 85/16 supplies -Ben Govt 13.66 85/16/93 8888821223 *881-4898-1288 1 30516F 85/12 85/16 Meetings -Gen Govt 33.22 85/16!93 8888821223 *881-4898-2325 2 30515F 85/12 85116 Supplies -Planning 3.67 85/16/93 8888821223 *881-4218-1288 3 36518F 85/12 85/16 Truck Maint-Ping 5.96 85/16/93 8888821223 *481-4216-2288 2 38516E 85/12 85/16 14.49 85!16/93 8888821223 *881-4218-2325 3 36516F 85/12 85/16 Meetings -Planning Meetings -Parks & Rec 4.37 85/16/93 8888821223 *881-4318-2325 1 38516E 85/12 85116 Meetings-Engr 2.48 85/16193 8888021223 *881-4518-2325 2 38516E 85112 45/16 TOTAL PREPAID AMOUNT ----> 96.54 TOTAL DUE VENDOR --------) 0.0 Diana Cho 3 Associates DianaCho 85112 85/16 Prof Svcs -0086 -Heritage 1,188.88 *258-4318-6415 64693 9 30S16C TOTAL DUE VENDOR --------> 1,148.84 Dickerson, Sharon *481-3416 655 36 385161 85/12 45116 6665 Recreation Ref 36.84 TOTAL DUE VENDOR --------> 36.44 tt+ City of Diaaand Bar +�+ RUN TIME: 89:44 85/13/93 V 0 U C H E R R E G I S T E R DUE THRU.............OSII6/93 VENDOR NAME VENDOR ID. ACCOUNT PRDJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION Dosinguez, Kathy 638 *881-3476 29 31518A EZ Rentals EIRentals +881-4895-2353 6 36519A Eastean Inc. Eastean }881-4648-1188 1 38518E }881-4838-1188 2 38518E }881-4898-1188 4 38516E {881-4218-1186 2 38516E +101-4518-1188 2 38518E +881-4856-1188 1 38516E +681-4896-1188 3 38518E +881-4218-1188 1 38518E +881-4838-1188 1 38516E 1397 Eichorn, Maura S. 678 +881-3476 31 30516A Ewing Irrigation Products Ewing +881-4358-1288 4 38516A FIA Federal Credit Union FIACreditU +881-2118-1889 2 31518F FALTER, CYNTHIA C. 672 +881-3416 34 38518A Fashion Match Inc FashionVa +881-4836-1211 2 38518F PAGE + + PREPAID + { AMOUNT DATE CHECK 85/12 85/18 Recreation Ref 55.88 TOTAL DUE VENDOR --------> 55.84 85/12 85/18 182348 Equip Rent -Anniversary 467.81 TOTAL DUE VENDOR --------> 467.81 85/12 85/18 816391449 Supplies-CClk 121.16 85/12 85/18 818391456 Supplies-CMgr 9.74 85/12 65/16 818391573 Supplies -Gen Govt 66.58 85112 85/16 818391582 Supplies -Plug 184.97 85/12 85116 818391594 Supplies-Engr 94.34 85/12 85/16 818391614 Supplies -Finance 18.85 85112 65116 618432419 Supplies -Gen Govt 61.35 85/12 85/18 818432429 Supplies -finance 25.24 85/12 85/18 618432449 Supplies-CMgr 19.53 TOTAL DUE VENDOR --------> 512.96 85/12 85118 6214 Recreation Ref 15.88 TOTAL DUE VENDOR --------> 15.84 85/12 85/18 619533 Irrigation Supplies 22.11 TOTAL DUE VENDOR --------> 22.11 85112 85/18 Payroll Deductions-PP9 1,498.88 85./18/93 8888821224 TOTAL PREPAID AMOUNT ----> 1,498.88 TOTAL DUE VENDOR --------> 6.88 65112 85/18 6418 Recreation Ref 51.18 TOTAL DUE VENDOR --------> 51.88 85/12 85118 Dept Supplies - CMgr 16.58 85116/93 8888821217 TOTAL PREPAID AMOUNT ----> 16.58 TOTAL DUE VENDOR --------> 8.86 +++ C i t y o f D i m o n d B a r **+ PAGE 5 RUN TIME: 69:44 85/13/93 V O UCH E A R E G I S T E R DUE THRU.............85116/93 * t PREPAID * { VENDOR NAME VENDOR ID. AMOUNT DATE CHECK ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ------------------------ Federal -------- Federal Express Corp. - FedExpress 7 365181 85/12 85/18 4968-89665 Exp Mail -FPL 93-86 4.88 +881-2388-1818 *881-2388-1818 6 385181 85/12 85116 4968-89665 Exp Mail -FPL 92-38 9.88 13.88 +881-2388-1818 9 38516C 85/12 Wit 4968-89665 Exp Mail -FPL 92-19 13.88 *881-4838-2128 2 385181 85/12 65118 4968-89865 Exp Mail-CCouncil 13.88 *881-4898-2128 1 385181 65/12 85116 4968-89565 Exp Mail-GenGovt 9.84 *881-4218-2128 2 385161 85/12 85/18 4968-89885 Exp Mail -Planning TOTAL DUE VENDOR --------> 66.88 Fleet Call FleetCall 5 30516A 85/12 85115 322563 2rayradiaSvc-April 158.55 +881-4898-2138 TOTAL DUE VENDOR --------> 155.55 Foster, Jerry C. +881-3478 673 33 31516A 85/12 85118 6288 Recreation Ref 51.68 TOTAL DUE VENDOR --------> 51.88 Fromex Frosex 1 385181 85112 85!18 5283211 File Processing-CCouncil 25.15 +881-4818-2118 2 38516C 65/12 85/18 5263294 File Processing-CCouncil 11.16 *881-4818-2118 3 385181 85112 85118 5762682 File Processing-CCouncil 18.53 +881-4818-2118 *881-4518-2118 1 385161 85112 85/15 5189291 File Processing-Engr 18.22 TOTAL DUE VENDOR --------> 57.88 GOERING, BARBARA J. 653 35 38516A 85112 85/18 8461 Recreation Ref 23.88 +881-3478 TOTAL DUE VENDOR --------> 23.80 GTE California *881-4313-2125 GTE 1 38518C 85/12 85/18 Phone Svcs -Heritage Pk 53.83 TOTAL DUE VENDOR --------> 53.63 GTE California GTE 2 385160 85112 85/15 Phone Svcs-Madee CClerk 16.36 *881-4848-2125 TOTAL DUE VENDOR --------) 16.38 GTE California GTE 1 38516C 85112 85/18 Phone Svcs -Ener Prep 35.55 +881-4448-2125 TOTAL DUE VENDOR -------> 38.85 *** City of Diamond Bar *** RUN TIME: ®9:44 ®5113/93 V 0 U C H E R R E 6 I 5 T E R DUE THRU.............45/18/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION GTE California GTE *891-4698-2125 1 385180 Halverson, Joanne 658 *881-3476 37 3OS18A Heimann, Terri A. 677 *891-3476 39 30518A HighPoint Graphics HighPoint *881-4898-2118 6 3IS16D 81/1581 Hilpert, Terry 665 *881-3478 36 38518A Home Depot HomeDepot *881-4316-1289 3 31S18D Not Dogger Tours Inc. HotDogger *112-4368-5318 4 365184 Image Watches Inc ImageWatch *981-4838-1288 1 31SIF Intl Business Equipment InBusEquip *981-4498-2144 3 34510 PAGE a * * PREPAID * * AMOUNT DATE CHECK -------------------------- 85112 ®5118 Phone Svcs -City Hall 1,812.74 TOTAL DUE VENDOR --------) 1,812.74 85/12.45/18 6863 Recreation Refund 28.00 TOTAL DUE VENDOR --------) 26.88 85/12 85/12 1861 Recreation Refund 32.88 TOTAL DUE VENDOR --------> 32.0 65112 85116 22989 Typesetting Svc -Graffiti 69.28 TOTAL DUE VENDOR --------) 69.26 85/12 85112 6484 Recreation Refund 55.88 TOTAL DUE VENDOR --------) 55.89 85112 85/18 4389256 Supplies -Parks 67.73 TOTAL DUE VENDOR --------> 67.73 85/12 85/12 Deposit Excur-Rase Parade 688.88 TOTAL DUE VENDOR --------) 688.88 85/12 85/18 Dept Supplies-CMgr 14.58 85/18/93 8488821216 TOTAL PREPAID AMOUNT ----> 14.58 TOTAL DUE VENDOR --------> 8.88 85/12 85116 Xerox Copier Maint-April 699.28 TOTAL DUE VENDOR --------) 699.28 +++ City of D i a a D n d Bar +�} RUN TIME: 69:44 05/13/93 V 0 U C H E R R E 6 I 5 T E R DUE THRU.............05118/93 VENDOR NAME VENDOR ID. ACCOUNT PRBJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION Jack Thompson }001-4556-5500 PAGE 7 t PREPAID + + AMOUNT DATE CHECK. --------------- JThompson 4 305168 67/1405 05/12 05/18 45414 Lndscapng Consltng chrges 5,640.00 Jennings Engstrand JenningsEn }001-4620-4621 1 305188 Johnson, Sale R. 664 t061-3418 40 30516A TOTAL DUE VENDOR --------> 5,840.00 05/12 05118 140444 Spec svcs-Prop tax 116.00 TOTAL DUE VENDOR --------? 176.00 05112 05112 6397 Recreation Refund 26.00 TOTAL DUE VENDOR --------? 26.01 K t V Blueprint Service KLVB1uePrt 05112 05118 53465 5vcAgreemt-Xerox2516 285.10 1081-4510-2200 2 305181 01!1556 05/12 05/18 53501 Blueprint Paper 22.63 +661-4551-2110 1 30518D TOTAL DUE VENDOR --------> 307.63 Kaiser Permanente KaiserPers 2 365188 05112 05!18 June Cafe -McBride 43.00 +001-4010-0690 TOTAL DUE VENDOR --------} 43.00 Kennedy, Mary V. 674 41 305181 05112 05/12 8506 Recreation Refund 51.00 +001-3418 TOTAL DUE VENDOR --------> 51.00 Kens Hardware +081-4310-1200 Kens 4 30518➢ 1411501 05112 05118 60934 Misc Park Supplies 29.17 3,42- +001-4310-1200 5 30516D 05/12 05118 61021 Credit Memo TOTAL DUE VENDOR --------> 25.75 Kobata i Associates Inc KobatalAss 05!12 05118 Prof 5vt-1!15-25!93 358.45 +001-4556-5500 2 31516B 0311444 TOTAL DUE VENDOR --------> 358.95 Kronenberg, Nan 66010.00 42 305181 05112 05112 6509 Recreation Refund +001-3418 TOTAL DUE VENDOR --------> 11.0 +++ City of Diamond Har +++ RUN TIME: 89:44 85/13/93 V O U C H E R R E G I S T E R DUE THRU.............#5118/93 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION L.A. County -Sheriff's Dep LACSheriff +881-4411-5481 3 385188 LA Cellular Telephone LACellular +881-4838-2125 3 38516E +881-4448-2125 2 38516E League of Ca. Cities League +881-4836-2338 2 385188 League of Ca. Cities League +881-4616-2325 3 31516F League of Ca. Cities League +081-4030-2330 4 30518F Leighton and Associates Leighton +881-2388-1012 7 30516D +081-2308-1012 4 36518D +881-2308-1012 5 30516D +001-2388-1812 6 30518D Local Government Co21i55. LocalBovt. +081-4810-2315 1 305188 Los Angeles County LACInt5vc +881-4090-2130 6 30518D 85/12 65115 12516 85/12 85118 85/12 85/18 85/12 85/18 85/12 85/18 05/12 85/18 05/12 05/ib 76905 65/12 85116 11163 65112 05/16 77734 85/12 05/16 78195 05/12 05/16 85/12 05!16 168 Contr Svc Helicop-Feb TOTAL DUE VENDOR -------- Cellular Svcs-CMgr-April Cell Svcs-EmerPrep-April TOTAL DUE VENDOR --------> A0406 Workshop-Bivans TOTAL DUE VENDOR --------> Mmbershp Mtg-Miller,Papen TOTAL PREPAID AMOUNT ----> TOTAL DUE VENDOR --------> Telecom Mtg-Butzlaff TOTAL PREPAID AMOUNT ----> TOTAL DUE VENDOR --------> GeoTech Rev -EN 93-625 BeoTech Rev -EN 93-825 6eoTech Rev -EN 93-825 6eoTech Rev -EN 93-825 TOTAL DUE VENDOR -------> Membership Dues-Forbing TOTAL DUE VENDOR --------> Pager Services -3/93 TOTAL DUE VENDOR --------> PAGE t + + PREPAID + + AMOUNT DATE CHECK --------------------- 193.61 193.61 52.91 61.24 114.15 125.88 125.80 44.04 85/18/93 8888821225 44.88 0.08 155.00 05/18/93 0000021226 155.80 6.66 325.50 164.66 131.28 194.50 635.28 180.80 160.00 78.38 76.38 RUN TIME: 89:44 85/13/93 City oV O U C H f E R R E 6 I S T E R PAGE 9 DUE THRU.............85/18193 t + PREPAID t + VENDOR NAME VENDOR ID. AMOUNT DATE CHECK ACCOUNT PROI.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION ------------------------------------------------------------------------------ M I M Court Reporters M1MCourt +881-2388-1886 5 385188 85/12 15/18 94498 Transcript -1/21 CCncl Mtg 648.15 +881-2388-1886 6 385188 85/12 65118 94491 Transcript -11111 CC Mtg 465.65 TOTAL DUE VENDOR --------1 1,186.48 Main Street Tours MainStreet 85112 85/18 Deposit-Excrsn-Hlyrd Bail 688.88 85/18/93 8888821222 +112-4366-5318 5 30S18f TOTAL PREPAID AMOUNT ---- 688.88 TOTAL DUE VENDOR --------1 8.88 Marina Contractors +881-4556-5588 Inc. MarinaCont 3 385188 65/12 85/16 135O82A Pltng 3 Irrig-68 fry 513.98 TOTAL DUE VENDOR --------> 573.96 Markman Arczynski Hanson MarksanArc 85/12 85118 5p Svcs -FPL 92-19 2,696.88 till -2388-1818 +881-2388-1818 18 36516C 11 30516C 65/12 85/18 Sp Svcs -FPL 93-16 1,241.85 +881-2381-1616 12 3OS18C 85/12 65/16 Sp Svcs -FPL 92-31 342.31 +881-4128-4828 1 30518C 85/12 65/16 Monthly Retainer -April 5,588.88 +881-4128-4821 2 38518C 85/12 85/16 Sp Svcs -DB Assoc 126.88 +881-4824-4821 3 34518C 15/12 85/16 Sp Svcs -Ben Litigation 442.58 +811-4121-4821 4 34518C 85112 15116 Sp Svcs -DO Citizens 1,166.18 TOTAL DUE VENDOR --------> 12,114.88 Martin 6 Chapman +181-4218-1211 CD. MartinlCha 2 34516B 81/1538 /5/12 85/18 93224 Minute Pager -Planning Coy 45.16 TOTAL DUE VENDOR --------5 45.16 McIntire, Jane +881-3418 651 44 385188 15112 85/18 1159 Recreation refund 31.81 TOTAL DUE VENDOR -------) 37.0 Miracle Recreation Equip. MiracleRec t181-4319-2211 6 385188 81/1548 85112 15/18 352268 Park Supplies-Petrsn 14.66 TOTAL DUE VENDOR -----'-? 14.66 Mobil +881-4316-2318 Mobil 8 31518D 85112 85!18 K2241152 Fuel -PIM 33.25 till -4318-2311 9 31516D 85/12 85/18 K229122S Fuel -PIM 33.11 +Ill -4891-2318 3 31S16D 85/12 85/18 K2291521 Fuel -Gen Govt 12.91 tl41-4191-2311 2 36516D 85/12 85/18 K3869611 Fuel -Ben Govt 17.81 TOTAL DUE VENDOR --------> 96.93 ttt C i t v of Diasond Bar tt* RUN TIME: 89:44 85/13/93 V 0 U C H E R R E G I S T E R PAGE _8 DUE THRU.............05/18193 VENDOR NAME VENDOR I0. t t PREPAID t ACCOUNT PROJ.TX-NO BATCH PO.LINE/40. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ----------------------------------------------------------------------------------------- Montgomery, Michael MMontgomer *881-4828-4821 5 30S16F Mt. Baldy United Way UnitedWay *181-2118=1889 3 385186 Murkidjanian, Lily 662 *881-3418 43 385188 Myers, Elizabeth MyersE {881-4218-4888 2 36510 *181-4218-4888 3 30518D t181-4318-4888 1 365180 Pac Tel Cellular PacTel *181-4838-2125 2 385166 Pacesetter Municipal Svcs Pacesetter *181-4898-2148 3 38518➢ *081-4228-5281 1 34518D *811-4228-5281 2 385160 081-4218-5212 1 38516E Palmer, Joyce *881-3418 Payroll Transfer *881-1828 654 49 315166 PayrollTr 2 34518F 85/12 85/16 Legal Svcs -DB Citizens 35,525.88 85/18/93 8888821221 TOTAL PREPAID AMOUNT ----} 351525.88 TOTAL DUE VENDOR --------> 8.88 85/12 85/18 Payroll Ded-PP4-9 111.88 TOTAL DUE VENDOR --------) 111.81 85/12 85/18 6511 Recreation refund 56.88 TOTAL DUE VENDOR --------> 56.11 85/12 85/18 930889 Minutes-P1ngCom 4/26 568.88 85112 85/18 93DB89 Minutes-PingCom 4129 348.81 85/12 85/18 93DB89 Minutes -PIR Com.4122 281.00 TOTAL DUE VENDOR --------) 1,188.81 85/12 85/16 Cellular Svc-CMgr 88.88 TOTAL DUE VENDOR --------> 88.88 85112 85/18 Rent 112 Ste 198 -May 4,881.81 85/12 85118 Bldg Svcs -April 16,248.16 85112 85/18 Plan Ck Svcs -April 4,564.26 85112 85/16 2891 -PC Code Enforce Svcs 1,845.81 TOTAL DUE VENDOR --------} 25,931.31 85112 85/16 Recreation Refund 12.36 TOTAL DUE VENDOR --------> 12.36 85/12 85116 Payroll Transfer PP9 45,388.88 85/18/93 eeBepwR�eQ TOTAL PREPAID AMOUNT ----) 45,388.88 TOTAL DUE VENDOR --------> 6.88 *** City of Diaaond a a r *** RUN TIME: 69:44 85113/93 V O U C H E R R E fi I S T E R DUE THRU.............05116/93 VENDOR NAME VENDOR ID. ACCOUNT PROM I -NO BATCH PO.LINE/N0. ENT RYIDUE INVOICE DESCRIPTION -------------------------------------------------- Pekarcik, Ray 675 *861-3478 56 365186 65/12 65118 Pitney Bores PitneyBore Radio Lab Cou *661-4096-1266 2 365186 65112 65118 839489 Pomona Valley Humane Soc. PVNS 65/12 05/16 *001-4431-5403 1 385188 05/12 05!16 Postage By Phone PostByPhon *001-4690-2116 *001-4090-2120 2 305166 05/12 05/18 Public Espl Retirement PERS RobbinsPre *061-2110-1068 3 36518f 65112 05!18 *601-2110-1006 4 30518E 65/12 65116 RN Scheidt Quality RVSchoidt *061-4328-2210 3 305168 01/1553 05/12 65!18 1679 Radio Lab Cou RadioLab *661-4556-5560 6 315168 61/1514 65/12 05/16 211955 Repro Graphics ReproGraph *001-4690-2116 3 315188 15/12 05116 6104 Robbins Precast Inc. RobbinsPre *001-4555-5518 2 31516B 11/1561 05/12 15/16 1395 PAGE 11 * * PREPAID * } AMOUNT DATE CHECI Recreation Refund 51.68 TOTAL DUE VENDOR --------> 51.60 Postage Supplies 23.13 TOTAL DUE VENDOR --------> 23.13 Animal Control Svc -May 4,131.66 TOTAL DUE VENDOR --------> 4,137.00 Postage Replenishment 1,060.66 TOTAL DUE VENDOR --------> 1,900.00 Retiresent-PP 8-Esplyer 2,691.55 05/16/93 0600021218 Retireeent-PP 8-Esplyee 3,021.39 05/16/93 0000921216 TOTAL PREPAID AMOUNT ----> 5,716.94 TOTAL DUE VENDOR --------> 0.0 Plusbing-Summitrdge 66.87 TOTAL DUE VENDOR --------? 86.61 Equip -2 Vay Radios 426.51 TOTAL DUE VENDOR --------> 426.51 Stationary Supplies-Ltrhd 125.12 TOTAL DUE VENDOR --------> 125.12 Bus Bench Replceent 626.04 TOTAL DUE VENDOR --------> 626.14 +++ City of D i a m a n d Bar ++f RUN TIME: 09:44 95/13/93 V 0 U C H E P. R E G I S T E R PAGE .2 DUE THRU.............05/18/93 VE-NDOR NAME VENDOR ID. + + PREPAID + + ACCOUNT PROJ.TM-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------ RonKranzeriAssoc C.E. Inc AKA +091-4551-5221 4 365186 95112 05/16 1039 Engineering Insp-March 4,273.58 +001-4551-5221 5 305166 05/12 95/16 1155 Engineering Insp-April 916.75 29.61 TOTAL DUE VENDOR --------> TOTAL DUE VENDOR --------) 5,192.25 Rubenstein, Dorothy 663 +001-4321-2126 1 31516E 05112 15/16 Elect +001-3418 45 31518B 05112 05/18 TOTAL Recreation Refund 15.00 TOTAL DUE VENDOR --------) 15.00 Siecke, Warren C. SieckeW +001-4553-5222 2 305188 05/12 05118 29366 Traffic Engr-Sgnl Timing 162.50 TOTAL DUE VENDOR --------> 162.54 Sir Speedy SirSpeedy t001-4090-2110 4 305168 05/12 05/16 11573 Stationery -Envelopes 118.24 +001-4510-1100 1 305168 05/12 05/18 11566 Stationery -Buff Paper 17.64 +001-2300-1006 7 305168 05/12 05/16 11626 Document Copies-DBAsoc 811.76 +001-4190-2110 2 30518B 05/12 05/16 11650 Stationary Supplies -Enol 116.24 TOTAL DUE VENDOR --------) 1,125.68 Smith, Linda 670 +011-3476 47 365168 05112 65/18 Recreation Refund 4.00 TOTAL DUE VENDOR --------) 4.91 Southern Ca. Edison SoCaEdison +091-4555-2126 2 30516E 05/12 05/18 Elect Svcs-Trffc Control 1,600.67 +138-4538-2126 5 30516E 65/12 15/18 Elect Svcs -Dist 38 139.46 +141-4541-2126 2 30516E 05/12 05/16 Elect Svcs -Dist 141 36.26 TOTAL DUE VENDOR -------) 1,176.41 Southern Ca. Edison SoCaEdison TOTAL DUE VENDOR --------> 0.06 Southern Ca. Edison SoCaEdison +139-4539-2126 2 30518E 05/12 05118 Elect Svcs -Dist 139 29.61 TOTAL DUE VENDOR --------> 29.61 Sout�ern Ca. Edison SoCaEdison +001-4321-2126 1 31516E 05112 15/16 Elect Svcs -Dist 141 406.78 TOTAL DUE VENDOR --------> 416.16 +++ City of D i a a 0 n d x +++ RUN TIME: 09:44 85/13/93 V O U C H E R R E 6 I 5 T E R DUE THRU.............65118193 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE INVOICE DESCRIPTION Sport Pins SportPins +801-4095-2353 7 38516E Standard Insurance of Ore StandardIn +801-2110-1885 2 30516F Stevens, Parris M. 652 +881-3476 46 385188 Stratecon Inc. Stratecon +881-4038-4888 1 305168 The Environmental Exch EnvironExh +801-4036-2326 1 385186 Unocal Unocal +881-4210-2310 1 385186 +881-4038-2318 2 365166 +061-4896-2318 4 385166 +801-4218-2318 2 365166 VideoTape Products Inc. VideoProd +881-4090-1288 3 365166 Walnut Vly Yater Dist WVYaterDis +001-4325-2126 1 38518E +141-4541-2126 3 38516E Winslow, Donald J. 656 +881-3476 48 30516E PAGE 13 + + PREPAID + + AMOUNT DATE CHECK ----------------------- 05/12 85/16 80016646 CityPins-Anniversary 958.98 TOTAL DUE VENDOR --------) 956.98 05112.85/18 SupplimentalLife Pres -May 17.00 05/18/93 0000821219 TOTAL PREPAID AMOUNT ----? 17.06 TOTAL DUE VENDOR --------? 0.00 05/12 85/16 Recreation Refund 23.00 TOTAL DUE VENDOR --------? 23.06 85/12 85/16 Prof Svcs -Prop tx 2/1-5/6 2,370.08 TOTAL DUE VENDOR --------? 2,370.00 05112 05/18 Pu61cn-Polution Solutions 11.88 TOTAL DUE VENDOR --------? 17.80 65/12 85/18 10976 Fuel -Planning 22.88 05/12 65/18 11468 Fuel-CMgr 19.59 85/12 05/18 411315 Fuel -Gen Sort 24.46 85112 05/16 615783 Fuel -Ping 22.26 TOTAL DUE VENDOR --------> 88.33 05/12 85/18 397197 VideoTapes-Council/Coamtg 336.66 TOTAL DUE VENDOR --------? 336.66 85/12 65/16 Yater Usage-Starshine Prk 224.85 05112 85/16 Yater Usage -Dist 141 2,124.95 TOTAL DUE VENDOR --------> 2,949.80 85/12 85/16 7282 Recreation Refund 36.88 TOTAL DUE VENDOR --------? 36.80 City of Diasand Bar tft RUN TIME: 09:44 95/13/93 V O U C H E R R E S I S T E R DUE THRU.............05/18/93 VENDOR NAME VENDCR ID. ACCOUNT PROJ.TX-NO BATCH PO.LINE/N0. ENTRY/DUE INVOICE DESCRIPTION ------------------------- ------------------------------------------------------------------ Vright, Paul YrightP *001-4214-4229 4 39518E 95/12 95/18 Audio/Visuals Svcs-GenPln TOTAL DUE VENDOR -------- PAGE i4 * { PREPAID + + AMOUNT DATE CHECK 255.99 255.91 TOTAL PREPAID -----------? 89,419.48 TOTAL DUE ---------------) 148,993.86 TOTAL REPORT ------------) 238,484.34 +++ City o4 Diamond Bar +++ RUN TIME:09:44@5il3/93 VOUCHER RE6I5T'c FUND SUMMARY REPOR RT DUE THRU.............65i18/93 DISBURSE 6/L 6JE PILL POST 6JE HAS POSTED FUND TOTAL DIRECT PAY REVENUE EXPENSE REVENUE EXPENSE ------------------------------------------------ ----------------------------------------------------- Del General Fund 250 C.I.P. Fund 112 Prop A -Transit F 136 LLAD 08 Fund 141 LLAD X41 Fund 139 LLAD t39 Fund TOTAL ALL FUNDS 213,645.61 59,834.80 25.538.38 6,296.59 139.46 2,761.23 29.61 PAGE 1 FUTURE TRANSAC?IONS REVENUE EXPENSE ----------------------- 1,46S.61 142,805.26 25.538.36 6,29@,59 139.46 2,761.23 29.01 ------------ ------------ ------------ ------------------------ - - 111,563.93 236,404.34 59,634.60 C/Plunk indicated that, even though she left the meeting early, she will be voting on the Minutes of February 25, 1993 because she listened to the audio PITY OF DIAMDND BAR MINUTES OF THE PLANNING COMMISSION MARCH 8, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:10 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: Commissioner Grothe. ROLL CALL: Commissioners: Grothe, Li, Plunk, Vice Chairman DR & CUP 91-1 Meyer, and Chairman Flamenbaum. and EIR 91-4 Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Secretary Liz Myers. CONSENT CALENDAR: C/Li will be abstaining from voting on the Minutes of February 22, 1993 because he was not present Minutes of during that meeting. Feb. 22 & the Response to Comments section of the EIR and Feb. 25, 1993 Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED to approve the Minutes of February 22, 1993, as presented. C/Li abstained. C/Plunk indicated that, even though she left the meeting early, she will be voting on the Minutes of February 25, 1993 because she listened to the audio tapes of that meeting. C/Grothe will be abstaining from voting on the minutes because he was not present at that meeting. Motion was made by Chair/ Flamenbaum, seconded by VC/Meyer and CARRIED to approve the Minutes of February 25, 1993, as presented. C/Grothe abstained. CONTINUED CDD/DeStefano presented the staff report regarding PUBLIC HEARINGS: the request made by Inter -Community Health Services to develop a three phase 425,000 square foot DR & CUP 91-1 medical plaza project on 43 acres generally located and EIR 91-4 west of Grand Avenue, south of Golden Springs Drive, east of Gateway Corporate Center and north of the Montefino condominiums. At the conclusion of the February 8, 1993, the Planning Commission directed staff to complete the final EIR and prepare a resolution of approval for presentation at the March 8, 1993 meeting. Staff has finalized the Response to Comments section of the EIR and prepared statements of overriding consideration for the air quality (post Phase I construction) and traffic impacts. Staff has also provided a multi page list of conditions corresponding with the staff recommended approval of the project. There has been recent changes to the resolution that deal with technical legal issues, grammatical problems, March 8, 1993 Page 2 and clarifications needed by the City and requested by the applicant. Additionally, the Planning Commission received the statement of fact this evening and the final statement of overriding considerations on the EIR. It is recommended that the Commission reopen the public hearing on the project, receive testimony from the applicant and the audience, and conclude by closing the public hearing, directing staff to reorganize specifically the resolution of approval, to be placed on the Consent Calendar for the meeting of March 22, 1993. Chair/Flamenbaum recalled that the Commission had only discussed the EIR, and not CUP items for conditions of approval. C/Plunk suggested that the Traffic and Transportation Commission (TTC) review the traffic plans for the various phases of the proposed project, to include surrounding development. Mark Blaget, consultant, reported that the conclusions outlined in the EIR reflect the conclusions made in the presentation proceeding it's submittal. The specific responses received have been identified and responded to, and additional explanations have been provided responding to issues raised at the last public hearing. A number of minor modifications are anticipated to the format of the draft Statement of Overriding Considerations and Statement of Fact. In response to some of the concerns raised by the Commission, Mr. Blaget made the following comments: the traffic analysis did consider a buildout traffic scenario for the years 1997, 2000, and 2010; the traffic analysis is consistent with the buildout analysis that was undertaken as part of the recent General Plan program; the projects buildout traffic was also considered with, and without mitigation, focusing on the large number of improvements anticipated city wide over the life of the General Plan; and, in regards to the concern of the potential damage that has occurred to the slopes on the project site, there was some evidence of erosion that were not being mitigated and could present a real damage, however, the applicant has met with the Public Works Department to resolve the erosion issue. Chair/Flamenbaum, referring to item 3.2, the Revision Section, on page 3.2 of the DEIR, inquired why it is recommended that the secondary access road to Golden Springs Road would not need to be done until Phase III. The traffic study indicates March 8, 1993 Page 3 that Phase I alone will have a significant impact on Grand Avenue. Mr. Blaget explained that the level of traffic generated by the Phase I development would be substantially less than the buildout traffic, and, although any addition will exasperate the level of service, the additional a.m./p.m. peak hour trips that would have been generated by both Phase I and Phase II can be readily accommodated. The additional number of trips would be far less than what is seen with an employment type of use that has a higher peak hour trip generation. Furthermore, the applicant also indicated a concern that the facility would not be able to economically support the connector road with the construction of Phase I. Chair/Flamenbaum, concerned with traff is congestion at the Golden Springs/Grand Ave. intersection without the secondary road access, inquired if it would not be more advantageous, in attempting to mitigate air quality damage, to keep cars moving as opposed to idling in a cue. Mr. Blaget stated that since the Golden Springs/Grand Ave. intersection is currently operating at a substandard level of service during peak hours, as is the intersection of Grand Ave./Diamond Bar Boulevard, then there wouldn't be any real benefit in terms of air quality. In response to another inquiry made by Chair/Flamenbaum, he indicated that the AQMD generates more vehicle trips, and as a result more mobile emissions than the proposed Medical Complex. C/Li requested a comparison of the use of the helicopter pad for a facility with and without a trauma center. Mr. Blaget stated that a telephone survey of all the hospitals in the area was conducted and the numbers of helicopter landings identified in the EIR have been confirmed. Chair/Flamenbaum declared the Public Hearing opened. Martha Bruske, 600 S. Great Bend, made the following inquiries: will this community support a hospital?; how much noise impacts will result from the helicopter use?; what is the anticipated private and Medical pay for the hospital?; how many day treatment procedures will there be?; how much March 8, 1993 Page 4 emergency care will there be?; will they take a lot of freeway accidents?; and how do the other hospitals feel about another medical facility? Richard Jankowski, a resident of Montefino, inquired how the project's current plan can be considered when it has been indicated that, beginning with Phase II, it exceeds noise and emissions standards set by the EPA. The location chosen is the worst possible location in terms of traffic congestion, pollution, and noise. The addition of the helicopter pad, in such a confined area, will be a nightmare for the surrounding homeowners. Ed Hilden, who served as President of the Chamber of Commerce in 1988, stated that a Chamber study conducted in 1988, among the merchants in the community, indicated that most wanted a "Shop Diamond Bar" campaign, and a local medical facility. Nancy Jankowski, resident of Montefino, made the following comments: Grand Ave. is the worst possible location for a hospital facility; the area is too confined for a helicopter pad; 28% of medical facilities do not treat their waste before disposing of it; and there are only 3 or 4 inspectors State wide to assure proper disposal of waste. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. Deborah Nicholas, Vice President of Corporate Development for Inter -Community Health Services, made the following responses to the comments made: the telephone survey conducted by Inter -Community indicated a need for a medical facility in Diamond Bar; this will not be a major medical facility, but a small community hospital; the services will be available for all type of insurance plans; the helicopter will only be provided for extreme emergency cases, and will probably only be used a couple of times a year; and Inter -Community Medical Center has to comply with all the standards, and all the Federal and State regulations in regards to waste disposal. VC/Meyer inquired if the applicant would be willing to commit to a specified number of helicopter trips to the facility, to be included as a mitigation measure, since it has been indicated that the total number of trips will be about two a year. March 8, 1993 Page 5 Deborah Nicholas pointed out that the problem with committing to a specified number is that if there is an extreme emergency that would put the hospital over the limit, would the hospital then be required to turn away an individual. We would be amenable to specifying that the helicopter is to be used in emergency situations only. C/Grothe requested some statistics on the quantity of trips, in and out, in the last two to three years, in the surrounding hospitals. Dwayne Carlberg, President and Chief Executive Officer of Inter -Community Health Services, stated that Inter -Community has not had a licensed helipad at it's other facilities, but used an area in the parking lot semi -regulated by the FAA to allow for emergency helicopter landings and take offs as necessary, which did not exceed 12 trips per year. The helicopter was not used to bring patients to the medical facility but to transport emergency patients, such as burn patients, neonatal intensive care patients, requiring specialized treatment facilities. He assured the Commission that the number of helicopter landings and take offs on the proposed site would not exceed 24 per year. If there is to be a ceiling on the number of trips allowed, then there needs to be an understanding from the City that patient number twenty five (25) is justifiable in his transport as is patient number six (6). VC/Meyer pointed out that concerned residents would like some assurance that they can reside in their homes without the intrusion of a helicopter flying by every five to ten minutes or some sort of unspecified period of time. There needs to be some sort of empirical data in terms of the use of the helicopter. Furthermore, it may be prudent to avoid allowing some other agency, such as FAA, to control the facility because such agencies are not always reliable. C/Plunk stated that she prefers getting the probability of usage rather than a maximum. Deborah Nicholas, in response to Chair Flamenbaum's inquiry regarding trip generation, indicated that she will provide those numbers, projecting how many patients will go to the site who currently reside in the Diamond Bar/Walnut, Chino Hills, and other surrounding communities. March 8, 1993 Page 6 Mark Blaget stated that a hospital type of facility isn't the type of project that results in spontaneous generation, like a commercial shopping center. However, it will generate employee trips of about 500 to 700 vehicle trips daily in Phase I that will be new trip generation. The other 1,400 trips, of the 2,000, coming to and from the site are diverted trips of people who would have gone to a medical facility in the surrounding area. Therefore, there will actually be a reduction in the vehicle miles traveled, which was not factored in the environmental review process. There are other types of land uses that could be developed on that site that have less daily trip generation than this project, however, these are employment generating types of activities where heavy levels of traffic would be experienced during the a.m./p.m. peak hours. VC/Meyer stated that he is in disagreement with the conclusions in terms of the secondary access road to the project. The traffic will seek the line of least resistance if there is an opportunity to do SO. There is also a proposed Church, and commercially zoned parcels of land, that would utilize that same access point. That alternate circulation route is important, and there is a possibility of having that cost spread over other developments to happen in the area. Though the conclusions in the EIR has been well founded, VC/Meyer indicated that he does not whole heartedly embrace the conclusions made. Dwayne Calberg stated that their engineering and architectural consultants have indicated that it will be very difficult and costly to develop some other access to that property, through the sites immediately below, because of the steep bank separating the properties. VC/Meyer noted that a 450,000 square foot medical facility on 10 acres goes beyond a small community hospital. Perhaps it should be considered that there may be an optimum growth situation for the City. The applicant needs to consider an alternate safety route, sharing costs with the other facilities going in. Chair/Flamenbaum recessed the meeting at 8:26 p.m. The meeting was reconvened at 8:43 p.m. C/Plunk reiterated her suggestion that the project should go before the TTC for their review. March 8, 1993 page 7 VC/Meyer suggested that the Commission move forward with the certification of the EIR, dealing with the CUP, but not acting on the design review until there is more than a conceptual plan. In this manner, the applicant could go back to their architectural engineering staff and cost out those types of improvements that are laid out in the EIR, and then go the TTC, as suggested by C/Plunk, with a more clearly defined development proposal. Furthermore, it is difficult to consider Phase III of the project which is 20 years down the road. CDD/DeStefano reminded the Commission that the intent of the applicant and staff is to look at this application as an umbrella project, with an EIR that discusses the project with as much details known at this point, including the projects impacts with neighboring projects. Any phase being awarded an approval to begin construction would first need to be brought before the Planning Commission for review and approval with appropriate conditions at that time. with respect to the approval process, the EIR and the CUP could be approved outside of the design features, understanding where we're going in order to come up with the proper mitigation measures. Furthermore, the current policy of the City Council indicates that it is not part of the TTC's current scope of authority or responsibility to review a specific project's traffic impacts. Staff can be directed to first deal with all of the issues raised by the Commission up to this point, and to provide answers to those questions. Motion was made by C/Grothe and seconded by VC/Meyer to redraft the resolution of approval with the following modifications: further develop the circulation plan to include the secondary access road; set shift changes so they do not occur during a.m./p.m. peak hours for the ancillary staff; the air conditioning units should be screened from visibility on top looking down on the roof, not just a horizontal straight line; and condition the heliport for emergency use only. C/Plunk reiterated her request to have further time to review the documents presented to the Commission this evening. Chair/Flamenbaum noted that the document presented appear to be substantially similar to the one provided earlier. The resolution of approval will come back to the Commission for further review. He then requested staff, referring to condition #16, March 8, 1993 Page 8 to clarify that the front property line is Grand Avenue. Ken Liu, the architect, using a model of the project presented before the Commission, pointed out where the secondary access road could possibly be located. There is a major slope issue coming down from the site. C/Grothe explained that the Commission is looking to assure that the project is designed so that the whole ingress and egress is a major entry statement going up and down to the lower center. He pointed out that half of the entrance to the project site, and all of the retaining walls, are drawn on the neighbors property. It is difficult to imagine that the neighboring property has granted an easement to build half of a road that does not even go down to their property. The signal installed on Grand Avenue is to service those three properties. The details should be worked out with the neighboring property owners. vC/Meyer inquired if, by including a secondary access road in the EIR, a foundation would be established to motivate these other property owners to explore the best location for the secondary access road down to Golden Springs Road. CDD/DeStefano stated that there has been discussion with the property owner adjacent to this site, and they are aware of the need to secure access off of Grand Avenue at the signalized intersection, and to create some additional access road somewhere through the site from Grand Avenue to Golden Springs. The EIR review for the proposed church and sanctuary use would include reviewing this EIR and implementing those mitigation measures that would be applicable to their site. VC/Meyer expressed his concern for hazardous waste removal, as well as off site spills. He requested that the applicant look into possibly training personnel in some sort of cooperative effort with the Fire Department to assist in minimizing the down time for Grand Avenue if there was an off site spill of hazardous waste. Ken Liu stated that certain types of regulated waste are required by law to be removed only by a licensed vendor who is trained for safety transport to designated sites for disposal. March 8, 1993 page 9 The Commission voted on the Motion made by C/Grothe and seconded by VC/Meyer to redraft the resolution of approval with the following modifications: further develop the circulation plan to include the secondary access road; set shift changes so they do not occur during a.m./p.m. peak hours for the ancillary staff; the air conditioning units should be screened from visibility on top looking down on the roof, not just a horizontal straight line; and condition the heliport to emergency use only. The Motion CARRIED UNANIMOUSLY. Chair/Flamenbaum recessed the meeting at 9:35 p.m. The meeting was reconvened at 9:46 p.m. DR 92-6 & PT/Lungu presented the staff report regarding the CUP 93-1 request made by the applicant, Carl Karcher Enterprises, Inc., to amend an existing CUP and process a Development Review in order to construct a children's play area with supervisory seating on an outdoor patio. As directed at the February 22, 1993 meeting, staff and the applicant discussed the following alternatives, as outlined in the staff report, to alleviate the shortage of parking stalls on site: redesign the parking area in order to acquire more parking stalls; incentives for ride - sharing and the utilization of other means of transportation besides employee's car; reciprocal parking agreement with a neighboring site to mitigate the parking shortage; and to consider the availability of parking on Gentle Springs Lane. Upon visiting the site on four separate occasions, staff observed that the Carl's Jr. site was congested during lunch hour, with no available on site parking, no available parking on Gentle Springs Road, and stacking of cars in the drive- thru lane extending to the front entrance of the restaurant. It is staff opinion that even though the design of the playground area is appropriate and compatible with the existing restaurant and the surrounding area, the addition of the playground area is not appropriate due to the fact that the number of parking spaces are inadequate for the potential occupancy load of the restaurant and the on-site congestion, even with the implementation of several alternatives. It is recommended that the Commission deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. Chair/Flamenbaum declared the Public Hearing opened. Hearing no testimony, Chair/Flamenbaum declared the Public Hearing closed. March 8, 1993 Page 10 Mike Callahan, employed by Carl Karcher Enterprises, Inc., made the following comments: the stacking of cars at the drive-thru may have occurred because it was the manager's day off on one of the days that staff visited the site; K -Mart has been approached to allow us to park six cars on their parking lot during noon time; there will be 40 parking stalls on site; the play area will meet all disable access, fire egress, and other building and safety requirements; final plan approval will be obtained by the Diamond Bar Improvement Association (DBIA) prior to plan check submission; a separate landscape plan, prepared by a licensed landscape architect, shall be submitted for approval; a six place bicycle rack will be included on site; a ride sharing incentive program, for the employees, will be maintained; the terms of the Agreement of Protective Covenants, Conditions, and Restrictions, recorded February 26, 1974, will be abided; all necessary building permits will be obtained prior to construction; the use of the playground area shall be limited to patrons of Carl's Jr. who are supervised by a parent or adult guardian; they will cooperate with the City Engineer to repair it's portion of Gentle Springs Lane; and they will obtain a written agreement with a neighboring business to allow off site parking of six (6) employee vehicles during the noon time meal period. He stated that he has not heard anything from the City Engineer or staff regarding a Traffic Signal Assessment Fund, in which a $2,000 payment was offered as indicated in the letter dated February 23, 1993. C/Plunk stated that, upon visiting the site, she concurs with staff's concern that the applicant has a parking problem during the a.m. hours. PT/Lungu, in response to Chair/Flamenbaum, stated that the play area is included as part of the occupancy load. As far as the traffic signal, the City Engineer has indicated that, at this time, he feels that the signal is not appropriate. CDD/DeStefano expressed his concern that allowing. off site parking across a major street will not only set a precedent, but is also dangerous for the employees being asked to cross that busy street. He suggested that, if the Commission is leaning towards approval of the project with additional parking, there be a condition that the applicant be required to provide documentation evidence that the adjacent property owner has agreed to allow them to use six (6) spaces. March 8, 1993 Page 11 Motion was made by C/Plunk and seconded by C/Grothe to concur with staff's recommendation to deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. C/Grothe concurred that the play area is a needed feature for the restaurant, however, he indicated his concern that there is not adequate parking on site, and that the intersection and street is unsafe. VC/Meyer stated he is not as concerned with the lack of parking spaces since staff has indicated, at the last public hearing, that the facility did not have a parking problem that spills out into the public right-of-way. It appears that we are planning for the vehicle and not for the intended users of the property. Some businesses are quite successful without any, or perhaps minimal, parking spaces. Furthermore, the applicant has expressed his willingness to obtain an agreement to allow his employees to park off site. However, since the City does have specific parking standards, he stated that he will support staff's recommendation. C/Plunk pointed out how difficult it is to verify if the applicant's employees are parking off site. She expressed her concern that children will be crossing a busy street to get to the facility because there is inadequate parking. C/Li noted that parents have a responsibility to assure that children cross the street safely. He stated that, though he concurs with staff's decision to deny the application based upon the parking standards, he also concurs with the applicant's desire to expand his facility to increase his profit, especially since the applicant is willing to negotiate with the adjacent businesses for additional parking. The Commission voted upon C/Plunk's Motion, as seconded by C/Grothe, to deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. The MOTION FAILED. AYES: COMMISSIONERS: Plunk and VC/Meyer. NOES: COMMISSIONERS: G r o t h e, L i, a n d Chair/Flamenbaum. ABSTAIN: COMMISSIONERS: None. Motion was made by C/Grothe and seconded by C/Plunk to direct staff to draft the resolution of approval outlining a variety of conditions deemed March 8, 1993 Page 12 appropriate by staff, incorporating the following items discussed: 40 stalls on site to be maintained; a minimum of six (6) off site parking spaces to be provided during the noon hour on an adjacent property site; some form of traffic mitigation at the intersection, such as a crosswalk; and prior to granting the CUP, the applicant must demonstrate that the adjacent property owner(s) have granted the off site parking. CDD/DeStefano, in response to C/Li, stated that staff will secure a document from the adjoining property owner(s) that concurs with the responsibility for allowing the six (6) parking spaces to be located on that property. An occasional spot check of the area will be conducted by staff. The Commission voted upon the Motion made by C/Grothe, as seconded by C/Plunk, to direct staff to draft a resolution of approval with the appropriate conditions. The MOTION CARRIED UNANIMOUSLY. AYES: COMMISSIONERS: Grothe, Plunk, Li, v C/ M e y e r a n d Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. PUBLIC HEARING: CDD/DeStefano reported that the applicant and staff is requested that this item, a request for a CUP to CUP 93-2 turn the existing office building located off of Golden Springs Drive, near Grand Avenue, into a sanctuary for Calvary Chapel, be continued to March 22, 1993. Chair/Flamenbaum declared the Public Hearing opened. Hearing no testimony, Chair/Flamenbaum declared the Public Hearing closed and continued. Motion was made by Chair/Flamenbaum, seconded by C/Plunk and CARRIED UNANIMOUSLY to continue the matter to April 12, 1993. INFORMATIONAL CDD/DeStefano made the following comments: copies ITEMS: of the material received from the Planners Institute seminar, plus a list of tapes available for purchase, will be provided to the Commission; the public review period has ended for the City of Industry's EIR; the Referendum petition was March 8, 1993 ADJOURNMENT: Page 13 certified by judges order, and the Council has directed staff to prepare a resolution to rescind the General Plan, and to put together a team to deal with the General Plan issues; the City will continue to operate under Ordinance #4 until the General Plan is deemed in effect and enforceable; the TDM was approved by the City Council; and the City Council approved the Parcel Map for the Yellow Brick Road. Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 10:40 p.m. Respectively, /s/ James DeStefano James DeStefano Secretary Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION MARCH 22, 1993 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: Commissioner Grothe. ROLL CALL: Commissioners: Grothe, Plunk, Vice Chairman Meyer till 7:40 p.m., and Chairman Flamenbaum. Commissioner Li was absent. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Secretary Liz Myers. Chair/Flamenbaum announced the passing of Mr. Don Nardella, a former Parks and Recreation Commissioner and City Councilmember. The meeting will be closed in his honor. CONSENT CALENDAR: The Planning Commission concurred to separate the items on the Consent Calendar. Minutes of Mar. 8, 1993 Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to approve the Minutes of March 8, 1993. DR 92-6 PT/Lungu, in response to VC/Meyer, stated that the CUP 93-1 applicant has reviewed the Resolution. She pointed out the following last minute changes made to both of the Resolutions: item #3, page 2, is reworded to add "...or the habitat upon which the wildlife depends. Based upon substantial evidence..."; and a condition is added to the last page stating, "This grant would not be effective unless the CUP or the Development Review has been approved.". C/Plunk, referring to item #5.c., inquired if the applicant is proposing to have 9 feet by 19 feet parking stalls, which is the standard according to the Diamond Bar Improvement Association (DBIA) CC&R's. PT/Lungu stated that the applicant is proposing 8 feet by 18 feet parking stalls which is the standard in the Diamond Bar Municipal Code. the City does not enforce the DBIA's CC&R's. C/Plunk stated that she feels the traffic signal warrant study may be an unnecessary expense to the applicant, especially since the City Engineer indicated that the signal at the subject intersection may not be appropriate because it is too close to an existing signal. March 22, 1993 Page 2 PT/Lungu reported that the City Engineer indicated that if the Commission desired a signal, a warrant study would have to be required at a cost of between $2,000 and $4,000 dollars. C/Grothe recalled that the City Engineer had indicated that the signal would be too close, especially without a lot of controls. At some time in the future, a signal will need to be installed because of the traffic congestion at that intersection. Since the applicant is asking for a variance to increase parking, and pedestrian traffic, on an intersection that is virtually impassible now, he should contribute to finding a solution in that area. Nothing should occur on that entire street until the street is maintained and the intersection is improved. VC/Meyer indicated that it may not be appropriate to ask this applicant, who is just putting in a tot lot, to pay $4,000 for traffic warrants. It may be more appropriate to have the City, as a matter of reviewing the entire circulation system periodically, be sensitive to this location. C/Plunk suggested that the applicants funds be used towards maintaining the street instead of traffic warrants. C/Grothe pointed out that the applicant is only being asked to pay for a pro rata share towards improving the situation there. Since the applicant is requesting a variance from the City, he should be amenable to help the City determine a solution to that intersection. DCA/Fox informed the Commission that there does not seem to be a way to make this condition enforceable as it is written because there is a reliance on other discretionary approvals to come forth to create that. pro rata share. The same situation occurs with the slurry seal condition. Chair/Flamenbaum stated that though he concurs that a study needs to be done, both conditions (i) and (j) should be omitted unless they are quantified. DCA/DeStefano suggested that the Commission not make an arbitrary decision on the amount because the amount will be determined based upon the complexities of the intersection and the various proposal received from qualified consultants. In response to VC/Meyer, CDD/DeStefano stated that all signalized and nonsignalized intersections are a March 22, 1993 Page 3 part of the ongoing traffic analysis of the entire City. VC/Meyer stated that because the applicant is requesting modification of a CUP, the conditions should deal with the use of the land, and not traffic issues. Motion was made by Chair/Flamenbaum and seconded by VC/Meyer to approve the Resolution deleting condition 5.j. and 5.i. C/Grothe, referring to item 5.d., stated that it was his recollection that the additional parking spaces was to be on a property contiguous to this one, and not across the street. PT/Lungu explained the requirements as indicated in chapter 7 of the Zoning Code regarding parking permits. CDD/DeStefano stated that the most logical location for the additional parking spaces would be Good Year and the Chinese Restaurant, based upon the Commission comments, staff comments, and the Code requirements. Though the KMart parking lot could qualify in terms of the distance, based upon the public safety issues outlined at a previous meeting it would not be a recommendation by the staff for such an off site parking location. In response to C/Plunk, CDD/DeStefano explained that the provision of this use permit will be enforcement periodically by staff visits to determine whether or not the employers are using the employee designated spaces. C/Meyer suggested that the statement "...and approval of the City's Director of Public Works.", be added to the end item 5.d. Chair/Flamenbaum amended his motion, as seconded by VC/Meyer, to approve Resolution 93 -XX approving Development Review No. 92-6, deleting condition 5.j. and 5.i, and to add the statement "...and approval of the City's Director of Public Works." to item 5.d, to include the amendments indicated by staff. The Motion CARRIED. AYES: COMMISSIONER: NOES: COMMISSIONER: ABSTAIN: COMMISSIONER: ABSENT: COMMISSIONER: Plunk, VC/Meyer, and Chair/Flamenbaum. Grothe. None. Li. March 22, 1993 Page 4 Motion was made by VC/Meyer, seconded by Chair/Flamenbaum and CARRIED to approve Resolution 93 -XX approving CUP No. 93-1, deleting condition 5.j. and 5.i, and to add the statement "...and approval of the City's Director of Public Works." to item 5.d, to include the amendments indicated by staff. Nancy Jankowski, representing Montefino Homeowners Association, made the following comments: there is a Target store being proposed at Valley Blvd. and Grand Ave. which will add 7,000 cars per day to Grand Ave. in addition to the increase in traffic by this medical facility; the slope is unstable and the vibrations from the helicopters may contribute to more slope failures; though the Chamber of Commerce does not object to the proposed facility, it is the homeowners that are being affected, not the business community; and the location is not appropriate, Chair/Flamenbaum declared the Public Hearing to be continued. C/Plunk explained that the helicopter will only be used for emergencies only, and it will not become an airport. Deborah Nicholas, Vice President of Corporate Development for Inter Community Health Services, concurred to continue the matter to the April 12, 1993 meeting. AYES: COMMISSIONER: Plunk, VC/Meyer, and Chair/Flamenbaum. NOES: COMMISSIONER: Grothe. ABSTAIN: COMMISSIONER: None. ABSENT: COMMISSIONER: Li. CONTINUED AP/ Searcy reported that staff has received the PUBLIC HEARINGS: additional information from the applicant, Inter - Community Health Services, regarding CUP 91-1, DR DR & CUP 91-1 91-1 and EIR 91-4, pursuant to the Planning and EIR 91-4 Commission's request made at the meeting of March 8, 1993. However staff has not had the opportunity to properly review the information received. It is recommended that the Planning Commission continue the public hearing to April 12, 1993. Chair/Flamenbaum declared the Public Hearing opened. Nancy Jankowski, representing Montefino Homeowners Association, made the following comments: there is a Target store being proposed at Valley Blvd. and Grand Ave. which will add 7,000 cars per day to Grand Ave. in addition to the increase in traffic by this medical facility; the slope is unstable and the vibrations from the helicopters may contribute to more slope failures; though the Chamber of Commerce does not object to the proposed facility, it is the homeowners that are being affected, not the business community; and the location is not appropriate, Chair/Flamenbaum declared the Public Hearing to be continued. C/Plunk explained that the helicopter will only be used for emergencies only, and it will not become an airport. Deborah Nicholas, Vice President of Corporate Development for Inter Community Health Services, concurred to continue the matter to the April 12, 1993 meeting. March 22, 1993 Page 5 Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to continue the matter to the meeting of April 12, 1993. AYES: COMMISSIONER: NOES: COMMISSIONER: ABSTAIN: COMMISSIONER: ABSENT: COMMISSIONER: Grothe, Plunk, VC/Meyer, and Chair/Flamenbaum. None. None. Li. VC/Meyer excused himself from the meeting at 7:40 p.m. because of personal obligations. He submitted a copy of his comments representing his point of view regarding the information on the South Pointe Master Plan. Hardy Strozier, Project Manager, indicated that the applicant would like the Planning Commission to consider continuing the South Pointe Master Plan to allow full attendance of the Commission. Planned Sign PT/Lungu presented the staff report regarding the Program 92-4 request made by the applicant, Steve Porretta & Variance 92-3 President of Southland Management, Inc., to develop a Planned Sign Program and to install six freestanding monument signs, each fifteen feet in height with a sign face area of 120 square feet located at the Diamond Bar Village and Professional Center at the northwest corner of Golden Springs Drive and Diamond Bar Blvd. It is recommended that the Commission approve Planned Sign Program No. 92- 2 and Variance No. 92-3 with the recommended reduction in the