HomeMy WebLinkAbout11/02/1993CITY COUNCIL
AGENDA
Mayor — Gary G. Miller
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Werner
Councilman — Dexter D. MacBride
City Council Chambers
are located at:
South CoastAir Quality Management DistrictAuditodum
21865 East Copley Drive
MEETING DATE: November 2, 1993
MEE71NGTIME: Closed Session - 5:00 p.m.
Regular Session - 6:00 p.m.
Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
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Next Resolution No. 93-74
Next Ordinance No. 05(1993)
1. CLOSED SESSION: 5:00 p.m.
Litigation - Government Code Section 54956.9
City V. L.A. County Property Tax
Diamond Bar Assoc. V. City
Citizens to Protect Country Living V. Burgess
Anderson v. City (Hamburger Hamlet)
Personnel - Government Code Section 54957.6
Property Acquisition - Government Code Section 54956.8
Lot owned by Bramalea Ltd. on Longview Dr. north of
St. Ives Ct.
2• CALL TO ORDER: 6:00 p.m.
PLEDGE OF ALLEGIANCE: Mayor Miller
INVOCATION: Pastor Robert Clayton - Diamond Bar
Worship Center
ROLL CALL: Councilmen MacBride, Forbing, Werner
Mayor Pro Tem Papen, Mayor Miller
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Presentation of Certificates of Recognition to Lyonel
Anthony Rodriguez and Curtis E. Henderson for capturing
a purse snatcher on September 29, 1993 at Lucky's
Supermarket.
3.2 Certificate of Recognition for establishment of "MOVING
WALL" Memory Garden Memorial Park in the City of Brea,
California.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Planning Commission - November 8, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.2 Veterans Holiday - November 11, 1993 City Offices will be
closed in observance. Offices will reopen November 12.
4.3 City Council Meeting - November 16, 1993 - 6:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
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
NOVEMBER 2, 1993 PAGE 2
this agenda. Please comnletP d c„o��er►
is a five minute maximum time limit when addressing thecityCouncil.
6. COUNCIL COMMENTS: Items raised by individual Council -
members 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 September 21, 1993 -
Approve as submitted.
7.1.2 Adjourned Regular Meeting of September 28,
1993 - Approve as submitted.
7.1.3 Regular Meeting of October 5, 1993 - Approve
as submitted.
7.2 WARRANT REGISTER - Approve Warrant Register dated
November 2, 1993 in the amount of $841,589.00.
7.3 TREASURER►S REPORT:
7.3.1 Month of August, 1993 - Receive & File
7.3.2 Month of September, 1993 - Receive & File
7.4 PLANNING COMMISSION MINUTES:
7.4.1 Regular Meeting of August 9, 1993 - Receive &
File.
7.4.2 Regular Meeting of August 23, 1993 - Receive &
File.
7.4.3 Regular Meeting of September 13, 1993 -
Receive & File.
7.4.4 Regular Meeting of September 27, 1993 -
Receive & File.
7.5 NOTICE OF COMPLETION - On October 6, 1992, Council
awarded a contract to Clayton Engineering, Inc., the
lowest responsible bidder, for the construction of the
Heritage Park Community Center. Construction has now
been completed and may now be accepted by the City.
Recommended Action: Accept the work performed by Clayton
Engineering, Inc. and authorize the City Clerk to file
the Notice of Completion.
7.6 CLAIM FOR DAMAGES - Filed by Priscilla Marquez, Jessica
Marquez, Michael Lopez and Gilbert Lopez on September 27,
1993.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk
NOVEMBER 2, 1993 PAGE 3
Manager.
7.7 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING LOT LINE ADJUSTMENT
NO. LLA -93-004 TO ADJUST THE LOT LINES BETWEEN LOT NOS.
54 & 57 OF TRACT 28258 AT 20215 DAMIETTA DRIVE AND 1124
CALBOURNE DRIVE, IN DIAMOND BAR - This Lot Line Adjust-
ment has now been submitted to the City for approval.
Recommended Action: Approve the Lot Line Adjustment,
authorize signature of related documents and direct the
City Clerk to process for recordation.
7.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ACCEPTING THE RATE REGULATION
AND CONSUMER PROTECTION AND CUSTOMER SERVICE
RESPONSIBILITIES AUTHORIZED BY THE FEDERAL COMMUNICATIONS
COMMISSION (FCC) AND THE CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT OF 1992 AND ESTABLISHING
CERTAIN PROCEDURES AND REGULATIONS APPLICABLE TO RATE
REGULATION PROCEEDINGS TAKEN HEREUNDER - On October 5,
1992, Congress overrode a Presidential veto and enacted
the Cable Television Consumer Protection and Competition
Act of 1992. The 1992 Cable Act, which was the result of
years of consumer complaints and alleged abuses by the
cable television industry, represents a significant
victory for local government by empowering them to
regulate cable services and protect consumers from unfair
rate increases and other customer service abuses by cable
television operators.
Recommended Action: Adopt Resolution No. 93 -XX; file
written certification with the FCC stating that the City
will adopt and administer regulations consistent with
regulations prescribed by the FCC; notify Jones
Intercable of the City's intent to seek certification
with the FCC and to enforce consumer protection and
customer service standards and execute any and all
documents necessary to effectuate the certification
process.
OLD BUSINESS:
8.1 STATUS REPORT ON DIVERSION COMPLIANCE WITH ASSEMBLY BILL
939 (AB 939) - The City's Integrated Waste Management
Consultant, Charles Abbott Associates, Inc., recently
prepared a report indicating that the City has success-
fully achieved compliance with its State -mandated
diversion goals almost two years ahead of schedule.
Recommended Action: Receive & file.
8.2 CITY COUNCIL COMMITTEE REPORT - "SISTER CITIES
INTERNATIONAL" (SCI) - prepared by Councilmen MacBride
and Werner.
NOVEMBER 2, 1993
PAGE 4
8.3 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES -
Earlier this year, Council authorized release of a
Request for Proposal to qualified consultant firms to
provide "as needed" landscape architectural services.
Proposals were received from twenty-one (21) consultant
firms. Staff reviewed the proposals, conducted
interviews with the most qualified candidates, checked
their references, reviewed their recently completed
projects and negotiated fees with the most capable
consultant. Staff recommends awarding a landscape
architectural services contract to RJM Design Group, Inc.
Recommended Action: Award the contract for "as needed"
landscape architectural services to RJM Design Group,
Inc. in an amount not -to -exceed $25,000.
8.4 APPOINTMENT TO FILL VACANCIES ON THE SIGNIFICANT
ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE SEATAC -
Pursuant to Sec. 22.56.215 of the Municipal Code, a
SEATAC review is required for all development projects
located with SEA No. 15. Formation of the SEATAC
requires the appointment of technical professionals by
the Council. A vacancy exists on the existing SEATAC
providing an opportunity to appoint technical
professionals as new members.
Recommended Action: Approve the appointment of S.
Gregory Nelson to SEATAC as recommended by staff.
9. NEW BUSINESS:
9.1 HOLIDAY SHUTTLE CONTRACT - The City has operated the
Holiday Shuttle Program since 1990. The 1993 Program
will provide services Monday through Friday between the
hours of 10:00 a.m. and 6:00 p.m. beginning November 15,
1993 to December 31, 1993.
Recommended Action: Approve expenditure of not -to -exceed
$27,000 in Proposition "A" funds for operation of the
1993 Holiday Shuttle Proaram_
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:00 p.m. and a Regular Meeting at the South Coast Air Quality
Management District Auditorium, located at 21865 E. Copley Dr.,
Diamond Bar, California at 6:00 p.m. on Tuesday, November 2,
1993.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Regular Meeting of the Diamond Bar City
Council, to be held on November 2, 1993 was posted at their
proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 29th day of
October, 1993, at Diamond Bar, California.
/s/ Lvnda Burgess
Lynda Burgess, City Clerk
City of Diamond Bar
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
- '2 e"',
DATE: -
TO: Cit Clerk
FROM:
ADDRESS:
oe-
ORGANIZATION:
SUBJECT:
I expect to address f 12-11-cil on the subject. �L nda item. Please have the
Council minutes reflect my name and d is "itten above.
?y9nature
NOTE: All persons may atte t meetings 'Address the City Council. This
m
form is intended to assist 6 Ma yor, uring that all persons wishing
cogna�r_
to address the council are ed and
o ensure correct spelling of
names in the Minutes.
1.
2.
MINUTES OF THE CITY COUNCIL 4
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 21, 1993
CALL TO ORDER: M/Miller called the meeting to order
at 6:02 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The invocation was presented by
Reverend Dennis Stueve of Mt. Calvary Lutheran Church.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen,
Councilmen MacBride, Forbing and Werner.
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 Development Director and Lynda Burgess, City
Clerk.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
2.1 PRESENTATION OF DONATION BY F. C. INTERNATIONAL - Charlene
Goff, F.C. International, presented a donation of $600
for the Peterson Park Adopt -a -Park program to thank the
City for providing fields for their soccer program and
for continually improving those fields.
2.2 PROCLAIMED OCTOBER 4-10, 1993 AS "POLLUTION PREVENTION
WEEK" - M/Miller read the Proclamation.
2.3 INTRODUCTION OF "CITY ON LINE" - M/Miller stated that a
tremendous number of people put forth a lot of effort for
the "City online" PC program, designed to enhance the
delivery and accessibility of public services while
reducing vehicular trips. He read a letter from the
South Coast Air Quality Management District extending
their support of the City's Online system and commending
the City's commitment to improving air quality in the
South Coast Air Basin.
Paul Glab, representing Governor Wilson, expressed the
Governor's support of the City's efforts in this
telecommunication project.
A representative from Congressman Jay Kim's office
congratulated D.B. on its continued commitment to
excellence and for providing innovative programs to the
residents.
A representative from both Senator Hill's and Assemblyman
HorcherIs offices presented a City On Line project reso-
lution, congratulating the City's efforts toward a very
effective communication system for citizens, vendors and
developers.
SEPTEMBER 21, 1993 PAGE 2
A representative from Southern California Edison
congratulated the City for its outstanding efforts in
implementing the City On Line, PC-based telecommunica-
tions system, and for its efforts to reduce traffic
gridlock and improve air quality while providing a
wonderful service to the citizens. He presented the City
with a check as an incentive for selecting energy
efficient computers to operate City Online.