height of the monument signs, Findings of Fact, and conditions as listed within the attached resolutions. Chair/Flamenbaum declared the Public Hearing opened. Steve Porretta, President of Southland Management, Inc., pointed out some of the modification made to the Planned Sign Program which addresses the DBIA's concerns: the statements, "current covenants, conditions, and restrictions" and "landlord approval" has been added to page 1, section 1, first paragraph; they would like to add to page 8, paragraph E, item 1 that the new architectural design of the sign is to be determined acceptable by the Community Development Director; and indicate, in item 9, page 9, that since the size of the signs are changed, then the physical layout of the tenant advertising on the signs will be completed with the approval of the Community Development Director. March 22, 1993 Page 6 PT/Lungu, in response to Chair/Flamenbaum, explained that the applicant is modifying item 9 because the tenant arrangement will be different from the original submittal. The signs have been reduced from 15 feet in height to 10 feet in height, and only three signs now will be used for center identification. Only the height of the monument signs and the tenant arrangement on the signs have been changed, and all other aspects of the sign program will remain the same such as the color, the location, the sign face area, the style of lettering, and the architectural style. C/Grothe stated that he would have preferred to have been presented with a clear outline of the changes made to the application prior to the meeting. CDD/DeStefano suggested that the Planning Commission may prefer to continue the matter to the next meeting to allow the Commission time to review the package of material outlining the applicant's and staff's thoughts, or postpone the matter to the conclusion of the South Pointe Master Plan discussion to allow staff and the applicant an opportunity to clearly outline the changes to the Planning Commission's packet. C/Plunk stated that, because the changes were presented to the Commission during the meeting, she is not comfortable with taking an action tonight. Constance Nicholas, owner of BCN Lighting & Sign Company, requested that page 4, paragraph 5, section e, of the Resolution, include such language as "nonpermitting, nonconforming signs, or unlawful, or without permits" to replace the language, "not a part of this approval", for clarity purposes. She then stated that they are in the process of working with the DBIA because the property is subject to their approval. However, they are finding it increasingly difficult to complete the project, and work with the DBIA, without design standards in the CC&R's. Chair/Flamenbaum explained that the City does not have any legal connection with the DBIA. Don Schad, a member of the DBIA, informed the applicant that the DBIA is meeting this Wednesday if they desire assistance. Chair/Flamenbaum declared the public hearing closed. March 22, 1993 Page 7 PT/Lungu, in response to C/Grothe, explained that the existing monument signs that identify Diamond Bar Village will be removed two a year, upon the Commission's approval of the project, and replaced with new monument signs. All other monument signs will be removed. There is a full planned sign program on the site. C/Grothe stated that, in his opinion, this site is no different than any other site, and is actually flatter than most of the topography in the City. Therefore, there is no grounds for a variance. Motion was made by C/Grothe to deny the project. The motion died for lack of a second. C/Plunk reiterated that she would have been more comfortable if the brief changes had been presented to the Commission earlier. Chair/Flamenbaum suggested that 5.f of the Resolution of Approval, be changed to indicate that the applicant shall replace no less than two monument signs at twelve month intervals. Motion was made by C/Plunk, seconded by Chair/Flamenbaum and CARRIED to continue the matter to the meeting of April 12, 1993. AYES: COMMISSIONER: P l u n k a n d Chair/Flamenbaum. NOES: COMMISSIONER: Grothe. ABSTAIN: COMMISSIONER: None. ABSENT: COMMISSIONER: Li and VC/Meyer. Chair/Flamenbaum recessed the meeting at 8:08 p.m. The meeting was reconvened at 8:28 p.m. South Pointe CDD/DeStefano reported that the applicant is Master Plan seeking a continuance in order to be able to present the presentation to a full Commission. Jan Dabney, speaking for Mr. Patel, Mr. Arciero, and Mr. Forrestor, stated that with the passing of Don Nardella and the absence of two Commission members, the owners of the properties have requested a continuance to some future date. Furthermore, some of the items on the agenda would require three votes to either approve or deny, and with only three Commissioners, it may appear that the Planning Commission was swayed one way or the other regardless of the vote. March 22, 1993 Page 8 In response to Chair/Flamenbaum, all the applicants nodded their concurrence for the continuance, and Hardy Strozier stated his desire to continue his presentation to the next meeting as well. Chair/Flamenbaum declared the Public Hearing opened. Don Schad expressed his regret for the passing of Don Nardella. He pointed out the following inconsistencies in the EIR: no mention of the waterway, relocation or replacement; sage land is not properly covered; cacti not fully researched; the gnat catcher not mentioned; it provides total annihilation of the trees without recourse of an exceptional ecological area; and it states only 850 trees will be destroyed when there are actually 3,000 that will be destroyed. Clair Harmony expressed his concern that the City has not been provided with enough information on the project, therefore the City has failed to exercise due diligence. He questioned if the City has pulled a title report on the RnP property to legally explore the aspects of the cloud on that land, specifically the disputed ownership between the Pathfinder Homeowners Association. He also questioned if the City investigated Mr. Forrester to assure that he is capable of financially carrying through the project. He then suggested that Mayor Miller give a more detailed explanation to his appearance of a conflict of interest, especially since he has taken an active role in pursuing this project. Swanee Fong, residing at 20879 Missionary Ridge, expressed her opposition to the proposed amphitheater in the South Pointe Master Plan development because it will increase noise, traffic, crime, and graffiti in the existing neighborhood. Tom Van Winkle inquired if the proposed Metro Rail Station pickup at Grand Ave. and Currier has been considered in regards to the increase in traffic, along with the traffic impacts of -this development and businesses. He noted the traffic congestion caused by the business center located on Brea Canyon and Pathfinder. Evan Chanall, residing at 1820 Peaceful Hills, stated that the Middle School is being used as a pawn in an attempt to get development in Sandstone Canyon started. The City need to act in the best March 22, 1993 Page 9 interest of it's residents and take action against Arciero to get the problem solved. He should be fined and forced to move the dirt. Barbara Beach Cushane, residing at 2021 Peaceful Hill Road, requested that the City look carefully at an EIR that substantially disagrees with noted environmentalists, and publicly appointed agencies, specifically the Department of Fish and Game. She then read the following portions of the General Plan which is inconsistent with the EIR: page I, item 1 of the General Plan indicates that each piece of development must best fulfill the short and long term needs of the City; and page I, item 7, indicates that there is a need for the City to plan for growth in ways that protect and conserve natural resources and the environment. She inquired how the City can proceed with a proj ect that is significantly tied to a nonexisting document since the General Plan has been rescinded. Joe Gorman, 333b Mountain Ave., Claremont, of Gorman PhD, Associates, made the following comments: since the City does not have a General Plan, the City is very much open to legal action for the lack of a consonant EIR based upon a General Plan; the geology of the site has not been sufficiently explored; the ground on the site appears to be soft, and if houses or streets are constructed there is a likelihood that the land will experience slippage within 20 to 50 years; the seismic area has not been properly explored; there is evidence of cougars within the canyon; the presence of the gnat catchers has not been properly explored; there are 12 or so more organisms that need further consideration; and it is a political trick to use the school to lever in putting in the dirt that Arciero was to remove. Chair/Flamenbaum declared the Public Hearing to be continued. C/Grothe pointed out that the "pile of dirt" on the school site, that is being referred to, is actually the entire top of a hill that has not been leveled at this point. The City of Diamond Bar does not have jurisdiction over the School District, and the only control the City has regarding the school site has to do with issuing a grading permit. Motion was made by C/Grothe and seconded by Chair/Flamenbaum to continue the matter to the April 12, 1993 meeting. March 22, 1993 Page 10 C/Plunk requested the following information from staff: coastal live oak and the scrub oak in regards to the range and the commonality, or lack there of, in the California landscape; a tree count of Diamond Bar from the 1950's versus now; the tree count of the surrounding neighborhoods affected by this project, for example the HOA; how many trees will be planted in the City this year; how many of the large trees would be relocatable, if the project was approved; evidence of the regeneration capability of this habitat; the number of total trips per day in the City resulting from this project; and a comparison of the number of traffic trips generated by a full business center versus a neighborhood. She then made the following comments: if there is a cougar, then an agency needs to be contacted so the cougar can be humanely moved for it's safety, the safety of other animals, and the safety of the children; the City has a lack of active organized sports and active park space is needed; Sycamore Canyon Park is too small for the Concert in the Parks; it is extremely expensive to remove the dirt for the school; and, according to a gentleman from the Whittier Conservancy, it takes 5 years to raise the money, and 5 years to complete the transaction, and it was suggested that first criteria be set up to determine what areas would qualify for a land conservancy, to include quality of habitat, the corridor for movement, buffer from development, the size of the property, the access of the property, the regeneration, for whom is the land to be saved for, and the aesthetics. Chair/Flamenbaum read the memorandum submitted to the Commission by VC/Meyer, in which Chair/Flamenbaum is in concurrence with the statements made. The following is a summary of that memorandum requesting additional information from the suppport staff: an economic analysis describing the probable financial results of implementing the project as proposed; the feasibility of relocating the major access road from Brea Canyon Road in a northerly direction adjacent to the boundary of tract 32400; is the proposed cross section of Brea Canyon Road adequate to handle the proposed traffic generated by the project and other anticipated demand; has the traffic projections anticipated the improvement of Pathfinder westerly to Harbor Blvd.; would additional off site improvements have to be made to reduce the impact of traffic on the intersection of Pathfinder/Brea Canyon, Golden Springs/Brea Canyon, Golden Springs/on and off ramp to the 60 freeway; can the adjacent open space owned and maintained by March 22, 1993 Page 11 the Homeowners Association be utilized to offset the impacts to the existing canyon environment; if access to Rapid View and Larkstone is prohibited, then could access to Morning Sun be deleted; what would be the results of creating access to Morning Sun, Larkstone, and Rapid View; what is the impact of eliminating the commercial property from the proposed project, or reducing it in scope, which would appear to retain a substantial portion of the existing canyon; the proposed access to Morning Sun from tract 51253 is an off set design and what is the results of aligning the access to the proposed tract from Shepherd Hills Road; what are the impacts of saving the blue line stream and the existing oak trees located within the boundary of tract 51253; what is the development density of the three private projects at this point in time; it appears that the three private developers would need to develop this project independently, and what guarantee would the City have to insure that the needed public improvements would be constructed within an acceptable time frame; can the project contain a system of biking and hiking trails; when will the Resource Management Plan be presented to the Commission; is it reasonable to require that a berm be constructed between the proposed dwellings and the existing roadways to mitigate noise; should the passive canyon environment be changed to active recreation areas, or kept as passive, and what are the impacts; is it possible to develop the project area and leave the canyon blue line streams in tact; and does the City or the developers have responsibility to repair the ancient land slide area. Chair/Flamenbaum requested staff to respond to these inquiries, as well as those inquiries asked in previous meetings, to include information regarding the possible presence of cougars in the canyon. The Commission voted upon the Motion made by C/Grothe and seconded by Chair/Flamenbaum to continue the matter to the April 12, 1993 meeting. The Motion CARRIED UNANIMOUSLY. INFORMATIONAL CDD/DeStefano stated that Councilmen MacBride has ITEMS: reappointed Planning Commissioner Michael Li, and that Commissioner Li will be sworn in at the next meeting. He then reported that, under his authority of Administrative Development Review Officer, he approved a 10,000 square foot home proposed at 2532 Braided Mane within "The Country", with all the oak trees on the site to be preserved and protected during the construction of the new home.. March 22, 1993 Page 12 ADJOURNMENT: Motion was made by C/Grothe, seconded by Chair/Flamenbaum and CARRIED UNANIMOUSLY to adjourn the meeting at 9:38 p.m. in memory of Mr. Don Nardella. Respectively, /s/ James DeStefano James DeStefano Secretary Attest: /s/ Bruce Flamenbau Bruce Flamenbaum Chairman CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION APRIL 12, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at Air Quality Management 7:11 p.m. at the South Coast District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by DeStefano. ALLEGIANCE: Community Development Director James SWEARING IN: Commissioner Li was sworn in by City Clerk Linda Burgess as Planning Commissioner. ROLL CALL: Commissioners: Grothe, Plunk, Li, Vice Chairman Meyer, and Chairman Flamenbaum. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Interim City Deputy City Attorney Craig Fox, Contract Recording Engineer George Wentz, and Secretary Liz Myers. CONSENT CALENDAR: C/Plunk requested the Minutes of March 22, 1993 be indicate "..and according to amended on page 10 to the gentlemen from the Whittier Conservancy, it Minutes of Mar. 22, 1993 took..." VC/Meyer indicated that he has read the minutes, the subject meeting, and listened to the tapes of is prepared to vote on the minutes. C/Li will be abstaining from voting on the minutes the subject because he was not in attendance at meeting. Motion was made by C/Grothe, seconded by C/Plunk and CARRIED to approve the Minutes of March 22, 1993, as amended. C/Li abstained. CONTINUED CDD/DeStefano stated that the proposed Master Plan bounded PUBLIC HEARINGS: project is located on 171 acre area by located north of Pathfinder, General Plan generally property west of Brea Canyon Road, south of Rapid View and of Morning Amendment 92-2; the South Pointe Middle School, and east The was continued from the March 22, DA 92-1, 2, and 3; Sun. project 1993 meeting. The applicants representative, Jan Vesting TT Map 51407, CUP 92-8 & Dabney, has requested, via a letter dated March 30, in OT 92-8; ZC 91-2 & 1993, that the public hearing be continued again refinement, OT 91-2; TT Map order to allow more time for review, of the Development Agreements 51253 & CUP 92-12; OT 92-9; SP Master and negotiation between the City and the applicants, and to further being Plan; & EIR 92-1 examine the final staff recommendations be given to a prepared, and that consideration special meeting on April 19, 1993. Following discussion, the Planning Commission concurred to continue the item to the regular Planning Commission meeting of April 26, 1993 at April 12, 1993 Page 3 well as provide an opportunity for the tenants to secure their original permits. CDD/DeStefano indicated that the City can provide such a list as part of the review. already undertaken for this project. The applicant would have to pay a processing fee if any additional work needed. Hearing no further testimony, the Public Hearing was declared closed. C/Grothe, referring to items (f) , (g) , and (h) on page 3, pointed out that there has not been sufficient evidence that indicates that there are special circumstances explicable to this property that would warrant a variance. If the Sign Ordinance is wrong, then it should be appropriately amended. Approving this project because these signs are better than the existing signs is not grounds for a variance VC/Meyer stated that even though he would support C/Grothe's suggestion to revisit the Sign Ordinance, the City has a responsibility to expeditiously review these applications. It would be a disservice to the applicant to revisit the Sign Ordinance at this late date in his application. He suggested that the Commission first deal with the applicant's request, then set up a proactive review of the Sign Ordinance. Motion was made by C/Grothe to deny Planned Sign Program No. 92-2 and Variance No. 92-3. The Motion died for lack of a second. C/Plunk expressed her concern that an undue hardship may be created for those businesses with non conforming signs because they may not be able to economically afford to change their sign at this time. PT/Lungu explained that staff will work with businesses to allow them time to change their signs CDD/DeStefano recommended that the word "monument", on page 4, condition 5(e), page 4 of the draft Resolution, and 5(g) of the Sign Plan approval, be replaced to "non -permitted". DCA/Fox, concerned with page 5, condition (i), inquired, of the applicant, if the variance is granted, would it be their intent to implement the April 12, 1993 Page 5 Medical Waste Spills - The representative of the Los Angeles County Health Hazardous Materials Unit indicated that medical waste was categorized as a hazardous material, however, they did not anticipate any problem unique to this facility. All carriers of medical waste must be licensed by appropriate agencies, and that the Diamond Bar Medical representatives would be per ittedthey weto assist in any cleanup as long re appropriately trained and certified. Analyzation of the Air Quality Impact compared to the SEAQMD - Calculations for the trip generation emissions indicate that the proposed medical complex would generate, in phase I, less emissions than the existing SEAQMD facility, and at buildout, they would be roughly comparable. Helicopter Usage - Hospital facilities identified in the EIR were contacted regarding helicopter usage, as indicated in the memorandum dated March 19, 1993. The three facilities with the most helipad usage was Pomona Valley Medical Center, with 14-15 landings per year at Brackett field in La Verne, and Whittier Presbyterian Hospital, with 14-15 landings per year at their own FAA approved helipad. The Foothill Presbyterian Hospital had possibly 60 landings recorded in one year, but that information will be checked. The Secondary Access - To determine how much benefit would be realized with the secondary access on Golden Springs Road, Marc Blodgett referred to the exhibits, provided in the staff report, which was taken out of the DEIR: The Trip Assignment Percentages - a gravity model that indicated that 10% of the trips will use Golden Springs east- bound; Phase 1 Project Trip Assignment - indicated that the 6 p.m. peak hour & the 6 peak hour trips will be able to avoid the Golden Springs/Grand Avenue intersection with the secondary access; Phase 2 Project Trip Assignment - indicated that 18 p.m. peak hour & 18 a.m. peak hour trips can avoid the Golden Springs/Grand Avenue intersection with the secondary access road; and Phase 3 Project Trip Assignment - indicated that 36 p.m. peak hour & 35 a.m. peak hour trips can avoid the Golden Springs/Grand Avenue intersection with the secondary access. It is felt that the secondary access would be warranted in the third phase. In response to VC/Meyer, Marc Blodgett explained that the same generation factors were used for the medical complex as was used for the SEAQMD April 12, 1993 Page 6 headquarters, therefore, if there is an error, it is erred on the high side- ICE/Wentz, in response to Chair/eF raaenrouriate for stated that the traffic generations app appropriate the methodology used, however, he would conclude that ultimately the secondary access would still prove beneficial. VC/Meyer expressed his concern that there appears to be a mixing and matching of the conditions, or that the CUP is being wrapped around the development review package. He then inquired what kind of assurances the City will provide to assure that the secondary access would be put in when it is determined that it is needed. AP/Searcy explained that the application is a conceptual approval for the land use and the future development of a three phase project ove the land use, period. Staff has sought to app and e, to mitigate the impacts of the land use, give it to condition the future development to g�a parameters by which the development review application, required for each phase, must apply with. The CUP conditions set the foundation, and the Development Review application bring that review into various specific areas that can be addressed. The CUP condition of approval will not constrain the Commission from addressing any part of this ensuing development process. DCA/Fox, in regards to the secondary access road, explained that condition #16 provides for future Commission development review prior to issuance of building permits. C/Grothe, in response to Chair/ Flamenbaum Is inquiry regarding the requirements for cable facilities, explained that off site improvements to the property are typically required so that future cable improvements can be accomplished without tearing up the streets. ICE/Wentz, in response to C/Plunk, stated that if an adjoining property's development affected the need for the secondary access road sooner than anticipated, then that development would be required to put in that access, and if another phase of this project came in, then it would. be required to participate in their proportionate share. April 12, 1993 Page 7 AP/Searcy reviewed the following revisions to the conditions: page 10, condition #36 has been amended to indicate that the developer shall contribute a predetermined prorata share toward the design and installation of traffic signal; and add a sentence to condition #37 to read, "Applicants prorata share may be decreased based upon future development at the discretion of the City Engineer". ICE/Wentz, in response to C/Grothe's concern, explained that the intent of the addfor nal an sentence to condition #37 is to provide opportunity to recalculate the applicant's prorata an share towards the cost of the signal in the event that another development comes in that will also use that intersection. This provides an opportunity for the medical facility to recoup some of their costs. C/Plunk suggested that the second sentence added to condition 137 be amended to indicate "recalculated", replacing the word "decrease". AP/Searcy continued with his review of the revisions made to the conditions: amend condition #41 to read, "When access is provided to Golden Springs Road, the applicant shall provide cash or bonds as a condition of approval of the development review application $120,000 dollars towards construction and installation of a traffic signal on Golden Springs Drive"; condition #43 has been amended to read, "The applicant shall contribute a predetermined prorata share towards the street overlay of Grand Ave. and Golden Springs in the amount of $25,000."; and amend condition #52 to read, "If any required public improvements have not been completed by the developer and accepted by the City prior to final approval, the developer shall enter into improvement agreement with the City and shall post the appropriate security in an amount specified by the City Engineer.". In response to VC/Meyer, AP/Searcy stated that staff will add the verbiage to adequately spell out that it is referring to Phase I only. ICE/Wentz recommended that a sentence also be added to condition #41, similar to condition 137, allowing a provision for a reduction in their participation, or a recalculation, shall other developments come in at that location so that they would also participate in that signal. April 12, 1993 page 8 Chair/Flamenbaum recessed the meeting at 8:35 p.m. The meeting was reconvened at 8:55 p.m. Chair/Flamenbaum declared the Public Hearing opened. Nancy Jankowski, a resident of the Montefino Townhomes, expressed her concern with the increase in traffic on Grand Ave. resulting from this medical plaza. Barbara Beach Cushane, residing at 2021 peaceful Hills, also expressed her concern with the increase in traffic in an area that already has intolerable traffic conditions. Max Maxwell suggested that the traffic issue first be solved on Grand Avenue before this project moves forward. Richard Jankowski indicated that he feels that the location is inappropriate for such a development. Norman Beach Cushane, residing at 2021 Peaceful Hills, concurred that the traffic problem should first be mitigated before proceeding with further development. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. Deborah Nicholas, from Inter Community Health Services, in response to vC/Meyer, stated that they understand, and are in concurrence with, all the conditions of approval, including the modifications presented by staff. She indicated that they would not object to adding a condition of approval that hospital personnel shall be properly trained in order to participate in the cleanup of hazardous waste. C/Grothe requested that item #16 be amended to specify that the applicant must, prior to each phase, obtain development review prior to the issuance of a building permit. CDD/DeStefano suggested that condition #16 be split such that condition #16 would read "All other phase I project characteristics shall be as represented on the conceptual plan presented before the Planning Commission and marked as exhibit "B", ,round new condition #77 would read, The PP licantapply for and obtain Development Review approval April 12, 1993 Page 9 from the Planning Commission prior to issuance of building permits for any development phase." C/Grothe, referring to condition #20c, expressed his objection to compact parking stalls. CDD/DeStefano stated that it is staff's recommendation that compact parking stalls be incorporated when dealing with land uses that have generally all day parkers, such as in this application. DCA/Fox suggested that, if it is the intent of the Commission to revisit this item, and to not set a maximum at this time, then condition 120c should be modified or deleted. VC/Meyer suggested that condition #20c be modified to indicate that compact parking stalls 81x16' may be provided at a maximum not to exceed 30% of the total with 70% standard 91x19' spaces, and adding that the City reserves the right to review the number of compact spaces at time of development. The Commission concurred. Chair/Flamenbaum requested that there be a provision requiring the applicant to maintain and reconstruct those hillsides on their property. Deborah Nicholas indicated that it is their intent to continue monitoring the hillside as needed. ICE/Wentz, in response to Chair/Flamenbaum's concern regarding enforcement of condition 140, stated that the wording, as presented, does give the City the option, at the time phase I is reviewed by the Planning Commission, to put some conditions on any improvement that takes place to assure that the City's interests are met. Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to recommend adoption of the Resolution, as amended by staff and the Commission. ROLL CALL: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Li, Plunk, Grothe, V C/ M e y e r, a n d Chair/Flamenbaum. None. None. None. April 12, 1993 Page 10 Chair/Flamenbaum recessed the meeting at 9:35 p.m. The meeting was reconvened at 9:45 p.m. CUP 93-2 AP/Searcy presented the staff report regarding the for Calvary Chapel request by Calvary Chapel/Hidden Manna, approval to establish a church sanctuary in an existing two floor office building located at 22324 Golden Springs Drive. Additionally, the applicant is requesting the following appurtenant uses: a recording studio, day care facility, and assembly rooms. The occupancy is proposed for a maximum of 1,800. Parking provided for the project site totals 700. The site is served by three (3) points of ingress and egress to Golden Springs and one to Grand Avenue. In a traffic epoacts rto prepared of or and these reviewed by the City, p points of access was identified as a concern and mitigation measures were identified to reduce these impacts. The applicant is additionally proposing a 31x 8' freestanding sign. The 6' freestanding sign is in compliance with the sign code and displays the "Future Home" of Calvary Chapel. The subject site is located in Zone C -M. It is recommended that the Commission adopt the draft Resolution of Approval with findings and facts and conditions of approval. AP/Searcy then reviewed the conditions of approval that have been amended: condition #14 now reads, "The applicant shall contribute a predetermined prorata share of $10,000 dollars for and the installation of a traffic signal approach entrance improvements at the Medical Plaza's entrance designated as entrance #1."; condition #16 now reads, "The applicant shall provide access to Golden Springs Drive, shall enter into a reciprocal access agreement with adjacent land owners as .necessary, and shall participate in the construction and access road per City standards to Golden Springs Drive via the property by t he property owner which is the subject of CUP 91-1 at such time the property owner is required to provide such access."; and amend the dates from March 12, 1993 to April 12, 1993 as indicated on page 7. ICE/Wentz, in response to C/Grothe, stated that item #20 can be amended to indicate that a sign will be installed prohibiting left turns during the peak hours of Monday - Friday. VC/Meyer suggested that the applicant also be required to provide a 25 foot wide dedication so as to be consistent with the 25 foot t along de cation requested from the adjacent property Grand Avenue. He then inquired why a focused environmental impact report was not required for April 12, 1993 Page 11 this project since it has similar traffic generating capacities as the project previously before the Commission. AP/Searcy explained that because that this project will peak, t traffic will not be significa facility to be provided are rel services, and are not proposed The condition will be amended to applicant will not be providing care. Chair/Flamenbaum declared the opened. of the time frame he impact on the nt. The nursery ated to the church on a daily basis. indicate that the a full service day Public Hearing Tom Matlock, of Matlock Associates 4405 E. Airport Ste. 106, Ontario, the architect for the church project, stated that they are in concurrence with the conditions presented. He inquired if the $10,000 prorata fee, as indicated in condition #14, would be paid when they receive beneficial use of that intersection. At this point in the development of our plans, we have no access to that intersection. ICE/Wentz explained that it is normally required that the applicant pay for the cost of improvements at the time those improvements are made. Since these are already in, the applicant would be asked to provide a reimbursement for their proportionate share at the time that the use is anticipated. Staff would have to review the agreement with Diamond Bar Associates as far as reimbursement to determine if there is any time commitments or time restrictions in that agreement before determining -hon the fee should be paid. Tom Matlock, in response to VC/Met'er's inquiries, stated that, at this time, it is not their intent to provide a preschool/day care operation. In regards to the proposed combination access out to Grand Ave. and Golden Springs, it was felt that it would be too difficult to address the issue at this time because of the topography of the two sites and because it has not yet been determined, at this date, what the physical site will actually look like. He indicated that he has not yet contacted the medical facility to discuss the location of a proposed access road. VC/Meyer, surprised to hear that the architect has not been aware of the discussion regarding that a proposed combination access, suggested April 12, 1993 page 12 architect, and the hospital architect, do some preliminary site analysis to determine if the road would be feasible. C/Grothe suggested that the applicant reconsider using plywood and paint for the temp ram y is gnnin case the permanent signage p g implemented on time. Tom Matlock, in response to C/Plunk's inquiry, stated that any remodeling done will be inside of the building as tenant improvement, and there will be no additional grading to the property. CDD/Destefano, in response to C/flunk's inquiry, explained that because the projects peak use hours are at the non peak traffic hours, staff felt that it did not warrant the requirements for an Eich Staff felt that a negative declaration, conditions, was sufficient to deal with the traffic impacts generated by this project. Staff also felt that this project was not exceeding any thresholds on air quality. Bernie Grant, representing Calvary Chapel, made the following comments: they will pay the City the $10,000 fee when asked; they have met with the hospital personnel regarding the access road and various access points were considered; maximum use will be on Sundays; there is a women's group, of 200, meeting on Tuesday morning; a bible study is held Wednesday night; 1,800 people will be an average size service; and they plan on holding 3 services on Sundays. Rick Sehagen, a resident, in support of the project, confirmed that the traffic activity is mostly off hours. Freddie Lavano, residing at 23659 Golden Springs, in support of the project, stated that the church is not a 24 hour operation like the medical facility. Traffic is not a real issue because the activity is off hours. Joe Vallierno, a resident, pointed out that the church has been abiding by every wish of the City for the last two years. The church has held events on that site in which no problems occurred a a result. The hours of services are during P traffic hours. Steve Martinez, a resident, stated that Diamond Bar has provided for his physical needs and he would April 12, 1993 Page 13 like for the City to provide for his spiritual needs as well. Raphael Carrera, residing at 745 Panhandle, in support of the project, stated that the church has a lot to contribute to Diamond Bar. Bill Tinsmen, residing at 1014 Capen, stated that he does not feel there is a need for an EIR because it is not the same type of traffic situation as a medical center or a commercial development. He commercial would prefer a church over a development. Richard Sieves, residing at 354 Prospectors, 4Prospectors, expressed his support for the prof Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. C/Plunk indicated that, because there is changeSof the use, she would prefer a traffic study. then expressed her concern regarding the mechanism by which the overflow parking would be implemented. AP/Searcy, in response to Chair Flamenbaum, stated that a traffic analysis was prepared in October of 1992 for a temporary use permit project for a 2,000 occupancy tent that was located i the area area,now designated as the future overflow parking C/Grothe suggested that staff address all concerns now because there is no on going generation of revenue from this piece of property to pay for services in the City. C/Li stated that, since completed in October of scenario of 2,000 people, not warranted. a traffic analysis was 1992, at a worse case another traffic study is vC/Meyer expressed his concern that the corner of Grand Ave. is being incrementally developed in an area that has the potential for creating a disastrous gridlock situation. Many churches look at business opportunities because they need to generate revenue to maintain and expand their facilities. The City needs to protect resources already pretty well maximized. C/Plunk suggested that the item be continued to the next meeting to allow further time to review the April 12, 1993 Page 14 traffic study, and for staff to address the overflow parking situation. C/Grothe stated that, since this project is only an interior improvement, and not the development of any new portion of that site, he does not feel that a specific plan for the entire site is necessary at this time. Chair/Flamenbaum inquired what safeguards are in place to assure that the applicant will not maximize the use of the church facility if the CUP is approved as amended by staff. AP/Searcy stated that the site plan, which will be indicated in condition #3 to be also the floor plan, will be expanded to provide the provisional schedule of activities. It was staff's intent to have the applicant specifically call out the hours of operation by use on this application tomake t evident on the floor plan and site plan app by the Commission, and to lock them into those hours. CDD/DeStefano stated that the analysis and the ultimate decision, in terms of an approval, is based upon the application before the City. The issue of increasing the use beyond what has been applied for is a code enforcement issue. Condition #3 could be utilized by expanding the language to include the usage of the facility, the hours of operation, the schedule of activities, and so forth. AP/Searcy, in response to C/flunk's concern regarding overflow parking, stated that an amendment could be included that would reflect the reevaluation of the use of sheriffs deputies for traffic control, to be utilized based upon the review and the evaluation of the City Engineer. Motion was made by C/Grothe and seconded by C/Plunk to direct staff to draft the Resolution of Approval with the modifications discussed this evening, to be placed on the Consent Calendar for the next Commission meeting. vC/Meyer pointed out that the secondary access road to the medical facility will be nonfunctional without the participation of this property. Discussion has been on the function of the facility and the proposed use, but there has been no review of the site to determine if the reciprocal access road to Golden Springs is economically and April 12, 1993 Page is physically feasible. The issues of public interest are not being adequately addressed. ICE/Wentz stated that the conditions have indicated that both the medical facility and the church are responsible to construct the access road at the time that the City deems it to be appropriate. The language in the condition is such that it does not make the construction mandatory if for some reason it is not engineering wise feasible to construct the access road. Chair/Flamenbaum suggested that the matter be continued for two weeks, requesting the applicant to discuss the road location with the medical facility architect. CDD/DeStefano stated that the concept of an access road from the medical facility site to Golden Springs, and the need for- a master plan with both land use as well as circulation patterns, is not a new discussion. The problem at hand is a timing problem because it is not known what will occur at the subject corner. DCA/Fox, in response to C/Plunk, stated that it is felt that the appropriate safeguards were included to insure the obligation on the part of the church to construct a road. The Commission could require the applicant to enter into a reciprocal access agreement "prior to commencement of the use, rather than "as necessary", to assure that the property owners are in agreement. However, the problem of where the actually building footprint would be, would still exist. A substitute Motion was made by VC/Meyer and seconded by Chair Flamenbaum to request that preliminary feasibility studies be presented to the Planning Commission prior to voting on a CUP. Tom Matlock, in response to VC/Meyer, indicated that such a study would be virtually impossible because at this time it is not known what is to be developed on this site. He requested that this issue be set aside from this CUP and be put into a future development agreement. C/Li suggested that the applicant present four or five alternatives that could possibly occur on the site so that the Commission can get a better picture. April 12, 1993 Page 16 VC/Meyer stated that even though the application is for an interior improvement, there is a change of use. This is an opportunity to inexpensively look at the options available for an intersection that is presently unsatisfactory. The commission voted upon VC/Meyer's substitute motion, as seconded by Chair/Flamenbaum, to request that preliminary feasibility studies be presented to the Planning Commission prior to voting on a CUP. AYES: COMMISSIONERS: V C/ M e y e r a n d Chair/Flamenbaum. NOES: COMMISSIONERS: Grothe and Plunk. ABSTAIN: COMMISSIONERS: Li. ABSENT: COMMISSIONERS: None. The Substitute Motion FAILED. The Commission voted upon C/Grothe's Motion, as seconded by C/Plunk, to direct staff to draft the Resolution of Approval with the modifications discussed this evening, to be placed on the Consent Calendar for the next Commission meeting. ROLL CALL: AYES: COMMISSIONERS: Grothe, Plunk, Li, V C/ M e y e r, a n d Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. The Motion CARRIED UNANIMOUSLY. Variance 93-1 CDD/DeStefano reported that Variance No. 93-1 and Oak Tree Permit Oak Tree Permit No. 93-1 is for four specific 93-1 properties located in "The Country". The project is before the Commission as a result of code enforcement activities specifically at the property identified as owned by Jake Williams at 22840 Ridgeline Road. It is staff's recommendation that the project be continued to April 26, 1993. The Commission concurred to continue the item to the meeting of May 10, 1993 and to reserve the meeting of April 26, 1993 for discussion of the South Pointe Master Plan. Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to continue the matter to the meeting of May 10, 1993. April 12, 1993 Page 17 INFORMATIONAL CDD/DeStefano reported that, in the process to ITEMS: revise the General Plan, the City will hold Community Workshops April 21 & 24, 1993 for the purpose of introducing the General Plan revision process, and April 28'& May 1, 1993 for discussion of policy options. The City Council public hearing process is scheduled for May 12, 19, & 26, 1993. The City Council has indicated that they will be inviting the Planning Commission to participate in those public hearings revising the General Plan. The firms of Cotton/Beland Associates, and MIG have been retained to assist the City with this process. CDD/DeStefano then reported that staff has received an appeal from the applicant of the Carls Jr. project in regards to some of the conditions that require off site parking. The appeal should be before the City Council about the middle of May of 1993. CDD/DeStefano also reported that the City Council approved the Crowley project, utilizing a site plan alternative previously rejected by the Planning Commission. COMMISSION vC/Meyer, referring to page 5 of the draft COMMENTS: Ordinance attempting to control graffiti, pointed out that the approach used could make a victim onths graffiti guilty of the crime punishable by in jail or a $500.000 fine. ADJOURNMENT: Motion was made by C/Plunk, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 11:50 p.m. to April 26, 1993 at 6:00 p.m. Respectively, /s/ James DeSte ano James DeStefano Secretary Attest: /s/ Bruce Flamenbaum Bruce Flamenbaum Chairman CARL WARREN & CO. Insurance Adjusters Claims Admtrttstntors P.O. Box 25180 Santa Ana, CA 92799.5180 (714) 740-7999 FAX: (714) 740-7992 Date:—;,ay 4�g93 TO: City of Diamond Bar Attention: T. Nice Re: Claim: Rowland vs Diamond Bar Claimant: Lavinia Rowland D/Event: 4-20-93 Recd Y/Office: 4-26-93 Our File: S 74984 AB We have reviewed the above captioned claim and request that you take the action indicated below: )K'-�'CLAIM REJECTION: Send a standard rejection letter to the claimant. Q CLAIM INSUFFICIENCY: In accordance with the telephone conversation of - , 19 a notice of insufficiency must be mailed to the claimant no later than , 19•THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and or 910.2 and/or 910.4. AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT\OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. F--1 APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. D TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very truly yours, CARL ARREN COMPANY us '.AIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than 46 rnoy. after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar Name of Claimant L 4 V1411 Q0 0 /_ ANjP Home Address of Claimant City and State 3` Jy_J' /i )C YL4AID C J GS Business Address of Claimant City and State Give address to which you desire notices or communications to be sent regarding this claim: --5_4A?X - A -T ABO v4 CLAIM No. Age of Claimant (if natural person) F7 Home Telephone Number 909- 940-5-9405- Business Telephone Number How did DAMAGE or.Wdi'%? occur? Give full particulars. LLo oVLQ44J eo-Q A_ aAIKX ✓9o".A' A . LLD AAA,N;�- jka �L4��4�Ltil.+q/tr .tA!%� 64 4 , Li. /,+ CQJZ,� C,Q/L �►dC �d� tl,yt� Ll1dl.d .� �. ?� �i.e.A `� When did DAMAGE or INJURY occur? Give full particulars, date, time of day: TFS �PR/L �D, l 9 q3 G.bo Wr /4 19*9 Where did DAMAGE oeY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: (z Co/41.r v oS,pe►ags OjZ, 9_—rt✓E�-ti I'J/ccow 6i xj;k �"P 5y1_Vh# CLe* d kivsNq oSo✓TN �Ct1A.Ro Fitly Go 0A/D,r0qP19SS) What particular ACT or OMISSION do you c a' caused t e y damage? Give names of Ci employees ca damage if known: ,� -,IVLYZ- ►'u W� �7�,�urR,o J �-> Ifald-1— ld�h AGE do you claim resulted? Giv full extent of 'injuries or d ges clainfefl Ce�,,E' r � � j�iyy I�a.�►'L ""i"' J ��I.k..-c�.2 � ;c.�c� I the j'�y�y,,iijur AA .`Q[ir��L.GLty J What AMOUNT do you claim on ac nt of each item of iadyxpW damage as of date of presentation of this claim, giving basis or computation: �a*y � 9 Give ESTIMATED AMOUNIF as far as known you claird on account of each item of prospe#be ' damage, t1ving basis of computation: &L Qk-o-ttL SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, —a names of Insurance Company: Expenditures made on account of accident or injury: (Date It ✓SGL ( Name and address of Witnesses, Doctors and Hospitals: --/", 4L- L lF THtS y�AKGc'0A) 1c'os % !?—r ©ut.�[oak�n µ � � l7Sf- Lt /A/A O os i �B,✓ 1 o A � 6,9 A -b7 124C!),?5 READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by 'B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS -4 Ali 1 7'p 7111 S r FOR OTHER ACCIDENTS K CURB Signature of Claimant or person filing on his behalf giving Typed Name: Date relationship Claimant: Fou,,.4AI A9 CIAD1S MUST BE FILED WITH CITY CLERK (GOV. CODE SEC. 915a). Walnut Valley 1100 South Nogales 0 1 pm 4-20-93 SHIFT# 1 TERMINAL# i CAR# 47 ce i pt 702 ----------------- Car Wash 6.95 TOTAL: 6.95 Cash 10.00 CHANGE: 3.05 -------------------- AT WALNUT VALLEY ENJOY FULL SERVICE AT SELF SERVICE PRICE. BLUE CORAL HAND WAX 30 MINUTES ONLY $24.95 ���CARL WARREN & CO. Insurance Adiusters Claims Administrators P.O. Box 25180 Santa Ana, CA 92799-5180 (714) 740-7999 FAX. (714) 740-7992 Date: TO: City of Diamond Bar Attention: T. Nice May 6, 1993 Re: Claim: Ly vs Diamond Bar Claimant: Trung Ly D/Event: 11-29-92 Rec'd Y/Office: 4-28-93 Our File: S 74992 SWQ We have reviewed the above captioned claim and request that you take the action indicated below: ` CLAIM REJECTION: Send a standard rejection letter to the claimant. [� CLAIM INSUFFICIENCY: In accordance with the telephone conversation of , 19 , a notice of insufficiency must be mailed to the claimant no later than , 19.THIS MUST BE MAILED TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF THE ORIGINAL CLAIM IN YOUR OFFICE. DO NOT SUBMIT A "REJECTION" LETTER. See Government Code Sections 910 and/or 910.2 and or 910.4. LD AMENDED/SUPPLEMENTAL CLAIM: Send a standard rejection letter to the claimant, refecting this additional/amended claim. Ij LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (Retain copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS OF RECEIPT OF THE CLAIM IN YOUR OFFICE. DO NOT SEND A "REJECTION" LETTER. See Government Code Section 911.4. APPLICATION REJECTION: Reject claimant's "Application for Leave to Present a Late Claim". See Government Code Section 911.8. C3 TAKE NO ACTION: Defer any written response to the claimant pending our further advice. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. very truly yours, CARL ARREN & COMPANY YYY ✓/ ( j us log% ii+rz T r NSA' e�'- 24 (, Gr CA 1&4e. -q- 3 .ow did DAMAGE or INJURY occur? Give full particulars. W� , L.Y w Pr s 1 C Y C L_ i!�/- &j J Z 7 fJ S V{Z t NGS/ W, Tt} 1 J` ova i N T6--- KSc c OF ek-az DCN W�Z N l A"J Iv T I,u j+ L_ L) s t f:�� 6a CAruGi- -1' M 7/3 4 L -L JP77 nen did DAMAGE or INJURY occur? Give full particulars, date, time of day: here did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give -eet names and addresses and measurements from landmarks: �L,6ASE7 PIA a,2# hat particular ACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury or mage. if known: '� t}� STA -rrD CDN (T� O N d F S 141 p DRfk 1 N r4 � CTIA t LL 1 !U TfFE .131 KE SNC; Oft F/g 6rvLPSN SPP'IN6r wA-S 17eFFEc"ri►'� /}ND DRN�rEROUS �'i�-RT-//"J f4 SUPST/�AlTI.41_ f4SK 01= (NJ1.lR�. TW1✓ GtTY OF DtAMolYD DA�P, KNek/ OR SR -V -MLD t+A-VE "01,"# oF' 5'T -^T6 -,V C ONDITtOIV ArN10 Q 7o TOKa C:oKFZr--C-r'1V15 oR Pf-OTEG-rI✓G lM SuQ�S !at DAM kGE cr INJURIES do you claim resulted? Give full extent of injuries or damages claimed: NR, LY "5 P 1 N iE Y vwA5 f'� w,�oFry i L Y A -KA , N `I iii To k�15 tat AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of nputation: Al k 1PI LL +::&g T4 -C 51 K15 j Su�R�ie Y � Meq>( CAI- / AM p I fJi5- ) L i T4 TI O N ; To TA -L- AVk� t4 -N T 7-o Dtc 3r-�-vu AAi p0 -5-b LUPO u I &-r 1 S47' L S 1 e ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of nputation: F'L,9v'4s-o S'C ANSLt� To PR -E Vi 07,4 S &k4t=6 T / E PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE Insurance payments received, if any, and names of Insurance Company: Expenditures made on account of accident or injury: (Date—Item) (Aniount 9-.K,6 F.U-P/" P_ ! _70 DM- Ct1wt b 33,' vV4K&/&w& AW .A) T -✓'RG W qac I, - 5Pv�RT_ yet �P %/ __ 4A) U ke tfft _t TA -?i ,--N) Name and address of Witnesses, Doctors and Hospitals: Tc ;�� �R-o-VrP€o-p f�Y A-T7-c£A'4� `" READ CAREFULLY For all accident claims place on following diagrain names of streets, including North, East, South, and West; indicate place e' accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by "B" location of yoursel' or your vehicle when you first saw City vehicle; location .J City vehicle at time of accident by "A-1" and location of yourself Cr yc„- vehicle at the time o1 the accident by "B-1” and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS 7A\ FOR OTHER ACCIDENTS a SI SIDEWALK Signature of Claimant or person filing on his behalf giving I Typed Name: relationship to Claimant: TRUNG Q. LY CLAL`4S 1"1C1537 BF FILED WITH CITY CLERK (GOV. CODE SEC. 915x) . Date 4/26/93 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: March 12, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Grading Bond Exoneration for Condominium Complex on Tract No. 51079 (800 S. Grand Avenue) SUMMARY: The City of Diamond Bar desires to exonerate the bond posted for grading located on Tract No. 51079 (800 S. Grand Avenue). RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Certificate of Deposit posted for grading at 800 S.Grand Avenue. Further, it is recommended that the City Clerk notify the American International Bank and Seven Diamond Brothers Diversified Inc. 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: Bond Form and Final Grading Certificate EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: 13VA i:hdl Z1 la ell - Terrence L. Blynger George A. entz City Manager i�'L Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Exoneration of Bond for Grading on Tract No.51079 (800 S.Grand Avenue). ISSUE STATEMENT This report requests the exoneration of a faithful performance, labor and material bond posted for grading done on Tract No. 51079 by Diamond Brothers. RECOMMENDATION It is recommended that the City Council approve the exoneration of the Certificate of Deposit posted for grading at 800 South Grand Avenue. Further, it is recommended that the City Clerk notify the American International Bank and Seven Diamond Brothers Diversified Inc. of the City Council's action. FINANCIAL SUMMARY This action has no impact on the City's 1992-1993 budget. BACKGROUND All of the grading work for the construction of the condominium complex at 800 S.Grand Avenue has now been completed. The Department of Public Works Inspector has approved and released the project. Therefore, the surety bond posted for the grading may now be released. DISCUSSION The following listed certificate of deposit needs to be released: Tract No.: 51079 C.O.D. Number: 404396 Principal: Seven Diamond Brothers Diversified Inc. Surety: American International Bank Amount: 7 000(Original Grading Bond Amount $16,882) Prepared By: Anne Garvey CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR & MATERIAL) ACKNOWLEDGEMENT AND CONSENT OF FINANCIAL INSTITUTION AMERICAN INTER*TamTONAL BANK iereinafter "Financial Institution") hereby acknowledges -1at cFVFN DIAMOND BROTHERS DIVEF2.SIM=einafter "Depositor") has deposited ith Financial Institution the sum of $ ***7.000.00***. Financial Institution acknowledges and agrees that the foregoing eposit stands in the name of the City of Diamond Bar, a California unicipal corporation (hereinafter the "City"), and that the City is the wner of such account. No funds shall be withdrawn from said account .;ithout the express, written consent of the City; provided, however, ,--hat any interest earned on the deposit shall belong to the Depositor. Financial Institution further acknowledges and agrees that upon written instructions from the City, Financial Institution shall immediately pay to the City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution further acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial. Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of , 19 FINANCIAL INSTITUTION: By: AMERICAN INTERNATIONAL BANK CITY OF DIAMOND- BAR _ 21660 E. COPLEY DRIVE, SUITE 100 DIAMOND BAR, CA 91765 j 714 -860 -CITY 714.860-2489 SUPERVISED GRADING INSPECTION CERTIFICATE s JOB ADDRESS/TRACT NO. 800 S. aaleAVAP '4vE. PERMIT NO. , OWNER 91A< /W0/S/O A5,eO7 -,-/,5 CONTRACTOR SOILS ENGINEER'S ROUGH GRADING CERTIFICATION I certify that the earth fills placed on the following lots were installed upon compet and properly prepared base material and compacted in compliance with requirements Building Code Section 7010. I further certify that where the report or reports of engineering geologist, relative to this site, have recommended the installation of buttr fills or other similar stabilization measures, such earthwork construction has b completed in accordance with the approved design. LOT NOS See report dated for compaction test data, recommended allowable s• bearing values and other recommendations. EXPANSIVE SOILS (YES) (NO) LOT NOS. BUTTRESS FILLS (YES) (NO) LOT NOS. REMARKS Engineer Reg.No signature SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION Date I certify to the satisfactory completion of rough grading -including: grading to aparoxim� final elevations, property lines located and staked; cut and fill slopes correctly gra( and located in accordance with the approved design; swales and terraces graded ready paving, berms installed; and required drainage slopes provided on the building pads. further certify that where report or reports of an engineering geologist and/or so. engineer have been prepared relative to this site, the recommhtions contained in st reports have been followed in the presecution of thr- work..���•eQ�FESS/n.�''�..n LOT NOS. ZU-_ C REMARKS Engineer /j -I(, -9z Reg. No. ENGINEER'S FI CERTIFI 12764 : r ftie .CIVIL• �r •.......• '� OF CA1.�FaQ�,`�� I certify to the satisfactory completion of grading in accQQ,� ''��; '17ith the approved plans All required drainage devices have been installed; slope pi'd `lSt AgskWMished.and irriga- tion systems provided (where required); and adequate provisions have been made for draina of surface waters from each building site. The recommendations of the soils engineer and or engineering geologist (if such persons were employed) have been incorporated in the wo LOT NOS. REMARKS Engineer eq. No. e (?,& /2%4 Date /0 - f9-.92 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: March 23, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Transfer of sanitary sewer Private Sewer P.C. No. DB -91-47722 located in Diamond Knoll Lane, Country Estates, Diamond Bar to Los Angeles County Consolidated Sewer Maintenance Division. SUMMARY: P.C. No. DB -91-47722 was constructed in 1992 as part of the improvements in Tract 47722. Subsequently, the sewer was inspected and approved by the City of Diamond Bar Department of Public works based upon the satisfactory completion of the improvements per approved plans. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 93 -XX requesting the Los Angeles County Consolidated Sewer Maintenance Division to accept the transfer and conveyance of P.C. No. DB -91-47722 for future operation, maintenance, repair and improvement. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) X Other: Plot Plan and L.A. Co. Acceptance Letter EXTERNAL DISTRIBUTION: 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? _ 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: REVIEWED BY: Terrence L. BtIngerGeorge A. Wentz City Manager f°' Interim City Engineer CITY COUNCIL REPORT MEETING DATE: May 18, 1993 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Transfer of Sanitary Sewer P.C. No. DB -91-47722, located on Diamond Knoll, Country Estates, Diamond Bar to Los Angeles County Consolidated Sewer Maintenance Division. ISSUE STATEMENT: This report contemplates a transfer and conveyance of sewer improvements constructed in the City of Diamond Bar to the Los Angeles County Consolidated Sewer Maintenance Division. The Division issued the City an acceptance letter for the subject sewer on February 23, 1993. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 93 -XX requesting the Los Angeles County Consolidated Sewer Maintenance Division to accept the transfer and conveyance of Private Contract Sewer No. DB -91-47722 for future operations, maintenance, repair and improvement. FINANCIAL SUMMARY: The process of transferring this sewer has no financial impact on the City's 1992-93 Fiscal Year budget. BACKGROUND: Sanitary Sewer P.C. No. DB -91-47722 was constructed in 1992 as part of the improvements in Tract 47722. Subsequently, the sewer was inspected and approved by the City of Diamond Bar Department of Public Works based upon the satisfactory completion of the improvements per approved plans. DISCUSSION: The sewer construction on Diamond Knoll Lane, in Tract 47722, was completed in 1992. The sewer was designed and constructed to serve thirteen lots which constitute Tract 47722. The work is in accordance with the plans and specifications approved by the City of Diamond Bar. Staff has completed the transfer Resolution. A copy of this Resolution and a map of the project area is attached for your review. Also attached is a copy of the acceptance letter from the Consolidated Sewer Maintenance District of Los Angeles County for maintenance of the subject sewer. PREPARED BY: Anne M.Garvev BJA. 2IOD Egyl "1"72.3C44 12[2 ?,,. M. TAC= I KA COWC RETE HEAPWOL NEAR INTE95EC71ON OF 121AMON10 fte< MULEVAIZO .e�- PATUI=IWPtF- ROAD 224' MORTN ERLY *coo, EA5TEI2LY OF C INTER cnc QUAD. 19 gX15T. S', V.GI� SEwem- i lz- {?G • 92G?, P�-aE 3 OF 7�AoT NO. 2�9G co, orE -y .. 5PR/NGS CW- ��- PKIVATS VRIV EWAY 1NVEX MAr PC:D 3- 91"4'7'722; rW-. MO. 4'n22. CITY Op= V"OWn SAW- d5CALE I I" = GOO' NOTE, Mvmf�ER� IN Cll INVIGATE .PAGE NUMOIR W Y M CC JNTY OF LOS ANGEL S DE AgTMENT OF PUBLIC WOI 3 x 900 SOUTH FREMONT AVENUE ,�► �► ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100" ADDRESS ALL CORRESPONDENCE TO: THOMAS A.TIDEMANSON.Director .,I P.O.BOX 1460 1) Gj ALHAMBRA, CALIFORNIA 91802-1460 i IN REPLY PLEASE REFEP TO FILE: W-9 February 23, 1993 Mr. George A. Went Interim City Engir ar City of Diamond BE 21660 East Copley rive, Suite 100 _ Diamond Bar, Calif:rnia 91763-4177 Dear Mr. Wentz: - ACCEPTANCE OF SANITARY SEWERS TRACT NO. 47722 (F' -C. NO. DB -91-47722) -� CITY OF DIAMOND BAR �- This letter is to confirm that the subject sanitary sewer has been accepted for maintenance by the Consolidated Sewer Maintenance District of this i)(:apartment. If you have any cuestions, please contact Mr. Norman Cortez at (818) 458-7188. Very truly yours, T. A. TIDEMANSON Director of Public Works 64-1 DEAN E STATHIOU Assistant Deputy Director Waterworks and Sewer Maintenance Division NC:pf W-9\SM5469 cc: Mr. Frank Piermarini RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEVER MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF SEWER IMPROVEMENTS ]KNOWN AS PRIVATE CONTRACT NO. DB -91-47722 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. A. Recitals (i) Tract Map No. 47722 required the installation of sewers as approved by the City of Diamond Bar; (ii) These sewers have been installed and accepted and have been dedicated to, or the City has otherwise ac- quired, the sewer improvements known as PRIVATE CONTRACT NO. DB -91-47722 as described in Exhibit A; (iii) The City is authorized and empowered to trans- fer and convey to the Los Angeles County Sewer Maintenance District any sewer improvements for future operations, maintenance, repair and improvements; and (iv) The City and the Los Angeles County Sewer Maintenance District entered into an agreement, whereby the City made certain warranties about its future transfers and conveyances of Sewer facilities to the District; and (v) The best public interest will be served by transfer and conveyance of the sewer improvements shown in Exhibit A attached hereto from the City to the Los Angeles County Sewer Maintenance District for future operation, maintenance, repair and improvement. B. Resolution NOW, THEREFORE, BE IT RESOLVED that the City does hereby request the Los Angeles County Sewer Maintenance District to accept the transfer and conveyance of the sewer improvements shown in said Exhibit A. BE IT FURTHER RESOLVED that, subject to the accep tance Aprilthereof of the Board of Supervisors of the Los An- geles County Sewer Maintenance District, the City Engineer is directed and ordered to prepare all necessary instruments and documents, to effectuate said transfer and conveyance, and that the Mayor is authorized and instructed to execute said instruments and documents. Reference is hereby made to City Drawing No. P.C. No. DB -91-47722 Pages 1-4 the plans and profile of said sewer improvements on file in the office of the City Engineer and on file of the Chief Engineer of. said District for further data as to the exact location, extent, and description of said sewer improvements. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this eighteenth day of May, 1993. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on eighteenth day of May, 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar EXHIBIT "A" Private Contract DB -91-47722 A reinforced concrete pipe sewer system and appurtenant structures for Tract No. 47722 filed in Book 1186, pages 38 to 43; inclusive, of Maps, Records of the County of Los Angeles, generally described as follows: The sewer facilities within Diamond Knoll Tract 47722 commences at a point approximately 700 feet north of Derringer Lane on Diamond Knoll Lane to it's terminus point and within Lot 5 north to an existing manhole on Fire Hollow Drive for a total length of approximately 1,290 L.F. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.� TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: April 14, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Approval of Parcel Map No. 23629 located at 20418 Walnut Drive, Diamond Bar. SUMMARY: This approval for the subdivision of one parcel into ten parcels for the purpose of commercial condominiums has been submitted to the City of Diamond Bar for a final parcel map approval. RECOMMENDATION: It is recommended that the City Council (1) approve the attached Final Parcel Map No. 23629; (2) adopt Resolution No. 93- and (3) direct the City Clerk to certify and process the map and C.C.& R's for recordation. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution_ Bid Specification (on file in City Clerk's Office) Ordinances(s) X Other: Final Parcel Map EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? — Yes X No Which Commission.) 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Planning Department REVIEWED BY: q1 Jov-lx�� Tdrence L. Belang6 City Manager eorge A. Wentz "� Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrance L. Belanger, City Manager SUBJECT: Parcel Map No. 23629 ISSUE STATEMENT Cornerstone Partners Walnut, Ltd. is requesting approval of Parcel Map No. 23629 located an Yellowbrick Road. This application involves the subdivision of one parcel into ten parcels and a Lot A for the purpose of commercial condominiums with four of the ten parcels (Parcels 4,5,7 and 8) divided into units A and B. Lot A on the Parcel -will be created for the private street (Yellowbrick Road). Parking and landscape space will be common area. RECOMMENDATION It is recommended that the City Council: (1) approve the attached Final Parcel Map No. 23629; (2) adopt Resolution No. 93- and (3) direct the City Clerk to certify and process the map and C.C.& R. Is for recordation. FINANCIAL SUMMARY Approval of the map will not have any impact on the City's 1992-93 budget. BACKGROUND The proposed project site is Walnut Business Center and is located at 20418 Walnut Drive. The Center was originally constructed in 1976 and presently consists of one parcel developed with ten single story building. Within the site is vehicle parking and landscaped areas that are distributed among the buildings. The businesses within the buildings include sales, warehousing, light manufacturing, a paint company, and an environmental testing laboratory. on approval and recordation of the final map, the Applicant is planning to sell all parcels except 1, 2 and 3 which he intends to retain ownership of. No changes in the physical appearance of the center are anticipated. DISCUSSION Parcel Map No. 23629 was submitted in order to subdivide one parcel (a portion of Tract 25391 and Tract 5579) into ten parcels for the purpose of commercial condominiums and a lot for use as a private street. The Planning Commission of the City of Diamond Bar, on January 11, 1993, at a duly noticed public hearing on Tentative Parcel No. 23629, directed staff to prepare a revised Resolution of Approval and on January 25, 1993, the Commission adopted Resolution No. 93-1 recommending that the City Council approve Tentative Parcel Map No. 23629. On March 2, 1993, the City Council adopted Resolution No. 93-11 approving Tentative Parcel Map No. 23629 and Mitigated Negative Declaration No. 92-8 subject to some 25 conditions, of which all but those related to future tenant improvements have been addressed. RESOLUTION NO. 93- A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PARCEL MAP NO. 23629, FOR A SUBDIVISION OF ONE PARCEL (FOR THE PURPOSE OF COMMERCIAL CONDOMINIUMS), INTO TEN PARCELS, (WITH FOUR OF THE PARCELS DIVIDED INTO UNITS A AND B) AND LOT A WITHIN THE WALNUT BUSINESS CENTER, LOCATED AT 20418 WALNUT DRIVE. A. Recitals. (i) Cornerstone Partners Walnut, Ltd., 42 Corporate Park #210, Irvine, California 92714, (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Parcel Map No. 23629, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On January 11, 1993, the Planning Commission of the City of Diamond Bar conducted a duly noticed continued public meeting on said Application and, on January 25, 1993, the Planning Commission adopted Resolution No. 93-1 recommending that the City Council approve Tentative Parcel Map No. 23629. (iii) On March 2, 1993, the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Tentative Parcel Map and concluded said public hearing on that date. Council moved to adopt Resolution No. 93-11 approving Tentative Parcel No. 23629. (v) All legal prerequisites to the adoption of this Resolution have occurred. 1 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 facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Map to be in substantial conformance with the conditions for approval and this Council hereby specifically approves Final Parcel Map No. 23629. 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 and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 7. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and 2 b. Transmit a certified copy of this Resolution to Cornerstone Partners Walnut, Ltd., 42 Corporate Park #210, Irvine, California 92714. PASSED, ADOPTED AND APPROVED this 18th day of MY -1 1993. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 18th day of May , 1993 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: 3 Lynda Burgess, City Clerk City of Diamond Bar LLI uj S`a ce Zci 11 os 4oN00 S" O F D 4 N y W Z S F D W O 0 [ F Q wOW7.Ow Rw3 a F T W h 4 yW m=wSU •'!' WWI Fm Q. N EI- 4� V 4 `; O Ui N J T .W.Wx�<z�4 w >4 e. z4s ouW C oc WFW y 2aEx...MFH H4wm pjPy } ~p JF=O p WO � m 1-(Y (C o oz Z OF PHS myF WOO U i<2>•z tVD D Z"� •. fW/N �a<^ Fa= ry VmN r 1 [H° W Cx V m0Y3 W K X N F DV,VII�� 6 -� y p V Ha Woo+OW CWR WZP r N o� a�¢N °•W 2 D Z> Q o W H O O oC 3 F U E 4 w U V i'1 _ F K d = ¢ E - Y H E >. S�ZVH044m aZ w0 Y W O..r2i 1-U W¢N W ¢ C E. .w_p HW ZUN OS r -N6 WO wTo°�]� Vrl aW OC.wI J�. 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C4it zmn�e .e min o..on.o �.. . .. . rry N�-,oP roPo.. VmPP Mmm Om mP��m.oe rv.ouro ami w mr ry omrm ei • 4N,'1N Yf ,•.NN a �0 nm N N PN h Z \ h � � \0 h CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 5, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Approval of Lot Line Adjustment Between Lots No. 66 and 67 of Tract Map No. 33636 located at 1343 and 1344 Red Bluff Lane. SUMMARY: This Lot Line Adjustment is between Lots 66 and 67 of Tract Map No. 33636 at 1343 and 1344 Red Bluff Lane. The Lot Line Adjustment has now been submitted to the City of Diamond Bar for approval. RECOMMENDATION: It is recommended that the City Council (1) approve the attached Lot Line Adjustment; (2) authorize signature of related documents; and (3) direct the City Clerk to process the Lot Line Adjustment for recordation. LIST OF ATTACHMENTS: X Staff Report X Resolution Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: Certificate of Compliance _ Agreement: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: Planning Department 17 1VJ 1:k`dJ 0 bM 3'i7 Terrence L. Bel,Jr Geo ge A. en City ManagerInterim Ci gineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: George A. Wentz, Interim City Engineer SUBJECT: Lot Line Adjustment Between Lot No.s 66 and 67 of Tract Map 33636. ISSUE STATEMENT Approve the Lot Line Adjustment Between Lot No.s 66 and 67 of Tract Map 33636 located at 1343 and 1344 Red Bluff Lane in the City of Diamond Bar. RECOMMENDATION It is recommended that the City Council (1) approve the attached Lot Line Adjustment; (2) authorize signature of related documents; and (3) direct the City Clerk to certify and process the Lot Line Adjustment for recordation. FINANCIAL SUMMARY Approval of the Lot Line Adjustment will not have any impact on the City's Fiscal Year 1992-93 budget. BACKGROUND/DISCUSSION This Lot Line Adjustment was submitted in order to adjust the position of the lot line running east/west between Lot No.s 66 and 67 of Tract Map No. 33636. Since October, 1982, the owners of Lot 67 have occupied a triangular shape of land on the south side of their property at 1344 Red Bluff Lane. When the owners of Lot 66 had a property line survey done in December, 1992, it became apparent that this triangle of land was actually a legal part of Lot 66. Therefore, the owner of Lot 66 felt that it would be advisable to transfer this land to his neighbor and legally reconfigure the lot line between the two subject lots. Both owners have signed under Notary the Certificate of Compliance. Staff does not have any objection to the request. Community Development has also reviewed the request and has found that appropriate planning and zoning codes are met. Prepared by: Anne M.Garvey RESOLUTION NO. 93-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT NO. LL -93-003 TO ADJUST THE LOT LINE BETWEEN LOT NO.S 66 & 67 OF TRACT 33636 AT 1343 AND 1344 RED BLUFF LANE, . -lb- A. RECITALS. (i) Philip and Debra Duarte and James and Janelle Strunk have filed an application for a Lot Line Adjustment between Lots 66 and 67 of Tract 33636 for property located at 1343 and 1344 Red Bluff Lane, Walnut, California, as described in the title of this Resolution. ("the application" hereinafter). (ii) The City Council of the City of Diamond Bar, on May 18, 1993, approved the Lot Line Adjustment. (iii) 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. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the application, this Council finds the Lot Line Adjustment to be in substantial conformance with the applicable provisions of the Subdivision Map Act and of the City Subdivision Ordinance and this Council hereby specifically approves Lot Line Adjustment No. LL -93-003. 3. The City Clerk is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Philip and Debra Duarte, 1343 Red Bluff Lane, Walnut, California, 91789 and to James and Janelle Strunk, 1344 Red Bluff Lane, Walnut, California, 91789. ADOPTED AND APPROVED this 18th day of May, 1993. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of May, 1993 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST• City Clerk, City of Diamond Bar Recording Requested by and after recording, mail to: CITY OF DIAMOND BAR 21660 E.Copley Dr., Ste. 100 Diamond Bar, CA 91765 SPACE ABOVE FOR RECORDER'S USE CERTIFICATE OF COMPLIANCE I/WE, the undersigned owner(s) of record of the following described real properties within the City of Diamond Bar, County of Los Angeles, hereby request the City of Diamond Bar to determine if said real property complies with the provisions of the Subdivision Map Act (Section 66411 et seq., Government Code of the State of California), and the City of Diamond Bar Subdivision Ordinance. (See attached Plat, Exhibit "A" and Legal Description, Exhibit "B") ALL SIGNATURES MUST BE NOTARIZED BY: �fhLr�O 14 OU/f/e7Le-. NAME (Typed or Printed) BY • Y abrA. 'S 1c mte- IPbra S,DuGir+e- NAME (Typed or Printed) DATE: 2a 3 DATE: 2 -a - q13 J�4Hr� l S7feCeNk- Tane I le L , sfru nk NAME (Typed or Printed) NAME (Typed or Printed) DATE : ,:,�r � I G 3 DATE:-- I ! 04411 �, DETERMINATION OF COMPLIANCE WE hereby certify that the above-described parcels) complies with the applicable provisions of the Subdivision Map Act and of the City Subdivision Ordinance, and may be sold, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of the City of Diamond Bar Subdivision Ordinance. 4CCIOF DIAMOND BAR CITY O DIAMOND BAR BYBY: TY/ NGINEE PLANNI G DIRECTOR u H O X C� O H N 0 t� C 9 yH O H O a n H H O N v W 00 W I I 1 v 1 I c �z o N vii o N 2 m z ^�(02 v M O C I nl 2 m Zm m> D rtiD —I r. D II II O n N r -- (C (,j CY) (0 -1h. 0 N OZcn 114 °Dm cVO U rnrn o r 2+ v� rrr�ln wtr�r�CrC M�w o m z 0.0 2 w N 10 Oo CID z rnw w rTl !wr rn z -4 \ ti mx \\ rn ; n c" D m - r \ \ rn m Wvr WN _. Cf3 \ tea' coo y5 \ _,,, N U �� \\ n U) \ S� \ j rm0D D M X 2 _cil v D 2 p U C EXHIBIT "B" (NEW) PARCEL 1: 9 I U" T KOBsJN' Jr �1 0. 1366 \ Fjrpp33t 9 � Ciy11 ENVIER .. LOT 67 OF TRACT NO 33636 AS FILED IN BOOK 904 PAGES 86-90 IN THE OFFICE OF THE COUNTY RECORDER Gr' LOS ANGELES COUNTY, STATE OF CALIFORNIA AND A PORTION OF LOT 66 OF SAID TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 66 OF SAID TRACT 33636; THENCE NORTH 61041'06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 66, 6.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°59'30" EAST, 36.91 FEET; THENCE SOUTH 85°4223" EAST, 24.84 FEET; THENCE SOUTH 83°57'17" EAST, 40.18 FEET; THENCE NORTH 87°58'39" EAST, 12.83 FEET TO A POINT THAT IS ON A PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 66 SHOWN AS NORTH 59007'35" EAST, 166.12 FEET; THENCE NORTH 59°07'35" EAST, 6.00 FEET TO THE WESTERLY TERMINUS OF THE LINE SHOWN ON SAID TRACT MAP NO. 33636 AS NORTH 59°07'35" EAST, 166.12 FEET, THENCE NORTH 68°32'20" WEST, 78.00 FEET ALONG A NORTHERLY LINE OF LOT 66; THENCE SOUTH 61°41'06" WEST ALONG A NORTHERLY LINE OF SAID LOT 66, 53.40 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: LOT 66 OF TRACT NO 33636 AS FILED IN BOOK 904 PAGES 86-90 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF CALIFORNIA EXCEPT A PORTION OF LOT 66 OF SAID TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 66 OF SAID TRACT 33636; THENCE NORTH 61041'06" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 66, 6.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°59'30" EAST, 36.91 FEET; THENCE SOUTH 85042'23" EAST, 24.84 FEET; THENCE SOUTH 83°57'17" EAST, 40.18 FEET; THENCE NORTH 87°58'39" EAST, 12.83 FEET TO A POINT THAT IS ON A PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 66 SHOWN AS NORTH 59007'35" EAST, 166.12 FEET; THENCE NORTH 59°07'35" EAST, 6.00 FEET TO THE WESTERLY TERMINUS OF THE LINE SHOWN ON SAID TRACT MAP NO. 33636 AS NORTH 59°07'35" EAST, 166.12 FEET, THENCE NORTH 68°32'20" WEST, 78.00 FEET ALONG A NORTHERLY LINE OF LOT 66; THENCE SOUTH 61°41'06" WEST ALONG A NORTHERLY LINE OF SAID LOT 66, 53.40 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" (EXISTING) PARCEL 1: LOT E17 OF TRACT NO 33636 AS FILED IN BOOK 904 PAGES 86-90 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF CALIFORNIA. PARCEL 2: LOT 66 OF TRACT NO 33636 AS FILED IN BOOK 904 PAGES 86-90 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, STATE OF CALIFORNIA. N0. 1366 V11 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. _ TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 11, 1993 FROM: James DeStefano, Community Development Director TITLE: An appeal of a Planning Commission approval pertaining to Conditional Use Permit No. 93-1 and Development Review No. 92-6 SUMMARY: On March 31, 1993, Carl Karcher Enterprises, Inc. filed an appeal regarding conditions of approval set forth by the Planning Commission for the construction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council deny the appeal and uphold the Planning Commission decision. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _ Agreement(s) X Other EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? X Yes —No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? PLANNING COMMISSION 5. Are other departments affected by the report? _ Yes _ No Report discussed with the following affected departments: REVIEWED, Y: I I Vb J�� �� — __ Tefferke L. Belanger Wnes DeStef o City Manager 0 Community Deirqlpment Director CITY COUNCEL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: An appeal pertaining to conditions of approval for Conditional Use Permit No. 93-1, and Development Review No. 92-6. ISSUE STATEMENT: On March 31, 1993, Carl Karcher Enterprises, Inc. filed an appeal regarding conditions of approval set forth by the Planning Commission for the construction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council deny the appeal and uphold the Planning Commission decision. FINANCIAL SUMMARY: N/A BACKGROUND: Project site is an existing Carl's Jr. restaurant with a drive-thru lane located at 141 S. Diamond Bar Boulevard. It is within the Commercial Planned Development (CPD) zone and has a Draft General Plan Land Use Element designation of General Commercial (C). On March 22, 1993, the Planning Commission approved Conditional Use Permit No. 93-1, and Development Review No. 92-6. This approval permits the construction of an 810 square foot addition to be utilized as an outdoor children's play area with supervisory seating to an existing 3,298 square foot Carl's Jr. restaurant. The play area will be located on the north side of the restaurant within an area which contains four parking spaces. The Planning Commission ultimately approved the loss of four parking spaces with conditions. The applicant is not in agreement with the conditions. The applicant is appealing the conditions of approval because they feel the conditions are "burdensome" and "equivalent to a denial". The applicant believes the Planning Commission did not realized the true nature of the conditions of approval (see attached correspondence dated March 29, 1993). DISCUSSION: structure utilized for entertainment, assemble and dining shall provide one or more parking spaces for each three persons based on occupant load determined by the Building and Safety Department. Pursuant to the Code, the following is the maximum calculated occupancy load for the subject restaurant. Dining Room 101 Order Area 36 Kitchen 4 Play area 22 Total 163 Occupants With a total occupancy of 163, the total number of parking spaces required is 54. If the proposed project is constructed, there will be a deficiency of 14 parking spaces. If the play area is not constructed, the total occupancy load is 141. As a result, 47 parking space are required. The project site provides 40 parking spaces. The site is deficient by seven parking spaces without the construction of the play area and is not in compliance with the code. Because the addition of a play area would be intensifying the use, staff and Planning Commission, guided by the Code, created conditions of approval that would assist in alleviating the parking deficiency. The conditions of approval in Resolution No. 93-7 and Resolution No. 93-8 (d), (e), and (f) require the applicant to: obtain a Parking Permit for the purpose of providing six off-site parking spaces for employees pursuant to Part 7, Chapter 22.56 of the Code (see attachments); install a six -place bicycle rack on site; and provide ride -sharing incentives for employees. Conditions (g) and (h) requires the applicant to supply revised floor plan and landscape and irrigation plan for the play area within 30 days of approval of the grant. The applicant would like to remove the time constraint for the submittal of revisions. It is customary to require that submittal of revisions be completed in a timely manner to insure that the project moves forward efficiently and as conditioned. The conditions of approval imposed on this project are consistent with code and City policy. The purpose of the conditions of approval is to make the proposed project compatible with adjacent uses and not have adverse effects or detrimental impacts on traffic, circulation, and pedestrian movement. PREPARED BY: rixit, 44. ZWXM=== * A J. Lu u, P a ing Technician Attachments: Draft Resolution Exhibit "A" - site plan, floor plan, and elevations dated February 22, 1993 Correspondence dated March 29, 1993 from Carl Karcher Enterprises, Inc. requesting an appeal Minutes of February 22, and March 8, 1993 Planning Commission meetings Planning Commission - Resolution No. 93-7 and Resolution No. 93-8 Planning Commission staff reports dated February 22, 1993 and March 8, 1993 Chapter 22.56, Part 7, of the County of Los Angeles Planning and Zoning Code RESOLUTION NO. 93 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 592-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. AND SUSTAINING THE DECISION OF THE PLANNING COMMISSION. A. Recitals 1. Carl Karcher Enterprises, Inc. has filed an application for Conditional Use Permit No. 93-1, amending Conditional Use Permit No. 492-1 and Development Review No. 92-6, to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution., the subject Conditional Use Permit application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Pursuant to judgement rendered 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. 1 4. The Planning Commission of the City of Diamond Bar, on March 22, 1993 conducted a duly noticed public hearing and approved the Application with conditions. 5. The Applicant, on March 31, 1993, filed an appeal of conditions (d), (e), (f), (g), and (h) in Resolution No. 93-7 and Resolution No. 93-8. 6. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on April 21, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on April 20, 1993. 7. The City Council of the City of Diamond Bar, on May 18, 1993 conducted a duly noticed public hearing on said appeal. 8. All legal prerequisites to the adoption of this Resolu- tion 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. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the findings and conclusions set forth herein, this City Council, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant with a drive-thru lane identified as Carl's Jr. within the Commercial Planned Development (CPD) zone. The subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the 2 CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Pursuant to Ordinance 4 (1992), substantial evidence exists, considering the record as a whole that approval of the appeal, would be detrimental to or interfere with the.General Plan. (f) Approval of the appeal will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (g) Approval of the appeal will be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. (h) Approval of the appeal will jeopardize, endanger or otherwise constitute a menace to public health, safety, or general welfare. 3. The City Council hereby certifies that an Initial Study reviewed and prepared by the City of Diamond Bar and Negative Declaration have been prepared 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. 4. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, and 3 this City Council on May 18, 1993 public hearing, as set forth above, denies the subject appeal and sustains the action of the Planning Commission. 5. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) This City Council hereby provides notice to Carl Karcher Enterprises, Inc. that the time within which judicial review of the decision represented by this Resolution must be sought is governed by 3 the provisions of the California Code of Civil Procedures, Section 1094.6. (c) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE 18TH DAY OF MAY, 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 City Council held on the 18th day of May, 1993, by the following vote: AYES: [COUNCIL MEMBERS:] NOES: [COUNCIL MEMBERS:] ABSENT: [COUNCIL MEMBERS:] ABSTAIN: [COUNCIL MEMBERS:] ATTEST: Lynda Burgess, City Clerk 4 S4W, 58,990 CHAPTER 22.56 385 PART 7 - CHAPTER 22.56 PARKING PERMITS • secnoNs: 22.56.990 Establishment —Purpose. 22.56.1000 Application — Fling time. 22.56.1010 Application — Information required. 22.56.1020 Application — Burden of proof. 22.56.1030 Application — Fee and deposit 22.56.1040 Repealed. •22.56.1050 Application — Notice requirements. 22.56.1060 Application — Findings and decision. 22.56.1065 Appeal procedures. 22.56.1067 Review by Board of Supervisors. 22.56.1070 Agreement to develop following termination of approved use. 22.56.1080 Commission decision — Effective date. 22.56.1090 Effective date when an appeal is filed. 22.56.1100 All regulations apply unless permit is granted. 22.56.1110 Imposition of additional conditions. 22.56.1120 Continuing validity of permit. 22.56.1130 Termination on cessation of use or occupancy. 22.56.1140 Permit does not legalize nuisances. 22.56.990 ESTABLISHMENT — PURPOSE. A. The parking permit procedure is established to provide an alternative to the parking requirements of Chapter 22.52 in the event that a particular use does not have the need for such requirements. B. It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses, including: 1. Senior citizens' and persons' housing developments where few of the residents will own their own automobiles; 2. Certain uses where parking requirements are based upon floor area of a structure but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted; 3. Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile. C. It is the intent to conserve land and promote efficient land use by allowing 1. The dual or shared use of parking facilities by two or more uses; 2. Tandem parking for non-residential uses; 4f 3. Compact parking spaces for apartment houses. D. It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing- 1. llowing1. Off-site parking facilities; 2. The short-term leasing of required parking spaces; DECEMBER 1986 3N CHAPTER 22-M Sk. 56.990 (Cont.) — 54.1010 3. Transitional parldng for parcels with rear lot lines abutting commercial or industrial zones; 4. Uncovered parking for low and moderate income housing. (Ord. 83-0161, Sec. 63, Ord. 1494 Ch. 5 Art. 13 Sec. 131, 1927) 22.56.1000 APPLICATION — FILING TIME. Any persons desiring a . parking permit provided for in Part 7 may file an application with the Planning Director; provided, that no application shall be filed or accepted if final action has been taken within one year prior thereto by the Director, Commission or Board of Supervisors on an application requesting the same or substantially the same, permit. (Ord. 83-0161, Sec. 64; Ord. 1494 Ch. 5 Art. 13 Sec. 513.2, 1927.) 22.56.1010 APPLICATION — INFORMATION REQUIRED. Application for . a parking permit shall contain the following information: A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used; B. Evidence that the applicant: 1. Is the owner of the premises involved, or 2. Has written permission of the owner or owners to make such application, or . 3. Is or will be the plaintiff in an action of eminent domain to acquire the premises involved or any portion thereof, or 4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of the subject property (address or vicinity); D. Legal description of the property involved; E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure or improvement is to be occupied or used; F. The nature, condition and development of adjacent uses, buildings and structures; G. Two site plans, drawn to a scale satisfactory to and in the number of copies prescribed by the Director, indicating: 1. The area and dimensions of the proposed site for the requested use, and 2. On the first site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, as if no parking permit is applied for, and 3. On the second site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, including any land area reserved to satisfy normal parking requirements should the use or occupancies change, as if the parking permit were granted; H. The dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use; I. Other permits and approvals secured in compliance with the DECEMBER 1906 Sec. 56.1010 (Cont.) — 56.1020 CHAPTER 22.56 387 provisions of other applicable ordinances; J. With each application the applicant shall also file: 1. Maps, in the number prescribed and drawn to a scale specified .by the Director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use, and 2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 -foot radius, and 3. A list, certified to be correct by affidavit or by a statement •under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll the County of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownerships are located; K. A description of the unique characteristics of the proposed use and/or special programs which are proposed which reduce the need for the required number of parking spaces or warrant modification of the parking requirements of Part 11 of Chapter 22.52; L. A vicinity map showing the location of transit lines, park-and-ride facilities, people -movers, bikeways or other similar facilities which provide alternate transportation modes; M. When a parking permit is proposed for off-site parking, the filing requirements listed in this section shall apply to all parcels under consideration. In addition, the Director shall provide notice of the permit and of any public hearing required for such proposal for all parcels •independently using the procedures contained in this Part 7 in Part 4 of Chapter 22.60 of this Title 22; and N. Such other information as the Director may require. 0. The Director may waive the filing of one or more of the above items. P. The accuracy of all information, maps and lists submitted shall •be the responsibility of the applicant. (Ord. 83-0161, Sec. 65, Ord. 1494 Ch. 5 Art. 13 Sec. 513.3, 1927.) 22.56.1020 APPLICATION — BURDEN OF PROOF. In addition to the information required in the application by Section 22.56.1010, the applicant shall substantiate the following facts: A. That there will be no need for the number of parking spaces required by Part 11 Chapter 22.52 because: 1. The age and/or physical condition of the residents is such that the use of automobiles is unlikely; or 2. The nature of the use is such that there is a reduced occupancy; or 3. The business or use has established a viable transportation program for its employees and/or customers to use transportation modes other than the single -occupant automobile. Such a program shall include 388 CHAPTER 22.56 Sec. 56.1020 (Cont.) — 56.1030 positive incentives such as van pools, transit fare subsidies, commuter travel allowances, car pools or bicycle commuter facilities. Where appropriate, proximity to freeways with high-occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people-movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration; or 4. Sufficient land area is reserved or an alternative arrangement is approved to insure that the parking requirements may be complied with should the use, occupancy, or transportation program change. Such reservation or alternative may be waived for certain senior citizen and handicapped person housing developments where the Director finds that it is unnecessary because of the anticipated permanent nature of such use. If required, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking if needed. B. That there will be no conflicts arising from special parking arrangements allowing shared facilities, tandem spaces or compact spaces because: 1. Uses sharing parking facilities operate at different times of the day or days of the week; or . 2. Parking facilities using tandem spaces will employ valets or will utilize other means to insure a workable plan; or 3. Apartment houses using compact spaces for a portion of the required parking have a management program or homeowners' association to assure an efficient distribution of all parking spaces. . C. That off-site facilities, leases of less than 200 years, rear lot transitional parking lots and uncovered residential parking spaces will provide the required parking for uses because: 1. Such off-site facilities are controlled through ownership, leasing or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use; or 2. Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces; or 3. Such transitional lots are designed to minimize adverse effects on surrounding properties; or 4. Uncovered parking for low and moderate income residential developments will be appropriately screened and compatible with the surrounding neighborhood. D. That the requested parking permit at the location proposed will not result in traffic congestion, excessive off-site parking, or unauthorized use of parking facilities developed to serve surrounding property; • E. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this Title 22. (Ord. 83-0161, Sec. 66; Ord. 1494 Ch. 5 Art. 13 Sec. 513.4, 1927.) 22.56.1030 APPLICATION — FEE AND DEPOSIT. When an application is CHAPTER 22.56 389 Sec. 56.1030 (Cont) 56.1060 d d ait as required • • • filed, it shall be INFORMATION accompanied by the filing fee an epo in Section 22.60.100• (Crd• 1494 Ch. 5 Art- 13K � iF — RE - 22'56.1040 APPLICATION ) DENIAL FOR LAC PEALED (Ord. 0161, OTICE REQUIREMENTS. A. In all cases 22.56.1050 APPLICATION — Nwhere an application is filed, the Director fled t be forwarded by shall cause a notice indicating the applicant's request at the location p class mail, postage prepaid, to:latest 1. All persons whose names and addresses r Los Angelesnash ow ing available assessment roll of the County ro property within a distance of 500 feet from the shall so exterior boundaries of n tY he property on which the permit is file d.a similar manner to "occupant" at the site ey required to be notified the mailing address of any owner, of property under the provisions of this subsection differs from a notice addressed to such property. In the case of an apartment and "occupant" shall be mailed to each dwelling unit; property or interests 2. Such other persons or groups application or permit. judgment, be affected by such app might, in his judgm person, opposed to the B. Such notice shall also indicate that any Pion by written protest granting of such permit, may express such opposition e Director within 15 day 3, Ord. I494, Ch. 5, s after receipt of such notice. (Ord. 83-0161, to th Art. 13, § 513.7, 192 ) § 22.56.1060 APPLICATION — FINDINGS AND DECISION. twhere the following 1 approve an application for a parking P shat pp findings are made:roof set forth in 1. That the applicant has met the burden of p Section 22.56.1020; and used parking pest has 2. That no written protest to the pror the posed receipt of the notice been received within 15 �duant to�Sect on 2`L•56.1050 sent by the Director p the application where the information . B. The Director shall deny to his satis- submitted by the applicant fails to substantiate the findings faction.ce of his decision to the Plicant C. The Director shall send a non and anyone who has filed awritten q and any person reuesting notification appeal may be filed pursuant protest. Such notice shall indicate than an to Section 22.56.1065• The decision of the Director shall become final u1t� peffective 1 D. the pp al days after receipt of notice of action by nor has a further a written appeal of the action taken fha t on n filed with the neither nota Commission within such 15 days following of been b the Commission of the Director's decision been initiated b; review Y Supervisors, or a member of the the Board of Supe there t . E. In all cases where a written t ors ollect vely,en erequests, Board of Supervisors, either individually public hearing shall be scheduled bef notification, public hearing Cea►nd apps re ase all procedures relative to notific , P SEPTEMBER 11 rl` 392 CHAPTER 22.56 Sec. 56.1110 (Cont) and operated by the apartment management or a homeowners' associa- tion. I. If off-site automobile parking facilities are proposed, such facilities must be within 400 feet from any entrance of the use to which they are accessory. Parking for employees shall be located within 1320 feet from the entrance to such use. Directions to such facilities shall be clearly posted at the principal use. J. Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole use, the lease shall be recorded in the office of the County Recorder and the applicant shall demostrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated. Except for the term of the lease, the provisions of Subsection A of Section 22.52.1020 relating to leases shall apply. A copy of such lease shall be submitted to the Planning Director and County Counsel for review and approval. Other conditions including, but not limited to, requiring title reports, covenants and bonding may also be imposed where necessary to insure the continued availability of leased parking spaces. K. Where transitional parking isro sed for lots whose P Po a r ear lot line adjoins or is separated only by an alley from a commercial or industrial zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Part 11 of Chapter 22.52 and Section 22.20.090, unless specifically waived or modified by the parking permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed. L. Where uncovered parking is proposed for low and moderate ate income housing, the following setback and screening provisions shall be P com li ed with: 1. Uncovered parking spaces shall not be located in the required front, side, corner side or rear yards except in those places where garages or carports are permitted in accordance with Part 2 of Chapter 22.48. 2. Uncovered parking spaces shall be screened- by a 6 -foot high d solid fence or wall or by a 3 -foot wide planting strip along the sides ofthe parking space if the space is located within 10 feet of any property line. a. Landscaping material in the planting strip shall consist of evergreen trees and/or shrubs of such size, spacing and character that they form an opaque screen five to six feet high within two years of planting. This landscaping must be continuously maintained. b. Such buffering by walls, fences or landscaping is optional where the lots or parcels of land adjoining the uncovered parking area are developed with parking facilities, either covered or uncovered. 3. Uncovered parking spaces will be permitted only for those units actually designated for low or moderate income housing. M. In the event that any applicant and/or property owner is unable to comply with the provisions of the parking permit, the use for which A Nil permit has been granted shall be terminated, reduced, or removed unless 0 0- 0 • • Sec. 56.1110 (Cont.) — 56.1140 CHAPTER 22.56 393 some other alternative method to provide the required parking is approved by the Director. N. The parking permit shall be granted for a specified term where deemed appropriate. (Ord. 83-0161, Sec. 73, Ord. 1494 Ch. 5Art.131513.9,1927) • 22.56.1120 CONTINUING VALIDITY OF PERMIT. A parking permit that is valid and in effect, and was granted pursuant to the provisions of this Title 22, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 1494 Ch. 5 Art. 13 § 513.16, 1927.) 22.56.1130 TERMINATION ON CESSATION OF USE OR OCCUPANCY. An approved parking permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates. (Ord. 1494 Ch. 5 Art. 13 § 513.11, 1927.). 22.56.1140 PERMIT DOES NOT LEGALIZE NUISANCES. Neither the provision of this Part 7 nor the granting of any permit provided for in this Part 7 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 13 § 513.13, 19.27.) • • • • • --n jr• Property Development ,o„ o,,.,, ., .... 222 South Harbor Boulevard • PQ Box 4999 Anaheim, CA 92803 •(714) 4914300 March 29, 1993 Registered Mail Return Receipt Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 E. Copley Drive, Suite #100 Diamond Bar, CA. 91765 NOTICE OF APPEAL REFERENCE. Application of Carl Karcher Enterprises, Inc. for construction of a Children's Play Area at the Carl's Jr. Restaurant, 141 S. Diamond Bar Boulevard. CUP #93-1/DR #92-6. An Appeal of Specified Conditions of Approval contained in Planning Commission Resolutions, No. 93-7 and 93-8, made March 22, 1993. Dear Ms. Burgess: Please consider this communication as Applicant's Notice of Appeal taken from the Planning Commission's above- referenced Resolutions. Applicant's grounds for Appeal are as follows: 1.) The imposition of Condition (d) in each of the Resolutions opposes the finding of Approval and Intent of the Commission, in that: A.) The imposition of Condition (d) is so onerous it is tantamount to denial of Applicant's Application. B.) Applicant believes that had the Commission been fully informed of the true nature of said Condition (d), no such Condition would have been imposed. C.) Several less burdensome alternatives are available which would achieve the same or similar result. Notice of Appeal City of Diamond Bar Page 2 D.) It is a practical and economic impossibility for Applicant to comply with Condition (d). Even if Applicant were to obtain an off-site parking lease, at a reasonable cost, (which is highly unlikely), there exists the potential for imposition of further conditions as outlined in Part 7, Chapter 22.56, County of Los Angeles Planning and Zoning Code. The entire process is fraught with problems both for the Applicant and the City of Diamond Bar. E.) The conclusions reached in the findings would be the same with or without the imposition of Condition (d). F.) If a parking shortage does exist, it exists only during the noontime meal period (11:30 A. M. to 1:30 P.M.). Applicant currently has procedures for off-site employee parking during noontime. G.) The three parking stalls along the Southeast side of Gentle Spring Lane are in fact on private property and as such are a part of the Carl's Jr. leased premises. H.) Since condition (d) was imposed as part of a consent item, applicant was not offered an opportunity to state its position respecting said condition. Therefore, based upon the foregoing and upon all other applications, memoranda, correspondence or other documentary or other evidence presented by applicant or others, applicant respectfully requests that the City Council take the following actions respecting Planning Commission Resolutions 93-7 and 93-8, enacted March 22, 1993: 1.) Strike condition (d) in its entirety , or in lieu thereof, substitute the following: "Applicant shall make provision for off-site employee parking during noontime meal period. " 2.) - Strike the following phrase in conditions (e) and (fl: "Unless otherwise required pursuant to part 7, chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the... " 3.) Strike the following phrase in conditions (e), (f), (g) and (h): "..., within 30 days of approval of this resolution, ... " Notice of Appeal City of Diamond Bar Page 3 4.) Except as stated in items 1, 2 and 3, above, the findings and conditions are to remain in full force and effect. Copies of the resolutions with proposed changes, along with a copy of Part 7, Chapter 22.56, are attached as exhibits to Appellant's Appeal. Respectfully submitted, CARL KARCHER ENTERPRISES, INC Mike Calahan Project Manager (714) 491-4304 Mc/is cc: Mr. Bruce Flamenbaum, Chairman, Planning Commission Ms. Ann Lungx, PWwr -7 RESOLUTION NO. 93 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-1 AMENDING CONDITIONAL USED PERMIT NO. 492-1 AND NEGATIVE DECLARATION NO. 93-1, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. A. Recitals 1. Mike Calahan, Remodel Construction Supervisor of Carl Karcher Enterprises, Inc. has filed an application for Conditional Use Permit No. 93-1 amending Conditional Use Permit No. 492-1 to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "Application". 2. on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on February 22, 1993 conducted a duly noticed public hearing on said Application. The public hearing was continued to March 8 and to March 22, 1993. 1 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar,_as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby certifies that an Initial Study and Negative Declaration were prepared which analyze this Application and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a :F 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 Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding the provisions of the paragraph, the Applicant shall pay,all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: 2 (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant identified as Carl's Jr. within the Commercial Planned Development (CPD) zone. The subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. (f) Approval of this project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (g) Approval of this project will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. (h) The project will not jeopardize, endanger or otherwise constitute a menace to public health, safety, or general welfare. (i) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on February 4, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on February 2, 1993. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 21 3, and 4 and 3 conditions set forth below in this Resolution presented to the Planning Commission on March 22, 1993 continued public hearing as set forth above, . the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to plans labeled Exhibit "A" dated February 22, 1993. (b) The subject site 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 duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 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 Har to provide such services. (c) The Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. (d) This Conditional Use Permit shall not be deemed valid, no rights shall be exercised thereunder, and no building permits shall be issued in connection therewith unless an off-site Parking Permit for six (6) spaces pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code as adopted by the City has been obtained. (e) Unless otherwise required pursuant to ,Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall install a six -place bicycle rack on site. The Applicant shall submit, within 30 days of approval of this resolution, a revised site plan indicating the location of the bicycle rack for review and approval by the Planning Division. (f) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, within 30 4 days of approval of this resolution, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area and relocated the benches as per the requirements of the Building and Safety Division. The Applicant shall submit, within 30 days of approval of this resolution, a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, within 30 days of approval of this resolution, the landscape and irrigation plans for review and approval of the Planning Division. (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1. (j) The applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant. (1) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (m) This grant shall not be effective unless Development Review No.92-6 which is being processed concurrently herewith is approved. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 5 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE 22ND DAY OF MARCH, 1993, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bruce Flamenbaum, Chairman I, James Destefano, Secretary of the Planning Commission 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 Planning Commission held on the 22nd day of March, 1993, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:,,] Flamenbaum, Meyer, Plunk Grothe Li 11 6 ATTEST: //Yi, V J mes DeSte ano, S cre P RESOLUTION NO. 93-8 A RESOLUTIONOF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 92-6 AND NEGATIVE DECLARATION NO - 93 -1, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR-, LOCATED AT 141 S. DIAMOND BAR BLVD. A. Recitals 1. Mike Calahan, Remodel Construction SupervisorCarl Karcher Enterprises, Inc. has filed an application for Development Review No. 92-6 to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Development Review application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. •On said Cal California date, Government pursuant Code the requirements of Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), 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, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on February 22, 1993 conducted a duly noticed public hearing on said Application. The public hearing was continued to March 8 and to March 22, 1993. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: Commission hereby specifically finds that 1. The Planning part A, of all s°Rthe esolution care true t and correct. h in the ecitals, set fO this 2. The Planning Commission hereby certifies treparInitial eclaration which Study and Negative D analyze this App lication and that saideed lnit al Study and independent judgment of Negative Declaration reflect the a Pl 7 the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative pleted in CO he Declaration were comAC a t Of 1970, as California Environmental Quality amended, and the guidelines promulgated thereunder, and that the City ntainedlhas reviewed in said Initial a nd considered the information coStudy and Negative Declaration. Commission hereby specifically finds and 3. The Planning Navin considered. the record as a determines that, g and rated whole, including the findings set forth below, changes and alterations which have been ect set forth into and conditioned upon the proposed prof in the Application, there is no evidence before this planning Commission that the project as proposed bywtle Application, and conditioned for approval herein, have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Planning Commission hereby rebuts the. presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. locant shall pay all otwithstanding the provisions of the paragraph, the App fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. the findings and conclusions set forth 4. Based upon Planning Commission, in conformance with this herein, 1992) of the City of Diamond Bar hereby Ordinance No. 4 ( finds as follows: (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant ll 1sJr. W1 In the The Commercial PannedDevelopment(CPD) zone 2 (h) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review ordinance No. 5 (1990). (i) The design of this project will provide a desirable environment for its occupants 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. 3 subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business-Billboard Exclusion (C-2-BE) zone; and to the west is the CPD and Limited Multiple Residence-15 Units per Acre (R-3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. (f) Approval of this project will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (g) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review ordinance No. 5 (1990). (i) The design of this project will provide a desirable environment for its occupants 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. 3 (i) Notification of the public hearing for this project has been made in the San Gabriel Vallev Tribune and the Inland Valley Daily Bulletin newspapers on February 4, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on February 2, 1993. 5. Based upon the substantial evidence and conclusion set forth herein- above _in paragraphs 1, 2, 3, and 4 and conditions set forth below in this Resolution presented to the Planning Commission on March 22, 1993 continued public hearing as set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to plans labeled Exhibit "A" dated February 22, 1993. (b) The subject site shall be maintained in a condition which is free of debris bothduring and after the construction, implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or jubsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 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. (c) The Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. (d) This Development Review grant shall not be deemed valid, no rights shall be exercised thereunder, and no building permits shall be issued in connection therewith unless an off-site Parking Permit for six (6) spaces pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code as adopted by the City has been obtained. (e) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall install a six -place bicycle rack on site. The Applicant shall submit, within 30 days of approval 4 of this resolution, a revised site .plan indicating the location of the bicycle rack for review and approval by the Planning Division. (f) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, within 30 days of approval of this resolution, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area and relocated the benches. as per the requirements of the Building and Safety Division. The Applicant shall submit, within 30 days of approval of this resolution, a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, within 30 days of approval of this resolution, the landscape and irrigation plans for review and approval of the Planning Division. (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1 and Development Review No. 92-6. (j) The Applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant. (1) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until. the permittee pays remaining City processing fees. 5 (m) This grant shall not be effective unless Use Conditional concurrently herewith is approved, it 93-1 which is being processed ,_. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy Of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED ADOPTED OF THE CITY OF DIAMOND g ARCH, 1993, BY THE PLANNING COMMISS ON BY. Chairman Bruce Flamenbaum, I, James Destefano, Secretary of the Planning Commission 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 Planning Commission held on the 22nd day of March, 1993, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, Meyer, Plunk NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] Li ABSTAIN: (COMMISSIONERS: , � ,V � ATTEST: J s destefano, Sec et 2 CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION FEBRUARY 22, 1993 ROLL CALL: Commissioners: Grothe, Plunk, Vice Chairman Meyer, and Chairman Flamenbaum. C/Li was absent. DR 92-6 and PT/Lungu presented the staff report regarding the CUP 93-1 request, made by the applicant Carl Karcher Enterprises, Inc., to amend an existing Conditional Use Permit and process a Development Review in order to construct a children's play area with supervisory seating on an outdoor patio located on the northwest side of an existing one story building located at 141 S. Diamond Bar Boulevard. She then presented slides of the.existing building, as well as a computer enhanced photograph of the proposed children play area addition. Though the design of the playground area is appropriate and compatible with the existing restaurant and the surrounding area, staff feels that the addition is not appropriate because there is not an adequate number of parking spaces for the potential occupancy load of the restaurant. It is recommended that the Commission deny Development Review No. 92-6, and Conditional Use Permit No. 93- 1. PT/Lungu, in response to a series of inquiries made by C/Meyer, made the following comments: the traffic spill out into the street would probably be manageable by the public; it would not be subject to the TDM because of their size, but it could be a mitigation measure; and with the proposed project, the applicant is deficient by 14 parking spaces using the City's occupancy load calculations. In response to Chair/ Flamenbaum's concern for fire safety upon the elimination of the gate on the west side of the play area, PT/Lungu pointed out that there are currently two points of ingress/egress to the play area from the outside, therefore, one of them could be closed. The Building and Safety Department did not express any concerns upon reviewing this application. Mike Callahan, residing in Orange, representing Carl Karcher Enterprises, made the following comments: there would still be fire egress from the building even if one of the gates are closed; the addition is not part of the building itself, but a fenced in landscaped patio area; a revised site plan will be provided showing 42 parking spaces; most cities do not use the Uniform Building Code to determine parking, but the gross floor area, therefore the parking space requirement should be under 40 spaces; most of the 11 employees February 22, 1993 Page 2 park off site, legally; the original CUP issued by the County required only 42 spaces; and the size of the stalls meet City standards. C/Meyer inquired if the applicant would be willing to formalize an incentive program for the employees to encourage them to use alternative transportation modes as a way to decrease the demand for parking. Mike Callahan stated that he would be willing to suggest such a program to management. Chair/Flamenbaum declared the Public Hearing opened. Tom Ortiz, residing at 3308 Hawkwood, supported the project for the following reasons: Carls Jr. is a long time member of the City's Chamber of Commerce; they donate to the community, and sports organizations; they create jobs for the youth and senior citizens; and they generate revenue for the City. Fred Scalzo, President of the Chamber of Commerce, expressed his support of the project. The playground area would be good for their business, and in turn, for the City. Don Gravdahl, residing at 23988 Minnequa, pointed out that the private street along side of the building is in poor condition, and perhaps the owners of the properties responsible for that street should be asked to contribute to it's improvement at the time that any improvements - to their properties are proposed. In response to C/Meyer, he stated that the discrepancies in the parking area may stem from the remodeling done a few years ago. . However, in his judgement, there does not appear to be a parking problem at that location at this time. PT/Lungu stated that the addition, of the solarium/dining area done a fews years ago, and the play area proposed now, brings up the occupancy load, thereby increasing their need of parking spaces by code. Chair/Flamenbaum declared the Public Hearing closed. Motion was made by C/Grothe and seconded by C/Plunk to approve the project subject to the following list of conditions: there should be a sidewalk to get around the play area to enter the building; February 22, 1993 Page 3 mount two locking bicycle facilities in the back of the building; stripe the property for 42 spaces, attempting to meet minimum standards; street maintenance on the private street is irrelevant at this time; all of the properties on Palomino should contribute their fair share toward the signal on that intersection; and there should be direct access, such as a sidewalk, into the building from the back. Chair/Flamenbaum indicated that he feels that the request for a sidewalk may not be appropriate, and that 39 parking spaces may be adequate. C/Meyer expressed his concern with establishing a precedent by granting the modification of the standards just because the applicant is a well known, well operated restaurant. He suggested that staff and the applicant meet to discuss a way to design the parking area to meet the planning test and legal test. He noted that 39 functional spaces is better than 42 spaces that no one will use. C/Plunk noted that the addition of the play area may not necessarily attract new customers, but rather encourage regular customers to stay longer and buy more food. She concurred that the applicant should be encouraged to formalize an employee off site parking program, to install a locking bicycle rack, and to meet with staff to discuss an alternative using the suggestions expressed by the Commission. Mr. Callahan concurred to meet staff to negotiate a strategy that would be beneficial to everyone. C/Grothe withdrew his motion made earlier, and C/Plunk withdrew her second to the motion. Motion was made by C/Grothe, seconded by C/Plunk and CARRIED UNANIMOUSLY to direct staff to meet with the applicant to draft conditions of approval taking all comments made by the Commission for consideration. Chair/Flamenbaum recessed the meeting at 9:50 p.m. The meeting was reconvened at 10:03 p.m. February 22, 1993 Page 4 CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION MARCH 8, 1993 ROLL CALL: -Commissioners: Grothe, Li, Plunk, vice Chairman Meyer, and Chairman Flamenbaum. PT/Lungu presented the staff report regarding the DR 92-6 & request made by the applicant, Carl Karcher CUP 93-1 Enterprises, Inc., to amend an existing CUP and process a Development Review in order to construct a children's play area with supervisory seating on an outdoor patio. As directed at the February 22, 1993 meeting, staff and the applicant discussed the following alternatives, as outlined in the staff report, to alleviate the shortage of parking stalls on site: redesign the parking area in order to acquire more parking stalls; incentives for ride - sharing and the utilization of other means of transportation besides employee's car; reciprocal parking agreement with a neighboring site to mitigate the parking shortage; and to consider the availability of parking on Gentle springs Lane. Upon visiting the site on four separate occasions, staff observed that the Carl's Jr. site was congested during lunch hour, with no available on site parking, no available parking on Gentle Springs Road, and stacking of cars in the drive- thru lane extending to the front entrance of the restaurant. It is staff opinion that even though the design of the playground area is appropriate and compatible with the existing restaurant and the surrounding area, the addition of the playground area is not appropriate due to the fact that the number of parking spaces are inadequate for the potential occupancy load of the restaurant and the on-site congestion, even with the implementation of several alternatives. It is recommended that the Commission deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. Chair/Flamenbaum declared the Public Hearing opened. Hearing no testimony, Chair/Flamenbaum declared the Public Hearing closed. Mike Callahan, employed by Carl Karcher Enterprises, Inc., made the following comments: the stacking of cars at the drive-thru may have occurred because it was the manager's day off on one of the days that staff visited the site; K -Mart has been approached to allow us to park six cars on their parking lot during noon time; there will be 40 parking stalls on site; the play area will meet all disable access, fire egress, and other building March 8, 1993 Page 5 and safety requirements; final plan approval will be obtained by the Diamond Bar Improvement Association (DBIA) prior to plan check submission; a separate landscape plan, prepared by a licensed landscape architect, shall be submitted for approval; a six place bicycle rack will be included on site; a ride sharing incentive program, for the employees, will be maintained; the terms of the Agreement of Protective Covenants, Conditions, and Restrictions, recorded February 26, 1974, will be abided; all necessary building permits will be obtained prior to construction; the use of the playground area shall be limited to patrons of Carl's Jr. who are supervised by a parent or adult guardian; they will cooperate with the City Engineer to repair it's portion of Gentle Springs Lane; and they will obtain a written agreement with a neighboring business to allow off site parking of six (6) employee vehicles during the noon time meal period. He stated that he has not heard anything from the City Engineer or staff regarding a Traffic Signal Assessment Fund, in which a $2,000 payment was offered as indicated in the letter dated February 23, 1993. C/Plunk stated that, upon visiting the site, she concurs with staff's concern that the applicant has a parking problem during the a.m. hours. PT/Lungu, in response to Chair/Flamenbaum, stated that the play area is included as part of the occupancy load. As far as the traffic signal, the City Engineer has indicated that, at this time, he feels that the signal is not appropriate. CDD/DeStefano expressed his concern that allowing off site parking across a major street will not only set a precedent, but is also dangerous for the employees being asked to cross that busy street. He suggested that, if the Commission is leaning towards approval of the project with additional parking, there be a condition that the applicant be required to provide documentation evidence that the adjacent property owner has agreed to allow them to use six (6) spaces. Motion was made by C/Plunk and seconded by C/Grothe to concur with staff's recommendation to deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. C/Grothe concurred that the play area is a needed feature for the restaurant, however, he indicated his concern that there is not adequate parking on March 8, 1993 Page 6 site, and that the intersection and street is unsafe. VC/Meyer stated he is not as concerned with the lack of parking spaces since staff has indicated, at the last public hearing, that the facility did not have a parking problem that spills out into the public right-of-way. It appears that we are planning for the vehicle and not for the intended users of the property. Some businesses are quite successful without any, or perhaps minimal, parking spaces. Furthermore, the applicant has expressed his willingness to obtain an agreement to allow his employees to park off site. However, since the City does have specific parking standards, he stated that he will support staff's recommendation. C/Plunk pointed out how difficult it is to verify if the applicant's employees are parking off site. She expressed her concern that children will be crossing a busy street to get to the facility because there is inadequate parking. C/Li noted that parents have a responsibility to assure that children cross the street safely. He stated that, though he concurs with staff's decision to deny the application based upon the parking standards, he also concurs with the applicant's desire to expand his facility to increase his profit, especially since the applicant is willing to negotiate with the adjacent businesses for additional parking. The Commission voted upon C/flunk's Motion, as seconded by C/Grothe, to deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. The MOTION FAILED. AYES: COMMISSIONERS: Plunk and VC/Meyer. NOES: COMMISSIONERS: G r o t h e, L i, a n d Chair/Flamenbaum. ABSTAIN: COMMISSIONERS: None. Motion was made by C/Grothe and seconded by C/Plunk to direct staff to draft the resolution of approval outlining a variety of conditions deemed appropriate by staff, incorporating the following items discussed: 40 stalls on site to be maintained; a minimum of six (6) off site parking spaces to be provided during the noon hour on an adjacent property site; some form of traffic mitigation at the intersection, such as a crosswalk; and prior to granting the CUP, the applicant must demonstrate that the adjacent March 8, 1993 Page 7 property owner(s) have granted the off site parking. CDD/DeStefano, in response to C/Li, stated that staff will secure a document from the adjoining property owner(s) that concurs with the responsibility for allowing the six (6) parking spaces to be located on that property. An occasional spot check of the area will be conducted by staff. The Commission voted upon the Motion made by C/Grothe, as seconded by C/Plunk, to direct staff to draft a resolution of approval with the appropriate conditions. The MOTION CARRIED UNANIMOUSLY. AYES: COMMISSIONERS: Grothe, Plunk, Li, V C/ M e y e r a n d Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION APRIL 12, 1993 Commissioners: Grothe, Plunk, Li, Vice Chairman ROLL CALL: Meyer, and Chairman Flamenbaum. INFORMATIONAL CDD/DeStefano then reported that staff has received ITEMS: an appeal from the applicant of the Carls Jr. project in regards to some of the conditions that require off site parking. The appeal should be before the City Council about the middle of May of 1993. CDD/DeStefano also reported that the City Council approved the Crowley project, utilizing a site plan alternative previously rejected by the Planning Commission. City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 3 REPORT DATE: March 1, 1993 MEETING DATE: March 8, 1993 CASE/FILE NUMBER: Development Review No. 92-6 and Condition Use Permit No. 93-1 - an amendment to Conditional Use Permit No. 492-(1) APPLICATION REQUEST: A request to amend an existing Conditional Use Permit and process a Development Review in order to construct a children's play area with supervisory seating on an outdoor patio. PROPERTY LOCATION: 141 S. Diamond Bar Boulevard APPLICANT: Carl Karcher Enterprises, Inc. Mike Calahan, Remodel Construction Supervisor 222 S. Harbor Boulevard Anaheim, CA 92805 PROPERTY OWNER: Robert C. Weil 2601 Spring Oak Drive Santa Rosa, CA 95405 BACKGROUND: At the February 22, 1993 Planning Commission continued public hearing, an issue was discussed concerning the inadequacy of parking on the subject site caused by the proposed project. The Commission directed the applicant to cooperate with staff in finding alternatives which would alleviate the shortage of parking stalls on site. APPLICATION ANALYSIS: The following alternatives were discussed between staff and the applicant. One alternative discussed was redesigning the parking area in order to acquire more parking stalls. This is not feasible. As per the Code, the minimum dimensions of a parking stall is 18 feet long by 8 feet wide with a back-up isle of 26 feet. The dimensions of the existing stalls comply with code. It is possible to acquire more parking stalls by eliminating landscaped planters. The original Conditional Use Permit for the construction of the restaurant required that 7.5 % of the site be developed with landscaping. The current Code requires that a site within the CPD zone be developed with a minimum. 10% landscaping. Staff does not recommend that the landscaping be reduced in order to provide additional parking stalls. Two other alternatives discussed were incentives for ride -sharing and the utilization of other means of transportation besides the employee's car. Carl's Jr. exercises the incentive of free lunches to encourage employees to ride -share or to utilize other means of transportation besides their own car. There are approximately 12 to 16 employees per shift. In a correspondence dated February 23, 1993, the applicant states two employees utilize public transportation, two employees are driven to work, and two employees share rides. This eliminates 5 employee cars from parking on the subject site and leaves 6 employee cars needing parking spaces. Although employees are ride -sharing or using alternative means of transportation currently, this situation may not remain the same in the future. The applicant is also installing six bicycle racks hoping to encourage the utilization of bicycles as an alternative means of transportation. Another alternative that Staff suggested was a reciprocal parking agreement with a neighboring site to mitigate the parking shortage caused by the proposed project. The applicant does not feel that this is a possible alternative. Another option to consider is the availability of -parking on Gentle Springs Lane. Three parking spaces are available on Gentle Springs Lane adjacent to the drive-thru isle of the restaurant. Staff visited the site between 12 noon and 12:30 p.m. on February 26, March 1, March 2, and March 3, 1993. During these times, there was a minimum of five parking stalls available. The restaurant was more than half full. The stacking area for cars in the drive-thru lane was the parking area adjacent to the proposed playground area. On March 3, 1993, the stacking area was extended to the front entrance of the restaurant. ' No on-site parking spaces were available and a car was parallel parked adjacent to the side walk outside of the solarium. Also, there were no parking spaces available on Gentle Springs adjacent to or near Carl's Jr. Staff observed that during lunch time the Carl's Jr. site is congested. If the playground attracts more customers during the lunch time and extends the "stay", the turnover of parking spaces will decrease. The circumstances observed, along with the proposed playground will intensify the on site congestion and inadequacy of parking. Staff feels the design of the playground area is appropriate and compatible with the existing restaurant and the surrounding .area. However, staff believes that even with the implementation of several alternatives, the addition of the playground area isnot appropriate due to the fact that the number of parking spaces are inadequate for the potential occupancy load of the restaurant and the on-site congestion. RECOMMENDATIONS: Staff recommends that the Planning Commission deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. Attachments: Draft Resolution Site Plan and Elevations Correspondence dated February 23, 1993 Correspondence dated March 1, 1993 Correspondence dated March 2, 1993 Correspondence dated February 25, 1993 Staff Report dated February 22, 1993 March 2, 1993 Property Development 222 South Harbor Boulevard • P.O. Box 4999 Anaheim, CA 92803 • (714) 491-4300 Ms. Ann Lungu Planning Technician CITY OF DIAMOND BAR Planning Department 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 Re: Carl's Jr. Restaurant 141 S. Diamond Bar Boulevard D.R. #92-6/C.U.P. #93-1 Dear Ann: Because I was unable to provide specifics regarding employee ride sharing at the public hearing held February 22nd, the following is submitted: On an average weekday, eleven or twelve employees staff the restaurant during the noontime meal period 111:30 a.m. to 1:30 p.m.). On average, (2) people arrive by bus, (2) are dropped off by someone and (2) people share a ride. For the remaining individuals, our restaurant manager, Neil Camarella, will institute an incentive program to encourage alternative transportation, as follows: Those who use alternative transportation more than 50% of the time in a calendar week will be provided a free meal. Additionally, we will be approaching K -Mart with a request to allow (6) Carl's Jr. employee vehicles to be parked on its parking facility during the noontime meal period. I should know something definite by the end of this week. It is certainly in our best interest to decrease the number of employee vehicles driven to work. Ms. Ann Lungu City of Diamond Bar Page 2 As far as the issue of precedent is concerned, I believe our application, if granted, would not set a precedent for the following reasons: The application seeks to modify an existing Conditional Use Permit which is unique to the parcel of property and its Carl's Jr. business, including a drive-thru feature. 2. It would seem that in order to set a precedent, a similar existing business (restaurant) with a drive-thru, operating with a C.U.P. would have to make a similar application with and identical issue involved: parking. I realize that the continued date for the public hearing is only one week away, but I am willing to meet with you and discuss any concerns expressed by you or the Commissioners. Best Regards, CARL KARCHER ENTERPRISES, INC. Mike Calahan Project Manager MC/km cc: Bruce Flamenbaum, Chairman Planning Commission James DeStefano, Planning Director March 1, 1993 Property Development 222 South Harbor Boulevard " PO. Box 4999 Anaheim, CA 92803 " (714) 491-4300 Mr. George A. Wentz Interim City Engineer CITY OF DIAMOND BAR 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Re: Carl's Jr. Restaurant 141 South Diamond Bar Boulevard at Gentle Springs Lane Diamond Bar, California ' Dear George: As promised, I've inspected the Gentle Springs Lane maintenance situation as it relates to the Carl's Jr. property. As you can see from the enclosed photos, the paving repairs completed by various utilities, such as: General Telephone, Southern California Edison and L.A. County Water Department have not held up well. These "patch" jobs seem to be the major maintenance problem associated with Gentle Springs Lane. Apparently, some of these excavations were done to provide utility services to properties Southwesterly of Carl's Jr. In any event, we will repair and reseal the area of the road falling within the Carl's Jr. lease premises. Best Regards, CARL KARCHER ENTERPRISES, INC. Mike Calahan Project Manager cc: James DeStefano, Planning Director Bruce Flamenbaum, Chairman, Planning Commission Ann J. Lungu, Planning Technician Robert Zirbes, President, D.B.I.A. 194 __._..99I= February 25, 1993 Property Development 222 South Harbor Boulevard • P.O. Box 4999 Anaheim, CA 92803 • (714) 491-4300 Mr. George A. Wentz Interim City Engineer CITY OF DIAMOND BAR 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Re: Carl's Jr. Restaurant #135 141 South Diamond Bar Boulevard at Gentle Springs Lane Diamond Bar, California Dear George: Pursuant to our discussion this date, I will inspect that portion of Gentle Springs Lane which is a part of the Carl's Jr. lease premises and formulate a repair work scope. As do you, I feel that each individual property owner should properly maintain his or her property pursuant to the requirements of the C. C. & R. 's. It appears that CKE's portion of Gentle Springs Lane was excavated for some purpose, possibly by the County. It appears the excavation took place outside of the recorded utility easement. This excavation and attendant road paving repair appears to be the biggest maintenance item within CKE's lease premises. In all events, CKE will meet its commitments. Before initiating repairs, 1 would prefer to have a final resolution of our playground project application. If the project is approved, part of the work would include asphalt paving on the Carl's Jr. site. Due to cost considerations, CKE would do all repairs concurrently. This could allow time to contact other property owners regarding repairs of their portions of Gentle Springs Lane. o.— ---..,., Mr. George A. Wentz CITY OF DIAMOND BAR Page 2 I've enclosed a parcel map showing our property and the easement within Gentle Springs Lane. Best Regards, CARL KARCHER ENTERPRISES, INC. Mike Calahan Project Manager MC/km Enclosures cc: James DeStefano, Planning Director Bruce Flamenbaum, Chairman, Planning Commission Ann J. 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WI0 • vel. 0 I� • O co\ W POMONA FREEWAY ROUTE 60) Q' ,p .. iLr.,f../y i.,.f •r s.rJ{wu4.,y Fi.../ My — 4z'o' IMG 4!-f• , G * coO M Zi u •i 3L �, � �, 0.4/ Af. 1n 3 �ee.az' i /c• ♦7700' t---' 0 a � .•. 1, .� t..� G * coO M Zi u •i 3L �, � �, 0.4/ Af. 1n Kb ti �ee.az' 0 a � r..., c....../ V Ii{!, PALOMINO pa` TE / �e-.•.�•:ems a • ,{! fa Y 1. _ - - -xla. \ '.4 L• si•4e 7;. 1, .n•l•:o-,✓ _ '_J7c. roti c 47 217ff �� ORiVE M.s. 7-D A.,4- J6,—:' ...4,S r DRIVE q*' Carl'sir. FOR OVER so YEARS February CARL'S JR. RESTAURANTS Cart Karcher Enterprises Inc. 1200 North Harbor Boulevard p.0. Box 4349 Anaheim. CaWomia 928034349 (7 14) 774-5796 23, 1993 Ann J. Lungu COMMUNITY DEVELOPMENT DEPARTMENT CITY OF DIAMOND BAR 21660 E. Copley Drive, Suite #100 Diamond Bar, California 91765-4177 REFERENCE: Carl's Jr. Restaurant 141 S. Diamond Bar Blvd. D. R. #92-6/C. U. P. #93-1 Dear Ann: After reflection upon the comments of Planning Commissioners last evening, let me make the following observations: Commissioner Plunk's comments regarding parking stall size were well taken. We agree that shrinking stall width to add two stalls to the total count is not a good idea. However, all stalls would still be "standard" size according to City of Diamond Bar design criteria. Commissioner Grothe's remarks regarding employee incentives to ride -share or use other alternative transportation modes were very relevant. The restaurant manager, Neil Camarella, indicates that for each shift, at least two people use public transportation, two people are driven to work and two people share rides. This translates as excellent participation. Since Neil understands the importance or ride sharing, he has agreed to provide incentives for his employees to maximize participation. Additionally, we will be installing a six place bicycle rack. As you know, to date, CARL KARCHER ENTERPRISES, INC. has deposited $4,000.00 on account of Planning Application fees. Since the $2, 000.00 fee paid for a Variance Application was unnecessary, rather than seek a refund, we will agree that the sum of $2, 000.00 be paid in our name, into an existing traffic signal assessment fund for improvement of the Diamond Bar Boulevard/Palomino intersection. Vice -Chairman Meyer's suggestion of a traffic signal assessment of $4,500.00 is simply not possible for us to mike for this project. I hope the $2,000.00 offer is acceptable. Page 2 As far as providing maintenance for Palomino Street, we will review our lease and the C. C. & R. 's to determine any requirements in that regard. I'm t�� we now p our lord t�hting maintenance ould contact us i street maintenance assessments are in order. I do know fee regarding this private street. Let me offer the following conditions for approval of our Playground Project: 1. The Project shall be constructed substantially as shown in C. U. P. exhibits. 2. No fewer than forty (40) parking stalls shall be maintained on the site. 3. The play area is to meet all disabled access, fire egress process and that all necessary requirements as determined by the building plan check building permits be obtained prior to construction. 4. Applicant shall submit play area landscaping plans for approval. S. Applicant shall pay $2,400.00 into a Diamond Bar Boulevard/Palomino Street traffic signal assessment fund. The source of said funds being an overage paid on account of Variance Application fees. 6. The applicant shall install a six place bicycle rack on site. 7 The applicant shall continue ride -sharing incentives �eemeemployees. Protective Covenants, 8. 7he applicant shall abide by the terms of the Ag f Conditions and Restrictions, recorded February 26, 1974. CARL KARCHER ENTERPRISES, INC. believes this project is positive for our business and the community. ur earliest convenience so that we can move forward with the hearing Please contact me at yo process. Best regards, CARL KARCHER ENTERPRISES, INC. Mike Calahan Project Manager Mc/is cc: Bruce Flamenbaum, Chairman, City of Diamond Bar Planning Commission James Destefano, Development Director of Community P C.K.E. Corporate Counsel City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 4 REPORT DATE: February 2, 1993 MEETING DATE: February 22, 1993 CASE/FILE NUMBER: Development Review No. 92-6 and Condition Use Permit No. 93-1 - an amendment to Conditional Use Permit No. 492-(1) APPLICATION REQUEST: A request to amend an existing Conditional Use Permit and process a Development Review in order to construct a children's play area with supervisory seating on an outdoor patio. PROPERTY LOCATION: 141 S. Diamond Bar Boulevard APPLICANT: Carl Karcher Enterprises, Inc. Mike Calahan, Remodel Construction Supervisor 222 S. Harbor Boulevard Anaheim, CA 92805 PROPERTY OWNER: Robert C. Weil 2601 Spring Oak Drive Santa Rosa, .CA 95405 BACKGROUND: The applicant, Carl Karcher Enterprises, Inc., is requesting to construct a children's play area with supervisory seating on an outdoor patio located on the northwest side of an existing one(1) story building which is houses a Carl's Jr. restaurant with a drive-thru lane. The project site is located at 141 S. Diamond Bar Boulevard. Originally, the proposed project was to be presented to the Planning Commission on February 8, 1993. Due to the fact that the proposed project requires an amendment to an existing Conditional Use Permit, the public hearing was continued until February 22, 1993 in order to readvertise the project. The project site is approximately .60 acres. It is located in a Commercial Planned Development (CPD) and has a General Plan land use designation of General Commercial (C). Generally, the following uses surround the site: to the north is the Pomona Freeway; to the south is 1 CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 - BE) zone; to the west is CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. In April 1989, the City adopted the County of Los Angeles Planning and Zoning Code which is utilized at this time. As per the Code, all uses permit in a (Restricted Business zone (C-1) are permitted in a CPD zone with a Conditional Used Permit (C.U.P.). As a result, the original project was approved through a C.U.P. process. When changes to the original project are proposed, an amendment to the original C.U.P. are required. The original approval (C.U.P. 492-(1) to construct a Carl's Jr. restaurant was approved in 1974 by the Los Angeles County Regional Planning Commission. The existing restaurant has approximately 30 employees and two (2) shifts. The maximum number of employees per shift is between 12 and 15. The hours of operation are Sunday through Thursday from 6 a.m. to 12 a.m. and on Friday and Saturday from 6 a.m. to 1 p.m. According to the original approval, hours of operation are Sunday through Thursday from 7 a.m. to 11 p.m. and on Friday and Saturday from 7 a.m. to 12 midnight. APPLICATION ANALYSIS: The applicant is proposing to add a structure of 810 square feet to be utilized as an outdoor children's play area to an existing 3,298 square foot quick service restaurant. The play area will contain playground equipment and supervisory. seating. The proposed playground area will be located on the north side of the existing restaurant. The construction of the play area will cause the loss of four (4) parking spaces. The height of the proposed playground structure will be 12 feet 3 inches. It will be enclosed with a roof and six (6) feet high wrought iron fencing painted forest green. The playground structure and equipment will be painted yellow and red to match the corporate colors of Carl Karcher Enterprises. New planter areas with landscaping and irrigation and concrete walkway will be added to the exterior area surround the proposed playground structure. The playground equipment is designed to meet the United States Consumer Products Safety Commission guidelines for safety of design and materials. The playground is designed for use by children four (4) feet tall or less. It will be continuously monitored by the restaurant management. The use of the playground area will be limited to the patrons of Carl's Jr. Children must be accompanied by a parent or other adult supervisor. The applicant feels that a playground addition to the restaurant will increase business. The applicant also feel that the playground area is needed to maintain its existing customer base and to compete on an equal footing with area competitors whose restaurants have playgrounds. The proposed project was reviewed by the City's Engineering and the Building and Safety Departments. The Engineering Department does not feel that the proposed play area will have and adverse impact on the traffic circulation. However, a concern was expressed relating to the 2 location of the entrance/exit gate on the west side of the play area. The utilization of this gate would cause restaurant patron to walk across the drive-thru lane to reach some of the parking spaces. To remedy this situation, the gate should be eliminated. If this is done, the supervisory seating on the east side of the play area would need to be relocated to the south side of the play area. This would provide the clear access required by the Building and Safety Department for entrance/exit areas. The Building and Safety Department will also require the applicant to comply with handicapped accessible standards. The main concern with the construction of the play area is the loss of parking spaces. As per the original approval for the construction of the restaurant, 42 parking spaces are required. Forty-three (43) parking spaces are maintained on the site at this time. The construction of the play area will cause four (4) parking spaces to be deleted leaving 39 parking spaces. The applicant is proposing to eliminate an existing planter located at the western portion of the site and relocate the light standard within the planter. The light standard would be relocate to the planter adjacent to the trash enclosure also locate on the western portion of the site (see Exhibit "A"). In the space of the eliminated planter, a parking space would be provided. This would create a total of 40 parking spaces. As per the original approval, 7.5% of the subject site is to be landscaped. The elimination of one (1) planter does not effect this requirement because landscaping will be added to the exterior of the play area. As per the County of Los Angeles Planning and Zoning Code, occupancy of a structure utilized for entertainment, assemble and dining shall provide one (1) or more parking spaces for each three (3) persons based on occupant load determined by the Building and Safety Department. The Building and Safety Department calculated occupancy load is as follows for this project: Dining Room 101 Order Area 36 Kitchen 4 Play area 22 Total 163 Occupants With the total occupancy of 163, a total of 54 parking spaces are require. The project site will be deficient by 14 parking spaces. The reality of the situation is that the order and dining areas will probably not be occupied to capacity. But, there are 12 to 16 employees working per shift and parking spaces must be provided. There is parking available on a public street. However, parking on a public street is not credited toward the amount of parking spaces required for a particular use. The applicant states that approximately 42% of the business at this Carl's Jr. restaurant is drive-thru. Therefore, the 40 parking spaces provided will be sufficient. However, by expanding the restaurant, the use is intensified and by code will require an increase in the number of available parking spaces. The applicant believes that the playground area will increase business during the non -peak business hours. Staff feels the playground area could also increase business during the peak hours as well. It will cause patron to expand the time spent at the restaurant during the peak hours, thereby causing an increase demand on the number of parking spaces needed. Staff has suggested that a reciprocal parking agreement with a neighboring site might mitigate the parking problem for the proposed project. The applicant does not feel that this is a possible alternative. Staff feels the design of the playground area is appropriate and compatible with the existing restaurant and the surrounding area. However, staff believes that the addition of the playground area is not appropriate due to the fact that the parking spaces are not adequate for the potential occupancy load of the restaurant. NOTICE OP PUBLIC HEARING: This item has been advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Tribune on February 4, 1993. Notices were mailed to approximately 14 property owners within a 500 foot radius of the project site on February 2, 1993. ENVIRONMENTAL ASSESSMENT: The environmental evaluation indicate that the proposed project could not have a significant effect on the environment. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project requires a Negative Declaration. RECOMMENDATIONS: Staff recommends that the Planning Commission deny Development Review No. 92-6, and Conditional Use Permit No. 93-1. Attachments: Draft Resolution Application Initial Study Environmental Checklist Negative Declaration Exhibit "A" - Site Plan and Elevations Slide Presentation Drive-Thru Sales Report Building Official Memo date January 29, 1993 Engineering Memo dated January 28, 1993 Conditions of Approval from C.U.P.492-(1) 4 C11Y OF DIANIU_yJ - DEPARTMENT OF' PLAItiNING Recvd 21660 E. Copley Drive Suite 190 Fee $ aoos� (714)396-5676 Fax ;714)861-3117 Receipt 57 (,-7 CONDITIONAL USE PERMIT APPLICATION By Record Owner(s) Applicant Applicant's Agent Name Weil, Robert Karcher. Carl Ent.Inc Calahan Richard (Last name first) Address 2601 Spring l?Rk Dr. 222 S. Harbor Bl.. #300 222 S Harbor B1 #300 City Santa Rosa. CA__ Anabdim� CA. 92805 Anahpim A 928M Z ip 95405 9281 9 805 Phone( ( 714) 491-4300 ( 714 491-4304 (Attach separate :sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations) CONSENT: I consent to the submission of the application accompanying this request Signed (SEE A7TACENM) Date 11-15-92. (ALL recorded owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name: Richard M. Ca.lahan (Apple angor Agent) Signed ZiW Date 2$93 (App scant or gen Location Carl's Jr Restaurant, 141 S Diamond Har B1 Diamond Bar CA 9170.5 (Street address or tract and Lot nudger) Zoning Cam omial HNM Previous Cases N/A Present Use of Site Quick -Service Restaurant with Drive-Thru Use applied for Quick -Service Restaurant with appurtenant children play area with supervisory seating on an outdoor patio. No change in current use. io Project size (gross acres) 768 s.f. Play Area) Project density Existing - N/A Domestic water Source Existing — N/A Company/District Existing —.N/A Method of Sewage disposal gyi�ring — N/A Sanitation District FScisJpZ — N/A Grading of Lots by Applicant? Yes No X (Show necessary grading design on site plan or tent map) APPROPRIATE BURDENS OF.PROOF MUST ACCOMPANY REQUEST LEGAL DESCRIPTION (all ownership comprising the proposed lots)/parcel(s) (SW ATTACBIETP) (patio + Area devoted to structures 768 'Play Area)Landscaping/Open space 200 s.f. Residential Project: N/A and N/A (gross area) (No. of lots) Proposed density N/A (Units/Acres) ** Parking Required Provided Standard 38 38 Compact 0. 2 Handicapped 2 2 Total 40 42 ** Original C.U.P. Exhibits depicted 42 stalls ** Applicant's analysis per V.B.C. and City Standards. ** Applicant has met Diamond Bar Improvement Association criteria for parking and D.B.I.A. has approved this project. D.B.I.A. parking required = 39 Paftug provided = 42 Note: City planning staff and applicant do not agree on the arithmetical method for determining occupancy load per U.B.C. Additionally, it is applicant's position that occupancy load calculations per U.B.C. sections 3.902. (a) do not address parking needed and therefore is an invalid and illogical method for determining parking requirements, particularly for existing, approved uses. CITY OF DIAMOND BAR DEPARTMENT OF PLANNING 21660 E. Copley Drive Suite 190 (714)396-5676 Fax (714)860-3117 DEVELOPNENT REVIZW APPLICATION Record Owner(s) Name Weil, Hobert C. (Last26U1 f�) Oak �. Address im City Santa Rosa, CA 95405 Zip Phone( Casette I?, cl 2- 13 Recvd Fee $ O Receipt- k -74,7 By Applicant Carl Karcher Ent., Inc. P.O. Bax 4999 Anaheim, CA 92803 ( 714) 491-4300 Applicant's Agent Mike Calahan 222 S. Harbor Blvd., #300 Anaheim, CA 92805 (714) 491-4304 (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures•, and directors of corporations) CONSMfT: Z co/resent to the subm"sion of the application accompanying this request Signed - X z ,, /,- -/-4' - 9 x (All recorded owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the infoiwation herein provided is correct to the beat of my knowledge. Printed Name: Richard M. (Applicant or Agent) Signed Date //- Z3 -f2 (Applicant or Agent) Location Carl's Jr. Restaurant, 141 S. Diamond Bar Blvd., Dianond.Bar, CA 91765 (Street address or tract and lot nnber) Zoning commercial HNH WA Previous Cases- Present Use of Site Quick service restaurant Use applied for Quick service restaurant with a®nrl eanwnt children play area with supervisory seating on an outdoor patio. LEGAL DESCRIPTION (all ownership comprising the proposed lot s)/parcel(s) See att dhad dasccrript on patio and Area devoted to structures 768 Sq. Ft. Landscaping/open space 200 Sq. Ft. Proposed density NO 9 (Un is Acres) Style of Architecture Ccqpatible with existing Number of Floors Proposed Existing Slope of Roof N/A I 0 FRONTIRIGBT SIDE ELEVATIONS RIGHT ELEVATIONS r .! IL dam CONDITIONAL USE PERMIT CASE NO. 482-(1) CONDITIONS 1. This permit shall not be effective for any purpose until a duly has filed at the authorized representative of the owner of the property involved affidavit statingothatehefisaid awaregof,laandlanning accepts, Commission his conditions of this permit; 2. It is hereby declared to be the intent that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse; 3. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the Privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days; 4. That all requirements of the Zoning Ordinance and of the specific zoning of subject property must be complied with unless set forth in the permit or shown on the approved plot plan; 5. That three copies of a revised plot plan, similar to that presented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval of the Planning Director. The property shall thereafter be developed and maintained in substantial conformance with said plan; 6. That three copies of a landscape plan which may be incorporated into a revised plot plan, shall be submitted to, and approved by, the Planning Director prior to the issuance of a building permit. The landscape plan shallshow size, type, and location of all plants, trees, and water facilities; 7. That applicant shall construct any improvements required by the Los Angeles County Road Commissioner; 8. That provisions be made for all natural drainage to the satisfaction of the County Engineer. Drainageplans and two signed grading plans shall be submitted to the County Engineer, Design Division, approval prior to grading or construction; for 9. That subject facility be developed and maintained in compliance With requirements of the Los Angeles County Health Officer. Adequate water and sewage facilities shall be provided to the satisfaction of said Health Officer; 10. That applicant shall secure any necessary permits from the Air Pollution Control District; Ll. That a minimum of 42 off-street parking spaces be provided on the subject property; parking shall be developed in accordance with Section 749.4 of the Zoning Ordinance; 2. That except for the accessway, a masonry wall 24 inches in height shall be constructed along the frontages of subject property, set back three feet from the property line; 3. That acceptance of the conditions of this grant shall be recorded with -the County Recorder, a CONDITIONAL USE PERMIT CASE NO. 482-(1) CONDITIONS Page 2 /i4, That a minimum of 7.5$ of the subject property shall be developed to landscaping within the subject property boundaries. Such land- scaping shall be in excess of the minimum required by Section 750 ` f a •� r of the Zoning Ordinance; inance; r �ti r `may A �h j /15e That a single, eight foot high, freestanding, monument type, advertising illuminated =� g si n 9 may be placed on the subject property's Diamond Bar Boulevard frontage; X6, That two (2) additiona unlighted signs may be placed upon the walls of the proposed bUi 17. That a two sided, illuminated menu board'�mav be placed near the proposed buildipg and one two foot high en'rance sign may be placed at each of the two entrances of the subject property; 18. That the proposed restaurant may operate from Sunday through Thursday, during the hours of 7:00 a.m. and 11:00 p.m. and on Fridav and Saturday until 12:00 midnight; /19, That an entrance marker of at each of five feet maximum height may be placed the two entrances of the subject property; 20. That unless this grant is used within a year from the date of i Regional Planning Commission approval, the grant will expires ,•n 3 (A one --year time extension may be requested ex prior to such j expiration date.) JRS:EDF:1J 10-10-74 i � E - 80 C EOBZB "h '�4auv rV'Y� 31f�s v� a.r awnv)q am,o.ararn. ® ® a o uasuta 6ee.■oo ca M"� 3'Ji� �d�r� 80 C �� i•llrN tV e 0 ij 3 u � sI 71 a � l WCIT161, (Yt4) 1 ♦ IM i f00Z0 � YYpyot - VFW J.YbI '�'> 'tl++a► p e60Y:aqua talo( �� "# M" ILIWID(►IU cooz Aa� moRM"F x.: }n a ' q = -� April 13, 1993 Mike Calahan, Project Manager Carl Karcher Enterprises, Inc. Property Development P.O. Box 4999 Anaheim, CA 92803 Re: Construction of a Children's Play Area at the Carl's Jr. Restaurant, 141 S. Diamond Bar Blvd., CUP 93-1/DR 92-6 Dear Mr. Calahan: Your appeal regarding Specific Conditions of Approval contained in Planning Commission Resolutions No. 93-7 and 93-8 dated March 22, 1993, has been tentatively set for consideration at the City Council meeting of May 18, 1993. To confirm this date, a copy of the City Council agenda will be mailed to you a few days before the meeting. Sincerely, Lynda Burgess, CMC/AAE City Clerk cc: Community Development Di ---- q-7 ;- ---- Carl'sir. Property Development ...... 222 South Harbor Boulevard • PO. Box 4999 Anaheim, CA 92803 (714) 491-4300 March 29, 1993 Registered Mail Return Receipt Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 E. Copley Drive, Suite #100 Diamond Bar, CA. 91765 NOTICE OF APPEAL REFERENCE: Application of Carl Karcher Enterprises, Inc. for construction of a Children's Play Area at the Carl's Jr. Restaurant, 141 S. Diamond Bar Boulevard. CUP #93-1/DR #92-6. An Appeal of Specified Conditions of Approval contained in Planning Commission Resolutions, No. 93-7 and 93-8, made March 22, 1993. Dear Ms. Burgess: Please consider this communication as Applicant's Notice of Appeal taken from the Planning Commission's above- referenced Resolutions. Applicant's grounds for Appeal are as follows: 1.) The imposition of Condition (d) in each of the Resolutions opposes the finding of Approval and Intent of the Commission, in that: A.) The imposition of Condition (d) is so onerous it is tantamount to denial of Applicant's Application. B.) Applicant believes that had the Commission been fully informed of the true nature of said Condition (d), no such Condition would have been imposed. C.) Several less burdensome alternatives are available which would achieve the same or similar result. Notice of Appeal City of Diamond Bar Page 2 D.) It is a practical and economic impossibility for Applicant to comply with Condition (d). Even if Applicant were to obtain an off-site parking lease, at a reasonable cost, (which is highly unlikely), there exists the potential for imposition of further conditions as outlined in Part 7, Chapter 22.56, County of Los Angeles Planning and Zoning Code. The entire process is fraught with problems both for the Applicant and the City of Diamond Bar. E.) The conclusions reached in the findings would be the same with or without the imposition of Condition (d). F.) If a parking shortage does exist, it exists only during the noontime meal period (11:30A.M. to 1:30 P.M.). Applicant currently has procedures for of -site employee parking during noontime. G.) The three parking stalls along the Southeast side of Gentle Spring Lane are in fact on private property and as such are a part of the Carl's Jr. leased premises. H.) Since condition (d) was imposed as part of a consent item, applicant was not offered an opportunity to state its position respecting said condition. Therefore, based upon the foregoing and upon all other applications, memoranda, correspondence or other documentary or other evidence presented by applicant or others, applicant respectfully requests that the City Council take the following actions respecting Planning Commission Resolutions 93-7 and 93-8, enacted March 22, 1993: 1.) Strike condition (d) in its entirety , or in lieu thereof, substitute the following: "Applicant shall make provision for off-site employee parking during noontime meal period. " 2.) Strike the following phrase in conditions (e) and (f): "Unless otherwise required pursuant to part 7, chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the... " 3.) Strike the following phrase in conditions (e), (f), (g) and (h): "..., within 30 days of approval of this resolution, ... " Notice of Appeal City of Diamond Bar Page 3 4.) Except as stated in items 1, 2 and 3, above, the findings and conditions are to remain in full force and effect. Copies of the resolutions with proposed changes, along with a copy of Part 7, Chapter 22.56, are attached as exhibits to Appellant's Appeal. Respectfully submitted, CARL KARCHER ENTERPRISES, INC. Mike Calahan Project Manager (714) 491-4304 Mc/is cc: Mr. Bruce Flamenbaum, Chairman, Planning Commission Ms. Ann Lungu, Planner RESOLUTION NO. 93-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-1 AMENDING CONDITIONAL USED PERMIT NO. 492-1 AND NEGATIVE DECLARATION NO. 93-1, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. A. Recitals 1. Mike Calahan, Remodel Construction Supervisor of Carl Karcher Enterprises, Inc. has filed an application for Conditional Use Permit No. 93-1 amending Conditional Use Permit No. 492-1 to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "Application". 2. on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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, including the subject Application, within the City of Diamond Bar. 3. The City of'Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on February 22, 1993 conducted a duly noticed public hearing on said Application. The public hearing was continued to March 8 and to March 22, 1993. 