Marc Brown, KABC Eyewitness News, stated that City On
Line also has the endorsement from the President of the
United States, the White House Office of Science and
Technology and the Governor's Office, as well as many
journalists. City On Line is the most comprehensive
system ever devised for communicating and interacting
directly with City government. It is a network of
personal computers that support some of the computer-
related tasks performed by City government, such as word
processing, electronic spread sheeting, data base
management, desk top publishing, computer-generated
design, geographical information and document imaging and
at no fiscal impact to the City. Mr. Brown recognized
Nick Anis, Jim Defriend, and staff member Troy Butzlaff
for their involvement in implementing City On Line, which
will not only improve communication, but also create a
new level of cooperation between the public and the
private sector, making government more streamlined and
responsive to the citizens.
Dr. Jerry Pournell, a Byte Magazine Columnist and author
of science fiction and fact, stated that systems such as
these bring about the free exchange of ideas and
electronically implements the First Amendment, allowing
communication with massive amounts of people.
Nick Anis stated that the AQMD, the City and a few other
sponsoring organizations conducted a study which
determined that telecommunications could be used to
mitigate traffic. The City Council has given their full
support in implementing City On Line. He thanked the
following individuals for their efforts in helping to
install City On Line: Troy Butzlaff, Assistant to the
City Manager; Jim DeFriend; Bob Chamberlain; and 15 other
local volunteers. Mr. Anis then presented a slide show
detailing the capabilities of City on Line.
Assemblywoman Bowen, through an audio conference,
expressed support for the program and indicated that she
has been a supporter of Online programs at both the
district and State levels.
M/Miller introduced the individuals and sponsors who
participated in helping to install City Online.
SEPTEMBER 21, 1993
Dr. Jerry Pournell
tape, produced by
project, shown to
application of uses
PAGE 3
then introduced the video training
Video Graphics for the City Online
the audience to illustrate the
of a Bulletin Board System.
Nick Anis then demonstrated the use of the program.
M/Miller expressed his appreciation to Mr. Anis and all
persons who participated in making On Line a reality for
Diamond Bar.
Dr. Pournell, noting that the system utilizes Shareware
programs such as "ZIP" for the bulletin board, explained
that a Shareware program is a computer program written by
individuals for use by the public. If it is used, one
should send a registration fee to those who wrote it to
support those individuals to do more Shareware programs.
C/MacBride read a poem prepared especially for D.B.
written by Michael Newman from the Paris Review,
commending City On Line.
M/Miller invited everyone to attend the reception.
RECESS: M/Miller recessed the meeting at 7:40 p.m.
RECONVENE: M/Miller reconvened the meeting at 8:10 p.m.
3. SCHEDULE OF FUTURE EVENTS:
7.
3.1 PLANNING COMMISSION - September 27, 1993 - 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
3.2 CONTINUED PUBLIC HEARING - SOUTH POINTE MASTER PLAN -
September 28, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E.
Copley Dr.
3.3 PARKS & RECREATION COMMISSION - September 30, 1993 - 7:00
p.m., Heritage Park Community Center, 2900 Brea Canyon
Rd.
3.4 CITY COUNCIL MEETING - October 5, 1993 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
PUBLIC HEARINGS:
7.1 RESOLUTION NO. 93-69: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR RESCINDING RESOLUTION NO.
93-65 AND CALLING A PUBLIC HEARING TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE
FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND
BAR BOULEVARD - ICE/Wentz reported that the City proposes
to underground utility lines on Diamond Bar Blvd. from
Temple Ave. to Gold Rush Dr. using available Rule 20A
Funds. The Council adopted a Resolution on August 17,
1993 calling for a Public Hearing to be held September
26, 1993. However, to adequately comply with noticing
requirements, he recommended that the Council adopt a
SEPTEMBER 21, 1993
PAGE 4
Resolution establishing October 5, 1993 as the Public
Hearing date, rescinding Resolution No. 93-65, and
calling for a Public Hearing to determine whether public
necessity, health, safety or welfare requires the
formation of an underground utility district; and direct
the City Clerk to advertise the Public Hearing before the
Council meeting of October 5, 1993.
MPT/Papers stated that she will not be present at the
October 5, 1993 meeting.
M/Miller opened the Public Hearing.
With no testimony offered, M/Miller closed the Public
Hearing.
Motion was made by C/Forbing, seconded by C/ Werner to
rescind Resolution No. 93-65 and adopt Resolution No.
93-69 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR RESCINDING RESOLUTION NO. 93-65 AND
CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC
NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE
FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND
BAR BOULEVARD. Motion carried unanimously by the
following Roll Call vote:
AYES: COUNCILMEN - Werner, Forbing, MacBride,
MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
7.2 EXTENSION OF INTERIM ORDINANCE NO. 5A (1992) - adopted on
October 6, 1992 and extended on November 17, 1992, was
enacted to bring Agricultural Zone land uses into con-
formance with the 1992 General Plan Agricultural land use
classification. Ordinance No. 5-A(1992) is scheduled to
expire on October 6, 1993 unless extended by the Council.