1 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby certifies that an Initial Study and Negative Declaration were prepared which analyze this Application and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The Planning Commission 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 Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding the provisions of the paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: OA (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant identified as Carl's Jr. within the Commercial Planned Development (CPD) zone. The subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. (f) Approval of this project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (g) Approval of this project will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site. (h) The project will not jeopardize, endanger or otherwise constitute a menace to public health, safety, -or general welfare. (i) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on February 4, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on February 2, 1993. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, and 4 and Kll conditions set forth below in this Resolution presented to the Planning Commission on March 22, 1993 continued Public hearing as set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to plans labeled Exhibit All dated February 22, 1993. (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction implementation of the entitlements addition, or The removal of all trash, debris grantedand refuse, n shall whether during or subsequent to constructio be done only by the property owner by duly permitted waste contr; applicant or actor, who has been authorized by the City to provide collection, transportation, and 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. (c) The Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. s Conditional Use Permit vali rights shall be and no bui permits connection therewi less Permit for six (6) Chapter 22.56 of Planning and Zoning U-- L_-_ .. . shall not be deemed exercised thereunder, shall be issued in an off-site Parking spac rsuant to Part 7, the County Los Angeles Code as adopted b City install a six -place bicycle rackApponucant site. shall hThe Applicant shall submit, ef- 6h4! 4F86014 -tion, a revised site plan indicating the location of the bicycle rack for review and approval by the Planning Division. (f) P "Han- and Geunty Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, wt#a}n 38 4 days ct— approuzlcg this recaiItion, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area and relocated the benches as per the requirements of the Building and Safety Division. The Applicant shall submit, withiLn ZG da}c s€ appvval e€ this a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, 444kin-a A dayg o€ approval a€ this the landscape and irrigation plans for review and approval of the Planning Division. (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1. (j) The applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant. (1) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (m) This grant shall not be effective unless Development Review No.92-6 which is being processed concurrently herewith is approved. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 5 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE 22ND DAY OF MARCH, 1993, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: �( Bruce Flamenbaum, Chairman I, James Destefano, Secretary of the Planning Commission 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 Planning Commission held on the 22nd day of March, 1993, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, Meyer, Plunk NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] Li ABSTAIN: [COMMISSIONERS:,] _ ATTEST: I. J�mes'DeStefano, Secretary 6 RESOLUTION NO. 93-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 92-6 AND NEGATIVE DECLARATION NO. 93-1, " AN APPLICATION. TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. A. Recitals 1. Mike Calahan, Remodel Construction Supervisor of Carl Karcher Enterprises, Inc. has filed an application for Development Review No. 92-6 to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd:, Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Development Review application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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, including the subject Application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on February 22, 1993 conducted a duly noticed public hearing on said Application. The public hearing was continued to March 8 and to March 22, 1993. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 B. Resolution NOW, THEREFORE, it is found, determined and resolved' by" the' Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby certifies that an Initial Study and Negative Declaration were prepared which analyze this Application and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration. 3. The Planning Commission 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 Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. Notwithstanding the provisions of the paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant identified as Carl's Jr. within the Commercial. Planned Development (CPD) zone. The K subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the following land uses and zoning surround the subject site: to the north i's the Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. (f) Approval of this project will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (g) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) . (i) The design of this project will provide a desirable environment for its occupants 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. 3 (i) Notification of the public hearing for this project has been made in the San Gabriel valley Tribune and the Inland Valley JQaily Bulletin newspapers on February 4, 1993. Notification of 14 property owners within a 500 foot radius of the project site was mailed on February 2, 1993. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, and 4 and conditions set forth below in this Resolution presented to the Planning Commission on March 22, 1993 continued public hearing as set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to plans labeled Exhibit "A" dated February 22, 1993. (b) The subject site 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 duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and 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. (c) The Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. vali , rights shall be exercised thereunder, and no bun permits shall be issued in connection therewi less an off-site Parking Permit. for six (6) space suant to Part 7, Chapter 22.56 of the County s Angeles Planning and Zoning Code as adopted by ity has been (e) Ghaptew 22-56 .at tiz_--colla yOf. Los Angeler. Plaaaiag aad,—UoeiA4 Com--th Applicant shall install a six -place bicycle rack on site. The Applicant shall submit, --within 3G days of apiar-evr 4 (f) a revised site plan indicating the location of the bicycle rack for review and approval by the Planning Division. P18RtIMq and Zoning Cc: % %fie- Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, within 30 days of approval of this resolution, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area 'and relocated the benches as per the requirements of the Building and Safety Division. The Applicant shall submit, within 3G daya od app*ovai er t ie a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, w}t#ifi 2A daya of apprem-i of #his the landscape and irrigation plans for review and approval of the Planning Division. (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1 and Development Review No. 92-6. (j) The Applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant.. (1) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed at the City of Diamond Bar community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 5 (m) This grant shall not be effective unless Conditional Use Permit 93-1 which is being processed concurrently herewith is approved. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE 22ND DAY OF MARCH, 1993, BY THE PLANNING COMMION OF THE CITY OF DIAMOND BAR. BY: Bruce Flamenbaum, Chairman I, James Destefano, Secretary of the Planning Commission 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 Planning Commission held on the 22nd day of March, 1993, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, Meyer, Plunk NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] Li ABSTAIN: [COMMISSIONERS: ATTEST: J�m 'OeStefano, Seceta`r 6 SOL 56.990 CHAPTER 21.56 385 PART 7 - CHAPTER 22.56 PARKING PERMITS •sEcroHs: 22.56.990 22.56.1050 Establishment — Purpose. 22.56.1000 Application — Filing time. 22.56.1010 Application — Information required. 22.56.1020 Application — Burden of proof. 22.56.1030 Application — Fee and deposit 2256.1040 Repealed. 22.56.1050 Application — Notice requirements. 22.56.1060 Application — Findings and decision. 22.56.' 1M Appeal procedures. 22.56.1067 Review by Board of Supervisors. 22.56.1070 Agreement to develop following termination of approved use. 22.56.1080 Commission decision — Effective date. 22.56.1090 Effective date when an appeal is filed. All regulations apply unless permit is granted. •22.56.1100 22.56.1110 Imposition of additional conditions. 22.56.1120 Continuing validity of permit. 22.56.1130 Termination on cessation of use or occupancy. 2256.1140 Permit does not legalize nuisances. 22.56.990 ESTABLISHMENT — PURPOSE. A. The parking permit procedure is established to provide an alternative to the parking requirements of Chapter 22.52 in the event that a particular use does not have the need for such requirements. B. It is the intent to provide more flexibility in the design of particular uses that have special characteristics by reducing the number of parking spaces otherwise required for such uses, including- 1. ncluding1. Senior citizens' and persons' housing developments where few of the residents will own their own automobiles; 2. Certain uses where parking requirements are based upon floor area of a structure but bear no relationship to the number of employees, customers, etc., on the premises or the trade conducted; 3. Businesses which provide their employees, customers, or others with positive incentives to use means of transportation other than the automobile. C. It is the intent to conserve land and promote efficient land use by allowing: 1. The dual or shared use of parking facilities by two or more uses; 2. Tandem parking for non-residential uses; 4f 3. Compact parking spaces for apartment houses. D. It is the intent to provide greater flexibility and opportunity to meet the parking requirements by allowing: 1. Off-site parking facilities; 2. The short-term leasing of required parking spaces; DECEMBER 1986 3N CHAPTER 2256 SOL 56. 0 (Cont) — 56.1"010 3. Transitional parking for parcels with rear lot lines abutting commercial or industrial zones; 4. Uncovered parking for low and moderate income housing. (Ord. 83-0161, Sec. 63, Ord. 1494 Ch. 5 Art. 13 Sec. 131, 1927.) 22.56.1000 APPLICATION — FILING TIME. Any persons desiring a parking permit provided for in Part 7 may file an application with the Planning Director; provided, that no application shall be filed or accepted if final action has been taken within one year prior thereto by the Director, Commission or Board of Supervisors on an application requesting the same or substantially the same, permit. (Ord. 83-0161, Sec. 64; Ord. 1494 Ch. 5 Art. 13 Sec. 513.2, 1927.) 22.56.1010 APPLICATION — INFORMATION REQUIRED. Application for a parking permit shall contain the following information: A. Name and address of the applicant and of all persons owning any or all of the property proposed to be used; B. Evidence that the applicant: I. Is the owner of the premises involved, or 2. Has written permission of the owner or owners to make such application, or 3. Is or will be the plaintiff in an action of eminent domain to acquire the premises involved or any portion thereof, or 4. In the case of a public agency, is negotiating to acquire a portion of the premises involved; C. Location of the subject property (address or vicinity); D. Legal description of the property involved; E. The nature of the requested use, indicating the business, occupation or purpose for which such building, structure or improvement is to be occupied or used; F. The nature, condition and development of adjacent uses, buildings and structures; G. Two site plans, drawn to a scale satisfactory to and in the number of copies prescribed by the Director, indicating: 1. The area and dimensions of the proposed site for the requested use, and 2. On the first site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, as if no parking permit is applied for, and 3. On the second site plan, the location and dimensions of all structures, yards, walls, fences, parking and loading facilities, landscaping, and other development features, including any land area reserved to satisfy normal parking requirements should the use or occupancies change, as if the parking permit were granted; H. The dimensions and state of improvement of the adjoining streets and highways providing access to the proposed site of the requested use; I. Other permits and approvals secured in compliance with the DECEMBER 1966 t t 1 4 • Sec. 56.1010 (Cont.) — 56.1020 CHAPTER 22.56 387 provisions of other applicable ordinances; J. With each application the applicant shall also file: 1. Maps, in the number prescribed and drawn to a scale specified •by the Director, showing the location of all property included in the request, the location of all highways, streets, alleys and the location and dimensions of all lots or parcels of land within a distance of 700 feet from the exterior boundaries of such proposed use, and 2. One copy of said map shall indicate the uses established on every lot and parcel of land shown within said 700 -foot radius, and 3. A list, certified to be correct by affidavit or by a statement •under penalty of perjury pursuant to Section 2015.5 of the Code of Civil Procedure, of the names and addresses of all persons who are shown on the latest available assessment roll the County of Los Angeles as owners of the subject property and as owning property within a distance of 500 feet from the exterior boundaries of the area actually to be occupied by the use. One copy of said map shall indicate where such ownerships are located; K. A description of the unique characteristics of the proposed use • and/or special programs which are proposed which reduce the need for the required number of parking spaces or warrant modification of the parking requirements of Part 11 of Chapter 22.52; L. A vicinity map showing the location of transit lines, park-and-ride facilities, people -movers, bikeways or other similar facilities which provide alternate transportation modes; A f ff 't ki th fili M. When a parlung permit is proposeor o -si VF ng, a ng requirements listed in this section shall apply to all parcels under consideration. In addition, the Director shall provide notice of the permit and of any public hearing required for such proposal for all parcels •independently using the procedures contained in this Part 7 in Part 4 of Chapter 22.60 of this Title 22; and N. Such other information as the Director may require. 0. The Director may waive the filing of one or more of the above items. P. The accuracy of all information, maps and lists submitted shall •be the responsibility of the applicant. (Ord. 83-0161, Sec. 65, Ord. 1494 Ch. 5 Art. 13 Sec. 513.3, 1927.) 22.56.1020 APPLICATION — BURDEN OF PROOF. In addition to the information required in the application by Section 22.56.1010, the applicant shall substantiate the following facts: A. That there will be no need for the number of parking spaces required by Part 11 Chapter 22.52 because: is1. The age and/or physical condition of the residents is such that the use of automobiles is unlikely; or 2. The nature of the use is such that there is a reduced occupancy; or 3. The business or use has established a viable transportation program for its employees and/or customers to use transportation modes other than the single -occupant automobile. Such a program shall include 388 CHAPTER 22.56 Sec. 56.1020 (Cont.) — 56.1030 positive incentives such as van pools, transit fare subsidies, commuter travel allowances, car pools or bicycle commuter facilities. Where appropriate, proximity to freeways with high -occupancy vehicle (HOV) lanes, bus routes, park-and-ride facilities, people -movers, rapid transit stations, bikeways, or other similar facilities shall be a factor in this consideration; or 4. Sufficient land area is reserved or an alternative arrangement is approved to insure that the parking requirements may be complied with should the use, occupancy, or transportation program change. Such reservation or alternative may be waived for certain senior citizen and handicapped person housing developments where the Director finds that it is unnecessary because of the anticipated permanent nature of such use. If required, the reserved land area shall be so located and developed in such a manner that it can be feasibly converted to parking if needed., B. That there will be no conflicts arising from special parking arrangements allowing shared facilities, tandem spaces or compact spaces because: 1. Uses sharing parking facilities operate at different times of the day or days of the week; or 2. Parking facilities using tandem spaces will employ valets or will utilize other means to insure a workable plan; or 3. Apartment houses using compact spaces for a portion of the required parking have a management program or homeowners' association to assure an efficient distribution of all parking spaces. C. That off-site facilities, leases of less than 200 years, rear lot transitional parking lots and uncovered residential parking spaces will provide the required parking for uses because: 1. Such off-site facilities are controlled through ownership, leasing or other arrangement by the owner of the use for which the site serves and are conveniently accessible to the main use; or 2. Such leases are written in such a way as to prevent multiple leasing of the same spaces or cancellation without providing alternate spaces; such leases shall contain other guarantees assuring continued availability of the spaces; or 3. Such transitional lots are designed to minimize adverse effects on surrounding properties; or • 4. Uncovered parking for low and moderate income residential developments will be appropriately screened and compatible with the surrounding neighborhood. D. That the requested parking permit at the location proposed will not result in traffic congestion, excessive off-site parking, or unauthorized use of parking facilities developed to serve surrounding property; E. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, landscaping and other development features prescribed in this Title 22. (Ord. 83-0161, Sec. 66; Ord. 1494 Ch. 5 Art. 13 Sec. 513.4, 1927.) 22.56.1030 APPLICATION — FEE AND DEPOSIT. When an application is Sec. 56.1030 (Cont) — 56.1060 CHAPTER 22.56 389 filed, it shall be accompanied by the filing fee and deposit as required in Section 22.60.100. (Ord. 1494 Ch. 5 Art. 13 § 513.5, 1927.) 22.56.1040 APPLICATION — DENIAL FOR LACK OF INFORMATION — RE- PEALED (Ord. 0161, Sec. 67.) 22.56.1050 APPLICATION — NOTICE REQUIREMENTS. A. In all cases where an application is filed, the Director shall cause a notice indicating the applicant's request at the location specified to be forwarded by first class mail, postage prepaid, to: — 1. All persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 500 feet from the exterior boundaries of • the property on which the permit is filed. A notice shall also be sent in a similar manner to "occupant" at the site address in those cases where the mailing address of any owner of property required to be notified under the provisions of this subsection differs from the site address of such property. In the case of an apartment house, a notice addressed to "occupant" shall be mailed to each dwelling unit; and 2. Such other persons or groups whose property or interests might, in his judgment, be affected by such application or permit. B. Such notice shall also indicate that any person, opposed to the granting of such permit, may express such opposition by written protest to the Director within 15 days after receipt of such notice. (Ord. 83-0161, § 68, Ord. 1494, Ch. 5, Art. 13, § 513.7, 1927.) 22.56.1060 APPLICATION — FINDINGS AND DECISION. A. The Director shall approve an application for a parking permit where the following findings are made: 1. That the applicant has met the burden of proof set forth in Section 22.56.1020; and 1, 2. That no written protest to the proposed parking permit has been received within 15 days after the applicant's receipt of the notice sent by the Director pursuant to Section 22.56.1050 B. The Director shall deny the application where the information submitted by the applicant fails to substantiate the findings to his satis- faction. C. The Director shall send a notice of his decision to the applicant and any person requesting notification and anyone who has filed a written protest. Such notice shall indicate than an appeal may be filed pursuant to Section 22.56.1065. D. The decision of the Director shall become final and effective 15 days after receipt of notice of action by the applicant, provided that neither a written appeal of the action taken has been filed with the Commission within such 15 days following notification nor has a further review by the Commission of the Director's decision been initiated by the Board of Supervisors, or a member of the Board of Supervisors. E. In all cases where a written protest has been received, there the Board of Supervisors, either individually or collectively, requests, a public hearing shall be scheduled before the Hearing Officer. In such case all procedures relative to notification, public hearing and appeal SEPTEMBER 1986 390 CHAPTER 22.56 Sec. 56.1060 (Cont) — 56.1080 shall be the same as for a conditional use permit. Following a public hearing the Hearing Officer shall approve or deny the proposed modifi- cation, based on the findings required by this section for approval by the Director exclusive of written protest. (Amended by Ord. No. 86-0145, Eff. 9126186) 22.56.1065 APPEAL PROCEDURES. A. Any person dissatisfied with the action of the Director may file an appeal of such action with the Commission within 15 days of receipt of notification by the applicant. Upon receiving either a notice of appeal or a request of further review initiated by one or more members of the Board of Supervisors within the appeal period, the Commission shall take one of the following actions: 1. Affirm the action of the Director; or 2. Refer the matter back to the Director for further review with or without instructions; or 3. Set the matter for public hearing. In such case, the Commission's decision may cover all phases of the matter, including the addition or deletion of any condition. B. In rendering its decision, the Commission shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the Director unless it is itself conducting a public hearing on the matter. (Ord. 85-0195, Sec. 34, Ord. 83-0161, Sec. 70; (Ord 83-0161, Sec. 70.5. ) 22.56.1067 REVIEW BY BOARD OF SUPERVISORS. In addition to the procedure for initiation of appeals pursuant to Section 22.60.200, within the appeal period, one or more members of the Board of Supervisors may request further review by the Board of Supervisors of a Commission action on a parking permit. (Ord. 83-0161, Sec. 70.5.) 22.56.1070 AGREEMENT TO DEVELOP FOLLOWING TERMINATION OF APPROVED USE. A. Where a parking permit is approved, the owner of the land shall furnish and record an agreement in the office of the County Recorder of Los Angeles County, California, as a covenant running with the land for the benefit of the County of Los Angeles, provided that, should such parking permit terminate, the owner or his successor in interest will develop the parking spaces needed to bring the new use or occupancy into conformance with the requirements of Part 11 of Chapter 22.52 at the time such new use or occupancy is established. B. Where a parking permit is approved for off-site parking, the agreement shall be recorded on both the lot or parcel of land containing the principal use as well as the lot or parcel of land developed for off-site parking. C. All agreements shall be reviewed and approved by the Planning Director and County Counsel prior to recordation. (Ord. 83-0161, § 71; Ord. 1494, Ch. 5, Art. 13, § 513.10, 1927.) 22.56.1080 COMMISSION DECISION — EFFECTIVE DATE. The decision of the Commission shall become final and effective 15 days after receipt of notice of action by the owner or operator of such use, provided no appeal of the action taken has been filed with the Executive Officer - Clerk of the Board of Supervisors pursuant to Part 5 of Chapter 22.60. SEPTEMBER 1966 • • Sec. 56.1080 (Cont.) — 56.1110 CHAPTER 22.56 391 (Ord. 1494 Ch. 5 Art. 13 § 513.14, 1927.) 22.56.1090 EFFECTIVE DATE WHEN AN APPEAL IS FILED. Where an appeal is filed to any parking permit, the date of decision by the •Commission or the Board of Supervisors of such appeal, whichever is later, shall be deemed the date of grant in determining said expiration date. (Ord. 83-0161, § 72; Ord. 1494 Ch. 5 Art. 13 ¢ 513.12, 1927.) 22.56.1100 ALL REGULATIONS APPLY UNLESS PERMIT IS GRANTED. Unless specifically modified by a parking permit, all regulations prescribed in Part 11 of Chapter 22.52 shall apply. (Ord. 1494 Ch. 5 Art. 13§513.15, 1927.) • 22.56.1110 IMPOSITION OF ADDITIONAL CONDITIONS. Ina approving an PP g application for a parking permit, additional conditions may be imposed as deemed necessary to insure that the permit will be in accord with the findings required by Section 22.56.1060. Conditions imposed may include those in Section 22.56. 100 and, in addition, the following conditions shall be imposed where applicable, unless specifically waived or modified: •A. The required parking spaces for senior citizens and handicapped persons may be reduced to not less than one space for each four dwelling units; B. Where reduced occupancy is a primary consideration in the approval of a parking permit, the maximum occupant load for such use be established; ishall C. Where special programs are proposed to reduce the parking requirement, they shall be reviewed annually to determine their effectiveness. In the event that such programs are terminated or unsuccessful, the property owner shall supply the required parking; D. The required parking spaces for all uses other than a senior citizens' and handicapped housing development may be reduced to not less than 50 percent of the parking spaces required by Part 11 of Chapter 22.52; E. Where land is required to be reserved to insure that sufficient area is available to meet the parking requirements, restrictions shall be imposed on such land so that it can feasibly be converted to parking if •needed; F. Where shared parking facilities are approved, operating conditions such as hours or days of operation shall be established for each use sharing the facility; G. Where tandem parking is proposed for non-residential uses, there shall be valets or other persons employed to assist in the parking of automobiles. The ratio of valets to parking spaces shall be established. parking of automobiles by valets on public streets shall be prohibited. •The Each tandem parking space shall be eight feet wide; the length of the space shall be 18 feet for each automobile parked in tandem. Parking bays shall contain only one end. Bays 4 four parldng spaces may be permitted where access is available from both ends. _ H. Where compact parldng is proposed for apartments, no more than 40 percent of the required spaces shall be for compact automobiles. A program to manage the distribution of parking spaces shall be approved • A. 1,�.• J►'"ER 22.56 Sec. 56.1110 (Cont' and operated by the a 1 1« -it ment management or a homeowners' associa- tion. I. If off-site aut nniobile parking facilities are proposed, such k, facilities must be within •100 feet from any entrance of the use to which they are accessory. Yaeking for employees shall be located within 1320 feet from the entrancE to such use. Directions to such facilities shall be 4, clearly posted at the Ti incipal use. kJ. Where leasing of parking facilities is proposed for any period less than 20 years, the applicant shall guarantee that the leased spaces are available for his sole u3e, the lease shall be recorded in the office of the County Recorder and the applicant shall demostrate that he has the ability to provide the required number of spaces should the lease be cancelled or terminated, Except for the term of the lease, the provisions of Subsection A of V S ecr,' ion 22.52.1020 relating to leases shall apply. A copy of such lease shall be submitted to the Planning Director and County Counsel for review and approval. Other conditions including, but not limited to, requiring title reports, covenants and bonding may also be imposed where necessary to insure the continued availability of leased parking spaces. K. Where transitional parking is proposed for lots whose rear lot line adjoins or is separated only by an alley from a commercial or industrial zone, no access is permitted from the parking facility to the street on which the lot fronts. The parking facility shall be developed in accordance with the standards of Part 11 of Chapter 22.52 and Section 22.20.090, unless specifically waived or modified by the parking permit. The hours and days of operation shall be established to prevent conflicts with adjoining less restrictive uses, and the facility shall be secured to prevent unauthorized use during times when the facility is closed. L. Where uncovered parking is proposed for low and moderate income housing, the following setback and screening provisions shall be complied with: 1. Uncovered parking spaces shall not be located in the required front, side, corner side or rear yards except in those places where garages or carports are permitted in accordance with Part 2 of Chapter 22.48. 2. Uncovered parking spaces shall be screened' by a 6 -foot high solid fence or wall or by a 3 -foot wide planting strip along the sides of the parking space if the space is located within 10 feet of any property line. a. Landscaping material in the planting strip shall consist of evergreen trees and/or shrubs of such size, spacing and character that they form an opaque screen five to six feet high within two years of planting. This landscaping must be continuously maintained. b. Such buffering by walls, fences or landscaping is optional where the lots or parcels of land adjoining the uncovered parking area are developed with parking facilities, either covered or uncovered. 3. Uncovered parking spaces will be permitted only for those units actually designated for low or moderate income housing. M. In the event that any applicant and/or property owner is unable to comply with the provisions of the arkin 't th 0 • • • • • 11 w or which permit has been granted shall be terminated, � f reduced, d, or removed unless 3 Sec. 56.1110 (Cont.) — 56.1140 CHAPTER 22.56 393 some other alternative method to provide the required parking is approved by the Director. N. The parking permit shall be granted for a specified term where •deemed appropriate. (Ord. 83-0161, Sec. 73; Ord.1494Ch. 5Art.13§513.9,1927.) 22.56.1120 CONTINUING VALIDITY OF PERMIT. A parking permit that is valid and in effect, and was granted pursuant to the provisions of this Title 22, shall adhere to the land and continue to be valid upon change of ownership of the land or any lawfully existing building or structure on said land. (Ord. 1494 Ch. 5 Art. 13 § 513.16, 1927.) 22.56.1130 TERMINATION ON CESSATION OF USE OR OCCUPANCY. An •approved parking permit shall terminate and cease to be in effect at the same time the principal use or occupancy for which such permit is granted terminates. (Ord. 1494 Ch. 5 Art. 13 § 513.11, 1927.). 22.56.1140 PERMIT DOES NOT LEGALIZE NUISANCES. Neither the provision of this Part 7 nor the granting of any permit provided for in this Part 7 authorizes or legalizes the maintenance of any public or private nuisance. (Ord. 1494 Ch. 5 Art. 13 § 513. 13P 1927.) S • • • • CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF COUNCIL OF THE CITY OF DIAMOND BAR, pursuant to state law, that the City Council will conduct a public hearing on: A request to appeal Conditions of Approval set forth by the Planning Commission to construct a children's play area with supervisory seating in an outdoor patio, as well as reducing the parking requirements of an existing fast food restaurant located at 141 S. Diamond Bar Blvd. APPLICANT: Carl Karcher Enterprises, Inc., P.O. Box 4999, Anaheim, CA 92803 DATE: May 18, 1993 TIME: 7:00 p.m. LOCATION: AQMD Auditorium, 21865 E. Copley Dr. Diamond Bar, Ca ENVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project requires a Negative Declaration. To preview case materials or for further information on this subject please contact the City Clerk's Office at (714) 860-2489. If you challenge this appeal and project in court, you may be limited to raising only those issues you or someone else raised at the public heaing described in this notice, or in written correspondence delivered to the City Clerk's Office,. at or prior to, the public hearing. PUBLISHED: San Gabriel Valley Tribune: April 21., 1993 Inland Valley Daily Bulletin: April 21, 1993 _ /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar OWNERSHIP LIST WITHIN 500' OF 630 So. Diamond Bar Blvd., Diamond Bar J.N. 10-9 1 Live Stock Equip. Leasing 1972 E. Haller Covina, CA 91724 4 Soman Properties Inc. Tax Department Bin K Covina, CA 91722 C/O Kmart Corp. 7 Chevron USA Inc. P.O. Box 7611 San Francisco, CA 94120 10 Diamond Bar Assn. 1342 Bell Ave., #3H Tustin, CA 92680 C/O Bundy Properties 13 Mario Del Hoyo 213 E1 Vado Rd. Diamond Bar, CA 91765 2 Robert Weil Tr 1200 N. Harbor Blvd. Anaheim, CA 92803 C/O C. Karcher Ent. #135 5 R I C 781 LTD P.O. Box 460069 Escondido, CA 92046 8 Core Investment Corp. 699 S. Vermont Ave. Los Angeles, CA 90005 11 Vons Grocery Co. P.O. Box 3338 Term Annex Los Angeles, CA 90054 3 Franchise Realty Interstate P.O. Box 66207 AMF OHare Chicago, ILL 60666 6 SX Diamond Bar 259 Gentle Spring Lane Diamond Bar, CA 91765 9 Shell Oil Co. P.O. Box 2099 Houston, Texas 77252 12 Robert Hall 205 El Vado Rd. Diamond Bar, CA 91765 Carl Karcher Enterprises P.O. Box 4999 Anaheim, CA 92803 Attn: Mike Calahan CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 1t_ TO: Terrence L. Belanger, City Manager REPORT DATE: May 13, 1993 MEETING DATE: May 18, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Along the Proposed Metal Beam Guard Railing on the Northerly Side of Gland Avenue SUMMARY: On April 20, 1993, the City Council directed staff to evaluate various landscaping options along the proposed guardrails on the northerly side of Grand Avenue. At this time, staff propose that no landscaping be installed and that the construction of guardrails be limited to no more than 2,000 lineal feet. RECOMMENDATION: That the City Council consider limiting construction to no more than 2,000 lineal -feet of guardrails with no additional landscaping. LIST OF ATTACHMENTS: X Staff Report Resolution(s) _ Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) —Other: Vicinitv Man an Existing Landscayina Plan 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney.9 ority or 4/5 vote? Majority 2. Does the report require a maj 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _Yes X No Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: REVIEWE �BY: Terrence L. Belaiger George A. entz City Manager Interim City Engineer CITY COUNCIL REPOK Y AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Along the Proposed Metal Beam Guard Railing on the Northerly Side of Grand Avenue ISSUE STATEMENT No further landscaping be installed and limit construction of guardrails to no more than 2,000 lineal -feet. RECOMMENDATION That the City Council consider limiting construction to no more than 2,000 lineal -feet of guardrails with no additional landscaping. FINANCIAL SUMMARY No cost will be incurred if no additional landscaping are proposed. BACKGROUND/DISCUSSION On April 20, 1993, the City Council directed staff to evaluate various landscaping options and bring back a landscaping proposal for consideration. Based on staff's field investigation, a landscaping plan delineating existing utilities and landscaping has been prepared and is attached herewith for your use. As discussed previously, when curb and gutter are present, guardrail should be placed at the edge of the curb with the face of the guardrail aligned with the curb face. This assures that the guardrail functions properly as intended. The Contractor has indicated that the guardrails will be installed in accordance with the design standards and that he will not deviate from those standards. Pursuant to the design guidelines, where guardrail is proposed in an area that is or may be landscaped, the growth pattern of the planting should be considered. Some plantings build up a mat of vegetation that in time may reduce the effectiveness of a railing. Other plantings produce dense willowy branches that can lay down in front of a vehicle and ramp it up and over guardrail. Where these conditions occur, the planting should be eliminated or periodically trimmed to ensure that the guardrail performs as intended. 1 Metal Beam Guard Railing May 13, 1993 Page Two As shown on the attached plan, with the exception of the "sidewalk area", adequate landscaping of turf, hedges, and street trees exist along the northerly side of Grand Avenue. The city could consider additional landscaping behind the sidewalk area in the vicinity of Grand Avenue/Rolling Knoll Road. However, with a parkway width of eight (8) feet, the area behind the back of sidewalk belongs to the individual property owners. Therefore, we should encourage the property owners to beautify this strip. It should be noted that with the addition of guardrails and existing landscaping layout, pedestrians/ joggers can adequately access the parkway. If additional landscaping are considered, access may partially restricted Prepared By: David G. Liu �T I �4 4� hR<a 5 .7 x .r_ <9, e 4 2 � A' <Cj V cr) i 07 k N J � 0<) CD <0,6 _ r. . f <oe Ln Yx (OE } st 01 1res, it R so, ---� 00 r ru:n7 .. LZTY 4r- DiAMCND �.iR AGENDA REPORT AGENDA NO. �'- TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 11, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 38 SUMMARY: Pursuant to the City Council's direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 38 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 38 and direct the City Clerk to advertise the public hearing before the Council at the regular meeting of June 15, 1993. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) _ Other: Engineer's Rog Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terr Ace L. BelAger pOK rge A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT Pursuant to the City Councils direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 38 for the 1993-94 Fiscal Year. A copy of this report is attached for your review. RECOMMENDATION It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 38; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 38. FINANCIAL SUMMARY The revenues generated by the District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION The attached Engineer's Report for the City's Landscaping Assessment District Number 38 which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 17,100. The amount assessed upon the lands within District Number 38 for Fiscal Year 1992-93 was $15.00 parcel. The amount estimated to be assessed for Fiscal Year 1993-94 is to remain at $15.00. The assessments will be utilized towards the Golden Springs Drive Medians from Gona Court to westerly City limits and general maintenance of City's medians and parkways. Prepared By: David G. Liu 1 RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highway Code (SS 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this 'Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code S 22623. (iii) New improvements include landscaping and construction of the median islands on Golden. Springs Drive from Gona Court to westerly City limits, but no other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (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: is 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Landscaping Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1993-94 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972", on that area designated "City of Diamond Bar Landscaping Assessment District No. 38", as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: (a) New improvements include landscaping along Brea Canyon Cut-off Road. (b) The maintenance and possible future replacement of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, pruning, fertilization, pest control, weed control, the installation or construction of curbs, gutters walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance, servicing, landscaping and related work shall be within the area of 2 Landscaping Assessment District No. 38 as shown on Exhibit "A-1". 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscaping Assessment District No. 38 for fiscal year 1993-94. Said proposed assessment per lot is the amount of $15.00. 6. This Council hereby fixes 7:00 p.m. on June 15, 1993 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots within City of Diamond Bar Landscaping Assessment District No. 38 for fiscal year 1993-94 and hereby gives notice of said hearing. 7. The City Clerk shall: a. Certify to the adoption of this Resolution; and b. Cause a true and correct copy of this Resolution to be published to California Government Code S 6066. 3 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, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of , 1993 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar n 1993 - 94 ENGINEER'S REPORT for the City of Diamond Bar Landscaping Assessment District No. 38 Prepared By: ASL Consultants, Inc. 55 E. Huntington Drive, Suite 200 Arcadia, California 91006 SECTION 1. AUTHORITY FOR REPORT This report is prepared under the authority and direction of the City Council of the City of Diamond Bar pursuant to their Resolution No. 93-27 and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972. SECTION 2. PLANS AND SPECIFICATIONS The plans and specifications for the improvements within the district are on file in the City Hall of the City of Diamond Bar and are available for public inspection. Reference is hereby made to said plans and specification for the exact location and nature of the improvements and is hereby made a part of this report. SECTION 3. ESTIMATE OF COSTS OF IMPROVEMENTS The total estimated costs for the maintenance of improvements within the district are as follows: REVENUE: Approp. Fund Balance Prop. Tax & Assessments Interest Revenue TOTAL APPROPRIATIONS: Personal Services Operating Expenses Professional Services Contract Services Capital improvements Reserves TOTAL *Note Capital Improvements Include: Golden Springs Drive Medians From Gona Court to Westerly City Limits 1992-93 1993-94 Amended Budget Recommended Budget 97,294 162,454 256,500 256,500 2.000 $353,794 $420,954 35,500 35,500 69,000 81,000 9,000 10,000 41,500 41,500 131,500 252,954- 67,294 $353,794 $420,954 $252,954 SECTION 4. DIAGRAM FOR DISTRICT Landscapi ng Assessment Di stri ct No. 38 i s a ci ty wi de district and consists of all assessable parcels located within the boundaries shown on the Assessment Diagram labeled "Exhibit A-1" attached hereto. SECTION 5. ASSESSMENT The landscape and open space improvements have been established and are maintained for the safety and enjoyment of all the properties within the assessment district boundaries, and all parcels within the district benefit from the improvements. The amount estimated to be assessed upon the lands within the district and the amount apportioned to each assessable parcel within the district is shown in the table below. Estimated Estimated Estimated Assessment No of Assessment Requirements Parcels Per Parcel $256,500 17,100 $15.00 1992-93 1993-94 Assessment Assessment Per Parcel Per Parcel Difference $15.00 $15.00 $0.00 Respectfully submitted, Brian Krcelic Assessment Engineer CITY OF DIAMOND DAR AGENDA REPORT AGENDA NO,,/- ). / - 2, TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 11, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 39 SUMMARY: Pursuant to the City Council's direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 39 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 39 and direct the City Clerk to advertise the public hearing before the Council at the regular meeting of June 15, 1993. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) _ Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) _ Other: Engineer's Report _ Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? _ 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: _ REVIEWED BY: Terrence L. Bel er George A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 39 ISSUE STATEMENT Pursuant to the City Council's direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 39 for the 1993-94 Fiscal Year. A copy of this report is attached for your review. RECOMMENDATION It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 39; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 39. FINANCIAL SUMMARY The revenues generated by the District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 1,250 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 1992-93 was $73.50 per parcel. The amount estimated to be assessed for Fiscal Year 1993-94 is to remain at $73.50. The assessments will be utilized to maintain mini parks, slopes, and open space areas within District 39. Prepared By: David G. Liu 1 RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highway Code (§§ 22500, et. seq.). The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (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. 1 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Landscaping Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1993-94 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 197211, on that area designated "City of Diamond Bar Landscaping Assessment District No. 39111 as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and possible future replacement of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, pruning, fertilization, pest control, weed control, the installation or construction of curbs, gutters walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance, servicing, landscaping and related work shall be within the area of Landscaping Assessment District No. 39 as shown on Exhibit "A-211. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City 2 of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscaping Assessment District No. 39 for fiscal year 1993-94. Said proposed assessment per lot is the amount of $73.50. 6. This Council hereby fixes 7:00 p.m. on June 15, 1993 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots within City of Diamond Bar Landscaping Assessment District No. 39 for fiscal year 1993-94 and hereby gives notice of said hearing. 7. The City Clerk shall: a. Certify to the adoption of this resolution; and b. Cause a true and correct copy of this Resolution to be published to California Government Code § 6066. PASSED, ADOPTED AND APPROVED this day of , 1993. Mayor M I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of , 1993 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 1993 - 94 ENGINEER'S REPORT for the City of Diamond Bar Landscaping Assessment District No. 39 Prepared By: ASL Consultants, Inc. 55 E. Huntington Drive, Suite 200 Arcadia, California 91006 SECTION 1. AUTHORITY FOR REPORT This report is prepared under the authority and direction of the City Council of the City of Diamond Bar pursuant to their Resolution No. 93-28 and in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972. SECTION 2. PLANS AND SPECIFICATIONS The plans and specifications for the improvements within the district are on file in the City Hall of the City of Diamond Bar and are available for public inspection. Reference is hereby made to said plans and specification for the exact location and nature of the improvements and is hereby made a part of this report. SECTION 3. ESTIMATE OF COSTS OF IMPROVEMENTS The total estimated costs for the maintenance of improvements within the district are as follows: APPROPRIATIONS: Personal Services 1992-93 1993-94 Operating Expenses _Amended Budget Recommended Budget REVENUE: 2,500 2,500 Approp. Fund Balance 164,400 81,081 Prop. Tax & Assessments 91,875 91,875 Interest Revenue 6,200 4,000 TOTAL $256,275 $176,956 APPROPRIATIONS: Personal Services 31,500 31,500 Operating Expenses 53,200 63,000 Professional Services 2,500 2,500 Contract Services 75,000 72,000 CapitaL Improvements 57,500 Insurance 6,200 Reserves 30,375 7,956 TOTAL $256,275 $176,956 SECTION 4. DIAGRAM FOR DISTRICT Landscaping Assessment District No. 39 consists of all assessable parcels located within the boundaries shown on the Assessment Diagram labeled "Exhibit A-2" attached hereto. SECTION 5. ASSESSMENT The landscape and open space improvements have been established and are maintained for the safety and enjoyment of all the properties within the assessment district boundaries, and all parcels within the district benefit from the improvements. The amount estimated to be assessed upon the lands within the district and the amount apportioned to each assessable parcel within the district is shown in the table below. Estimated Estimated Estimated Assessment No of Assessment Requirements Parcels Per Parcel $91,875 1,250 $73.50 1992-93 1993-94 Assessment Assessment Per Parcel Per Parcel Difference $73.50 $73.50 $ 0.00 Respectfully submitted, Brian Krcelic Assessment Engineer CITY OF DIAb1Q1*D Dna AGENDA REPORT AGENDA NO. /0 1-,2 TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 11, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Number 41 SUMMARY: Pursuant to the City Council's direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 41 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. RECOMMENDATION: It is recommended that the City Council approve the Engineer's Report, adopt the attached Resolution to declare the City's intention to levy and collect assessments for District Number 41 and direct the City Clerk to advertise the public hearing before the Council at the regular meeting of June 15, 1993. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) — Ordinances(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Other: Engineer's Revort _ Agreement(s) 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bel er eorge A. Wentz City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 41 ISSUE STATEMENT Pursuant to the City Councils direction of April 20, 1993, staff has prepared the Engineer's Report for District Number 41 for the 1993-94 Fiscal Year. A copy of this report is attached for your review. RECOMMENDATION It is recommended that the City Council approve the Engineer's Report; adopt the attached Resolution to declare City's intention to levy and collect assessments for District Number 41; and direct the City Clerk to advertise the public hearing before the Council on the question of the levy of the proposed assessments on assessable lots within District Number 41. FINANCIAL SUMMARY The revenues generated by the District are proposed to pay for it. There will be no impact on the City's General Funds. BACKGROUND/DISCUSSION The attached Engineer's Report for the City's Landscaping Assessment District Number 41 which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the existing District is 550 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 1992-93 was $220.50 per parcel. The amount estimated to be assessed for Fiscal Year 1993-94 is to remain at $220.50. The assessments will be utilized towards the Brea Canyon Cut-off Road landscaping improvements and general maintenance of mini parks, slopes, and upon space areas within District 41. Prepared By: David G. Liu 1 RESOLUTION No. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON. A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highway Code (SS 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code S 22623. (iii) New improvements include landscaping along Brea Canyon Cut-off Road but no other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (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: i � 1 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Landscaping Assessment District No. 41 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 1993-94 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972", on that area designated "City of Diamond Bar Landscaping Assessment District No. 41", as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: (a) New improvements include landscaping along Brea Canyon Cut-off Road. (b) The maintenance and possible future replacement landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, pruning, fertilization, pest control, weed control, the installation or construction of curbs, gutters walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance, servicing, landscaping and related work shall be within the area of 2 Landscaping Assessment District No. 41 as shown on Exhibit "A-3". 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Landscaping Assessment District No. 41 for fiscal year 1993-94. Said proposed assessment per lot is the amount of $220.50. 6. This Council hereby fixes 7:00 p.m. on June 15, 1993 in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots within City of Diamond Bar Landscaping Assessment District No. 41 for fiscal year 1993-94 and hereby gives notice of said hearing. 7. The City Clerk shall: a. Certify to the adoption of this resolution; and b. Cause a true and correct copy of this Resolution to be published to California Government Code S 6066. K 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, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of , 1993 by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar n 1993 - 94 ENGINEER'S REPORT for the City of Diamond Bar Landscaping Assessment District No. 41 Prepared By: ASL Consultants, Inc. 55 E. Huntington Drive, Suite 200 Arcadia, California 91006 SECTION 1. AUTHORITY FOR REPORT This report is prepared under the authority and direction of the City Council of the City of Diamond Bar pursuant to their Resolution No. 93-29 and in compliance with the requirements of Article 4, Chapter 1. Landscaping and Lighting Act of 1972. SECTION 2. PLANS AND SPECIFICATIONS The plans and specifications for the improvements within the district are on file in the City Hall of the City of Diamond Bar and are available for public inspection. Reference is hereby made to said plans and specification for the exact location and nature of the improvements and is hereby made a part of this report. SECTION 3. ESTIMATE OF COSTS OF IMPROVEMENTS The total estimated costs for the maintenance of improvements within the district are as follows: REVENUE: Approp. Fund Balance Prop. Tax & Assessments Interest Revenue TOTAL APPROPRIATIONS: Personal Services Operating Expenses Professional Services Contract Services Capital Improvements Reserves TOTAL *Note Capital Improvements Include: 1992-93 1993-94 Amended Budget Recommended Budget 104,738 92,952 121,275 121,275 2.800 $226,013 $217,027 25,800 25,800 53,000 55,000 1,900 2,000 60,000 57,000 25,000 25,000* 60,313 52,227 $226,013 $217,027 Brea Canyon Cut-off Road Landscaping Improvements $ 25,000 SECTION 4. DIAGRAM FOR DISTRICT Landscaping Assessment District No. 41 consists of all assessable parcels located within the boundaries shown on the Assessment Diagram labeled "Exhibit A-3" attached hereto. SECTION 5. ASSESSMENT The landscape and open space improvements have been established and are maintained for the safety and enjoyment of all the properties within the assessment district boundaries, and all parcels within the district benefit from the improvements. The amount estimated to be assessed upon the lands within the district and the amount apportioned to each assessable parcel within the district is shown in the table below. Estimated Estimated Assessment No of Requirements Parcels $121,275 550 1992-93 1993-94 Assessment Assessment Per Parcel Per Parcel $220.50 $220.50 Respectfully submitted, �',)� 1�-�, Brian Krcelic Assessment Engineer Estimated Assessment Per Parcel $220.50 Difference $ 0.00 G1TY OF 01AMOND 1SAK AGENDA REPORT AGENDA NO. 2C .2 TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 13, 1993 FROM: Bob Rose, Community Services Director TITLE: A Resolution of the City Council of the City of Diamnd Bar approving plans and specifications for City-wide Street Tree Maintenance in said city and authorizing and directing the City Clerk to advertise to receive bids. SUMMARY: The City of Diamond Bar is about to complete its first year of City-wide street tree maintenance with a private tree maintenance firm. The work provided by the private contractor has been excellent, however, in order to get the best price for scheduled tree trimming services, it is necessary to take the contract out to bid. In keeping with the five-year plan for trimming Diamond Bar's 11,000 street trees, staff has identified 1,954 trees that will require routine service during the 1993/94 fiscal year. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. XX accepting the plans and specifications for city-wide street tree maintenance and to direct the City Clerk to advertise for and receive bids. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X Resolution(s) X Bid Specifications (on file in City Clerk's Office) Ordinances(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: 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? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEW D Y: iw, Terretice L. Belan r Bob Rose City Manager Community Services Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: City-wide Street Tree Maintenance Contract ISSUE STATEMENT: The City of Diamond Bar is about to complete its first year of City-wide street tree maintenance with a private tree maintenance firm. Staff has identified 1,954 trees that will require routine trimming during fiscal year 1993/94. In order to get the best price possible for this routine service, it is necessary to take the street tree maintenance contract out to bid. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. XX accepting the plans and specifications for city-wide street tree maintenance and to direct the City Clerk to advertise for and receive bids. FINANCIAL SUMMARY: The City Council has appropriated $100,000 in the current 1992/93 fiscal year for City-wide street tree maintenance. As of this date, $46,415 has been expended for street tree maintenance. Cost to trim 1,954 trees in fiscal year 1993/94 is estimated to be $60,000. To provide as -needed emergency work is estimated at $30,000. Therefore, the total City-wide street tree maintenance contract for 1993/94 should total about $90,000. BACKGROUND/DISCUSSION: The City of Diamond Bar is about to complete its first year of City-wide street tree maintenance by a private tree maintenance firm. Over the past year, 905 trees were trimmed, and 52 dead or hazardous trees were removed. This service was provided under a two pronged approach. (1) routine maintenance is scheduled every five years for each of the City of Diamond Bar's 11,000 street trees. (2) as -needed work is completed on an emergency basis, when public health and safety needs are at issue. The service provided by the current private tree maintenance firm, West Coast Arborist, has been excellent. However, in order to get the best possible price for the scheduled maintenance of about 1,954 trees during fiscal year 1993/94, it is necessary to take the contract out to bid. PREPARED BY: Bob Rose, Director of Community Services CITY OF DIAMOND BAR STATE OF CALIFORNIA SPECIFICATIONS FOR CITYWIDE STREET TREE MAINTENANCE The City Clerk of the City of Diamond Bar, California will receive at her office in the City Hall, in said City, until 11:00 a.m. on Tuesday, June 15, 1993 sealed proposals for the performance of the above described services. CITY OF DIAMOND BAR Gary G. Miller, Mayor Phyllis E. Papen, Mayor Pro Tem John A. Forbing, Councilmember Dexter MacBride, Councilmember Gary H. Werner, Councilmember Terrence Belanger, City Manager TABLE OF CONTENTS NOTICE OF INVITING SEALED BIDS . . . . . . . . . . . . . INFORMATION FOR BIDDERS . . . . . . . . . . . . . . . . . BIDDER'S PROPOSAL . . . . . . . . . . . . . . . . . . . . SCHEDULE OF PRICES i* . . . . . . . . . . . . . . . . . CONTRACTOR'S INDUSTRIAL SAFETY RECORD . . . . . . . . . . NON -COLLUSION AFFIDAVIT . . . . . . . . . . . . . . . . . FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . . LABOR AND MATERIAL BOND . . . . . . . . . . . . . . . . . BIDDER'S BOND . . . . . . . . . . . . . . . . . . . . . . AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . TECHNICAL SPECIFICATIONS . . . . . . . . . . . . . . . . 4 - 8 9 - 15 16 - 17 18 - 21 22 23 24 25 26 - 27 28 - 35 36 - 41 42 - 52 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . 53 SPECIFICATIONS FOR CITYWIDE STREET TREE MAINTENANCE RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR CITYWIDE STREET TREE MAINTENANCE IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to maintain certain improvements in the City of Diamond Bar WHEREAS, the City of Diamond Bar has prepared plans and specifications for the maintenance of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the plans and specifications presented to the City of Diamond Bar to be and are hereby approved as the plans and specifications for Citywide Street Tree Maintenance. SECTION 2. That the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following works and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of the City of Diamond Bar, on or before the hour of 11:00 o'clock A.M. on Tuesday, June 15, 1993, sealed bids or proposals for Citywide Street Tree Maintenance in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for Citywide Street Tree Maintenance". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of 4 California is required to and has determined such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party upon request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5 as amended, requires the Contractor of subcontractor employing tradesmen in any apprenticeable occupation to apply the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certifi- cate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing entic shat least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 5 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standard, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. 6 The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class C-27 or C-61 Contractor, at the time of award in accordance with the provisions of the contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application to the City of Diamond Bar and payment of $5.00, said $5.00 is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non - reimbursable payment of $5.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 9-3 of the General Provisions, as set forth in the plans and Specification regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. The Engineer's Estimate is: By order of the City Council of the City of Diamond Bar, California. Dated this 18th day of May, 1993. 7 ADOPTED AND APPROVED this day of , 1993. MAYOR ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed,, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at such time and place as is stated in the Notice Inviting Sealed Bids. All bids should be made in accordance with the provisions of the Standard Specifications for Public Works Construction, 1991 Edition. All blanks on the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that the bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashiers or certified.check or by a bid bond in the amount of not less than ten percent (10%) of the amount named in the proposal. Said check or bond shall be made payable to the City Clerk of the City of Diamond Bar and shall be given as a guaranty that the bidder, if awarded the work, will enter into a contract within ten (10) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter said contract, the check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed. 3. SIGNATURE: The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 4. MODIFICATIONS: Changes in or addition to the bid form, recapitulations of the work bid upon, alternative proposals or any other modifications of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered but a telegraphic modification may be considered and only if a postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. The bid submitted must not contain any erasures, interlineation, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. 5. DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not in fact add to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown. The estimated quantities and amounts are for the purpose of comparison of bids only. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered as to the character, quality, and quantity of materials to be furnished, and as to the requirements of the contract, specifications and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the proposal. By submitting a bid, the bidder will be held to have personally examined the site and the drawings, to have carefully read the specifications, and to have satisfied himself as to his ability to meet all the difficulties attending the execution of the proposed contract before the delivery of his proposal, and agrees that if he is awarded the contract, he will make no claim against the City of Diamond Bar based on ignorance or misunder- standing of the contract provisions. 7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 8. INSURANCE AND BONDS: The Contractor shall not commence work under this contract until he has secured all insurance and bonds required under this section nor shall be allow any subcontractor to commence work on this subcontract until all similar insurance and bonds required of the subcontractor have been obtained. All insurance issued in compliance with this section shall be issued in the form, and be an insurer of insurers, satisfactory to and first approved by the City in writing. Certificates of insurance in the amounts required shall be furnished by the contractor to the City prior to the commencement of work. The contractor shall maintain adequate Workmen's Compensation Insurance under the laws of the State of California for all labor employed by him or by any subcontractor under him who may come within the protection of such Workmen's Compensation Insurance laws. The contractor shall maintain public liability insurance to protect said contractor and the City against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said contractor and the City against loss from liability imposed by law, for damage to any property, damage insurance shall be maintained by the contractor in full force and effect during the entire period of performance under this contract, in the amount of not less than $500,000 for one person injured in the accident and in the amount of not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $500,000 with respect to any property damage aforesaid. The City shall be named a co-insured regardless of fault. 10 The contractor shall secure with a responsible corporate surety, or corporate sureties, satisfactory bonds conditioned upon faithful performance by the contractor of all requirements under the contract and upon the payment of claims of materials, men and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The Labor and Material Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. 9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any pert of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the Owner a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by Addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 10. DISQUALIFICATION OR BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future proposals. 11. AWARD OF CONTRACT: The City may award the contract to the lowest responsible bidder on the total base bid or on any one of the alternates indicated in the proposal. Bids will be compared on the basis of the lowest possible cost relative to the alternate or alternates selected and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these specifications. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals; provided that the award may be made after said period of the successful bidder shall not have given the City written notice of the withdrawal of his bid. 12. ALTERNATES: If alternate bids are called for, the contract may be awarded at the election of the governing board to the lowest responsible bidder on the base bid, or on the base bid and any alternate or combination of alternates. 11 13. COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. 14. LISTING SUBCONTRACTORS: No subcontractors shall be permitted. 15. WORKMEN'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and file with the Owner the following certificate prior to performing the work under this contract: "I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 16. BID DEPOSIT RETURN: Deposits of three or more low bidders, the number being at the discretion of the Owner, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned after consideration of the bids. 17. EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the form agreement provided, and shall secure all insurance and bonds as herein provided within ten (10) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised. 18. "OR EOUAL": Pursuant to Division 5, Chapter 4, Article 4 (commencing at S4380) Government Code, all specifications shall be deemed to include the words "or equal", provided however that permissible exceptions hereto shall be specifically noted in the specifications. 19. EMPLOYMENT OF APPRENTICES ' : The contractor, and all subcontractors, shall comply with the provisios in Sections 1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupa- tions, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements 12 regarding the employment of apprentices and trainees, the contractor and all sub -contractors shall comply with Section 5 a. 3, Title 29 of the Code of Federal Regulations (29CFR). 20. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 21. WAGE RATES: The Contractor and/or Subcontractor shall pay wages as indicated in the "Notice Inviting Sealed Bids" section of these specifica- tions. Pursuant to Labor Code Section 1775, the Contractor shall forfeit as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for laborers, workmen, or mechanics employed for each calendar day, or portion thereof, if such laborer, workman or mechanic employed is paid less than the general prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcon- tractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file'and available for inspection in the Office of the Department of Industrial Relations, Division of Labor Statistics and Research. 22. PERMITS, FEES AND LICENSES: The Contractor shall possess a valid City of Diamond Bar business license prior to the issuance of the first payment made under this contract. 23. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree to commence work on or before the date of the written "Notice to Proceed" of the City and to fully complete the project as identified in Exhibit "A" within one hundred twenty (120) calendar days thereafter. Bidder must agree also to pay as liquidated damages, the sum of one -hundred dollars ($100.00) for each calendar day thereafter as provided in the General Conditions. 24. NO REFUND FOR DRAWINGS AND SPECIFICATIONS: Purchasers are advised that upon payment of the appropriate purchase price, the set of contract drawings and specifications become the property of the purchaser and are not to be returned to the City of Diamond Bar. 25. AWARD OF CONTRACT: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. 26. QUANTITIES: The quantity of work for the unit price items to be done under the contract, as noted in the Schedule of Prices, is an estimate and is not to be taken as an expressed or implied statement that the actual quantity of work will correspond to the estimate. The right is reserved by the City of Diamond Bar to increase or decrease or 13 to entirely eliminate items from the work if found desirable or expedient. The Contractor will be allowed no claims for anticipated profits, loss of profits or for any damages of any sort because of any difference between the estimated and actual quantities of work done or for work decreased or eliminated by the City of Diamond Bar. The City Council of the City of Diamond Bar reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. 27. WITHDRAWAL -OF BIDS: The bidder may withdraw his bid at any time prior to the date and hour set for opening of bids upon presentation of a written request to the City's Engineer signed by an authorized representative of the bidder or by the person filing the bid. 28. INVALID PROPOSALS: Proposals submitted by telegraph and those which are not logged in at the office of the City Clerk of the City of Diamond Bar, prior to the date and hour set for receipt of same will not be considered. 29. ALTERING PROPOSALS: The wording of the proposals shall not be changed. Any additions, conditions, limitations, or provisions inserted by the bidder will render the proposal irregular and may cause its rejection. Erasures of interlineations in the proposal must be explained or noted over the signature of the bidder. 30. ACCEPTANCE OR REJECTION OF BIDS: The City Council of the City of Diamond Bar reserves the right to accept any bid or reject any or all bids and to waive any informality or defects in bids received as the best interests of the City of Diamond Bar. Proposals in which the bid prices are obviously unbalanced may be rejected. Proposals in which a bid item is left totally blank will be considered as being nonresponsive and automatically rejected. 31. BID PRICES AND AGREEMENT OF FIGURES: If a unit price bid item total amount arrived at by multiplying the unit price times the quantity does not agree with the total amount entered for the item or if the total amount is not entered, the unit price and the corrected extension will be considered as representing the bidder's intentions. If in a unit price bid item the total amount is entered for the item but not the unit price, the unit price shall be that which is derived by dividing the total amount bid for the item by the number of units in the item. If the amounts bid on individual items (if called for) do not add up to the total amount shown, the correctly added total of the individual items shall prevail over the total amount. 14 32. ADDENDA TO CONTRACT DOCUMENTS: The Engineer may, from time to time, issue addenda to the contract documents during the period of advertising for bids, for the purpose of clarifying or correcting special provisions, plans or bid proposal. Purchasers of contract documents will be furnished with copies of such addenda, either by first class mail or personal delivery, during the period of advertising. The addenda will be sent to the address the purchaser of the contract documents left with or furnished the City of Diamond Bar at the time the purchase was made. 33. TERM OF CONTRACT: The term of this contract shall be from the date of execution until June 30, 1994. 15 BIDDERIS PROPOSAL TO PROVIDE CITYWIDE STREET TREE SERVICE IN THE CITY OF DIAMOND BAR, CALIFORNIA - Date , 19 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this proposal as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co- partnership, give the name under which the co -partnership does business, and the names and addresses of all co-partners. If an individual, state the name under which the contract is to be drawn.) (b) That this proposal is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work, and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this proposal form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this proposal in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be. 16 Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of DOLLARS ($ ) said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bidder's bond. Address of Bidder Telephone of bidder City Zip Code Signature of Bidder 17 SCHEDULE OF PRICES FOR THE CITYWIDE STREET TREE MAINTENANCE IN THE CITY OF DIAMOND BAR In accordance with specifications therefore approved by the City council of the City of diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of the entire work as described in these specification and attached drawings subject to this furnishing all materials. ITEM NO. DESCRIPTION UNIT TOTAL 1. Trim trees per the Lump Sum $ specifications listed under Area "A" (694 trees). 2. Trim trees per the Lump Sum $ specifications listed under Area "B" (1,260 trees). TOTAL BID AMOUNT FOR AREAS "A" AND "B" $ TOTAL BID AMOUNT IN WRITTEN WORDS NOTE: Quantity totals listed in items #1 and #2 are "not to exceed" totals. Should the actual number of trees listed under each item that actually require trimming be less than the number listed, the City of Diamond Bar reserves the right to receive "credit" in the form of tree maintenance for similar sized trees in other locations of the City. Contractor is responsible to maintain an itemized list by address and quantity of trees trimmed. 18 3. Indicate charges for work to the specific class and in accordance with the appropriate trunk diameter at breast height. See Section D, Paragraphs 1,2,3,&4 CLASS CHARGES FOR ADDITIONAL AS NEEDED WORK Trunk Measurements 0-6" 7"-12" 13"-24" Over 24" Total Diameter Diameter Diameter Diameter (18-3/4" (37-5/8" (75-3/8" Cir) Cir) Cir) CLASS I $ $ $ $ $ CLASS II $ $ $ $ $ CLASS III $ $ $ $ $ CLASS IV $ $ $ $ $ REMOVAL $ $ $ $ $ STUMP GRIND $ $ Root $ $ $ Pruning 0-25' 25'-100' 100'-500, 500, + Total Cost Per Linear Foot $ $ $ $ $ 4. EMERGENCY CHARGES Emergency charges shall include all personnel, and other material used in completing work. Minimum service charge shall be at the rate of $ per hour with two (2) hour minimum.* Charges beyond minimum time shall be at the rate of $ per hour. Response time shall be 2 hours or less. *Rate based on boom truck, chipper, one tree trimmer and one ground person. 19 equipment Accompanying this proposal is (Insert "$ cash", "cashier's check", "certified check", or "bidder's bond", as the case may be) in the amount equal to at least ten percent (10%) of the total bid. Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but not necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for Contractor. All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. 20 The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar, and this proposal and the acceptance thereof may be considered null and void. NAME UY BIDDER (PRINT) SIGNATURE DATE ADDRESS L;J.TX ZIP CODE TELEPHONE STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE SUPERVISORS CERTIFIED TREEWORKER - Name: No.. I declare under penalty of perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER 21 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Pr*J dWMt 3C.6M Bid Dde This information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder partici- pated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partner- ship, joint venture, corporation or individual bidder. The bidder may attach any additional infor- mation or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 Calendar Years Prior to Current Year 1989 1990 1991 1992 Total Current Year 1. No. of Contracts 2. Total dollar amount of contracts (in thousands of S) 3. No. of fatalities 4. No. of lost workday cases 5. No. of lost work day cases involving permanent transfer b another job or termination of employment. 6.* No. of lost workdays The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary Occupational injuries and illnesses, OSSA No. 102. The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of these records. Name of Bidder (print) Signature Address State Contractors' Lic. No. & Classification City Zip Code Telephone 22 NON -COLLUSION AFFIDAVIT To: The City of Diamond Bar: State of California ) )SS County of Los Angeles ) , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited the other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature of Bidder STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) Subscribed and sworn to before me this 1993 Notary Public in and for the County of 23 day of State of California (Notary Public) FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be and in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgement is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL BY: ( SEAL) 24 SURETY BY: (SEAL) LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE hereinafter referred to as "Contractor" as PRINCIPAL, AND as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that. whereas, said Contract has been awarded and is about to enter into the annexed Contract with said City for construction of the work under the City's specification entitled and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or sub- contractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 1993. PRINCIPAL SURETY BY: (SEAL) 25 BY: (SEAL) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, as Principal, and as Surety, are held and firmly bound unto the City of Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said city or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Diamond Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on Tuesday, June 15, 1993 at 11:00 a.m. for citywide street tree maintenance. NOW, THEREFORE, If the aforesaid Principal is awarded the Contract, and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgement is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. 26 BIDDER'S BOND (CONTINUED) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of A.D., 1993 (seal) (seal) (seal) (seal) PRINCIPAL (seal) (seal) SURETY (seal) ADDRESS NOTE: Signatures of those executing for the surety must be properly acknowledged. 27 AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the following agreement is made and entered into, in duplicate, as of the date executed by the City Clerk and the Mayor, by and between hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "City". WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor and; WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for Citywide Street Tree Service as described in Exhibit "A". NOW, THEREFORE, in consideration of.the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for citywide street tree service. Said work to be performed in accordance with specifications and standards on file in the office of the City Manager and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Manager. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 28 _ i_1! a WeN zV 4 a. The undersigned bidder agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract or upon notice by City after ten (10) calendar days from the date of notice of award of the contract or upon notice by City after the 10 calendar days, and to complete his portion of the work within one hundred twenty (120) calendar days from the execution of the first contract. The bidder agrees further to the assessment of liquidated damages in the amount of one -hundred ($100.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 29 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) Contractor's Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) Contractor's Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to by so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; 30 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b. hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein. 5. PREVAILING WAGE: Notice is here by given that in accordance with the provisions of California Labor code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City clerk of the City of Diamond Bar, Suite 100 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to Labor Code Section 1775, the contractor shall forfeit, as penalty to City, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statues of 1939, and in accordance with the regulations of the California Apprentice- ship council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 of the Labor Code concerning the employment of apprentices y the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: 31 a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contribution to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 32 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen employees of the contractor of his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or -liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a. The Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The Contractor will promptly pay any judgment rendered against the Contractor or City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor hereunder, and the Contractor agrees to save and hold the City harmless therefrom. C. In the event City, without fault, its made a party to any action or proceeding filed or prosecuted against he Contractor for damages or other claims arising out of or in connection with the work, operation, or activities of the contractor hereunder, the contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. 33 So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with Contractor's Proposal dated , 1993, in the total amount of $ 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 34 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License No. Date By: Title Title APPROVED AS TO FORM CITY OF DIAMOND BAR, CALIFORNIA City Attorney By: Date Contractor's Business Phone Emergency Phone at which Contractor can be reached at any time 35 Mayor By: City Clerk 1. 2. SPECIAL PROVISIONS GENERAL CONDITIONS All work shall be done in accordance with the 1991 Edition of the standard Specifications for Public Works Construction, hereinafter referred to as Standard Specifications, Plans, Standard Construction Drawings and these Special Provisions. 09104RAteliv 0 COMM• Section 2. Scope and Control of Work. Section 2-1. Award and Execution of Contract is amended by the following: (a) Examination of Plans Specifications Special Provisions and Site of Work: The bidder is required to examine carefully the site and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, including all installations and utilities, whether underground, surface or overhead, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. (b) Progosal Form: All proposals must be made upon blank forms to be obtained from the City Clerk at City Hall, 21660 E. Copley Dr, Suite 100, Diamond Bar, CA. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, and his address shown. If the proposal is made by individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. (c) Rejection of Proposals Containing Alterations Erasures or Irreaularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative proposals, incomplete proposals, erasures, or irregularities of any kind. 36 (d) Bidder's Guaranty: All proposals shall be presented under sealed cover and shall be accompanied by cash, cashier's check or certified check payable to, or bidder's bond in favor of the City of Diamond Bar in an amount of said proposal, and no proposal shall be considered unless such cash, cashier's check, certified check, or bidder's bond in enclosed therewith. (e) Award of Contract: The award of the contract, if it be awarded, will be to the lowest responsible bidder. (f) Return of Bidder's Guarantees: Proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. The Notice Inviting Sealed Bids, Proposal, Bonds, Instructions for Bidders, General Provisions and Detail Specifications, shall be deemed incorporated in the contract by reference. A corpora- tion to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence that the officer signing the contract and bonds for the corporation is duly authorized so to do. Subsection 2-5.1. Plans and Specifications -General is amended by the addition of the following: An addendum to these specifications may be issued by the Engineer at any time prior to the bid opening. Section 5 Utilities. This section is modified by addition of the following subsections. Subsection 5-1 Location This section is amended by addition of the following: The Contractor shall notify Underground Service Alert (USA) at 1-800-422-4133 two working days prior to the start of any boring or excavating operations. The Contractor shall notify the owners of all utilities 48 hours before start of construction. The utility owners listed may be contacted as indicated: Utility Owner Identification. Utility owners who may have facilities which may affect the work are as follows: General Telephone 1400 E. Phillips Blvd. Pomona, California 91766 (714) 865-3307 37 Southern California Edison Company 800 West Cienega San Dimas, California 91773 (714) 592-3724 Walnut Valley Water District 271 South Brea Canyon Road Walnut, California 91789 (714) 595-7554 Southern California Gas Company Distribution Department 920 S. Stimson Ave. City of Industry, Ca 91745 (714) 394-4327 Underground Service Alert 1 (800) 422-4133 Subsection 5-2 Protection. The Contractor is hereby alerted to the existence of all utility lines shown on the plans. The Contractor shall carefully protect all lines during the course of construction. The Contractor is cautioned to protect existing utilities and their appurtenances which may be within the work area. Particular attention shall be given to water valves. Section 6. Construction Schedule and Commencement of Work is amended by the addition of the following: Prior to commencing construction the contractor shall submit for approval a construction schedule. Section 7 Responsibilities of the Contractor in Conduct of His Work Subsection 7-2. Labor is amended by the addition of the following: Labor Discrimination. No discrimination shall be made in the employment of such persons upon public works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter 11 or Part V11, Division 2 of the Labor Code in accordance with the provisions of Section 1735 thereof. Subsection 7-3.1. Contractor's Responsibility for Work. Until acceptance of the work in writing by the City of Diamond Bar, the contractor shall have the charge and care of the work site at all times and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non execution of the work. The contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof. 38 The City of Diamond Bar permits stockpiling of excavation material and/or construction material only in an authorized location. This requirement also applies to the location of a material and equipment yard and a construction office. All existing improvements (except utilities) which are removed or damaged during the course of construction of the project shall be restored to a condition equal to or better than, in all respects, the existing improvements removed or damaged unless otherwise specified or noted on the drawings. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. Subsection 74.1 Duration of Contract: The Contractor shall begin work on or before the date of a written "Notice to Proceed" and shall complete the entire project work within one hundred -twenty (120) calendar days. Subsection 7-10.1. Traffic and Access is amended by addition of the following: No public street, or portion thereof, may be closed to through traffic as a part of this Contract. However, if, in the opinion of the Engineer, it is in the interest of the City of Diamond Bar to close the street, the contractor shall close the street as directed by the Engineer. Full compensation for conforming to the requirements of this section shall be included in other items of work performed and no additional compensation will be allowed. The Contractor shall furnish all flagmen and guards and supply and install all signs, lights, flares, barricade delineators, and other facilities which are necessary to expedite the passage of public traffic through or around the work or to prevent accidents or damage or injury to the public or to give adequate warning to the public of any dangerous conditions to be encountered. The Caltrans "Manual of Traffic Controls" shall be used for all traffic control on this project. Subsection 7-11 SHORING OF EXCAVATIONS Shoring of excavations is not generally required on this project, however, the City's Engineer may determine that shoring is required in portions of the construction area, due to the type of trench excavation proposed by the contractor. The City has performed no soil testing to determine precisely what areas, if any, will require shoring. Shoring of excavation if required shall be in accordance with the 39 requirements of Subsection 306-1, as amended, of the Standard Specifications, and shall meet all the requirements of the Construction Safety Orders of the Department of Industrial Relations, State of California and of OSHA. Approved protective fencing and barricading will also be provided by the Contractor as a part of this item. Prior to the required excavation the Contractor shall obtain all permits required thereby. The Contractor shall conform to the Section 6424 of the California State Labor Code regarding shoring and bracing of excavations. Of special importance in this regard is the following extract from said section: "For the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit for acceptance by the awarding body, or by a registered civil or structural engineer employed by the awarding body, to whom authority has been delegated, in advance of excavation, of a detailed plan showing the design of shorings, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer". Full compensation for conforming to the requirements of this section shall be included in other items of work involved and no additional compensation will be allowed. Section 9 Measurement and Payment. Subsection 9 -3 -is modified by addition of the following paragraphs: The Contractor agrees that the payment of the amount under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Diamond Bar, the City Council, the City Manager, and the City Engineer of any and all claims or liability on account of work performed under the contract or any alterations thereof. Progress Payments. The Contractor shall be entitled each month to a monthly progress payment in an amount equal to ninety percent (90%) of the estimated percentage of actual work completed by the end of the preceding calendar month, based on the contract price less all previous payments, provided that in all events the City shall withhold no less than ten percent (10%) of the contract price until final completion and acceptance of the work. The contractor may substitute in lieu of cash retention. This payment on account shall in no way be considered as an acceptance of any part of the work or material of the contract, nor shall it in any way govern the final estimate. 40 Final Payments. After the completion of the contract, the Engineer shall make a final inspection of the work done thereunder, and if entirely satisfactory and complete, the City shall pay to the Contractor an amount which, when added to the payments previously made and deductions allowable to the City, will equal ninety percent (90%) of the contract price. Thereafter the balance of the contract price remaining unpaid shall be paid 35 calendar days after the recording of a Notice of Completion by the City. The payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same shall release the City from any and all claims on account of the work performed under the contract or any alterations thereof. 41 TECHNICAL SPECIFICATIONS A. Scope of Work The work to be performed consists of two types: 1. Project Work - this work is described in Exhibit "A" and will include trimming in accordance with the class description per these specifications. 2. Additional "As Needed Work" as assigned by the City - This work will be performed as needed. Typically this type of work is generated by citizen requests, emergencies and departmental needs. This work may occur in parkways, parks, maintenance districts and open spaces. The amount of work in this category is undeterminable at this time. Historically, approximately 300 trees per year have been serviced on an as -needed basis. This work shall include trimming, removals and stump grinding. The total number of trees to be serviced on an "as needed" basis may be more or less than historically serviced. Procedure for additional work: 1. The contractor shall provide the City with a written bid in accordance with the unit class bid sheet within 3 working days of verbal or written request for extra work by the City. 2. Upon acceptance and authorization by the City to proceed with extra work, the contractor shall complete the extra work within 5 working days. It is the City's intent to provide the highest and most responsive level of service to the residents of Diamond Bar. B. Notification Reguirements For project work, the contractor shall provide, at his sole expense notification to all affected residents in the project area. This notification shall be in two forms. 1. No Parking Signage - The contractor shall post no parking signage on streets where tree servicing is to occur. The signage shall state the date of the parking restriction and shall be posted at least 48 hours in advance of the date work is to be performed. 2. Resident Notification - The contractor shall notify all residents in the project area of the tree servicing activity. Notification shall be accomplished by means of a door hanger, indicating the type of work to be done, and the approximate date that the work will take place. Notification shall occur 5 to 10 days prior to the work beginning in a 42 specific area. The City of Diamond Bar name shall be prominently placed on the hanger. The contractor's phone number shall appear, and be identified as the contact number for complaint resolution. The City of Diamond Bar's phone number shall be listed, and identified as the contact number for information purposes. The text of the doorhangers shall be approved by the City prior to use. C. Term of Contract The term of this contract shall be from the date of execution until June 30, 1994. D. Pruning Classes are defined as the following: 1. Class I - Fine Pruning Fine Pruning shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing and weak branches as well as selective thinning to lesson wind resistance. 2. Class II - Medium Pruning Medium Pruning shall consist of the removal of dead, dying, diseased, interfering, objectionable weak branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in diameter may remain within the main leaf area where it is not practical to remove it. ADDITIONS to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor and/or the owner. 3. Class III - Coarse Pruning Coarse Pruning shall consist of the removal of dead, diseased or obviously weak branches, two inches in diameter or greater. 4. Class IV - Cutting Back or Drop Crotch Pruning Cutting Back or Drop Crotch Pruning shall consist of the reduction of tops, sides, under branches or individual limbs. This practice is to be undertaken only in cases of utility line interference or where certain portions of the roots or root systems have been severed or severely damaged, or when there is unusual or rapid tree growth, where it is necessary to reduce the top, sides or under branches or for specific topiary training or dwarfing. 43 E. TRIMMING SPECIFICATIONS Before any work commences, Contractor shall prune one typical tree of each different species scheduled for work. Work shall be to the satisfaction of the City Engineer and will be the form all other trees are trimmed to. 1. Method Of Trimming Ornamental Trees a. Trees with diffuse branching habit (Elms, Ash, Maples, Etc.) Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water sprouts, crisscrossing, dead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight forty percent (40%). Remaining branches shall be radially distributed to form scaffold branches in a circular space around the trunk, with a vertical space of 18-24" if possible. The crown shall form a symmetrical half sphere with the weight evenly distributed after pruning. b. Trees with dominant main trunk or single leader and small horizontal branches (Liquidambar, Pines, Cypress, etc.) Remove all limbs to thirteen (13) feet of clearance from top of curb line. Remove all suckers, water spouts, crisscrossing, dead, diseased, broken, heavily laden branches, and enough less desirable branches to reduce crown weight by thirty percent (30%). The finished tree shall forma pyramid shape. MROMEM... • All dead or dropping fronds shall be removed as close to the trunk as possible, leaving five to seven healthy fronds evenly spaced at top of trunk. Upon completion, the tree trunk shall be cleared of all frond remnants. Remnants shall be cleaned from trunk with a tile knife or similar tool. 44 Clean all debris from base of tree. Trim tree per Group 1, Section b. (Trees with dominant main trunk), removing forty percent (40%) of crown weight. Upon completion, the tree shall have a conical shape with even distribution of weight around main trunk. 4. Method Of Raising Removal of all limbs to thirteen (13) feet of clearance from top of curb line. Topping shall consist of reducing the head size from the tree crotch by twenty five percent (25%). Group 3 trees shall be topped at forty (40) feet in height. y- �.� • LOXIAt• The maintenance superintendent will mark tree for removal with an orange "X". Should a tree be scheduled for removal and not be marked, or if there is any doubt about the tree to be removed, the Maintenance Superintendent shall be contacted before work commenced. All trees shall be removed by sections; no single section shall exceed five (5) feet in length. Trunks and/or limbs over six (6) inches in diameter shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall be acceptable to the City. All stumps and large surface roots shall be cut off at ground level to not less than twelve (12) inches below existing grade and area backfilled to grade. Raise tree to thirteen (13) foot height around entire right of way area; clean all debris from base of tree. Remove all limbs two feet back from curb face or edge of pavement the entire height of tree on one side only. 45 8. 9. Cuts All cuts shall be made close to the trunk without curing into the branch collar so that closure can readily start under normal conditions. Clean cuts shall be made at all times. Remove the weaker or lease desirable of crossed or rubbing branches. It is necessary to pre-cut branches too heavy to handle to prevent splitting or pealing the bark. a. Small Limbs Small limbs (less than one including water sprouts and Appendix A. b. Large Limbs (1) inch in diameter), suckers, shall be cut as per Large limbs (over one (1) inch in diameter) shall be cut with a saw, using the following procedure: Make the first cut on the under side of the branch, one to two feet from crotch. The undercut should be at least 1/3 of the diameter. Make the second cut on the branch topside, one to three inches further from the crotch than the first; the limb should break off between the two cuts. The third cut shall be made as per Appendix A. W The cut shall be made in healthy wood well below the infec- tion, twelve to eighteen (12-18) inches if possible. when pruning diseased wood, pruning equipment shall be sterilized with an effective disinfectant between each cut. Treatment of cuts and wounds with tree dressing is optional except where open wounds in certain trees may attract insects that carry disease or allow fungus invasion. Trunks and/or limbs over six (6) inches in diameter shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall be acceptable to the City. All stumps and large surface roots shall be cut off at ground level to not less than twelve (12 ) inches below existing grade and area backfilled to grade. 46 10. Inspection Old injuries are to.be inspected. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches should be reported in writing to the City Engineer. All pruning tools (extension pruners, handsaws, power saws, topers, hand pruners and pruning knives) shall be kept sharp and in good working condition. 11. Climbing Spikes shall not be used for climbing live trees without written permission of the City Engineer. 12. Clean -Ug The Contractor shall chip or remove brush as work progresses. The street and parkway and private property shall be kept clean of debris at all times. Any debris left upon the site after the close of each day's operation shall be removed by the City of Diamond Bar and the cost deducted from the Contractor's payment. Bidders are required to have the following minimum equipment available for use in the City: 1 Skyworker 1 Brush Chipper 1 Pickup Truck 1 Stump Grinder 1 1 1/2 Ton Brush Truck 6 Chain Saws All vehicles shall have the Contractor's name clearly visible. All equipment used for trimming or removal of City trees shall be kept in good working order. A representative of the Division of Engineering shall judge the condition of equipment used. Any piece of equipment judged to be unsafe shall be removed from the job site immediately. Successful bidder, at the time of the execution of the contract, shall provide a California State Certification of Condition for his Skyworker. 47 14. Work will be assigned and completed on an "as needed" basis. Majority of work will be scheduled in the spring, winter and fall months. Contractor will secure a list of projects from the Engineering Division. Routine projects must be completed within thirty (30) days of assignment. All work performed in the City, other than emergencies, shall occur on Monday through Friday, from 8:00 a.m. to 5:00 p.m. The hours of tree servicing shall be as specified except in cases of tree servicing in median islands. Due to traffic volumes, work shall not begin before 9:00 a.m. and shall be completed by 3:00 p.m. Work shall not occur on the weekends or holidays unless it is an emergency. All changes as to the work schedule must be approved in advance by the Division of Engineering. Approved changes will be issued to the Contractor on an Addendum List. 15. Emergency Tree S Contractor shall respond to emergency calls within two (2) hours from time of notification. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day. Contractor shall submit telephone number(s) to the Division of Engineering that can be used to obtain emergency service on a 24 hours basis. The contractor's name and telephone number will also be listed with the Police Department. Upon arriving at an emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions which wold adversely effect the health, safety or welfare of the public. 16. Accommodation Of Traffic During the progress of the work, adequate provision shall be made by the Contractor to so accommodate the normal traffic over the public streets and park roadways so as to cause a minimum of inconvenience to the general public, and shall hold the City harmless from all claims arising from any act or 48 omission on his part pertaining to any injury, death or damage to any person or property by reason of any use of any street by anyone while the Contractor is working or has any equipment or barricades thereon or in working thereon. Means of ingress and egress for occupants of property or buildings shall be provided as far as possible. 17. Vehicle Restrictions Lawn areas of parks shall not be driven upon by truck or other equipment unless one (1) week prior notice has been given to the Parks and Maintenance Department, and in no case if conditions would result in permanent impression by vehicle wheels. The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of his operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures and stairways shall be adequately protected and should not be removed or disturbed without permission from the City Engineer or his representative. Any damages resulting from Contractor neglect shall be repaired/ replaced at the Contractor's own expense. The Contractor shall be responsible for repairing/ replacing any existing plant material or irrigation systems in the landscape damaged during pruning operations to their original condition at his own expense. All damage to landscape areas shall be reported to the City Engineer immediately. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference or annoyance to the public. Inspections will be performed by representatives of the Engineer at specified times and at random visits when the consultant may be on the site. All inspections called for by the Contractor shall be request- ed and referred to the Engineer in writing at least seventy two (72) hours prior to the anticipated inspection. 49 21. 22. All work shall meet the approval of the City, or be rectified by the Contractor to a condition that does meet this accep- tance, at no additional cost to the City. If the Contractor calls for inspections and is not ready for the inspections, he shall be chargedback hourly, including travel time for all members of the team of Inspectors involved. Notice Of Comoletio The completion of the contract will be accepted and Notice of Completion recorded only when the entire contract is completed satisfactorily to the City. Unauthorized Removals Unauthorized tree removals will incur the following penalties: a. Under 12" Diameter $ 500.00 b. 12" to 36" Diameter $1,000.00 C. 36" Diameter or Greater $1,500.00 50 TERKINOLOGY BRANCH COLLAR Wood tissue that forms around the base of a branch between the main stem and the branch. Usually as a branch begins to die, the branch collar begins to increase in size. CALLUS New growth made by the cambium layer around all of wound. CAMBIUM LAYER Growing point between the bark and sapwood. CLOSURE Refers to the roll of the callus growth around the wound area. THE CUT The exposed wood area that remains after the branch has been removed. CUT BACK Specified reduction of the overall size of the tree or individual branches; may include the overall reduction of the sides as well as the top of the tree. DORMANT A condition of non-active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear. GIRDLING ROOTS Located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bark area, thereby choking or restricting the flow of sap. LIFTING The removal of lower branches for underclearance. PARENT STEM The main trunk system of the tree. PRECUT OR PRECUTTING The removal of the branch at least six (6) inches beyond the finished but to prevent splitting into parent stem or branch. PRUNING The removal of dead, dying, diseased, live interfer- ing, objectionable and weak branches in a scientific manner. SAP FLOW The definite course assumed by sap in its movement through a tree. SCARS OF INJURIES Natural or man-made lesions of the bark in which wood is exposed. 51 SUCKERS Abnormal growth of small branches usually not following the general pattern of the tree. THINNING OUT The removal of live branches to reduce wind resistance and to create more space. TOPPING Same as "Cut Back". TRACING Careful cutting of the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. TRIMMING Same as "Pruning". 52 APPENDIX A PRUNE CORRECTLY: Correct pruning is.the best thing you can do for your tree. Here are the guidelines: Natural target prunirtq 1. Locate the branch bark ridge (BBR) 2. Find target A - outside BBR. 3. Find target B - where branch meets collar. 4. If B cannot be found, drop an imaginary line at AX. Angle XAC equals XAB. 5. Stub cut the branch. 6. Make final cut at line AB (with power - saws make final cut on upstroke). Do Not: Make flush cuts behind the BBR Leave living or dead stubs Injure or remove the branch collar Paint cuts. The best time to prune living branches is late in the dormant season or very early in spring before leaves form. Dead and dying branches can be pruned anytime. Use sharp tools! Make clean cuts. Be careful with all tools. Safety first! Topping: Cut line dE at an angle approximately the same angle as the angle of the BBR. Do not leave a stem stub. Do not paint the cut. Natural Target Pruning Hardwoods Dead Branch _ Living •R_ g Bra Branch Cut 14Bark Ridge First L A B \Fj Branch �a Collar '*` Branct Collar Conifers X I Branch A Bark Ridge Cut Fitst Branch Collar for Living or Dead Branches Topping Cut First. Branch [Bark Ei EXHIBIT "A" CWT PillH AVO � EIIMITE ING 0?00 �• z > > z I�> ,�O ` ST 17 NORTHAAW V s s tnRLG�TrU G „Lae n 1I � �Np T T,� a.�►.