The conditions that precipitated the need for this
urgency ordinance have not changed. He recommended
approval of a one-year extension of the Interim A-2,
heavy Agricultural Zone regulations, and adopt Ordinance
No. 5-B (1992).
M/Miller opened the Public Hearing.
With no testimony offered, M/Miller closed the Public
Hearing.
C/Werner moved, C/MacBride seconded to adopt Ordinance
No. 5-B(1992): AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM
ZONING ORDINANCE, ORDINANCE NO. 5A (1992) PURSUANT TO THE
PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858
AND MAKING FINDINGS IN SUPPORT THEREOF. With the
SEPTEMBER 21, 1993 PAGE 5
following Roll Call vote, motion carried:
AYES: COUNCILMEN - Werner, Forbing, MacBride,
MPT/Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
4. PUBLIC COMMENTS: Don Schad asked the City Council to
create an environmental committee to advise the Council on
resources and to support Cal PAW.
Max Maxwell expressed support for City On Line. He then
reported that he had witnessed a citizen, who appeared to be
riding with a City employee in a City truck, removing a
candidate's campaign sign on Diamond Bar Blvd.
5. COUNCIL COMMENTS: MPT/Papen stated that she supports
the Ca1PAW Initiative. She then congratulated Ms. Barbara
Whitlaw for receiving the Gold Award from the Girl Scouts of
America and presented her donation of $100 to the Diamond
Ranch High School Booster Club.
C/MacBride also contributed $100 to the Diamond Ranch High
School Booster Club. He then announced that the Friends of
the Library would be meeting September 22, 1993 from 6:00 p.m.
to 8:30 p.m. at the library in order to gain public input and
participation in the decisions concerning library services.
C/Werner, in honor of the Jewish New Year and the new peace
agreement in the Middle East, wished well to all those in the
Middle East and in Diamond Bar.
M/Miller also donated $100 to the Diamond Ranch High School
Booster Club.
6. CONSENT CALENDAR:
C/MacBride moved, C/Forbing seconded to approve the Consent
Calendar as presented. With the following Roll Call vote,
motion carried unanimously:
AYES: COUNCILMEN - MacBride, Forbing, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
6.1 APPROVAL OF MINUTES - Regular Meeting of August 17,
1993 - Approved as submitted.
6.2 WARRANT REGISTER - Approved Warrant Register dated
September 21, 1993 in the amount of $337,844.08.
6.3 ADOPTED RESOLUTION NO. 93-70: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING LOT LINE
ADJUSTMENT NO. LLA -93-002 TO ADJUST THE LOT LINES
SEPTEMBER 21, 1993
PAGE 6
BETWEEN PARCEL NOS. 6 & 7 OF PARCEL 1528 AND BETWEEN
PARCEL NOS. 6 & 8 OF PARCEL 1528, IN DIAMOND BAR.
6.4 AWARDED CONTRACT - WEED ABATEMENT/SIDEWALK AND PARKWAY
MAINTENANCE - Landscape West, Inc., the lowest
responsive bidder, in the amount of $54,742.
6.5 REJECTED BIDS FOR JANITORIAL SERVICES AT HERITAGE PARK
COMMUNITY CENTER and authorized the City Manager to
select an alternative method for obtaining said service
that is in the best interest of the City and within the
provisions of State and City Codes, to a limit of
$12,000 per year.
6.6 AWARDED CONTRACT - 1993-94 SLURRY SEAL IMPROVEMENT
PROGRAM, AREA FOUR - in an amount not to exceed
$139,433; authorized up to $15,000 for construction
inspection to R & W Inspection Services and provided a
contingency of $20,000 for the project.
8. OLD BUSINESS:
8.1 STATUS REPORT RE EASEMENTS & RIGHTS OF HOMEOWNERS ON
LEYLAND AVE. - ICE/Wentz reported that staff was
directed to conduct an evaluation and identify
conditions relating to encroachments constructed within
the public right-of-way, particularly on Leyland Dr.
There are four previously -approved, different tract
maps on Leyland Dr. providing for an easement for
public improvements as well as other utilities. 44 out
of the 69 properties in the area under investigation
have some sort of encroachment improvement within that
particular unimproved area. He presented slides of the
current condition on Leyland Dr. showing walls, walk-
ways, stairs, pilasters, etc. constructed by several
owners, particularly within the unimproved parkway
behind the sidewalk. In regard to the City's liability
if those encroachments are in place with the City's
knowledge, the City Attorney indicated that there is
not a significant amount of difference in the City's
liability compared to other liabilities that the City
could incur, whether it is fee or easement type prop-
erty. In regard to the feasibility of requiring the
homeowners to provide liability insurance to the City,
it was determined that insurance companies will not
typically include the City as an additional insured on
those types of policies, and the SCJPIA has indicated
that there does not appear to be anything the City can
do from the City's point of view. There are specific
codes that govern how those particular types of
improvements are to be handled through the City, and
staff will bring a detailed finding as to how to best
handle those particular encroachments, for the
Council's consideration.
SEPTEMBER 21, 1993 PAGE 7
C/MacBride noted that this complicated situation was
inherited from the County. Hopefully, a policy can be
achieved that would reflect the City's appreciation of
homeowners' efforts to beautify their property and the
City, as well as be applicable to other properties with
the same or similar situation.