�4' 1 n r MIN T N 21` 00 F.DR z �`i:ri:• QQ w; 2 ON ST W GA o. y N HOC. 31 1, 'si o�T 41 — Y pool\ LN cc PL I ( N ST - r i i s'r"e vt �No„ ♦r IN Ef oR �'ec RD MISSRWNARV AMI30 P'_ 'M�^ 1- �• D° \�t�� ' E OA 4b ` • T up P i \� ct t °'`� WC,� — 4 ( _ sii Z .la'►� OP�� / /Q � __ATE OAK r CYN RO 44 IN i 7 P.th Q 'p r. . 7 CAV 9 'A A T N I s �' \ MENTAQE ` PARK -�---—— + — — — — —— p ,——►----�--�_ \i tw � I I 4c� *0* '+ 4biriFEE RANcc � 1 AREA "A" 4 V r c 0 e 6 5 �S V4 1 t� P � 94�C 2 CLOVERDALE LN ti9 3. EVERGREEN CIR ° 6 FOXCROFTLN DISTRICT 5 IRONWOOD CIR 6 JOHN IRWIN OR a OFFICES 7 MAGNOLIA CIR 8. MERTON LN 9, MOCKINGBIRD A 10. MONTECITO ST 11. PARKROGE DR P 12. PINEHURST WV b5> 13. PRESTWICK WY u. SENECA DR 15, SPYGLASS LN 16. VIEWPOINTE LN ° 17. WILDWOOD WY 18. WINDEMERE LN 19 WINDSONG CIR 20. WOODCREST WY lmqkkl�l�jd p4w�WAA Z Dr bom �01o0L CM I (N BIRDS VE HILL PARK P►, v . uq •iy 's- r ` CT D Q K i�P ✓ J ROCK Fq' R I toUES7RlAN 'R q. F AREA "B" COUVIRY PARK �� a SABANA DR \ Q LORBEE JUNIOF rl+Gr SCRO; I q A ti Q 0 o � U S DIAMOND BAR mFeg yp¢ GOLF COURSE yap 1 Z�. .fix z OQ' CANYON PARK RIO LOBOS RD r � I G+A-/I/O y/S Jr22 L � U F & ALBARIZA PL ............. C 4*-may/fflQ F(wCq - p 4VF '-01L IL AM IT Q 3 y Ae� �cy O SCH2 ROE CE f ' WR /( SUMMIT H THORN r r PIR CHAPARREL $` AOCW¢ INTEAMEDwTEqs g r OH u Hpq' SCHOOL V4 A� PARK v . uq •iy 's- r ` CT D Q K i�P ✓ J ROCK Fq' R I toUES7RlAN 'R q. F AREA "B" COUVIRY PARK �� AREA A STREET NAME ACFOLD NUMBER OF TREES 9 ADAMS GROVE 8 ADEL 1 ALDA CT. 2 ARKLEY DR. 0 ATHENA 0 BAIN 21 BELBURY 0 BLACKHAWK 2 BLENARM 17 BREA CANYON RD. 12 CALPET 20 CALBOURNE DR. 54 CAMBON 0 CANDLER CT. 0 CAPEN 31 CLEARSPRING 3 CLIMBER 1 CLORINDA DR. 1 DABB CT. 0 DAMIETTA 18 DARIUS 0 DAVAN 4 DRYANDER 7 EARLGATE 11 FAIRLANCE 10 FAREL 14 FLINTGATE 5 GACEL 0 GARZON CT. 16 GERNDAL 10 GERNSIDE 22 GLENBROOK 28 GLENCLAIRE 11 GLENTHORPE 3 GLENWICK 6 GLENWORLD 7 GOLD CANYON 1 GONA CT. 1 GREENSIDE 5 HARE 0 HALLOWPINE 7 HERN 2 HONEYHILL 0 KELFIELD 17 KING LAKE 1 LARKSTONE 2 LEMON 26 LINCOLN 22 LYCOMING 21 LYON WOOD 16 MAHOGONY 2 MOONLAKE 47 NORTH HAMPTON 41 PENARTH 6 PINE FALLS 6 (AREA A CONT.) RAINWOOD 4 RANGETON 17 RAPIDVIEW 17 REDBLUFF 7 SUMMERWOOD 20 SUNWOOD DR. 17 TREND 3 TRUSS 1 VIA SORELLA 0 WALNUT 0 WASHINGTON 27 WINWARD 0 WILLOW BUD 4 TOTAL NO. TREES AREA A 69 STREET NAME ACACIA HILL RD. NUMBER OF TREES 59 ANO NUEVO DR. 39 ASPEN GROVE LN. 44 ASPEN KNOLL DR. 27 BARBERRY DR. 14 BIRDSEYE DR. 61 BLENBURY DR. 12 BLUEPALM LN. 3 BUTTERNUT 8 CEDAR DALE DR. 17 CELLO DR. 4 CYPRESS GROVE LN. 4 CROLL CT. 0 DEERFOOT DR. 51 DEEPLAWN DR. 11 DESERTWILLOW LN. 5 DIAMOND BAR BLVD. 234 EAGLE FEN DR. 3 EDDRIDGE DR. 10 ELDERTREE DR. 15 FOX GLEN DR. 16 FIRE THORN CIR. 3 GIDE CT. 2 GRAND AVE. 20 HEATHER LANE CT. 10 HICKORY NUT LN. 4 HILLMAR DR. 12 HOLLY LEAF WY. 2 INDIAN WELL DR. 11 IRONBARK DR. 26 KIOWA CREST DR. 82 LARKSPRING TERRACE 0 MAPLE HILL RD. 32 MENSHA CT. 14 MONTEFINO AVE. 63 MOUNTAIN LAUREL WY. 43 OXBOW CT. 10 PAINT BRUSH LN. 16 PECAN GROVE DR. 22 REDFIR LN. 3 REDGATE CIR. 11 SANTAQUIN DR. 63 SHADEHILL PL. 10 SHADYHILLS DR. 17 SILVERHAWK DR. 44 SPRUCETREE DR. 31 SUNBLUFF DR. 16 TAWNY CT. 0 TINTAH DR. 16 TOLANI CT. 15 VALPICO PL. 16 WHITE FIR LN. 9 TOTAL NO. TREES AREA B 1.260 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. L0 TO: Terrence L. Belanger, City Manager MEETING DATE: May 18, 1993 REPORT DATE: May 13, 1993 FROM: James DeStefano, Community Development Director TITLE: Status Report on the Draft Property Maintenance Ordinance. SUMMARY: Earlier this year City Council Members were appointed to a Code Enforcement Subcommittee in order to begin crafting an ordinance responding to complaints received by the City regarding the lack of property maintenance on some residential and commercial properties. A draft copy of a Property Maintenance Ordinance has been prepared by the Code Enforcement Subcommittee. The draft ordinance is currently being reviewed by the City Attorney's office for consistency with applicable State law and local ordinances. Upon completion of the legal analysis, a revised draft will be prepared. The ordinance will require Planning Commission review and recommendation prior to a Council public hearing. RECOMMENDATION: It is recommended that the Draft Ordinance be referred to the Planning Commission for their review and recommendation upon completion of City Attorney analysis and Subcommittee review. EXTERNAL DISTRIBUTION: None 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 X No 3. Has environmental impact been assessed? — X No 4. Has the report been reviewed by a Commission? _Yes Which Commission? Yes X No 5. Are other departments affected by the report? — Report discussed with the following affected departments: ATTACHMENT: Memorandum from City Attorney dated May 13, 1993 Draft Property Maintenance Ordinance REVIEWED BY: 'IN I Terrence L. Belan r City Manager ,or M A'Y — 1 = —'F� JAMES L. MAXI(MAN ANDREW V.ARC2tNSKI RALPH D. M.AN50N JEFFIRE. KING D CRMO FOX WILLIAM P. GURLEV m MARSHA 0. SLOUGH JULIA A.KLMP PA,4ELA P. KING MEPIRERTO F. DIAZ IlONNIC SAILET-JONES T H I_ 1 = 1 f1 H r: F' t1 Fi fl Li r+ �' C F I P _ C1 ` ,/�'.lieu•, �%{�.xY ` `. JTER C'ueLE S!�' �t�OlitT( C+t ttc ttfC��t- vu.a 6EP ovi 1,:`(1CCCN o, o. 9(.)A 0$9 May 13, 1993 0,CA, CAL.FOAN.A 92C?2.1059 (17,41 990-0901 'cLE GitOhE {I 131 C1 5a1.3A yll3 fOJtMI.L aO.LEJAQO gUITE 200 RAAC,4A CVCAMONCA. :0.L1fQRN'A 9�F3U C,90fi1 980•:742 TELEPHONE jgllS 381-02'a ,N REPLY PLEASE REPER'G: Brea ME140RANDUX TO: Mayor Gary Miller, Mayor Pro Tem Phylpexter papen, Council Members John Forbing, MacBride and Gary Werner FROM: Andrew V. Arezynski, City Attorney RE: Draft Property Maintenance and Nuisance Abatement Ordinance As the Coucicil recalls, the Council Subcommittee, in conjunction with City staff and members of the community, has been working on the subject ordinances with an eye to providing appropriate enforcement mechanisms both for the maintenance of existing properties within the community, as well as an effective vehicle for abatement of nuisances on propertied within the City. As indicated during the last City meeting, we believe that the document arguably should be "split" into two ordinances; one dealing with property standards and the related maintenance thethereof and a aecond ordinance Pertaining to a process nuisances, as defined.• our view, unfortunately, those provisions of the ordinaniah pertain to property standards and the mainten thereof deal closely enoughwith developmentthe standards to require. the matter to be Processed Planning Commission as amendments to the Zoning ordinanceWe believe that by processing the matter through the e Plattile ylwisg will be Commission as a Zoning Ordinance modification, requirements to in a better position to effectively apply properties throughout the City. r,r�-,'-e- 1 = -•E�3 TH11 Memorandum to: May 13, 1993 Page Two Mayor, tdayor Pro Tem and Council idenbers As indicated in the recent correspondence from Mr. Belanger, we believe that the Cfty Council, as a whole, should review the draft document pded theby the directioncinmwhich the ittee and attain consensus with regard to the position of the city Council document is headed. If it is that the document generally addresses the issues in an Appropriate fashion, we may thereupon place the document into two different ordinances, in proper public hearingmandnreviewdiately procedures commence the appropriate pblc for the two ordinances. Please note that we do not believe ehthe nuisance abatement ordinance will require processing throug it so the Planning Commission; the Council could, however, if chooses, request planning to thoCommission Councilreview thereotil ne document and make a recommendation One of the primary reasons this office believes that the draft document prepared by the Subcommittee should be ,,split" into two discrete ordinances is to preclude The any nuisance potential for the "mixing of apples and oranges-" abatement procedure is intended to be just that, a procedure for the abatement of particular problems within the community which problems are defined by other sections of the code. By definition, the procedure can be applied to a variety of concerns uirementsnwhichot maredtoobetaddrpropertyhe addressed by separate maintenancece req q ordinance. With regard, specifically, to the property maintenance requirements, we recommend that, upon council concurrence in the policy direction in which the draft is headed, that the document be produced in such a fashion that the specific requirements pertaining to the different zone categories be wholly self-contained. Stated otherwise, we have found it %"ful in dealing with the courts to be able to point the cou a specific sub -chapter that lists all of the particulquirements for single-family residential, multi -fa y residential, commercial and/or industrial zones. In that manner, the court does not need to "wade articular entire document attempting to ascertain which the pzone category• provisions may be applicable to any p recess n That approach has served well in expediting the p those instances wherethe matter ateis required to be presented to adjudication. a court of law for _ •� .= T H U1 ? t'1 H f hl ti t 4 - Memorandum to: Mayor, Mayor Pro Tem and Council Members May 13, 1993 Page Three we shall, of course, be available at the meeting to discuss with the entire council -any concerns or modifications desired with regard to the draft document. AVA:pmm C\1011\MMILLER\bB 6.1 cc: Terrance L. Belanger, City Manager (Transmitted by fax) D PUBLIC PEACE, MORALS, SAFETY Chapter ABATEMENT OF NUISANCES --PREMISES DRAFT Sections: -Intent and Purpose -Relationship to other Documents -Definitions -Property Maintenance Standards -Procedures for Abatement of Public Nuisances -Appeals -Limitation of Filing Judicial Action -Abatement of Public Nuisances by the City -Abatement of Imminently Dangerous Public Nuisance -Account of Abatement Costs -Procedure for special Assessment -Hearing on Proposed Assessmentbatement. -Contest of Assessment -Notice of Lien -Procedures for Collection with Regular Taxes -Remedies of Private Parties -Right of Entry -Continuing Violations -Penalty for Violation -Injunction ... Intent and Purpose. The City Council has determined that the quality of life in Diamond Bar is directly linked to the character and condition of its Commercial, Industrial and residential neighborhoods. It is the purpose of the Maintenance of Real Property ordinance to provide maintenance standards unity and order, as well as which shall serve to strengthen visual enhance the value of land and development within the City, and protect the appearance, integrity and character of the Community. It is the expressed purpose of this Chapter to declare that property owners shall be responsible for maintaining all structures, landscaping, accessory structures, paved areas, appurtenances, fences, and perso property situated on lots and premises in the City of Diamond Bari a manner required to protect the health and safety of users, the general public. This responsibility cannot be contracted, transferred, assigned, or conferred to another person or organization. The property shall be deemed substandard in maintenance section of lates any portion of this Chapter or any other app Municipal Code. ... Relationship to other Documents. This Chapter is not the exclusive regulation of property maintenance for the City. regulations contained within shall be supplemental nthe City Muni d in additin to and not supersede othercipal Code and 1 DRAFT by other statutes and ordinances heretofore or hereinafter other legal entity eY enacted having the City, State of California, or any g legal jurisdiction. DRAFT Definitions. When used in this Division, the words, terms and phrases defined in this Chapter shall have the meaning and construction given herein, except when used in a context which clearly indicates a different meaning or construction. A. Accessory Structure of a building, structure, or edifice which is Any building, part secondary or subordinate to the main building, whose use is incidental to, and is used for the benefit of, the main building on the property. This includes, but is not limited to, detached garages, recreation rooms, carports, storage sheds, patios, and workshops. B. Adjacent Properties Those lands, areas or lots lying contiguous to, or abutting a given property. C. Attractive Nuisance "Attractive nuisance" means any condition, instrumentality, or machine which is unsafe and unprotected and-thereby ategerous to the peril young children by reason of their inability to appb therein, and which may reasonably be expected oattract with, inuor children to the property and to risk injuryby playing g on it. D. Character of a Neighborhood The distinctive traits, qualities, or attributes which are consistent throughout the immediate, adjoining or surrounding vicinity or district within the City. E. Commercial vehicle A "commercial vehicle" is a vehicle of a type required to be registered under the Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property. F. Inoperative Motor Vehicle "Inoperative Motor Vehicle" means any motor veh emitted t bs unlicensed, unregistered or otherwise not legally p driven upon the streets and highways of the State of California or any motor vehicle which is disabled, dismantled, wrecked, or from which some essential component thereof has been removed thereby 2 DRAFT rendering such motor vehicle incapable of being driven under its own motive power.A HIP 1� G. Irrigation This includes the system or methods by which the landscaped areas are to be supplied with water in order to maintain healthy plant life. g. Motor vehicle A motor vehicle is a vehicle as defined in California Vehicle Code {415 I. offending Property which is in .violation of the provisions of this That real property Chapter. J. Overgrown To be overspread with growth so as: 1. To be grown excessively beyond the normal size of scale oondthe property. In this regard, excessive shall mean going bey normal, generally accepted limit dictated by reason or good judgement as established by the character of a neighborhood. 2. To have an uexcessive intrusion of b or decorative planting grass beds r weeds in existing flower, shr. R. Plainly visible Anything which is perceptible, discernible, clear distinct, evident, open or conspicuous from any public right of way. L. Polluted Water A swimming pool, pond or other body of water which is abandoned unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water meanswhich water cludes ontained in a swimming pool, pond, or other body of water, is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material. M. Property: 1. single family means all property classified as "single as the same fa ily zones" pursuant to Section , be amended from time to time and shall, additionally, mean and include all property, including slopes, actually used for single family residential purposes, notwithstanding the underlying zoning of the subject property. 3 DRAFT 2. Multifamily means all property classified as "multifamily zones" pursuant to Section hereof, as the same may be amended from time to time and shall, additionally, mean and include all property, including slopes, actually used for multifamily residential purposes, notwithstanding the underlying zoning of the subject property. 3. commercial means all property classified as "commlzones" pursuant to Section and special zone pursuant to hereof, as the same may be amended from time to time and shall, additionally, mean and include all property, including slopes, actually used for such commerci al or special zone purposes, notwithstandingthe underlying zoning o the subject property. 4.Industrial means all property classified as "industrial zones" pursuant to Section hereof, as the same may be amended from time to time and shall, additionally, mean and include all property, including slopes, actually used for industrial purposes, notwithstanding the underlying zoning of the subject property. N. public nuisance "Public nuisance" means anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the f ree use of property, so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by any considerable number of personsthe ontind individuals irrespective a unequal. fwhether the annoyance or damage inflicted upon O. Refuse and Waste Refuse and waste matter, which be reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or nd which consistsmatter a d material having no substantial market value, : rubbish, refuse, debris and matter of such matter and material as limited to rubble, asphalt, concrete, any kind including but not plaster, tile, rocks, bricks, soils, building materials, crates, cartons, containers, boxes, appliances or machinery or parts thereof, scrap metal and other pieces of metal, ferrous or non ferrous, furniture, inoperative vehicles and parts, trimmings from plants, and trees, cans, bottles and barrels, and items which are offensively odorous. p. Rooftop Appurtenances Items of structures including, but not limited to, penthouses, venilating elevators, stairways, alls skylightst towers,fans, equipment, machinery, flagpoles,chimneys,water fire or parapet, 4 DRAFT tanks, wireless masts, or roof structures, attached or belonging to, or as an accessory of the roof. R, A F o Q. substantially Dissimilar feature, appearance, or quality that is A distinguishing trait, different, unlike, not consistent with, or non -typical to the overall design or appearance of the property, as compared with surrounding property. R. surrounding Property. Those properties situated on the same street shety offending located property and which have one or more of thteirlpropineer the offending within ----- lineal feet of a property rp Y property. S. Trailer "Trailer" means a vehicle without motor powerdesignedobe drawn by a motor vehicle, for transporting of p property, such as a t not including trailers designed for human habitation, recreational vehicle. PROPERTY MAINTENANCE STANDARDS Maintenance of premises -- Nuisances. It is unlawful and a public ( nuisance for any person owning, leasing, occupying or having charge or possession of any real property in the City: 1 (1) To maintain property containing an unsafe building or structure" as defined in Section 203 of the Uniform Building Code. (2) To maintain any building or structure in a condition such that it would constitute a "dangerous d Ab tement of Dangeas defined in rous Buildings.Section 302 of the Uniform Code for the (3) To abandon or vacate, or cause to be abandoned or vacated any building or structure so that it becomes accessible to unauthorized persons including, but not limited to, juveniles or vagrants; (4) To maintain property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; (5) To maintain property without adequate landscaping or groundcover sufficient to prevent blowing dust or erosion. (6) To maintain property containing dead, diseased or overgrown trees, bushes, weeds, hedges or other vegetation which i likely y to a harbor state rats or other vermin, to allow irrigation systemsdanger to the of disrepair thereby constituting a fire or health hazard or a public. (7) To maintain property so as to create an unsightly appearance due to DRAFT lack of water or inadequate spraying, trimming, pruning, treatment, or similar maintenance. En W"I R A F T (8) To maintain property containing refuse, rubbish, garbage, offal, animal excrement or other waste materials or debris which are not kept or disposed of in accordance with regulations of this code or other provisions of law . (9) To maintain property containing attractive nuisances in such form as: (A) Abandoned or broken equipment or machinery, or (B) Unfenced or otherwise unprotected swimming pools, spas, ponds or excavations; (10) To maintain premises containing broken or discarded furniture or household equipment for any period of time. (11) To maintain premises with garbage or trash containers stored in except when front or side yards and visible from the public right-of-way placed in places of collection at the times permitted. (12) To maintain property or buildings containing signs and or sign structures relating to uses no longer conducted or products no longer stored or sold on commercial, industrial or institutional buildings in violation of Section (13) To maintain property including, but not limited to, building exteriors in condition of deterioration or disrepair. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises any of the following: (A) junk, trash or debris, such as (B) abandoned, discarded or unused objects of equipment automobiles, furniture, appliances, cans or containers, (c) stagnant water or excavations, fence, structure or vegetation (D) any device, decoration, design, ro riate which is unsightly by reason of its condition or its inapp P location. (14) To maintain any type of illumination which is directed onto adjacent or proximal properties causing substantial diminution of the enjoyment or use of such properties; (15) To operate or maintain any device, instrument, vehicle or machinery such that the operation or maintenance endangers the comforts repose, for cause discomfort or annoyance peace of the residents in the area; (16) Paint or preservatives on all improvements on property shall not be worn, peeling or cracking so as the condition is plainly visible from the center line of the street. (17) To construct, use, occupy or maintain any building, structure, improvement or premises, or any part thereof, in violation of any specific requirement or prohibition applicable to such building, structure or premises contained in the building or zoning regulations of e relating to the city or any other law or ordinance of the city or stat 6 DRAFT the construction, use, occupancy, or maintenance of „ buildings, structures, improvements or premises; plant, shrub hedge o (18) To maintain any p r tree on such property so as to icular or interfere with or impede the flow of traffic, whether vehicular pedestrian, or obstruct visibility, on streets, intersections, or other public rights- of -way. (19) To maintain on property ert used or zoned for residential purposes any operable vehicles parked or stored in any walkway, front onside yard, or on any part of the property other than on a lawfully ed surface which leads to a residential garage or carport; (20) To cause or permit the accumulation or storage, of abandoned, wrecked, dismantled or inoperative automobiles: trailers, campers, boats, airplanes or other mobile equipment, or parts thereof, in yard areas or driveways. (21) The keeping of animals and birds contrary to the provisions of this code. Procedures for abatement of Aublicnuisances. (A) Whenever the code enforcement official has inspected or caused any property to be inspected and has determined that an unlawful ic nuisance exists thereon, the code condition constituting a publ enforcement official may use the procedures set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerousair or life or adjacent property and to require immediate removal,sed by the code the procedures set forth in this ordinance maybe u enforcement official. (B) Notice and Order of Code Enforcement Official. 1. The code enforcement official shall give, or cause to be given, a notice and order to abate the unlawful conditions existing on the property. Such notice and order shall be in writing and shall detail the existing unlawful nd order shallCbecinstitute a violation of this substantially the following Chapter. Such notice form: DRAFT "NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER, AGENT E THE EEINNER, LESSEE, DESCRIBED: PANT, OR PERSON IN POSSESSION OF THE PROP The building, structure, improvement, or property which is the subject of this notice is situated in the City of Diamond Bar, Los Angeles County, California, on premises described as LOT , BLOCK, TRACT --. and commonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of , you are hereby notified that the violations consist of (DESt'RIPTI ON OF UNLAWFUL_QHDITIONS) You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNLAWFUL CONDITIONS) Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right-of-way or sidewalk is to be cleaned or otherwise protected. You are advised that any person holding record title or having any sst in the property may appeal from to the City Planning Commission this notice and order, or any determination of the Code Enforcement Official within ten days from the date of service of this notice and order. Written notice of such appeal must be f� d the office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Code Enforcement Official shall be final. You are further advised that this notice and order may be recorded against the property in the Office o the County Recorder. DATED: This day of 19._. Code Enforcement Official" DRAFT 2. The notice and order shall be served by delivering the person personaotice lly to the owner, agent of the owner, lessee, occupant, or in possession of the premises described in the notice anostader�renaid, sending such notice by registered or certified mail, postage P Pof addressed to the owner, at hisor her last k n the last equadli ed asses mentsroll the owner or owners as it appears of the county shall be conclusively deemed to be the property address for the mailing of such notice. If mailed, such notice shall be deemed to have been received three days after shalldate also be posted onwas theppropertyosited n tthe United States mail. The notice 3. In the absence of fraud, no error or mistake in the ert service owner to the notice and order, and no failure 11 in an a manner affart of ecproperty the validity of receive the notice and order, Y served. any proceedings hereunder as to any other person duly 4. Proof of service of the notice and order shall beocumented by at the time of service by a declaration under penalty of perjury the person effecting service and declaring the time and manner in which service was made. 5. Subsequent to service of the notice and order, the code file in the office of the county recorder a enforcement official may certificate containing a legal description of the subject andpthat the certifying that a public nuisance exists on the property forcement e a owner has been so notified. The code enofficial shall l that the new certificate in the office of the county recordf r the following has public nuisance has been abated, whenever any o occurred: a. The corrections ordered have n described in tthe a public nuisance no longer exists on the property certificate; or b. The notice and order is rescinded by the Planning Commission upon appeal; or caused the public nuisance to be abated C. The city has and the costs of abatement have been paid. (C) Extension of Time to Perform Work. Upon receipt of a with the notice and order, request from any person required to comply code enforcement official may gra enforcementnt an nofficial determines which of time within that complete the abatement, such an extension of timW1ll The code enforcementlofficial shallhave create a dangerous to life or property. such extension. the authority to place reasonable conditions on any App all. Within ten days after the date of service of the l notice and order described above, the owner, agent of the owner, , occupant, or person in possession of the property who may have been served with a notice and order, or any person interested in the property affected by such notice and order, may appeal to the Planning Commission as to the requirements of such notice and order. Such appeals shall appeal, in writing, shall state the objections of the person filing the app shall be filed with the Planning Commission Secretary within the time 9 DRAFT 1 specified herein, and shall be presented to the Planning Commission by regular meeting. The the Planning Commission Secretary at its next reg on the Planning Commission shall thereupon proceed o hear determ ne whether appeal. The Planning Commission shall, by resolution,ith e wi the code enforcement official shall proceed in accoCommission,tor notat and order as given, or as modified by the Planninginghear all, and its decision thereon shall ission from t me to time asThe i deems may be continued by the Planning necessary. Limitation of filfncl iudicial action. Any owner or other interested taken person having any objections or feeling aggrieved at any proceeding on appeal by the Planning Commission in ordering the abatement of any public nuisance under the provisions of this Chapter must bring an actioch n to contest such decision within thirty days after t ecthe date f su such decision of the Planning Commission. otherwise, 7 decision shall be deemed waived. Abatement of public nuisances by the city. (A) If the owner, agent of the owner, lessee, occupant, or person in possession of the property who may be served with a notice and order shall fail to take action as required he the notice i a witsionhin thandlain therein specified, or as extended by accordance with the provisions of this Chapter, the code enforcement official shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, in the discretion of the code enforcement official, be performed by city forces or by a private ursuant to the provisions of this code. contractor engaged by the city p the (C) Notwithstanding compliance with the notice adorder, described owner, and any other persons having an interest in the property in the notice, shall in e lcity Vents be jointly and severally liable for in securing such compliance. Moneys due all costs incurred by t appropriate in an the city pursuant to this subsection may be recovered pursuant to court in the same manner that abatement costs are recovered p this Chapter. Alternative rocedur s or nuisances. Whenever the code enforcement official determines t public nuisance is so imminently dangerous to life adjacent property that such condition must be immediately removed, repp aired roceduresed, the code enforcement official may implement the following p (A) Notice. The code enforcement official shall witthe ownerto make contact through a personal interview, or by telephone, the property or the person, if any, occupying or otherwise in reis al or apparent charge and control thereof. In the event such contact sons,dof the code enforcement official shall not such person, or p the danger involved isol tednd uirsoe ashat such condition be t preclude harm to any personor removed, repaired or property. nr 4 (B) Abatement. If the code enforcement official is persons unable to oa ake contact as herein above noted, or if the appropriate notification by the code enforcement b such official, thenot take the codecenforcement such time as may be specifiedyair, or official may take all actions deemed necessary to remove, poi city isolate such dangerous condition or conditions, forces or a contractor engaged pursuant to the provisions of this Code. (C) Costs. The code enforcement official shall keep repairm zed account of the costs incurred by the city in removing, or isolating such conditionm manner thatlabatementuch costssts are re samcovered pursuant be recovered by the city in the same to this Chapter. Account of abatement costs. (A) The code enforcement official, in conjunction with the director of all costs incurred unt by the for finance, shall ktotemizeaco ter.Such city in the abatement any public nuisance under this Chap and all direct costs and costs may include, but are not limited to, any expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, feeIs s costs r expenses, for experts or consultants, legal singoas a consequencedof theopublic fees, claims against y ar and rocedures associated nuisance, clerical and administrative cots, p with collecting moneys due hereunder. (B) Upon completion of the abatement work, the code enforcement official shall prepare,a report specifying the work done, the itemized costs of the work necessary to thee the names public nuisa addresses of the description of the property involved, include entitled to notice pursuant to this Chapter. Any such report may ch costs on any numberntther samether or noownership t Thecontiguous to report hallabe other, and whether or not under filed with the Planning Commission Secretary. Procedure for special assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing and passing upon the report. The Planning Commission Secretary shall cause notice of the proposed assessment, as set forth in the report, to be given to the owner in the manner specified herein. Such notice shall contain a description of the property sufficient to enable the When the Planning Commis ionrsons served to identify ,will hear shall and epass cify the day, hour, and placebe upon the report,er with any liable to beections assessed orforthe scostsh f ysuch raised by any persons abatement. Notice of the hearing shall be given not less than fifteen by the clerk for the hearing, andshall (15) days prior to time fixed also be published once, at least fifteen days prior to the date of the hearing, in a newspaper of general circulation published in the county. (B) Protests. Any interested person may ilea written the timeesetst with time the Planning Commission Secretary at any prior the hearing on the report of the code enforcement official. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The Planning Commission Secretary shall endorse on every such protest the date and time of filing, and shall present such protest to the Planning Commission at the time set for hearing. Hearing on proposed assessment. Upon the day and hour fixed for the hearing the Planning Commission shall consider the report of the code enforcement official, together with any protests which have been filed with the Planning Commission Secretary. The Planning Commission may make such revisions, corrections, or modifications in the report as it may deem just, and when the Planning Commission is satisfied with the correctness of the assessment, the report and the proposed assessment, as submitted, or as revised, corrected, or modified, shall be confirmed by me resolution. The decision of the Planning Commission on the report and the assessment and on all protests shall be final and conclusive. The Planning Commission may continue the hearing from time to time as it deems necessary. contest of assessment. The validity of any assessment levied under the provisions of this Chapter shall not be contested in any action or proceeding unless such action or proceeding is commenced within thirty days after the assessment is confirmed by resolution of the Planning Commission. Notice of lien -- Form and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the finance director shall execute and file in the office of the county recorder a certificate in substantially the following form: "NOTICE OF LIEN Pursuant to the authority vested in the Code Enforcement Official by the Provisions of ' 19—' of the Diamond Bar Municipal Code, the Code Enforcement Official on or about the _day of abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the this amount shall real property for the net expense of the doing of the abatement in the amount of $ be a lien upon the real property until the sum of $ , with interest at the rate of six percent (6%) per annum from , 19_, has been paid in full and discharged of record. The real property herein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19_. FINANCE DIRECTOR, CITY OF DIAMOND BAR (ACKNOWLEDGEMENT)" (B) Recordation. Immediately upon the recording of the noticeof lien the assessment shall constitute a lien on the real property assessed. �....,,. Procedures for collection with regglar taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who the shall enter the amount on the county assessment book opposite description of the particular property, and the amount shall be collected together with all other taxes against the property/ (B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning Commission may order a refund of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the Planning Commission Secretary within six bemonths verifiedafter by the person who became paid the and payable. The claim shall assessment, or the legal representative of such person. Remedies of private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner, lessee, or occupant of any such property to recover all costs and expenses imposed by this Chapter from any person responsible for creating or maintaining the public nuisance. Right of entry (A) Whenever necessary to make an inspection or to enforce any of the provisions of this Chapter, or whenever the code enforcement official has reasonable cause to believe that there exists in any building or upon any property any unlawful condition of prohibited activity which makes such building or property unsafe, dangerous or hazardous, the code enforcement official may enter such building or property with the consent of the property owner or with an inspection/abatement warrant signed by s a Municipal Court Judge. However, if such building or property occupied, the code enforcement official shall first present proper credentials and request entry; and if such building or property is effortptodl catecthe ownerenforcement otherofficial personsshall havingfirst chargemake reasonable or control of effor the building or property and request entry. (B) It shall be unlawful for any person, including an owner, agent of the owner, lessee or anyone in possession of any property within the City to refuse to allow the code enforcement official, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the code enforcement official, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. Continuing- violations. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. ,t Penalty for violation (A) No person shall violate or fail to comply with any provision or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction in the discretion of the Prosecuting Attorney. (B) An infraction by this Code shall be punishable by a fine of $50 for the first violation. Subsequent violations of the same provision of this Code shall be punishable by a fine of $100 for the second violation and $200 for the third violation in a 12 -month period. The fourth and any further violation of this Code within the 12 -month period shall be deemed a misdemeanor and prosecuted as such. Injunction The provisions of this Chapter may be enforced by an owner tr issued occupant by any of anycourt real property affected by suchjurisdiction over he suit or violationsthe or owner o p prospective violation." Severability. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. FAWP51 \WOMORDSTROPMAIN.TNC A:DIAMOND.BAR 14 DRAFT CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager REPORT DATE: May 12, 1993 MEETING DATE: May 18, 1993 FROM: James DeStefano, Community Development Director via Kellee A. Fritzal, Administrative Assistant TITLE: A RESOLUTION OF THE CITY COUNCIL `ING THE (CDBG) PROGRAM ARTICIPIOAN�HO EIZING LOS ANGELES URBAN COMMUNITY BLOCK GRANT THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR SUMMARY: The City of Diamond Bar has been participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the past three years (July 1, 1991 to June 30, 1994). The City qualifies as a Metropolitan City, based on a population of over 50,000 and can attain entitlement status effective July 1, 1994. As a Metropolitan City, Diamond Bar has the option to continue to participate in the Los Angles Urban County CDBG Program. If the City desires to continue with the Los Angles Urban County Program, it must execute a Cooperation Agreement by May 21, 1993. The agreement will be for a three year funding cycle, July 1, 1994 to June 30, 1997. RECOMMENDATION: Adopt Resolution No. 93 -XX approving the participation in the Los Angeles Urban County Community Block Grant Program. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed — Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? MAJORITY _ No 3. Has environmental impact been assessed? N/A —Yes No 4. Has the report been reviewed by a Commission? N/A — Yes .— Which Commission? No 5. Are other departments affected by the report? N/A _Yes — Report discussed with the following affected departments: REVIEWED BY: r Terrence L. Belange City Manager 4hesDeStefano Community D4evelo ent Director Kellee A. Fritzal Administrative Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Cooperative Agreement with the Los Angles Urban County Community Development Block Grant (CDBG) Program for Funding Cycle 1994-97 ISSUE STATEMENT: The City of Diamond Bar has been participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the past three years (July 1, 1991 to June 30, 1994). The City qualifies as a Metropolitan City, based on a population of over 50,000 and can attain entitlement status effective July 1, 1994. As a Metropolitan City, Diamond Bar has the option to continue to participate in the Los Angles Urban County CDBG Program. If the City desires to continue with the Los Angles Urban County Program, it must execute a Cooperation Agreement. The agreement will be for a three year funding cycle, July 1, 1994 to June 30, 1997. RECOMMENDATION: Adopt Resolution No. 93 -XX approving the participation in the Los Angeles Urban County Community Block Grant Program. FINANCIAL SUMMARY: will funded All costs associated with the Community noBlockGrant detennined.GThe Cites eceivesemoney annually CDBG funds. The yearly allocation ofCDBG Funds ca based upon a Federal formula. For FY 1993-94 the City will receive $290,932. BACKGROUND: The City of Diamond Bar has participated for the past three years with the Los Angeles Urban County Community CDBG program. As a participant of the program, the City retains control over its own CDBG funds based on program regulations. The County provides staff assistance, required federal documentation and legislative updates and the City has been pleased with the County services. Cities must either be an Entitlement City directly reporting to the Housing and Urban Development Department (HUD) or participate in an Urban County program to receive CDBG funding. In 1990, when the City first entered into an Cooperation Agreement, the Housing and Urban Development Department had not determined if Diamond Bar was an Entitlement City, therefore the only way the City could receive CDBG funding was through an Agreement with the County. Page Two May 12, 1993 Cooperative Agreement for CDBG Funding DISCUSSION: The City received notification that we are eligible to become an Entitlement City for the CDBG program, due to having an population of over 50,000 persons. There are three options for the City to consider for administration of the CDBG program. The first option is deferring designation as an Entitlement City and participate with the County CDBG program, as the City has done for the past three years. The Commission handles all reporting to HUD and Environmental Clearances, County staff provides information for Comprehensive Housing Affordability Strategy (CHAS) and Grantee Performance Reports. The City is provided with a Program Manager that assists the City. The City submits cash reimbursements to the County for payment of program expenses. The Program Manager assists the City with technical reviews, assistance when needed and programming. The second option is to become an entitlement city. To become an entitlement city there are many different requirements that the City would have to directly administer. Staff time and commitment would increase in order to handle requirements including: CHAS, Grantee Performance Reports and year end reports; National Environmental Clearance; letter of credit and annual single audits. If the City becomes an Entitlement City there would not a Program Manager to assist the City. The third option would to become an entitlement city and work with the County. The City would prepare a joint agreement with the County for assistance. For example the City could utilize the County's CHAS document. The City would have to negotiate with the County to determine an administrative fee. Staff contacted several Cities, HUD and the County to review the options. Based upon the information gathered it is considered that deferring designation as an entitlement city and participating with the County program would be the most cost effective. PREPARED BY: Kellee A. Fritzal Administrative Assistant RESOLUTION NO. RESOLUTION OF THE PARTICIPATION COUNCIL THE LOS ANGELES URBAN ONNUNITY APPROVIN�i THE PAR _ AUTHORIZING HRTO EXECUTE BLOCK. GRANT (CDBG) PROGRAX BETWEEN Los ANGELES COUNTYAND THE CITY THE COOPERATION AORE OF DIAMOND BAR WHEREAS, the City of Diamond Bar has expressed an interest in participating in the Los Angeles Urban County Community Block Grant (CDBG) Program, for the three (3) year cycle commencing July 1, 1994 and ending June 30, 1997; and WHEREAS, in order to participate in the Urban County Community Block Grant (CDBG) the City of Diamond Bar is required to enter into a cooperation agreement with the County of Los Angles. NOW, THEREFORE BE IT RESOLVED: that the City Council of the City of Diamond Bar does hereby approve the participation int he Los Angeles Urban County Community Block Grant Program (CDBG) commencing July 1, 1994. BE IT FURTHER RESOLVED: that the City Council of the City of Diamond Bar hereby approved entering into the cooperation agreement between the City of Diamond Bar and the County of Los Angeles and hereby authorizes the Mayor to execute the cooperation agreement on behalf of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED 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, approved and 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: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAINED: COUNCILMEN: LYNDA BURGESS, City Clerk City of Diamond Bar CITY COUNCIL itBPORT AGENDA NO. / MEETING DATE: May 18, 1993 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Secondary Access to the Proposed Diamond Ranch High School from within Diamond Bar (Deepsprings Drive) ISSUE STATEMENT: There may be a need for a westerly access road from existing Diamond Bar to the proposed Diamond Ranch High School. RECOMMENDATION: It is recommended that the City continue to explore the various options that may be available to fund the construction of a westerly access to the Diamond Ranch High School. FINANCIAL SUMMARY: It is not specifically known what the financial burden would be to construct a road from Deepsprings Drive to the Diamond Ranch High School site; however, estimates range from $3 to $5 million dollars. BACKGROUND: The Pomona Unified School District (PUSD) recently took possession of property in the northeastern portion of Tres Hermanos Ranch for the construction of a high school (Diamond Ranch High School). The California Department of Education has indicated to PUSD that a secondary access road to the site, preferably from the west, should be constructed to assure an acceptable level of safety related to traffic flow and emergency evacuation. Deepsprings Drive was indentified as the probable westerly access. The Council PUSD Liaison Committee has met with PUSD Board Members and Executive Staff to discuss the requirement for the secondary access road. The City has been asked by the PUSD to provide the westerly access (design, construction and financing). The Council PUSD Committee has met with representatives of the proposed Diamond Ranch High School booster organization, to discusss the access matter. The tenor of that discussion was that it would be unlikely that there would be support for a benefit assessment district (parcels within Diamond Bar located in the PUSD) to finance the construction of a westerly access. The Committee indicated that the City was not in the financial position to fund the construction of the access. However, the Committee did commit to continuing to work with the City of Industry to see whether the two Cities could find a reasonable solution the access road matter. AGENDA REPORT: DIAMOND RANCH ACCESS MAY 18, 1993 PAGE TWO BACKGROUND Recently, the PUSD has contacted the City to indicate that the California Department of Education has tentatively approved a secondary access proposal that would provide another access to the high school site from Chino Hills Parkway, 250 to 300 feet south of the main access to the site. Although this access proposal may satisfy the State requirement, it does not address the lack of more direct access to the high school from the existing Diamond Bar community served by the high school. PREPARED BY: ( Councilmen Forbing and Werner ) A:\WP51\N0RK\AGENDA\drhs.rd THIS MEETING IS BEING BROADCAST LIVE BY JONES FOR AIRING ON CHANNEL 12, AND BY REMAINING IN �m YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. 3.1 Proclaiming May 16-22, 1993 as "RAIL SAFETY WEEK" 3.2 Proclaiming May 1993 as "FIRE SERVICE MONTH" 3.3 Certificates of Commendation - Graduates of Los Angeles County Sheriff Department Citizens/ Academy - Appointees of Sheriff/s Civilian Advisory Board. 3.4 Presentation by Diamond Bar Chamber of Commerce Donation of funds for picnic canopy at Carlton J. Peterson Park. 4. SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - May 19, 1993 - 7:00 p.m.,. AQMD Auditorium, 21865 E. Copley Dr. 4.2 Planning Commission - May 24, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 General Plan Public Hearing - May 26, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Parks & Recreation Commission - May 27, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.5 Memorial Day Observance- Monday, May 31, 1993 - City Offices will be closed. 5. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please comDlete a snosalrer �a_a Council. Next Resolution No. 93-31 Next Ordinance No. 04(1993) 1. CLOSED SESSION 5:00 P.M. Litigation - Government Code 54956.9 Diamond Bar Assoc. v. City Personnel - Government Code 54957.6 2. CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Mayor Miller INVOCATION: Dr. Robert Wiley Jr., Northminster Presbyterian Church ROLL CALL: Councilmen MacBride, Forbing, Werner, Mayor Pro Tem Papen, Mayor Miller 3. SPECIAL PRESENTATIONS, 6:45 PROCLAMATIONS, CERTIFICATES ETC., p.m. or earlier 3.1 Proclaiming May 16-22, 1993 as "RAIL SAFETY WEEK" 3.2 Proclaiming May 1993 as "FIRE SERVICE MONTH" 3.3 Certificates of Commendation - Graduates of Los Angeles County Sheriff Department Citizens/ Academy - Appointees of Sheriff/s Civilian Advisory Board. 3.4 Presentation by Diamond Bar Chamber of Commerce Donation of funds for picnic canopy at Carlton J. Peterson Park. 4. SCHEDULE OF FUTURE EVENTS: 4.1 General Plan Public Hearing - May 19, 1993 - 7:00 p.m.,. AQMD Auditorium, 21865 E. Copley Dr. 4.2 Planning Commission - May 24, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.3 General Plan Public Hearing - May 26, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Parks & Recreation Commission - May 27, 1993 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.5 Memorial Day Observance- Monday, May 31, 1993 - City Offices will be closed. 5. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please comDlete a snosalrer �a_a Council. MAY 18, 1993 PAGE 2 6. COUNCIL COMM MS: Items raised b Councilmembers are for Council discussion. Directionlmay ube given at this meeting or the item may be scheduled for action at a future meeting. 7. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 7.1 APPROVAL OF MINUTES: 7.1.1 Regular Meeting of April 20, 1993 - Approved as submitted. 7.1.2 Regular Meeting of May 4, 1993 - Approved as submitted. 7.2 WARRANT REGISTER - Approve Warrant Register dated May 18, 1993 in the amount of $238,404.34. 7.3 PLANNING COMMISSION MINUTES: 7.3.1 Regular Meeting of March 8, 1992 - Receive and file. 7.3.2 Regular Meeting of March 22, 1993 - Receive and file. 7.3.3 Regular Meeting of April 12, 1993 - Receive and file. 7.4 CLAIMS FOR DAMAGES: 7.4.1 Filed by Lavinia Rowland April 27, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.4.2 Filed by Trung Ly April 29, 1993. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 Bond Exoneration for Grading on Parcels 1 Through 4 of Parcel Map No. 13041 (Country Hills Towne Center) - The City desires to exonerate the surety bond posted for grading of Parcels located on Diamond Bar Blvd. Recommended Action: Approve the exoneration of the bond Posted for Grading on Parcel 13041 in the amount of $101,780. 7.6 Grading Bond Exoneration for Condominium Complex on Tract No. 51079 (800 South Grand exonerate the bond posted for The City desires to $7,000. grading in the amount of Recommended Action: Approve exoneration of the Certificate of Deposit for grading. MAY 18, 1993 PAGE 3 7.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF SEWER IMPROVEMENTS KNOWN AS PRIVATE CONTRACT NO. DB -91-47722 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF - Sanitary Sewer No. B-91-47722 was constructed in 1992 as part of the improvements in Tract 47722. It was subsequently, inspected and approved by the City's Department of Public Works based upon the satisfactory completion of the improvements per approved plans. Recommended Action: Adopt Resolution No. 93 -XX request- ing the L.A. County Consolidated Sewer Maintenance Division to accept transfer and conveyance of P.C. No. DB -91-47722 for future operation, maintenance, repair and improvement. 7.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PARCEL MAP NO. 23629, FOR A SUBDIVISION OF ONE PARCEL (FOR THE PURPOSE OF COMMERCIAL CONDOMINIUMS), INTO TEN PARCELS, (WITH FOUR OF THE PARCELS DIVIDED INTO UNITS A AND B) AND LOT A WITHIN THE WALNUT BUSINESS CENTER, LOCATED AT 20418 WALNUT DRIVE - Approval for subdivision of one parcel into ten for commercial condo- miniums was submitted to the City for final parcel map approval. Recommended Action: Approve Final Parcel Map No. 23629; adopt Resolution No. 93 -XX and direct the City Clerk to certify and process the map and CC & R's for recordation. 7.9 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT NO. LL -93-003 TO ADJUST THE LOT LINE BETWEEN LOT NOS. 66 & 67 OF TRACT 33636 AT 1343 AND 1344 RED BLUFF LANE, WALNUT - This adjustment was submitted in order to adjust the position of the lot line running east/west between Lot No.s 66 and 67 of Tract Map No. 33636. Recommended Action: Adopt Resolution No. 93 -XX; author- ize signature of related documents; and direct the City Clerk to process the Lot Line Adjustment for recordation. 8. PUBLIC HEARING: Will begin precisely at 7:00 p.m. 8.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL OF CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 93-1, AMENDING CONDITIONAL USE PERMIT NO. 494-1, AND DEVELOPMENT REVIEW NO. 92-6, AN APPLICATION TO CONSTRUCT MAY 18, 1993 9. 10. PAGE 4 A CAILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S S. DIAMOND BAR BLVD., AND SUSTAINING •THE ODECISION OFITHE PLANNING COMMISSION - On March 31, 1993, Carl Karcher Enterprises, Inc. filed an appeal regarding conditions of approval set forth by the Planning Commission for con- struction of a children's outdoor play area with supervisory seating to an existing quick service restaurant located at 141 S. Diamond Bar Blvd. Recommended Action: Open the Public Hearing, receive testimony and adopt Resolution No. 93 -XX denying the appeal of conditions of approval and upholding the Planning Commission's decision. OLD BUSINESS: 9.1 LANDSCAPING ALONG THE PROPOSED METAL BEAM GUARD RAILING ON THE NORTHERLY SIDE OF GRAND AVENUE - meeting of April 20, 1993, Council directed urinstaff tto evaluate various landscaping options along the proposed guardrails on the northerly side of Grand Avenue. At this time, staff proposed that no landscaping be installed and that the construction of guardrails be limited to no more than 2,000 lineal feet. Recommended Action: Consider limiting construction to no more than 2,000 lineal feet of guardrails with no additional landscaping. 9.2 AWARD OF CONTRACT FOR SUPPLEMENTAL GRAFFITI REMOVAL - At their meeting of January 19, 1993, Council directed staff to solicit bids seeking a contractor to supplement the Boys & Girls Club of San Gabriel Valley for graffiti removal in the City. Three contractors submitted bids, the low being $16,590 ($30 per site) by Graffiti Control Systems. Recommended Action: Award a contract for supplemental graffiti removal to Graffiti Control Systems, the lowest responsible bidder, in the amount of site). $16,590 ($30 per NEW BUSINESS: 10.1 LANDSCAPING ASSESSMENT DISTRICTS, FY 1993-94: 10.1.1 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 2.2623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT MAY 18, 1993 PAGE 5 FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council's, direction of April 20, 1993, staff has prepared the Engineer's Report for District No. 38 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. 