ICE/Wentz, in response to MPT/Papen, stated that there
is not a need in this area for the City to widen the
street. Many of the walls, or other encroachments,
were constructed 4 or 5 years ago, several in the past
few years, and several have been constructed recently
within the last year or two. A full report with
staff's recommendation will be brought back to the
Council for consideration.
8.2 STATUS REPORT FROM SUBCOMMITTEE ON ECONOMIC STRATEGIC
PLANNING - C/MacBride distributed a memo to the Council
summarizing the Economic Resources Plan and explained
that the Plan was to develop an economic resources
strategy, with emphasis on business recapture and
business retention, utilizing existing studies, and the
resources of associations, organizations and educa-
tional institutions. Arising out of the two public
strategy meetings, one volunteer subcommittee meeting,
and a ten day commercial business on-site inventory
which encompassed 591 business interviews, an action
plan was developed, proposing that the City select a
facilitator to plan and implement the program with the
data already available, and for the City to provide a
structured environment and funding. The first short-
range plan is to fill the vacant stores, which would
have a stimulating effect on the basic strategy of the
community. The long-range plan should emerge as future
meetings occur and additional citizen input is
obtained.
C/Forbing pointed out that it is important for cities
to help themselves, particularly in these economic
times. He recommended that the City retain an indiv-
idual to work with local businesses and the Chamber as
well as to talk to the community to revitalize Diamond
Bar.
Gary Neely, 344 Canoecove Dr., displayed a chart show-
ing D.B.'s 1992 taxable sales compared to surrounding
cities and illustrating that D.B. residents are only
spending 3.5 per cent/resident, the second lowest
amount spent in the surrounding communities. The
subcommittee's recommendation is crucial for the future
of Diamond Bar.
Fred Scalzo, with the Chamber of Commerce, expressed
support for the development of an action plan,
utilizing the assistance of a professional consultant.
SEPTEMBER 21, 1993 PAGE 8
Eileen Ansari, 1823 S. Cliffbranch, stated that she was
under the impression that there was to be a further
study before the subcommittee's recommendation.
Perhaps the City can utilize the volunteer services of
one or some of the retired consultants living in the
community.
MPT/Papen suggested that the strategic plan first be
developed before determining the amount of money that
should be spent, rather than developing a program based
upon that amount of money set.
C/MacBride stated that the results of his survey while
canvassing approximately 500 businesses in the City
indicated the following major concerns: 1) lease
rates; 2) employee affordable housing; 3) identity of
centers; 4) signage of individual stores; 5) traffic
control and 6) security control. It is the recommend-
ation of the subcommittee that an individual be re-
tained to consider these concerns, and utilize existing
studies to develop a plan to present to the City
Council for consideration, and implement that plan upon
the consensus of the Council. The City Council can
determine the appropriate amount of funds to be
utilized.
C/Werner concurred that there is a need to get profes-
sional and technical help for this long-range economic
development activity. However, concerned that the City
may be moving forward on an activity not well defined,
he suggested that staff be directed to develop a more
definitive recommendation in the form of an RFP as an
initial step before selecting a consultant. Perhaps
the City should utilize local resources to develop the
strategic plan.
C/Forbing pointed out that the recommendation made is
or the Council to direct staff to prepare a request for
proposals and select a consultant to prepare and
implement an economic strategic plan, not to prepare
another report. The suggestion for $50,000 is an
umbrella amount so staff can prepare the RFP and
interview those interested in being a consultant for
economic development for this community. There is a
need for an individual to work with the Chamber and the
business community to fill the stores.
C/Forbing moved, C/MacBride seconded to direct staff to
develop an RFP and select a consultant to prepare and
implement an economic development strategic plan, and
transfer $25,000 from the unappropriated fund balance
of the economic development activity account for a
total of $50,000 for this financial year.
SEPTEMBER 21, 1993
PAGE 9
C/Werner expressed concern that this type of outreach
program will attract high -sales -tax -generator uses that
will bring in a lot of traffic and create other types
of concerns that the City may not be equipped to
handle. The City may also not be equipped to follow
through for the people that we're asking to make
commitments to the City.
M/Miller, noting that the motion is to direct staff to
prepare an RFP and select a consultant, inquired what
the specific request is for and who would determine the
consultant.
C/Forbing stated that the City Manager can be granted
the authority by the City Council to execute an agree-
ment to provide these services. The RFP is the basis
of what the consultant will do.
MPT/Papen, pointing out that the City Council should
determine the criteria for the RFP, suggested that the
Council direct staff to prepare an RFP that will
outline the scope of work and specific standards to be
brought back for the Council's consideration.
C/Werner suggested that the subcommittee invite
representatives from shopping centers that have
vacancies to attend a meeting to provide input.
Perhaps the City may also receive a commitment from
them to share costs, or provide in-kind service with
their staff to help the City help them.
C/Forbing pointed out that this has already been done
by the subcommittee. The City had been discussing this
problem for three years and it is time for some action
to be taken.
C/MacBride concurred that the simplest, most effective
thing that the City can do at this time is to take an
action and the simplest direction is to retain someone
who would be responsible, as a full time employee, to
take steps to fill those vacancies.
M/Miller expressed concern with the way staff's pro-
posal had been worded. He suggested that staff be
directed to prepare an RFP to go out to bid and that
staff bring back a recommendation to the City Council
after the City Manager has interviewed those who
respond to the RFP.
MPT/Papen stated that the RFP should come back to the
Council so that there is an agreement on the plan of
action, the responsibilities, the measure of account-
ablility and how it will be determined that the task
has been completed.
SEPTEMBER 21, 1993 PAGE 10
Following discussion, C/Forbing amended his motion,
seconded by C/MacBride, to direct staff to prepare an
RFP to be brought back to the City Council for review
and bring back a recommendation after the City Manager
has interviewed those who responded to the RFP. Motion
carried unanimously by the following Roll Call vote:
AYES: COUNCILMEN - Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - None
9• ANNOUNCEMENTS: C/MacBride announced the Friends of
the Library meeting scheduled for September 22, 1993, 6:00 -
8:30 p.m.
10. CLOSED SESSION: None held.
11. ADJOURNMENT: With no further business to
conduct, the meeting was adjourned at 9:45 p.m. to October
5, 1993 at 5:00 p.m. for Closed Session.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
1.
PN
MINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 28, 1993 4�
CALL TO ORDER: MPT/Papen called the meeting to order
at 7:03 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 Mayor Pro Tem Papen.
ROLL CALL: Councilmen Forbing, Werner and Mayor
Pro Tem Papen. C/MacBride was absent (excused). Mayor Miller
excused himself from the meeting in order to avoid the
appearance of any potential conflict of interest.
Also present were Terrence L. Belanger, City Manager; William
P. Curley, III, Assistant City Attorney; James DeStefano,
Community Development Director; George Wentz, Interim City
Engineer and Lynda Burgess, City Clerk.
PUBLIC HEARING:
2.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8;
VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT
NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE
TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK
TREE PERMIT NO. 91-2; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL
IMPACT REPORT NO. 92-1 - MPT/Papen stated that public
testimony on the EIR was received at the September 14,
1993 meeting and continued to this evening and re -opened
the Public Hearing.
C/Werner suggested that, due to the outcome of the
court's review of the referendum filed on the General
Plan, the Council's proceedings would not be to the
benefit of either the development team or the community.
Motion was made by C/Werner to adjourn the meeting
because of the decision rendered by the court relating to
the referendum of the General Plan.
Motion died for lack of second.
CA/Curley stated that, according to the Clerk of the
Court, the tentative ruling had been made final and there
was notice that a final judgment was rendered.
MPT/Papen suggested that the Council convene to Closed
Session under the Brown Act's litigation provisions.
SEPTEMBER 28, 1993 PAGE 2
3. CLOSED SESSION: MPT/Papen adjourned the meeting to a
Closed Session regarding Litigation, Government Code
Section 54956.9, at 7:10 p.m.
4. RECONVENE: MPT/Papen reconvened the meeting at
7:40 p.m. ACA/Curley announced that no reportable action
had been taken during the Closed Session.
5. ADJOURNMENT: MPT/Papen continued the Public
Hearing to October 5, 1993 at 7:00 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
1.
2.
3.
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 5, 1993
CLOSED SESSION: 5:00 p.m.
A. Litigation - Government Code Section 54956.9
1. City of Diamond Bar v. County of Los Angeles
2. Diamond Bar Associates v. City of Diamond Bar
3. Diamond Bar Citizens v. City Clerk
B. Personnel - Government Code Section 54957.6
No reportable action taken.
CALL TO ORDER: M/Miller called the meeting to order
at 6:20 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The Audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The Invocation was presented by
Reverend Randy Lanthripe of Church of the Valley.
ROLL CALL: Mayor Miller, Councilmen Werner,
Forbing and MacBride. 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 Development Director and City Clerk Lynda
Burgess.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 CERTIFICATE OF RECOGNITION - M/Miller presented Davis
Paul with a Certificate of Recognition for saving the
life of his cousin Tatum Paul.
Anne Stephens, representing Supervisor Deanne Dana,
presented Davis Paul with a plaque.
3.2 CITY TILES TO "CITY ONLINE" VOLUNTEERS AND LOCAL VENDORS
- M/Miller presented City Tiles to the following "City On
Line" volunteers: Albertson Food Center; Advanced Data
Systems; Casa O'Brien; Fields Pianos and Organs;
Krikorian Premier Theatre; Oak Tree Lanes; Pizza Hut;
Pomona Valley Mining Company; Ralphs Grocery; The Whole
Enchilada; Xavier Florists; David Allen; Nick and Patty
Anis; Robert Chamberlain; Robert E. Doss; Alvin
Evangilista; Kenneth A. Green; Jerry Green; Joel Halley;
Allan Garret; James Pew; Lance Ross; Michael Simons;
David Tenant; Joel Winters and Jim DeFriend.
4. SCHEDULE OF FUTURE EVENTS:
4.1 PLANNING COMMISSION - October 11, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
OCTOBER 5, 1993 PAGE 2
4.2 TRAFFIC & TRANSPORTATION COMMISSION - October 14, 1993 -
6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
4.3 CITY COUNCIL MEETING - October 19, 1993 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.4 DIAMOND RANCH HIGH SCHOOL SYMBOLIC GROUND BREAKING -
October 10, 1993 - 1:00 to 4:00 p.m., Peterson Park.