93 -XX approving the Engineer's Report and declaring the City's intention to levy and collect assessments for District No. 38 and direct the City Clerk to advertise the public hearing for June 15, 1993. 10.1.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council direction of April 20, 1993, staff has prepared the Engineer's Report for District No. 39 for the 1993-94 Fiscal Year. Said report has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. 93 -XX approving the Engineers Report and declaring the City's intention to levy and collect assessments for District No. 39 and direct the City Clerk to advertise the public hearing before the meeting of June 15, 1993. 10.1.3 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 1993-94; AND FIXING A TIME AND MAY 18 1993 r PAGE 6 PLACE FOR HEARING OF OBJECTIONS HEREON - Pursuant to Council direction at their meeting Of April 20, staff has prepared and Engineer's Report for District No. 41 for the Fiscal Year. 1993-94 Said report has been prepared Pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Recommended Action: Adopt Resolution No. declaring the Engineer's Report and g the City,s collect assessments intention to levy and for District No. 41 and direct the City Clerk to advertise the public hearing for June 15, 1993. 10.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SPECIFICATIONS FOR CITY-WIDE STREET TREE MAINTENANCE SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - The City Complete its first year of City-wide st eetstreeout to Main- tenance with a private tree maintenance firm. provided by the The work private contractor has been excellent; however, in order to get the best price for scheduled tree trimming services, contract out to bid. to take the In it with the it is necessar five-year plan for trimming 11,000 street trees, staff has identified 1,954 trees that will require routine service during the 1993-94 fiscal year. Recommended Action: Adopt Resolution No. 93 -XX approving plans and specifications for city-wide street tree maintenance. 10.3 STATUS REPORT ON THE DRAFT PROPERTY MAINTENANCE ORDINANCE - Earlier this year, Council members were appointed to a Code Enforcement Subcommittee in order to begin crafting an ordinance responding to complaints received by the City regarding the lack of property maintenance on some residential and commercial properties. Recommended Action: Refer the Draft Ordinance to the Planning Commission for review and recommendation upon completion of City Attorney analysis and subcommittee review. 10.4 RESOLUTION NO. 93 -XX: APPROVING A RESOLUTION OF THE CITY COUNCIL THE PARTICIPATION IN THE LOS ANGELES URBAN COMMUNITY BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATION AGREEMENT BETWEEN LOS ANGELES COUNTY AND THE CITY OF DIAMOND BAR been participating in the Los The City has A Community Development Block Grant ngeles Urban County (CDBG) Program for the MAY 18, 1993 PAGE 7 last three years (July 1, 1991 City qualifies as a to City, June 30, 1994). The Population of over 50000 and can attain t status effective July,enitlement Diamond Bar has the 1, 1994. As a Metropolitan City, Option to continue to participate in the L.A. Urban County CDBG Program. to continue with the L.A.Urban Countlf the City desires execute a Cooperation Agreement b y Program, it must agreement will be for a three year 'funding cycle 9 July 1, 1994 to June 30, 1997. Recommended Action: Adopt Resolution No. 93 -XX approving the participation in the Los Angeles Urban County Community Block Grant Program. 10.5 REPORT ON ACCESS TO POMONA UNIFIED SCHOOL DISTRICT HIGH SCHOOL SITE - The Pomona Unified School District (PUSD) recently took possession of property in the northeastern portion of Tres Hermanos Ranch for the construction of a high school (Diamond Ranch High School Department of Education has indicated�to hPUSDl that la secondary access road to the site, preferably from the west, should be constructed to assure an acceptable level Of safety related to traffic evacuation. Deepspriflow and emergency. ngs Drive was probable westerly access. identified as the Recommended Action: It is recommended that the City continue to explore the various options that may be available to fund the construction of a westerly access to the Diamond Ranch High School. 11. ANNOUNCEMENTS: 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For May 18, 1993 1. CLOSED SESSION: 5:00 P.M. Litigation - Government Code 54956.9 Diamond Bar Assoc. v. City 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 il,. PUBLIC COMMENTS: �r. COUNCIL COMMENTS: '. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES ETC., 6:45 p.m. or earlier DRAFT 05/12/93 Page: 1 5.1OCLAIMING MAY 16 - 22, 1993 AS "RAIL SAFETY WEEK i�1Cr 5-J C- Yrv0r-� 5.2 PRESENTATION BYIAMOND BAR CHAMBER OF COMMERCE onati of funds for picnic canoe P -t n CONSENT CALENDAR: 15) CSL' u# . 1 SCHEDULE OF FUTURE EVENTS: �� a 4.1.1 GENERAL PLAN PUBLIC HEARING - MAY 19, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. .1.2 PLANNING COMMISSION - MAY 24, 1993 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. �-1.3 GENERAL PLAN PUBLIC HEARING - MAY 26, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.1.4 PARKS & RECREATION COMMISSION - MAY 27, 1993 - - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. *.1.5 MEMORIAL DAY OBSERVANCE - CITY OFFICES WILL BE CLOSED rQ� 11 (-"-J _1� �, l y � -3 1.2 APPROVAL OF MINUTES: 6.2.1 REGULAR MEETING OF APRIL 20, 1993 6.2.2 REGULAR MEETING OF MAY 4, 1993 6.3 WARRANT REGISTER - APPROVE WARRANT REGISTER , dated May 18, 1993 in the amount of $ City of Diamond Bar Meeting Agenda For May 18, 1993 05/12/93 Page: 2 6.4 PLANNING COMMISSION MINUTES: 6.4.1 REGULAR MEETING OF MARCH 8, 1992 - RECEIVE & FILE 6.4.2 REGULAR MEETING OF MARCH 22, 1993 - RECEIVE & FILE 6.4.3 REGULAR MEETING OF APRIL 12, 1993 - RECEIVE & FILE 6.5 DENIAL OF CLAIMS: 6.5.1 FILED BY LAVINIA ROWLAND APRIL 27, 1993. Recofurther actionended Reject request to CarlWarren& Co.,rthe rmatter City's for Risk Manager. 6.5.2 FILED BY TRUNG LY APRIL 29, 1993and refer matter Recommended Action: Reject request for further action to Carl Warren & Co., the City's Risk Manager. 6.6 BOND RELEASE - COUNTRY HILLS TOWNE CENTER - Grading. Recommended Action: 6.7 GRADING BOND EXONERATION The City desires to exonerate the bond posted for grading at Tract No. 51079 (800 S. Grand Ave.) in the amount of $7,000. Recommended Action: Approve exoneration of the Certificate of Deposit for grading and direct the'City Clerk to notify the American International Bank and Seven Diamond Brothers Diversified, Inc. of the exoneration. 6.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, To ACCEPT 1) THE VACATION OF A SEWER EASEMENT AND 2) THE OFFERING OF A RELOCATED.SEWER EASEMENT LOCATED AT 3302 SOUTH DTANORESOAR BOULEVARD ANDDEED DIRECT THE CITY CLERK TO. RECORD HE Recommended Action: Adopt Resolution No. 93 -XX... 6.9 TRANSFER OF SANITARY SEWERS (PIERMp,RINI) Recommended Action: 6.10 FINAL MAP 23629 YELLOWBRICK RD -- Recommended Action: 6.11 APPROVAL OF LOT LINE ADJUSTMENT BETWEEN LOTS NO. 66 AND 6F LANE T� Lot Line Adjustment has be 6LOCATED T4enD 1344 RED BLUFF City of Diamond Bar Meeting Agenda For May 18, 1993 6.11 APPROVAL OF LOT LINE ADJUSTMENT BETWEEN LOTS NO. submitted to the City for app 05/12/93 Page: 3 Recommended Action: Approve the attached Lot Line Adjustment; authorize signature of related documents; and, direct the City Clerk to, process the Lot Line Adjustment for recordation. -7: cr--d 1-h OLD BUSINESS:� &.1 METAL BEAM GUARD RAILING ALONG THE NORTH SIDE OF GRAND AVENUE AT ROLLING KNOLL - Conceptual plan for guardrail including landscaping. Recommended Action: 8.2 AWARD OF CONTRACT FOR SUPPLEMENTAL GRAFFITI REMOVAL - Bob Recommended Action: '$. NEW BUSINESS: <4.1 LANDSCAPING ASSESSMENT DISTRICTS, FY 1993-94: Cq.1.1 RESOLUTION NO. 93 -XX: LANDSCAPING ASSESSMENT District No. 38 - Set time and date for public hearing9"-111— S,� Recommended Action: 1.2 RESOLUTION NO. 93 -XX: LANDSCAPING ASSESSMENT District No. 39 - Set time and date for public hearing Recommended Action: '$.1.3 RESOLUTION NO. 93 -XX: LANDSCAPING ASSESSMENT District No. 41 - Set time and date for public hearing Recommended Action: 1.3 RFP TREE TRIMMING - Recommended Action: 4 RES ION NO. 93- A RESOLUTI F THE CITY CO CIL OF THE TY DIAMOND A HORIZI SEWER EAS ENT, ETC. 330 SOUTH D ON BAP City of Diamond Bar Meeting Agenda For May 18, 1993 t ARecoo'm'-m/ended LUNAc�n RESO F T 4.5 PROPERTY MAINTENANCE REVIEW - Recommended Action: (4.6 CDBG CONTRACT FOR NEXT 3 YEARS - Recommended Action: J 01. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS MATTERS CAN BE HEARD. "f.1 CARL'S JR. APPEAL - Recommended Action: 10. ANNOUNCEMENTS: 11. ADJOURNMENT: CITY 05/12/53 Page: 4 THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON Our City Council does not think there is sufficient citizen support AGAINST the South Pointe Master Plan/Sandstone canyon Project which will include 30 acres of retail commercial, plus 210 homes that will completely destroy 171 acres of pristine canyon. This destructive canyon development will impact the entire community Df Diamond Bar, with an additional 13,000 daily vehicle trips, gridlock traffic, increase smog and noise pollution to unacceptable levels. The location of Sandstone Canyon is north of Pathfinder, south of Colima and west of Brea Canyon Road, (also known as Area A). When you sign this petition, you are saying "I am for the completion of South Pointe Middle School as soon as possible and removing the school from the Master Plan. I am against the City's participation as a developer and totally against the destruction of Sandstone Canyon." I am a resident of Diamond Bar. �j THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON Our City Council does not think there is sufficient citizen support AGAINST the South Pointe Master Plan/Sandstone canyon Project which will include 30 acres of retail commercial, plus 210 homes that will completely destroy 171 acres of pristine canyon. This destructive canyon development will impact the entire community Df Diamond Bar, with an additional 13,000 daily vehicle trips, gridlock traffic, increase smog and noise pollution to unacceptable levels. The location of Sandstone Canyon is north of Pathfinder, south of Colima and west of Brea Canyon Road, (also known as Area A). When you sign this petition, you are saying "I am for the completion of South Pointe Middle School as soon as possible and removing the school from the Master Plan. I am against the City's participation as a developer and totally against the destruction of Sandstone Canyon." I am a resident of Diamond Bar. THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON H ARE ODdHPROPOSEDEOFRIGEN D REGARINTHIS VE DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIQN NAME^ ADDRESS PHONE T-7 7Z-7777 r rill orlj �cf � 5.W 6(14j ?1/' / 1�� /►IrC'N/1£L G (%ii�j //�/7 /�` �'�ic _iuc -�ivsr >/ 04,-; r� g17j q�,q -/2.52 12. % ��� �� ✓� 2 �i�j., 3. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS punwTr BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE Q NYON WE ARE AND FRIGHTENED RREGARDIENd THIS PROPOSEDEY VELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 5. WI. �J�� iJJtvnet�'+ �( fq — 7q q-�l 6. Caai lyl-7 GLENN 40-4-14 5 A917,.Jr�i�-o-►tid �e� 90 9� -D O` ;Qf- 6 MAN L ft`f WOO cep q 10. Q • Q 1 J-j- &-70 o'o �E �- vv -u -'K12. J'L�� c... CA iV a "L ie!' 13. n Vr� J A -h LZ -v L L e d'tnU LA,(kirO Kco a BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS punvlp D^ r% I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED ROEGAARRDGIENd THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE GAR I AM A RESIDENT OF DIAMOND, CALIFORNIA ,4j. .237o.7 � 1 6S ? IA '�rl l —0 2 Gt 7 6,5 - -De,, m o'r f'c3sl, �q/e J-0 -� /- 3 S- 7. s �� aw3 9 . . W X02-73 �o2T�i� �- 9 Gvl9c"ul- e/i Rr 7 S 9 90c( l0 X32 l Ic o 9 /F D� � I o� A.(12(—S —u) 12. b k4 � �n 4ke fe 76 V -Ki h.. l! 0 l� 13. IV, s D c GAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED NED AREOUTRAGED, SHOCKED PROPOSED EVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. Mom Lwl'e'� 'il C' 2. k 16-t-� Asv �. .:-�zS-9- F_.n cc-sj."lj'jnL- --19'"• g(f-©lS'--L— w 5. 4e'!2�- r r7 q rcz�(; eAAJ 7. L c -z- 8• 9. 6 10.' 11. 12. 13. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTEN D AREREGARDING THIS PROPOSEDAND DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA v� i _ r v r t cl 2. . 351 /271 s5topq f3g �0 ,j 4. La t� Leef G 5. f -F)- - j>O I 6 . A a(7 ?Cj 714 7. s. oc)6 v 7- PG/ - �6 10. 11. 7eq- - P'..7 12. jz� c7 -j- KC 876, 13. I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14.��^�� ��� �2Gi �T� !,lul.(,{,..�(.,� �C����� , � ��� �`�1�•� �S��C�Ti?4- 15. q!� 16.��--G1-j.. h , � ? / Y 17. 18' 19. 20. r �SCDD�P�w 21. i 22. 23 loll 24.o�� oC LV S�eAA a, • ��S ' 27 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE ICANYON WE ARE RGDENTHISPROPOSEDFRIGHTEN D EARIUEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA 2. Jill nI r 6-'f - trout 3. J„ r l , � w �O0C> U 5 . .S 6 "• 2-v > M ,55,o,fiei�, 2 8 . f Evac D f6oI_ 4S 10 x x -- 392 a, 7W 12. 13. I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA PHONE THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON A WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA EMU t I AV A y �� ,WMEFAil BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA Do T �SUA42EZ 2 2g'qZ E- 9ILTofj Na .j# 280 1 t»�M-AoAZ -PA-P—, , C 91765— %0 _ J�1�� ��G�j,�y,p� ���OA iYl/91AGA CJ2 15. I __)q71) I4vo ►� '`F�0� "Dl - 16. 16. 17. �; fc 25 c,�aS P!n>10w Q( �ia01 1 1 e ..�.�.�.. h /goReNb lv► o-'.�-�.� 1 7 �... G o a z ,o<" ��►. Ott 24 20. 21. `-�" bra. n . L 2 2. 2 3 . 3 1't Al- 24 . N1 4-/1 G AAF r €o Ao,vds n oo 25.Q/i�Ce 0-2 - A/ 26. Gl avk 1.7,ri ✓.P Q � y - 3 � e hA M a day 2!:�f j,,4.-ji1 i �Fw,44 #/arA w28. ) �`Z� R,� F L- GAG 1i ►'`'t t � ti - 29 . 1312 b /Q 0 1-a�3os lib 9�)'� S1 p d 30. J BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE (CANYON WE ARE AND FRIGHTENED REGARDING SHOCKED PROPOSE PROPOSED WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & WN NAME #DDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA Pi 172 2043SH����l�� C— C) - ^ 3. 4. �i bj*LA.,,T C-4 `?/ c S���l-Z/r' Il //E//,7>/ &4 '917,4(-fil 3� 8. e/ r -57 Io - 10. 10. PeWV' 11. ti 11i '7z- �S- 12 .� �N r � LE �� � 7q! J g C F -r6 s)-, acted W0O'D P, 13. o'la I7 S S—J '3(o I AM A RESIDENT OF DIAMOND, CALIFORNIA Pi PRINT & SIGN NAME ADDRESS ', - '/ ; ^ A /) . PHONE 14. 1�!7'r' :14" 15 16. I/ �-I `l 18. 'aGt Gj� 9. 20. l4iv *1 1. 9 -003(. 21. 22. u' ; 23. 4 / �rl ���� , 24. ( SSI N Fl 25. % o TSI VI 2L M( 26. YO, '` 27. 28. ,o77J y,Q ��. %�L%lZ ,.2o�6S /t%/SS/oi+w�Y /��vC� ✓ �Gt�'_ ZS�s'O :29. fJrpr NA A -w-, C'l* q 17_gg Near ��c�J � �Qflr�do,�h,� 020 �v� SSS lo�'tur� 1�1Gi�9 30. L/ I AM A RESIDENT OF DIAMOND, CALIFORNIA oo 41 THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED ARE REGARDING; THIS PROPOSED DEVEAND LOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. 4� oq A/ 4'ovr 15 59 y- 72 f % 2. A__r-7297 3. a -�S SS,on6 �09 59�-b3cP G✓ 4 fl6.c fes. o yjG 7. Zvi SCIN, 8 9 . ° 10. 16 !ATI Lo 4 12. 2079'/ .TGte E I AM A RESIDENT OF DIAMOND, CALIFORNIA Y L iql"' --1 PRINT & SIGN L&ME ADDRESS PHONE 14 . Ila lAL: 09/1 c?Al Die 15. V 1 �� �� �'�yLA 6 rn ` l 2-G(o(o, 1�kCOr oq� . ✓ 17. id 1►')') �:� �C�(o (.l�-aC� �L! rY� �r I �� ,�� ��� �`1 �- 18. Zv 44 fk, C,, or '1s 7kZ1 20. Jt 'r- n'll G ZL� �• i `�,yn -� - YV(ws 21. -W' � :22 . ,i 5. WZWe59,4 8'lr 1-5�L 23. 24.576 D- 7 25. --3 q — do� L 26. W 07 3 1 7 2 7. C f� . 28.17, 29 . 30 .Tm ar l 4 - 4ad ,;t3a/3 G4) /- D I g4 / -nol I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED ARE REGARDING SHOCKED PROPOSE DEVDAND ELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF.SOUTH POINTE MIDDLE SCHOOL PRINT &/d;;'d NAME ADDRESS PHONE j I AM A RESIDENT OF DIAMOND, CALIFORNIA off► 2. o Josue P++- JT ojt7b GA. 6. ,3 7 . ky ie n z- � •1 9. Zz-3 P �2� Gam, Sis-8,�3 to . a.� IA4,1D eo e,61VybV s,*-/A/,�, 12. M/jR� fcAiJ j I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SWN NAME 'ADDRESS PHONE Y I AM A RESIDENT OF DIAMOND, CALIFORNI& a a 147 4 ' r4 t 44q JCAJ 14 . 7�iAut o w a Cl 15. a 16 17. � 18. Al$7 3 nci l l 20. .skn��s g �� 21. 22. ,E L A P,4)pt? i 2 3. 24N- -OL E 96, -,77 S Z- 25. ohm o� U"luell 23s�r S D3 26. 26. cls d �J 066 27. , -) s 44Z.6. tic 4. 2$ 2 Z 74 '� L,14t : '"� &-L Ofrr7 30 t)lb Geld 6A,(- C& %7 po — Y I AM A RESIDENT OF DIAMOND, CALIFORNI& THIS IS A + i<ASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH AAA01, POINTE MII3DLE SCHOOL PRINT & SM NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA OW 'i! -Z2-.-3 � "o. � r� �.- a,...��/ ✓cam ZZZ.3 ,,�...,���f'.,. �`� 4 • C' 1C SL Iwo 23630 8 mauOm�,uT �'av 81v1-2gq? 5. 6. JD r ; ? 8 .7 Y 9. L! 4 v i 12. i, t� 13 i I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 4� U I U BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 1-j �.( g6�-ay KU 14 . 9411 S:llnf L . Senile -t /y'1p.�',n�2 15. N/ 16. 3) 3 18 . P k�'IVA-ciels t ISO s�- 0-�6 s - I�-o►-fl Liu �ztg�— 20. ELIZA867?VK CCCALA 21. 7541 P4x1144NDLF' Dle . 3C -5 - 22.M� Mule/ T�2 23.i— f i— 7, F 24. M� S I Oma' /dCry�r/s•v $ Civ • b - ��a 8� 3 H�1lst G �� 4 25.x_ "I 0000r 26. - Sy L/ w/ 7 -Z - Z27• 27. - _91765 t(cf M U/ors 23 tz r , tice Li,vc ie, 28. ,C.a�.% ,�vtu -�•L✓e 7�$ ,� ,6nu� gam- S�tS-� � � 29. 30. avo AN -CA U I U BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE ro?2. 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[ -/ BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING; THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCIJOOL PRINT & SIGN NAME ADDRESS PHONE 1 • P.4T21C/ /%%. KE1✓isff � 9/l1 CLe1'-,2�1 2. �� l U4'.3 t_ �%Qm-%Iola c( 3. �l� �J�gys� Vic= �i C . �r►fro,d 0 �6 4 5. s. e-V-�`•sGQfA7 Np flR, A sAvw 2 *Irls . a uK on Da✓� r. o d a✓ GFl g G ( &&31 9. .�1G-03 2 A e 77 G e'e �* its � y c - SI 12. r �Lt��Ty c'o 4 « a 13. E09GI-E NEST DJC. c DAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED OUTRAGED, THIS PROPOSED EVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS n PHONE U u I AM A RESIDENT OF DIAMOND, CALIFORNIA C3 3. MS 7. s. t& , r�A K yS0 1 U� 9. I ��a^Acw o 113 �, t Ou C -e- Sq q - `i $ � 4/,7 12. olli 13. n �-ydq U u I AM A RESIDENT OF DIAMOND, CALIFORNIA FRI PRINT & SIGN NAME ADDRESS PHONE • 14 .Wit i ►oq- C�p►N P.v� - LN VT . C -PA - q 17 Sc) 47 $ �- //O'/ 15. u -` (,vim C I+ 9 �1v9 9�— Y7 / -7 S—qs �'rii06 17. � GhlR�l� 7n / Uy 1 s Gv�e�uT � . _55_7 �l 20.6L �72 c7i7s-4 71 21. .r. &N tQfLj P LNUP —95— 3 STEP1A su 2 2. d gm r, -AN o ck 5-23. o� %CIO 24. 25.W � ��OB3� f�ttSf�o�uf�Ps{ R.+.DG� 5q8-5�+�3 LVALI-W7, [ G4uF, 26. a/a 1037 /-� CW0 /'//r Ael( . 6'a' h." &_ 9 r/ S= 6 6 At 6a.� '/- / 3 s � Ur�2z�/L-' /0/- 21. 21. IA&jy, AAae , CA- 79 2 8. 5-9 (no -7-7711vu'" CLe g` �` �•�'�,z-� 9 / ? $ go ��-t�-�s�2 ►.A t-1 A-tr � u5 �=1 f � � Sc� . Gates (;n*� vet! 29. VAL,uvT- CA Il ?5 S �iQ �2v.5 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14 7S7f -7 -2 -7 7 15. 16. 90 ,1900 �lC ? 2_c'r%t ti 18. 19. 20 . -5 1'--73 y< 21. � 15 ✓ J� � ) 22. �l G v Z -7 L� 23 .�u , C CVQ't' a a is Cr+td- w� k 24. jo % 7)7 oq- A2 26 27 . 2c �/V �a h X60 7 3 z /�► 28. Y(, t— -7.2 C 29. GCb�e�G01i...fl'd��1-� �-- �l �� 30 ' I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE rANYON FRIGHTENED N D RARE OEGARDINU THIS PROPOSEDEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA ern -2-0s 2, � � biz L --.v may- y 3. O S Jt S32 3 �.. �0►�"3. � ebco� 4.ot 13-3,V ' •-ate 15 10.114 S9-4 609) 12.Ixg Ql1 �S �j D 9-�•/-Slp6 13. -v. I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE It 1 AM A RESIDENT OF DIAMOND, CALIFORNIA 14 -T h n U 15. 16. 1135 S'c pt 17. 0,2 a 33 C.4 i 18. 2 2 . Ul )d j6 �`- 23. 24 . Z132 a L.aSS U Df, �vE /iNUN E f,G19AXF-'r— 2 5. G�e.CI.�✓ % % CO(J E ��Y �" 70 27. a10$-10 Gv%.b 1�.,.. 9r . 1 --7 fE3 29 . L (/• ct�. �191?7 L G/ Z Li, 7 ,� 40 - /YY 30. It 1 AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED REGARDING ED SHOCKED PROPOSED DEVELOPMENT. O MENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE �. aro�s�� /�en�to�AL-L-DP 3. ��/ - 7 low_ 5 C^� /9 �o g 6 v 6 . ' G� � 1�� 3 � ter. � ��/• �6/ i 8. IAJ lZ I/ j( u/6 -e,, (7 4 �5 Of C 4Z a FG 077,C 9 . • a....�_ A 2- q S rDAx- , 55,3-- 4 6 gf<�- 10.CkA,r C'zQ,-/ V 4 o J3 13. e A c-0r� 4� u Avod'- & l4cLs- I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE tv ±v - 14 • 114 c� c%v D 15 �2Y>orav� i r C 4lA�L L� 16. e�utalr� N�wt� 3(i 64*&z V - Ah -p a �4 /:F :17.It90 Ez Ok 33 v Ck Ive20. wA . M��ru�Z 21 �� 7C Of4of c -P h47z�, Ce� q (?C-T- c ; I A7,22. ua 23. -- (./ 3 70 24 . .'q 6 ' / fz.�� .310 V C- 6�010'eh SP',l ,-S bk-, 25. .t - 1"D HiQ l r c u�� 1 /sv% t . plc c 'o . 26. ® o� c-a-rx o� .�ia�. rJ 7 gK n•t �c 27. �{ 9V5Trc/cr i( �'�ENGs SGA -275- 27S28. 28 I rc 7 75 54+eRso-V ):;,t4, aYWD &f& 29. 30. fV MAI BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED RARE OEGARDINd SHOCKED PROPOSE PROPOSED OPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE L A / 1 Z/2 0, 63 cA i'/ 7 6 S 39'6- i J c S 2. M04tar.Q- ..(3 Cl I "1 b S" 3 Arrtnc ?uc►c4 Mfin-•-w 073 fry !/)*.V 0 ! o /`7 s yd D►Xi F_ o ToM 1030 i-44)/ .Y e,091V ro.v « 4. piAmvti� a� e , CA - uika�� D ivrl /v3d fids �- Q r •v �� 5 A Of I v P) !3.4 2 , (2 4 f/ 7G � �v0 6. 15o PAN1} A0p Le VQ- � i~ RAY. 8t 1 1.30 8. (2A eq C6r-,h L 9. CIA� �-{DufcLA55 �L. �' ��0 10. eGo 4-r� &IAI�n tr Z' . Roo - 6 . 11 L Qqoo - G.[ S ori S ��( gloo_ `�P9 12 -P 7 9 / / �` l (M /�Av I .J&? wtvaUPO-Ivqq 1� a ►nG � 2n !/ q 8AR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PHONE THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE AND FRIGHTENED ROEGARDINd SHOCKED PROPOSED EVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SI rN NAD�E ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA d 1-/ �v 4 5 . S tW G.I,Wi w 6. ' di Z Z 7 . 2-33-r-7 �Q9d 8. 9. 10. 11. 12. 13. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA n e, e r�� e�5 VAV&wj9( F $60�d 38 14. q 1-7tP� k) cn nu , 13c s/ //-e //y f P co 15. 16. LEI 17. OF 1 4-m 10 I-ld /lip LIA Z2531 L. rtR0.5 18. 1)14,q 0A1j0 1,947t I (Q < t f -`.tee \`b llow fir. 19. ���'� CJ0.ti�TSv 23132 Rig 1.-o6osf�-� 21.VA b cx�y- Z z s z s H1-40,4 N� 22. D- awou, Ga x, ����.1 3q 23. Y Z zzS' 'µ01-W Avg - OU SAW e7V 0719 24. 25. 6 g f �- q% N 3�3 C.�fwo6p 26. TIC4. f`1 (o Am 04-2 6J - 0z Aw�z dr-, 27. ( 7 6-,f 21-4 /47, il, f 2 3 29. ea_ Gtr' Z �6 �N �5�1�,f=tKA— J - LAA 30 . C I v e i ;Lz q n Tro a Lar r. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTEN D OUTRAGED, THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA ro M'-.. '� - ��r Qla loop Flo, •/�/Li L mLm. MIR, �� • / TER / / 01". -44 — pi. Ir Ato' I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED REGARD Nd SHOCKED PROPOSED DEVELED OPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, 1 wim 'WEI m. itmml" �' i r L .i w1 • I AM A RESIDENT OF DIAMOND, PRINT & SIGN NAME ADDRESS PHONE 14: Gr; ry t_cS q i.,r=f p-- u �o /c f% - St Ca o_ 56 f 1c 1 -::f- lyIISS 1>>A mo rAo TBA F- -j) i 16.G��,, f O- 55 J e a ffe 17. t- 9-14 �4 9' 7 18. 19. G TINS -t> 21517 PA F) N EF- �D DIAMOND $� $fes 1 "CoZ$l 20.Z1517 NS-.1rTA P^TWI ftPe!P 90- Dl4ONP TOBial 21. IrYiarshr� l ud5o Rudaa-in z3q.c1'3 Goben Dr. D� gmond a sr 22. 23. 24. 25. 26. 27. 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE OVIP . I AM A RESIDENT OF DIAMOND, CALIFORNIA S'S- 4 3,6 i c'i?�� 2�1.�, �: SPa IC77 Fw)7 5. 6Udba 7. t�iOsLA q 175 $b0 (otqa o---' 3 7 1 yl� 5(C q5- 13. OVIP . I AM A RESIDENT OF DIAMOND, CALIFORNIA S'S- 4 3,6 PRINT & SIGN NAME ADDRESS PHONE 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED REGARDING SHOCKED PROPOSED DEVELOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA 1. rR8 Ete r A, 6UP - , 2. . a�a4 c��b , ����k >�. .54 -ls02 4 . Ja � 5. �'{�% - ..L��i l C a 3311 s T, 'e ;ec, P o 6. 7. — - / 5 ce >�� _ mat 3 6 o L� — 8. y� )-I cit 6 1 42% �1' r E ( .z.2.3 6 0 Al-riZoilo Eye h)7 9. - �% o U MI 'Led'p'- I-� s . 10 . • 3(03 7 Csa j.T-ee &ctaf. aiamo-, i - ,t v rN LEv y 'cls --g ?-iAnz-�. ��.�� n- Ips �6a 0. 12 . ri,hal A o c,,, �/� .�,1la., -�1/( l�.P.r,✓ A 4-M&W I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE SHOCKED PROPOSEDQEAND FRIGHTENED REGARDING THIS EVLOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE Leo 1._ �©? 2 �4 Low 3. , • ��� �� a5-� � Cr�boKc� ('Rc-cK r N �s5/ GpooKEa CREEK bR �1vQ -��s=817 g o 9 3Y C,�< S�818J ,77 6. 7. 8. 9. 10. 11. 12. 13. I AM A RESIDENT OF DIAMOND, CALIFORNIA I.& BAY NO ... To 7l8 80uM Podnte Mamtee Plan Developamant o There are plans to �Uild a big development behind the Albertson's Shopping Center at Colima do Brea Canyon Roads. o While developments in themselves are not bad, our area is already overbuilt! o No matter which way you look at it, this will have a NEGATIVE IMPACT on the people in the community of Diamond Bar. o Make up your own minds whether you want it or not. Here are the facts: I. They will BULLDOZE DOWN THE HILLS west of Brea Canyon Road (between Colima do Pathfinder) and build a 31 acre commercial site and an amphitheater. o These hills buffer the freeway noise from our homes. The noise is loud enough already. It will be louder from more traffic and the amphitheater. o The Project will take at least 5 - 10 years. Do you want to live with dust, noise, and traffic from the construction for that duration? 2. Adding 200 homes and a 31 acre commercial site WILL MAKE TRAFFIC WORSE THAN IT IS. 3. Aren't there a lot of store vacancies in all of the commercial sites near by already? Building 31 more acres (double the size of the Alpha Beta Shopping Center across the street from The Country) will result in more VACANCIES, MORE GRAFFITI, and BRING MORE CRIME TO THE AREA. 4. AMPHITHEATER will bring more noise and undesirable activities. 5. 6. 8. Where will all the new kids from the 200 homes go to school? Budget cut backs in schools are already taking place. Our kids need all the attention teachers can give them just to stay average. OVERCROWDING THE SCHOOLS definitely won't help. WE SUPPORT SOUTH POINTE MIDDLE SCHOOL. The South Pointe Middle School should not be included in the South Pointe Master Plan Project. IT SHOULD BE A SEPARATE PROJECT. Arciero do Sons, Inc., the developer, should move the dirt that they left on South Pointe School's land. ONCE THIS IS DONE the school district will be able to build the school. IT IS LONG OVERDUE. Cutting down the hillsides and moving all the dirt around to build on them will affect the STABILITY OF THE HILLSIDES adjacent to the Project. There is already a landslide from the recent rains that the developer is trying to take caree city of Anaheim s being sued bof. Ththe residents of Anaheim Hills.y 9. The PROPERTY VALUES OF OUR HOMES WILL GO DOWN. 10. Sandstone Canyon is a NATURAL WILDERNESS AREA. THE DEVELOPMENT WILL DESTROY IT. It would be nice to preserve it. Also, the Canyon has many mature trees which serve as a natural filter for air quality. If the majority of the trees are cut down to make room for the development, plus more cars traveling in the area; THE AIR QUALITY WILL REACH UNACCEPTABLE LEVELS. It will be unhealthy to let children play outside. What wed eM 1 we 1!to do t now is w is tib, I@ft Wt itrol what we have, and ems tW wo n try to make it better. You need to let the City of Diamond Bar know how you feel. Sign and return to: Planning Commission, City of Diamond Bar, 21660 Copley Drive, Diamond Bar, CA 91765 WE Sky No ... T10 M, 8oltffi YW�e Man V am! I am / (We are) against the development. Signature Date / /1993 Address Signature Diamond Bar, CA Pathfinder Homeowners Association - (909) 594-0212 /C a SAY BO i t s TO M SOOTS POIM NOR PW DUMME We want the City of Diamond Bar to separate the South Pointe Middle School from the South Pointe Master Plan Development, (Please Print) DATE NAME ADDRESS 630 L, t PZ : 76 > �i 23 i� i irk ✓ ��y:� ., � � d,A) C� &C ond� �1 , 3-11 13 C1148 Ch40 V 20'�4 111 iss�ai�t lei ,�iam�r �� Vd E04+T N IZG d lc +rz4- w w z 3 -if- R�n� • G � a �/i ss�vti.�-� ,erg / �.�su� 9i k/ew"iN�z- A 4 Va it i i f QL -CJL� +th 1'1 K IIj i Fa '90 3( IIB BAY BO I I I TO M 8OM POIBTB KUM PLU DUMPM 4 We want the City of Diamond Bar to separate the South Pointe Middle School from the South Pointe Master Plan Development. (Please Print) DATE NAME ADDRESS Z�� ani is�� cZur,.6 kir)'l J .Z 8 Sf _ - 3- -'2 3- 9.5 -'I Mc T MR C> U S � 3o k2e i -(7 d *-9-93 ,51tu/9-NvEjff �"�� ,/ �u�'�4 klo6r STI %IN'MDN) 6,4/` Iff HAY HO s s i TO THE SOUTH P03U MEN PIS DRUPIUT We want the City of Diamond Bar to separate the South Pointe Middle School from the South Pointe Master Plan Development. (Please Print) DATE NAME ADDRESS 20SOD M isw nc �I d e, 'c aftj THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED RREGAROIENd THIS PROPOSED DEVELOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA q Oyi (o -u-' Gm iz a �C 4. 5. 6. 7. 8. 9. 10. 11. ' 12. 13. I AM A RESIDENT OF DIAMOND, CALIFORNIA I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CeANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENEDTHIS PRO O TAKE PLACE - NTRDVOSED WEDNOT WATH S WE ARE IN FAVOR OF SOUTH OIN,I,OE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 90 RIP covo r -o D . 3. ,.Ier� S eJe er- ",nq Cccoke re -e �� ' 4. � " _6d� ,HtpTo "6 Sy 5. 6. �Slo O ( %'1'Il)12 v '�a N A+J Jai► it �S1 i pa.ti.o.,..f/� �� � ��J �pOt) 96c._ TsZ6 10 .L ico ' n 9176 r o i a�� 2,53.3 Gas n� �� X l�ii�'A ,? e rWO &"A.'L6" � ,tea cc 13 . I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN ADDRESS PHONE � �NAME 14.rh - f CA - -Z 15. A � Lta l0 �1 i`1 16. 17. �- Gw ,o 18.19. J/� via �j%C,vE 96 y-.�'9� kfloo 20. 21. om q -! Avg r► �uPP 22. �yy11 7P% h f1 �h GC / 23. �= - ace. id 24. 213 aoq - - sco t - t� 25. �' e. /3 ©� d L vj 2pt 26. 1. F-9 l7( J 90 -1411 27. ilolf��� fr z,,g firy Cf�6�td C��faitn' r,�s 28. �iilcnd �3a� �D' Ov � � 29 7 flANIC L L f MalpG "Soto 30. 14; l SM.w,w.i 40W tui A Cq %I << �fIt 1 -7 1 << I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHO PROPOSED DEVE OPMENT. FRIGHTENED REGARDING THIS WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR ,I,OE MIDDLE COMPLETION OF SOUTH POSCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. To--10�-e N S61 �C( � f. t3D " a &� 3. � /Sbrook ell 6. J ,B 1 Esq S: Fe) t h Yew CQ- . Q-�62 8 . Fe(n 101 [AU A - C i mai 26 d m�,Qei,,� JC oma. /iJ/ � ��� ���..� • to . is c_ Zug v 12. 8,34 J..�i � • ��ti, ,v►, Cry. i�5 9 °g) 13. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 14. kXUlULd-2- 15. s 0 S 644,, r� I _ 014 �a� rb v, 2. J �� 16. 17. 18. 19 . ��3 �7 ; /� �e�-(gyp /��2. 17K / (QN.�°?JI.�� 1Jv✓�LiC q� 15 Q/ 9 ' n V e ) Ej 20.1 12 • g�,�) y4 _G Z- 44 21. V v Mt�2i�1 I f 1 1 STI l 01 r�21�s�uY_ Q.I p CoE �(p 1 - 7Si / 3 A-1, 9» J cQ z/N5 9- 23 -� 24. oX10 LA- 6 m�c�,��� 2 5. S Pqfi-& 2"& 5 qEG I 2 6 9D9 f 27. LICA,., f NlSS 6A- 3106 28. �- 29. yn 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED FRIGHTENED REGINTiIIPPSED DEVELOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDSCHOOL & SIGN NAME ADDRESS PHONE V I AM A RESIDENT OF DIAMOND. CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. 15. 16. ( 86o -(L7 17. 236 3 C�cld2� S pY"s n;a, a.-, CA 91-:)6S- S6(— 35- 1-3611 19. 20. _ 21. ��,� �C�o--y�S 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA V THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE C.ANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDI S THII LOPOMENT TO TAKE PLACE. WE DO NOT WANT THIS WE ARE IN FAVOR MIDDLE COMPLETION OF SOUTH PRINT & SIGN NAME ADDRESS PHONE i - I v19 Dd t��A/�Jo gA2 9r� 6 S 3. 1 F60 -07H 8. 10. ��A•ti�0 P- I�P�il��ra�L 12. 13. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE v 14. �k N - JL5 icoj 16. 17. 18. 19. 1 l 3 0 01-b t—/,u �P�-� 0'�A/n &-L 20. i4 r(J �a j VV1(AJr a� 4� 21. 22. 23. �'f332 5�� "�� rgo9 r l 24 . n r S P. 86(3 I? ��y J 26. Im 27 . _ cq tq 28. 33t d G -A &w c- S C l•I ��I2[.l; S i�v�/3�/t G -fes �-��% 2 9 . 3 1 I 11 r4 N G� 7-1 E3 0.C��?riST� 30. �1e tf!lU�f! /A Dl `vet!/ ��'�' BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE REGAARRDINDG� THHII PRO�'OSED DEVE OPMENT. FRIGHTENED WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOROF �D� SCHOOL OF SOUTH PRINT & SIGN NAME 1. f. 2 ADDRESS PHONE I0_ g6a-lez� 4. 5E 2 A r3FrZ�. 3 v� 3 %G y)aG 7 lo.2,4 p � 3 qp4 Sw a/E,�tT I P Da. D FNAR. 12 . Carpl �✓�Pi G Tr��/ Carwt,vru, C yoa BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE V V BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 14. ZjA c %' �"2ia e-- � �,fi/ f-► y >^� /oSFi� . Grp G y �6 give �y��'�oa 33 v/!/• �-. ,,,EG /L9A�R �' P//ear Ross a iso ? cNv<A�tE DR�v� 2 0 . P ��e �g64 -fid ,G � 3s� • 21. 8�hzaq V06 22. 2 3 . CA 21765- 9d 9 -A /-5. AI�10-11 V% Z. L A o . 24 . 13 9 /.o ECo f,44 /j . Ck/ 7 �r4 � GSC �/fLod os 25. X39" Llu a -J q d u -pe ` Y t•{ s 26. J/ - JQc.c1a�e Carwwgk 27. - • sd //D 28 . ?SZJfi<%O A014 t 29 a 38y7 C&&,k l'cO. . Zbalita 60,- ,.��� Qom. V BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED R ANT THIS DEVEI LOPOMENT TO TAKE PLAC . WE DO NOT WANT WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL A T1T110 IC c e PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA V" PRINT & SIGN NAME ADDRESS PHONE 14 . �� n � _ � ��� ��c r N. � 'Gv U 4 k v►�n.i �� . � . 3 �l 6 � 7 3 16 . 17 " �"- -1 �1u3 '-Q�rtc�r► 1�3x Ch �(v, St�� — 3 y- ` 18. �'� �6 b �' � s?� .yam � •L c 1 z 2- -,7 Led, Ao 20. 7-, 060 C�Rw)1� � I � 21. - (oo -'? �3Cp h /til 22. 23. J P. 24. �7112 25. R 26. 9' rC7,11 27. 28. 2 9 . 3 S /Vi ct. O h4 1,e r / (�� N• l0 �clro /�' 30.«&s ,(�oQmortpl �BCIi', &A IF Ae —�7 ?y I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED WAGNTR'ID�IIS DEVELO MENT TAKE PLACE DEVELOPMENT. WE DO NOT WE ARE IN FPVOROFLEON OF SOUTH POINTE SCHOOL PRINT & SIGN NAMF 1. 2. 3. 4. 5. r7 6. 8. 9. 10. 11. 12 E. 13. A nnID I cc PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SI,qN NAA3E ADDRESS PHONE 14. 15. �ehcr o'Cvnnor 2-370,S- J) 16. Ali� r C ►`/ �r S�� r Gad1.1tiS O 17 0 is. W0 -S 3�% 19. r 20. 21. 22. Zy- fkv�✓ ��� �/ 7c 23. 24. 25. 26. 27. 28. 29. 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA v THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED R SELETTKPAE T. WE DO NOT WANT THIS DEOPMNTO LC WE ARE IN FAVOR OIN,�OF IDDLE COMPLETION OF SOUTH PRINT & SIGN NAME ADDRESS PHONE Joe ,G'ec.k-Ifoq Ge%� �r 55'S 5s�f 1 C 9i78y l7 (,4n c, G• -2030s Lam,Cff� yr i�A4 59�-92,s 4. alumonC( BAfi _ S 00 IVA 6. C� _ .ev. AOL D wO'er A /]A,< CN 1 c1%� il�S yM c� TIL— �013 Y L yc4M If s� s MZ 7. ,llwll 'D 9176'q 3 sw+ A Q.fl.� 1 t So s . _ r -/8 9 D. � r�i d ao ? 3a - . 9 .caA�-Q tj ate, CA q 17 � WZ - Sf ?o&/ .41 A/o M N cfHAN 16 4 7 vj StA S4,JT,4 �E 13. 4114 t S (rA 9 ' 7" OAR I AM A RESIDENT OF DIAMOND, CALIFORNIA C� PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA �j I' b L, So, /00-7 C.cPa-r. Awe- 15. 7,11 16. tri�Q� �qn 1� 1<���►0. C.r� �jr. C1��� ��1- ��43 %-t of M , I&N 67 17. � 1-JdA4Z, DL (, & A)Vr Q y m4w-lko- h(C44r,20. ��9 app / n71 `t pt el 21. uNIN r k7c.0V 22. ,p r _bEe7 ttjG., Z/o�7 Z co i� 13 C' n/f 0ov, 1y -0"o �JA -- itQEs 23. ,czage-vi 24. 25. Ar 26. < Co ; rY1 Jf _ d� 2 B. r0 40d) Al t A11019 TRr La4e, 29. -Md OA 9i7(,5 gib 30. — 1rVA �-,24VS --3 BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA �j I' b THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND THIS SDE. WE DO NOT WANT TTHIEOMETDEVELOPMENT. WE ARE IN FAVOR O �ID� CON OF SOUTH POINTE MIDDLE PRINT & SIGN NAME ADDRESS PHONE DT 2. c��.o2�3 `lfz�r�•del•(� = g17Y�� �go9)5�I8 - IlB4 P4. 4ticA 6 - — Ifin 0-2oz- 901 ; L 8. 4- e 9 &cff L-��41 10 . �f l����3�rJ Lo�Sa aha f, � I�-f��►JD �� 8 �3 g; 11. oJo�l `7 12. � Z oSC7 S3 4 -7 LA 13. d Og 75' BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 15, V1*12( c Jeh tr Z �Z 17. �= r k— 2 v 2 (o ✓ c.vi .vG lcjQ - (41,,t��✓v% E 18 So o ?3c�54 Pcea�-o 1�9:�.-C-e�t&.a�Po _ �jo z .� 19 20 .-5f, - 21. r%a�-,r,�c /: S� ���7��' /�/�Q�ari,,r / a�fa5/ �b►•,� Sf i -3�a� 22. 23. 24. G� 25. { '� r � 7 26. 17-16 /l 27. 1 28. &e4v '2 of /b 2W571 IfIf 6737 30. Lt&vuT C4. 1?ov BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA �ON � THIS IS A GRASSROOTS PETITI TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED WANT THIS DEVELOPMENT TO TAKE PLACE WE DO NOT WE ARE IN F PVOOINR,I,OE MID C MPH O ON OF SOUTH AT1lDZCC PHONE 6AR I AM A RESIDENT OF DIAMOND, CALJFORNiA IN l PRINT & SIGN NAME ADDRESS PHONE 14._ n 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA V/ THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENEDD WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE PRINT & SIGN NAME ADDRESS PHONE I ? 0 q Geft- a r a� k ms- '� f � J 7S f✓3gJ 'o Vico. 2 2. I'7 - rl C 36 sr w i 4 . OlGfr04U ear, ?l r 6. 7, - l 1(4 5 o C ro F 8. _ -A�S D. � ��i d GAId 17 9 13 8 3q ao � � 9 . 4,J a9�- , CA q 17 JI,r,19'AMWtiX MV %1 - PRINT & SIGN NAME ADDRESS PHONE 14. _ /00 -7 C-,,? cls 15. 16. 000) 17. ('o h1 4*&a) rn A2 -q g A(�4� �P 9 2 0. 1 ►moi %► q 17 el 21. PYFNIN xA'ilv 12'10 :+� e�q I ILE qvq 2 2 . 20--22- %EJA lomees 23, J-� e ✓ S9S� 5/T v� 24 . Ge ne, v R S S S/ sA- 3 / 25. t j � ��%/� �i� �' gwo-1 r 26. JI �Q --9 f 9 d0 A 28'"As r 0d �cl�1i ¢�. � aiia8 TRr L�r� 29 . 076#5 30. ` 0� BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 6j re THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE gANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED WANTR' HIIS DETVELOPM OS TDO TAKE PLACE T WE DO NO WE ARE IN FAVOR ON,rOE MIDDLE COMPLETION OF SOUTH PRINT & SIGN NA' `T e nnu F cc PHONE 9 az' I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. 75-v.r L �� �� �� � < ,-S t ]ice �✓Jc./ ' 4 091 15. v'�,le pHo .. Lc�� 16 . at / s pi ? �Ck 17. to 01 6u>✓ t� u.c.i � � � x. , 19.p 14/V e�x ,R fl 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 6Af I AM A RESIDENT OF DIAMONDACALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTEN D OUTRAGED THIS PROPOSED DEVELOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE e� I AM A RESIDENT OF DIAMONEkCALIFORNIA 2 .�,am� �� , -TC 3 9ho e c r �, �5 — Ce,� � �-� q ' j � P J �S� 3•/011pk4. 5. f63 'a s. %o 6.3�cc,y) 8 u d -o (u 3 6./37 7 • 10. �� �o�`n �' CA� cr-r r �b r ©910 12. -zr 7L tit�- 13. e� I AM A RESIDENT OF DIAMONEkCALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14 c- 15. 6. 18. 145 orf,' �arrou� 19. LVDIA B�� u����- �► 9��bs 8�l P'S r1 (1 20- �N�T�7 so )3 21. 22 . �g eI r I'r.7� -)r, { I��t•- c ��71 s -DV3616 d 3Y 23. �i7 �_ -70 PU N IhJ�ZL��v7 1�c5U� q/7l�S 24. 25. vJA CRE57` 26. -7s-7 r' 27. o fs �-}7 6 4 e Kira On 911%( 7) L-7 J / 28. ath g Sinn ��r► a� � 5 �� �a� 29. 30. tyt'9h�(N Dr �everl Cres o ,r q PR, I AM A RESIDENT OF DIAMONgCALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED OUTRAGED THIS PROPOSED DEVELOPMENT. WE WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE �A�NE f�luFfAKER m q e� 2. Ilio F NA L O� 3..R, tA uu,5 r�aM ) 4. 7�� iJY 1 01A) Y. AOu � P �� a I e i -c Ta p � 6. eip1ay�/0 7. 8. �,Gc-fid Mt -IrAQ 1-733,�Fe,w Hv o -W n(- 9. ACPI 10. - , S7a ve�wKN 12. 13. G Q I U I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMONW CALIFORNIA 9J �. 14.Vil 15. 16./ An nellf 17. �, .� �� � � �R 5 7-7 18. �, ��y� c ��?ZUo/�/ G 7d 409 sss-S�� SAu'y KD LA, CA ci I-i� 90� 19. CCrr D6 � &ti14 20. 21. ��� / �• pZU l-90,11"-�31 C4.- 4.22. 22. %ebrcc 23. Z 6 c I :S� 4-kl-s a 3 wr 25. ala/7 .mow^-- SAN4LlV'/4C- 26. ar 111 CALQ SPOUP&S [.N. 27. JPA --w _ -9p joA� w. aowM,4,) 4 / S/ G r¢7L0C� `' 9 -X&I- 3G�3 28. SUE: 13vwtn,✓ X109— E6 / - 3(.o3 29. 1� % p y p M- l ID [:30. aRl� ��3 A,�Rwuyd Co,th chen a �S�o—�I6z I AM A RESIDENT OF DIAMONW CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED RREGAARRDGIENd THIS PROPOSE PROPOSED MENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. - G 2. 3 .may 3 to D. 5LuAl ec' 677 CC pfbra(Nc'l Z)il 7 o-r� n-. e -c -t> r , , c_X 6 ,` -Q i �� s , ' (�L ��� 7 & Q 3 7. Lf 9./11e — a �Q�y �a�� �a �S 10 //r -Ida P44Par- ,Ly ..V -,-LI (' �ti fklls 1�,-, J? /1 o / g y17 at the d u T g,7 12. SL��lL t,j 13.Lj V ' p $�rl I AM A RESIDENT OF DIAMONDACALIFORNIA PRINT & SIGN NAME ADDRESS PHONE /DDD418- 15. 16 17 (�4 c ``1 e, /11�E S�5- l'4 3 18. (7' ZY a3 s" �� V 19 2 0. ;� �. 213 7 6 /1/,ye, i?,1 ` /' AKI s k lei c� 21. vy�A7,5Oct II 6 S j y5 tJ � 3 Co �a Cad r -•baro ok- �-n . 22. Iv�C eje 5cy,`rh� o p� 4 23. � '/1►Ri-`� ' `. 1 PIP" 24. b �iY� �� �e It e h y,4 -2,1 D � r�Y 7�rl ve� 25. l/1'1 o b / (? d 26. _ieFF.el GLacs o� AGN JpCa�i 2•1lid Aj _ o 28. q '- Z/���Z D1113L 56i- 53 1 2 9 . -7Z)'a 30. Y 63 899�/ I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHT N D AREREGARDING THIS PROPOSEDDEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE JO 2 S,lIGrr-v 1. -)"gmo,vnUAW, 21 q,3 2- RvN.,vA/ G- I - 4 %!y cc_- C_E.. �C /'� �'l �. Lc r✓✓✓�'��c�' �`2 � etc ���� s. 3 E( ocol'"hC, VLe,d C2t-705 (-a- F107 -i;14;1 Wl/ W eEN �j Nom � w� 12 s L-cNb vif w D12. $- 39& go f 13. ��IZ �4���V:?ecfl QtL I AM A RESIDENT OF DIAMOND, CALIFORNIA v". PRINT & SIGN NAME ADDRESS PHONE 14. 15. 16. c�r'v /czftli �'l�s ►�Q s�� �U3 17. 18. T - z� i .g ir► �N D 19 . z ; 2- ' L J R v LJ -4 lT N v 20. 21. fill" -6o 5 3 22. (. Je 13 -o 23. Gr-vwcre� - 24 L. �/n�d v� 4, 53 cue 2 5 .(4j. X38-� A), r% Ilii%, G 26 i L 27. � r e �a n S � 4)(�Co - t11, OC --- - - 28. Q 2 f3 5 Aj 29 30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE OUTRAGED SHOCKED DISMAYED AND FRIGHTENED REGARDING THIS FRIGHTENED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. 4�z�'s / / R1 -- /6 � 2. IAAII G� li� Sf-/ rr/Gl//tri � -�f13/ 7. Ne-1-141�Lo U L,Npq M. EoDy s. 4 D. 9. L- A ,per- D 10. dei0Al, S 11. 12. L ,Z0%0 P,4rcc, b-43- . _13. 13. �r►)�E�Ml�'n� a��(1S F_ (�L20SEyc O2 1 6AR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE I/ BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA _ .rr ��� �►'- .. - � � .mss .�_ _ _, - -- r BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE FRIGHTENED REGARDINd THIS PROPOSE DEVE PMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA 2. 2 2 S 3 ! E ,y (!f - Co /- O 4• .3 3. ' : L- `• 1 ���` ���f i �G� /�c� �tJ vv�! ��c Sl �f - /7 4. 5.cOC.�� —175� 6. � 6v Q�F� Sl�ctC4C� ��.����� 7. g ,wq h LAM r 41— '?-792-1 9.����n �-i (�0 r�lJ �"►��e �� 303—cl9(,6 10.-D /�• .� _ �� 9 g76 11. �' 2 ! ? z!�- A_(J1 12. v\C�i �g i Ug -s- Ks& moi- /649 13 .4 H9 Ri Post 9 0 9 96 1- 14S y 9.. I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE 14. - a a 1�es� �i a % )`+iii t ? i�� � " 2-- $� 1a" l 15. t - U (►�1 PU R.i � ` ,. - ` I 1}3a Re.� p� `� � — D a *-nan / L a 7L (�T ki'r 17. 18. 19. 20. yY ✓ � pcty\ r W �e 22. r ��' i k h'� p ,Ly" 23. yelb 24.SI•� �oto.w�t/ CA - 017 1°130 25. v; u ��� fav �(en1�,-o�►c �r .. C;kWj0Vk0( 80-Y- _ 193 o 26 27. 28.17G -�;�3� 29 . Z 132_0Lasso lir ��unor�cl ar f-� -7 ► 1 I AM A RESIDENT OF DIAMONDS CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE REGARDING HCKEDDISYED ANDFRIGHTENED THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA � 4Z, L 2. 1 21 217 2-(4 )6 3. c#rto //oo N egwc4tzzuop 9lzs S61 - L 4. 5. L -,a '�7 -YC 2 -7, I "j C Pa. r 8. 6 0 '2- H --fl e I 5t -� q� g-7 Pc quo (7 10 - ii. Z- AJ 16 12. C fil 'PICAAr /b-15-5 5c"Lt-," 11". b(ov- U/sc) 13 I)a fl I f- vpZ 0 01 ibcp u — L(� Sc I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS w PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA 14.- ,� L INhA IZ�; ( Cl, �,US T..., 15. .!/1'14' ✓' / 16. �. btiu 10.5 f(Qr ✓ �luru�� �l�b� 17. �u G {1�O ra f6"I 19. ..22&27�,- �'� 20. 21. 22. � � 23. J�� luu31�i lF L,,)m \ % 24. 25. 2 6. 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I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON FRIGHTENED OUTRAGED, SHOCKED PROPOSEDDEVELOPMENT.DISMAYED WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE I AM A RESIDENT OF DIAMOND, CALIFORNIA —7 �L� ►+n AS F © KcsFE -1 A, I O 3 -3A 6 aw P A t�- $ � 2. 3 . � •2 l9 -v � D C� d '- At DAvcs Qr�6S 5. - �3qsm, AwD 3g {- 1993 3 03-Cr1AAIJA /Z . .s wa 5. M J. 2A&L 23431 fi• -W M "flrai rd LOCC41 ►� o�d Czt • a�� �' 9(,vD 773 Ak3JJZ2 lus 4%j 10. 3 1119, 212(pi-of : ll 2 24 rb h2o. VL 12 . o/l ` L �vr b 2 Aci a ra (,;5 132 . Spnvice ( "pi -L. _ S 3 2 po e- u - I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS PHONE I/ 3RJCE i4c)PPF-2 /o(; -U 4N 4"e 30 14. 3(,( - ((Z l>. t3f�� 4 l 76 S inarlit-o-, 15. l 7Kc.) Q a., 16. �' q17 -5 oil 19. b 11 ri rt3��i Pv--,t.jkay.1 Vo►-li -77 -'7 z,7 20. 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L , 28. 200,-,,.?�� id9 06-0����� 29. o vUs dw,� 30. CA I AM A RESIDENT OF DIAMOND,, CALIFORNIA THIS IS A GRASSROOTS PETITION t/ TO SAVE SANDSTONE CANYON WE AREFRIGHTENED REGARDING THIS PROPOSED DEVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE 1. U-Va21..cK L-v,Mn,,{ 443 1m 0,4 S o 1-711 2. 'JQ n �'c e VErd Usc,!S) 605 G�'oDm f� , 8lv / -l�� E31(-) 3. 4. 6 _ 1719 5 . lib �,2T �C� a3� �.� EQoI ���rt ✓,�� 96 � 3 � 6. 1Y) f1 Q,i,1��T' Su,iyox,7. Chi& 5�� DR 8. -2/v v- 10. l-u-���/% if'�l (/J.KA '. Aid 12. . C,-<FJF,,vzVn4AZ 413 '5 S 13. � .S .✓ c X G�- Dys 6 p I AM A RESIDENT OF DIAMOND,,CALIFORNIA vv TV T ,P7 cTr.N N AMR ADDRESS PHONE L-1 I AM A RESIDENT OF DIAMOND, CALIFORNIA 14. S b 15. 17 . �o D12a� E 4A'iam-Qnd 6&/,, Pa J y�2 / 20 • L 21. J q 6 L 22. �c UT w o v, d Q 23. 04n 6L- , n 24. - 25. r 2 3 S- 26. -17 �' 28. � n Le�N► c� � � 36�f1 C�o(o��r-� S��in� #C-cl g - O� 29. E30. I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION TO SAVE SANDSTONE CANYON WE ARE REGARDING SHOCKED DISMAYED AND FRIGHTENED RDING 'PHIS PROPOSED DEVELOPMENT. WE DO NOT WANT' THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL SIGN NAMP '011. N JI i r.1S'd ,6 /'/ '-) 7')a�2 e) PHONE J / �' DiG�w.cK�J y ke P '+/lewOKDA. /76 w -neo, i IJ-3mcy- zsj i✓ �e lweh 7s3 . ,t'o Loos tZd , P° ll)"—� 7Zcr c '*ve i$>O,- 7 BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS n PHONE 14. Qk �- 15. 1 PNP(V i J� ! 629 h -PAF NIS (�-,�, l%. 3A C, 7 2 3 3 - 18 . (4)� � 3$ 53 t►=� 9, v% Ln 19. 2 0. 21. far Lcvcx3ae �333r Wa n;( l�$a:r �LaO-b �l oM6F 22. AL;_ 23. 24. 25. PRrU� rztir,�vs , 0- kCo 26. 7 6 liZ-- 27 . 007 .41A.1 4 of 28. 2 9. 8�3b Sr b O -G s t o 30. 24U4Z � 1 vt(� �Gcc�vt, �- r BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA THIS IS A GRASSROOTS PETITION 1/ TO SAVE SANDSTONE CANYON FRIGHT D RARE OEGARDINd SHOCKED PROPOSED EVELOPMENT. WE DO NOT WANT THIS DEVELOPMENT TO TAKE PLACE. WE ARE IN FAVOR OF THE COMPLETION OF SOUTH POINTE MIDDLE SCHOOL PRINT & SIGN NAME ADDRESS PHONE BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA 4f- 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PRINT & SIGN NAME ADDRESS 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. BAR I AM A RESIDENT OF DIAMOND, CALIFORNIA PHONE May 14, 1993 779.00 To: Terrence L. BelangZr, City Manager City of Diamond Bar From; Cotton/Beland/Associates, Inc.; Moore Iacofano Goltsman, Inc.; and Austin -Faust Associates, Inc. Re: General flan Revision Program BackVound: As requested by the City of Diamond Bar, we have completed the Community Workshop Series designed to facilitate public participation in the revision of the General Plan document dated July 14, 1992. That document, revised to incorporate workshop results, is intended to serve as the draft Gcneral Plan which is the subject of the scheduled public hearings. The revision process was organized in response to City Council direction to review four major issue areas: 1) Amount and type of future residential development; 2) Open space preservation; 3) Reduction of traffic congestion on local roadways; and 4) The Tonner Canyon transportation corridor. Five Workshops were held as follows: Round I: April 21 and 24, 1993; Round H: April 28 and May 1, 1993; and Round III: May 12, 1993. These Workshops, extensively noticed to residents of Diamond Bar, provided an opportunity for interested residents to offer comments and suggestions. Over 300 individual comments have been recorded, reviewed and analyzed by the planning team. Copies of the Workshop Summaries and individual submittals are attached. Approach: The consultant 'staff team suggests that the public hearings focus on key issue, areas in an incremental fashion-- (1) "Land Use/Op In hSpace'}ersons "Circulation", and (3) "Other". This will facilitate testimony P who are concerned about such issues. Suggested text and map revisions will be presented for public testimony and City Council discussion. May 14, 1993- page 2 The team also suggests that the City Council provide some direction after public testimony and Council discussion so that a composite revised Draft General Plan can be assembled for further public review and City Council hearing. Suggested Revisions: The following items include specific text changcs for review and discussion. They have been synthesized from Workshop input, and represent comments discussed by several persons. They are organized accordingly to Draft General Plan format, starting with the "Introduction" section, and proceeding to Section I- "Land Use": I. REVISIONS TO "INTRODUCTION", PAGE 3: Delete: "The community participation process also includes public hearings before the Planning Commission and City Council prior to General Plan adoption." Add: Utilizing the GPAC process, public hearings before the Planning Commission and City Council; and following adoption of an initial version of the General Plan, the City Council added a Community Workrhop process to encourage participation in further Plan revision prior to public hearings. 2. REVISIONS TO "MAJOR ISSUES", PAGE 4: Delete: "The middle portion of Tonner Canyon, representing the City's sphere of influence, contains significant open space and biological resources, butt�has also , been proposed for a regional bypass roadway". 041 -0 Adds The Diamond Bar Sphere of Influence (3,591 aca portion ofATonner Carryon, contains significant open space, a� biological oul es. It is part of a � three -county regional open space system The Firestone Boy Scout Camp and catt G�✓'N`" gran' have been the o intrusive uses. However, regional circulation studies% pro ession trafj'ic engineers ( ff) have s,a transrtati n corridor. � e•cK&5t _ `majoct, Comex-� Delete: "Tonner Canyon (the City's sphere or influence), has been proposed as the location for a regional bypass roadway, which would connect State Route 71 to Route 57", 3. REVISIONS TO 'LAND I"SE", PAGE 1.6: Delete: "a. Disposition of Remaining Open Lands" Add: a Determination of Deed Restriction Status Delete: "ISSUE ANALYSIS: 'Those oiler, lands which have been deed restricted should be considered to be permanent open space, even if no dedication to a public agency has occurred. In the absenc:(sic) of clear deed restrictions, the lands analyzed in the Open Land Survey should be considered to be6"vacant land". -k-b I de N- 4 -P.A, e l cw� a-ncl • - - Add: There is a need, for clarification and confirmation of existing deed restrictions which affect vacant land proposed for development. Past confusion resulting from Los Angeles County transmittal of development entitlements must be resolved b. Open Space Definition and Preservation There are many different types of open space. Natural types include undisturbed hillsides, ridges and canyon bottoms. Man-made open space can range from graded hillsides that appear 'statural", to active recreational areas such as parks and golf courses. The City must determine which lands will be defined as "open space" which would preclude development, and thereby require acquisition of private property nights. Techniques and tools used for open space acquisition range from outright purchase to transfer of development rights or exchange of entitlements to shift allowable development to non -open space areas. Other options involve use of benefit assessment districts, grunts from other agencies and conservation groups, etc. ISSUE ANALYSIS, There is a need to define and map selected "open space" within the City and to implement a feasible open space acquisition program. 3 4. RE`'ISION TO "LAND USE", PAGE 1-8: Delete; "The City may choose to continue to absorb through traffic, and depend on other agencies, such as the State, to take appropriate measures to relieve regionalgestion which would ultimately free up local reads for predominantly local use�iowever, the City's vision or goal is to rerye most of its streets for local traffic, and it should explore. the opportunities'j Add: Diamond Bar should proactively and aggressively work with and lobby adjacent and regional agencies to develop regional circulation solutions that directly benefit Diamond Bar local access needs. Local communij3 residents should be involved in the discussion of such needs. S. REVISION TO *"ND USE", PAGE 1.9: Delete:Strategy: 1.11.b; "Designate existing master planned single-family neighborhoods as Low Density Residential (RL) on the Land Use map*. The maximum density of Low Density Residential areas will be 3.0 dwelling units per gross acre Adds Strati 'Designate eAgLu developed single family detached res, in areas as Low Density Residential (RL) on the Land Use maps a maximum ens►ty of such Low Density Residential areas will be 3.0 dwelling units per gross acre (3 du/ac), or existing density, whichever is greatest. Delete: trategy1.1.1-ce Designate existing single family detached residential subdivisions are (sic) Low Medium Density Residential (RLM) on the Land Use map. The maximum density of Low Medium Residential areas will be 6.0 dwelling units per gross acre (t) du/ac) within these areas. Add: Strategy .]„i.c; Designate existing single-family detached subdivisions in . flatter areas as Low Medium Residential (RLM) on the Land Use map. The mavim u density of Low Medium Density Residential areas will be 3.0 dwelling units per gross acre (S. 0 du/ac). J. 7 6. REVISION TO "LAND USE", PAGE 1.12: Strategy_ 1.3.4.: Delete: "Encourage the rehabilitation, refurbishment, and/or expansion of existing uses that generate; sales tax revenue to the City, where consistent with other provisions of the General Plan and Development Code." Add: In prefirence to the approval of new commercial development, encourage the retention, rehabilitation, refurbishment, andfor expansion of existing business establishments which generate sales tax revenues to the City, where consistent with other provisions of the General Plan and Development Code. 7. REVISION TO "LAND USE", PAGE 1013. Add: Strategv 1.3.7.: Undertake an economic development action Flan to target revitalization of existing commercial uses and selected new retail uses needed to expand the range of goods and services available to local residents and to generate heeded sales tax revenue. T'he economic development action plan should address goals, set priorities, and identify strategies to achieve effective revitalization. 8. REVISION TO "LAND USE", PAGE I.14: Strategy 1.5.1: Delete: "Maintain an inventory of previous dedications, designations, or decisions regarding open space made by the County of Los Angeles and the City (sic) require developers of vacant land to provide appropriate title or other ownership documents to identify any development restrictions on the property." Add: Establish and maintain a public record of best available information concerning development restrictions on existing vacant land. Require potential developers to provide a title report or other acceptable documentation of deed and/or snap restrictions as part of the development application process, Add: - Define "open space" lands as vacant, undeveloped properties to be retainedfor—=_ or pur of visual amenity, environmental resource protection, and fire/slope stability and abatement. Such open space land will require public acquisition or private owner dedication for public ownerships Recreational facilities, both active and passive, which incorporate undeveloped land are not included in this dejWdoa 5 Add: S, Lj..4.:• Develop an open space program, which will identify and acquire/preserve open, space land consistent with cominwtity needs and financial capability, and include a full rangy of feasible techniques. Add: S rat= 1.51., Recognizing the significance of Tonner Canyon, environmental resources, support further definiticn of the extent acid intensity of such resources to provide needed additional informatior.. 9. RENISiON TO ADOPTED LkND USE MAP: Add; Designation to Tres Hermanos Ranch area to reflect new high school site, Also, need to revise map to reflect proposed reduction in land use intensity for existing single family subdivisions, A - ice` , :.:\ ... _� . r "�; - `moi r (✓r--,.:= .,'� , � =: ��, . _ /kk _ Nli- 74 _ ��7-• :�. � � '� •i�i' err/ - _ � � ^ ...,fif_— - a % � `� _ � " ,`�,-q+�.�k. ,�.y�a �'.'�'�`�,r���• ..~'1 I•�p��•..•- � .Nur' a--�? • r -j l� 'N 9 •�� __._��,�. ) .. i � .f ni<e. 5 , 1.15 �:._.____G