5. PUBLIC COMMENTS: Red Calkins, 240 Eagle Nest Dr.,
inquired as to who is paying for the two police officers
utilized to direct the traffic on Sunday at the intersection
of Golden Spgs. and Grand Ave., generated by Calvary Chapel.
Max Maxwell, 3211 Bent Twig Ln., stated that the Citizens to
Protect Country Living would be conducting private interviews
with all candidates in the November 2, 1993 City Council
election. He inquired into the City Clerk's instructions in
regard to referendum matters and requested that the Clerk be
required to resign. He further requested copies of the
appropriate documents from M/Miller relating to any possible
conflict of interest in the South Pointe Master Plan.
John Nobles, Jr., 13426 Tedemory, commended the quick and
professional action of Sheriff's Deputies, Paramedics and
citizen Nick Anis for their immediate response to the accident
which occurred on September 24, 1993 at 5:00 p.m. at the main
entrance of the Country Hills Shopping Center.
John Healy, 23041 Aspen Knoll Dr., referring to expenditures
relating to the General Plan, asked what constitutes outside
professional services. He questioned why the Council utilized
outside legal counsel in addition to the City Attorney.
Jeff Nelson, 23051 Rio Lobos Rd., questioned the competency of
the City Attorney, City Clerk and City Council regarding
referendum matters.
Oscar Law, 21511 Pathfinder Rd., stated that the members of
the City Council are elected to represent the citizens.
Nick Anis, 1125 Bramford Ct., in defense of the City Clerk,
stated that it is doubtful that any city clerk in any city
would accept a petition that doesn't fulfil the legal
requirements. The City Council's obligation is to do what is
best for the entire community, not just a handful of
residents.
8. PUBLIC HEARINGS:
8.1 RESOLUTION NO. 93-71: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA DETERMINING THAT
UNDERGROUNDING, IN THE SPECIFIED AREA, IS IN THE GENERAL
PUBLIC INTEREST AND ESTABLISHING THE DIAMOND BAR
BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 2 - ICE/Wentz
reported that this relates to a proposed project to
underground utility lines between Temple Ave. and Gold
OCTOBER 5, 1993 PAGE 3
Rush Dr. Only three properties seem to be impacted by
having to convert their meters from above -ground type
service to underground service within this section. Per
the Council's direction, staff investigated possible
funding sources to assist the three property owners to
pay the approximately $2,000 cost per property. At this
point, no funding sources have been identified as
feasible and the only possible source might be for the
City to provide a loan to the property owners. The
estimated cost of the project is $790,000, of which all
but approximately $6,000 will be funded from Rule 20A
monies available through Southern California Edison
(SCE). He recommended adoption of a Resolution
establishing Diamond Bar Blvd. Underground Utility
District No. 2.
M/Miller opened the Public Hearing.
Frank Dursa expressed surprise that the business
community had not responded to this proposed measure.
ICE/Wentz explained that the monies are provided through
SCE and there is no cost to the businesses for proceeding
with this project. The maximum cost for conversion is
$6,000 for all three properties. The property owners
have been notified of the costs.
Max Maxwell expressed concern that the $2,000 cost per
resident may create a hardship for those families.
Perhaps the undergrounding can be postponed until the
economy improves.
CM/Belanger explained that the funds, established by the
Public Utilities Commission (PUC) for the purpose of
advancing safety and aesthetic issues throughout the
State, can only be expended for this purpose. Staff has
indicated to the residents that the City will work with
them in trying to accommodate them as this project is put
into place.
Edgar Harrison, one of the affected property owners,
stated that he supports the undergrounding for aesthetic
reasons. In response to C/Werner, he clarified that he
is not one of the property owners that must pay the
$2,000.
With no further testimony offered, M/Miller closed the
Public Hearing.
C/Werner noted that the staff report indicates that
environmental impacts have not been assessed.
CA/Arcyznski stated that staff will insert the
categorical exemption into the document before it is
finalized.
OCTOBER 5, 1993
C/Werner asked
businesses had
kind of loans
owners.
PAGE 4
if traffic disruption and impact to
been considered. He also inquired of the
to be considered for the three property
ICE/Wentz stated that, as the actual construction time
nears, staff will be coordinating the project with the
businesses to try to mitigate any interruptions that may
be caused. Staff will make every effort to keep traffic
access open to each of the properties. He estimated that
there will be about a 6 -month construction period for the
phased project. The level of detail on the kind of loans
to be provided has not yet been fully considered. Staff
will provide options for Council consideration well in
advance of when the cost will be incurred.
C/MacBride moved, C/Forbing seconded to adopt Resolution
No. 93-71 entitled: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA, DETERMINING THAT
UNDERGROUNDING, IN THE SPECIFIED AREA, IS IN THE GENERAL
PUBLIC INTEREST AND ESTABLISHING THE DIAMOND BAR
BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 2, with the
understanding that existing and new utility distribution
facilities will be placed underground, that each property
served will have installed necessary private facilities
for underground services, and the utility will be
authorized to discontinue its overhead service. With the
following Roll Call vote, motion carried:
AYES: COUNCILMEN - MacBride, Forbing, Werner, M/
Miller
NOES: COUNCILMEN - None
ABSENT: COUNCILMEN - MPT/Papen
8.2 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE
TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND
OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO.
32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE
PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND
CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO.
92-9; THE SOUTH POINTE MASTER PLAN AND ENVIRONMENTAL
IMPACT REPORT NO. 92-1 - M/Miller excused himself from
discussion of this item due to a potential conflict of
interest.
CA/Arczynski stated that it is staff's recommendation
that the public hearing be continued to November 16,
1993.
C/Forbing opened the Public Hearing.
Horace Schmidtke, 1635 Morning Sun, expressed opposition
to allowing the project to access Morning Sun because it
would increase traffic, endangering the children and
pedestrians.
OCTOBER 5, 1993 PAGE 5
Max Maxwell submitted a 21 -page letter written by Don
Schad to the City Council. He suggested that the
developers be asked to make a full presentation at the
next scheduled Public Hearing. Also, the issue of the
EIR needs to be further addressed, as does the letter
from the Department of Fish and Game.
Mr. Kim, 1704 Morning Sun, presented pictures
illustrating how poorly the subject property is being
maintained by the property owners, which has damaged his
drains and eroded his rear slope. The developers have
not yet repaired the damage.
Jan Dabney, 671 Brea Canyon Rd., consultant for RnP,
stated that, as a good neighbor policy, an emergency
repair was done on the drain to protect the subdivision
against the historical sheet flows that run across the
property. The ditch, and the sole maintenance belongs to
Mr. Kim, according to recorded documents and the recorded
maintenance agreement. He requested to see the pictures,
and verify the date taken, when those pictures are
submitted to the City Clerk.
C/Forbing continued the Public Hearing to November 16,
1993.
5. PUBLIC COMMENTS (Cont'd.) Barbara Beach-Courchesne stated
that it is the desire of the citizens of D.B. to control
growth, to maintain the country living atmosphere and to seek
traffic congestion mitigation without significant effects on
the environment. The Council needs to listen to and respond
to the will of the people. Three successful lawsuits
underscore the fact that concerned citizens are acting
appropriately in exercising their constitutional rights in the
City.
George Barrett, 1883 Shaded Wood Rd. expressed opposition to
Mr. Anis' view points.
Ken Anderson, 2628 Rising Star Dr., complained that the
software diskette distributed during the City On Line
presentation was mostly shareware, with only a half page of
information about City On Line. Also, as it currently stands,
the software will not operate without a VGA monitor. In
regard to comments made by Mr. Anis, he pointed out that the
size of the group does not matter as much as the intent of the
people and their desires to make the City into the preferred
image.
Frank Dursa inquired as to why an outside law firm was hired
to provide representation on the referendum. He then
questioned the appropriateness of Mr. Bruce Flamenbaum, a
Planning Commissioner, thus a City employee, of representing
M/Miller on lawsuits involving the Citizens to Protect Country
Living. Mr. Flamenbaum should be asked to resign due to a
OCTOBER 5, 1993 PAGE 6
conflict of interest.
6. COUNCIL COMMENTS: C/MacBride announced that the City
has been working diligently to set up a program for a
neighborhood emergency action team for first aid, damage
assessment, safety and security, sheltering, search and
rescue, special needs and equipment. The City is in need of
mobile equipment with a radio to communicate with the outside
world if isolated by a tremendous catastrophic event.
CM/Belanger stated that the City is engaged in several plans
related to disaster preparedness. Money has been budgeted to
purchase a Mobile EOC to provide an emergency operation
response in the event of a catastrophic natural disaster. An
emergency preparedness plan is in its final preparation stages
and will be presented to City Council and the community upon
completion.
C/Forbing requested staff to prepare a Proclamation thanking
the City of Industry for donating the land to the PUSD for
Diamond Ranch High. School, to be presented to them at the
October 10, 1993 community celebration. In response to some
of the comments made during Public Comment, he read an
editorial from Sunday's Inland Valley Daily Bulletin
expressing concern that a few citizens are filing lawsuits
every time the Council takes an action they disagree on.
C/Werner, in regard to a meeting that took place with the City
Council and the Chamber of Commerce, suggested that staff take
the precaution of properly noticing the public, even though it
was not a Brown Act requirement in that situation, so that
members of that Council are not inhibited in any way of
talking and participating in the discussion.
M/Miller, in response to an inquiry made by Mr. Calkins,
explained that the Sheriffs are paid for by Calvary Chapel to
handle traffic control until that intersection can be upgraded
at a later date. In response to Max Maxwell, he stated that
the City Clerk makes her own decisions in the capacity of her
position and does not confer with the City Council or
administrative staff. If there are any legal questions, she
would most likely contact appropriate legal counsel. He then
clarified that the General Plan of July 27, 1993 is still in
effect. The official order signed by the judge has not been
received on the second referendum petition. In response to
Mr. Dursa, he explained that Mr. Flamenbaum is not a paid City
employee, but, as a Planning Commissioner, receives a stipend
for his services.
CM/Belanger clarified that the traffic services at Calvary
Chapel are required as a condition of a CUP and must continue
as long as that church continues to operate on that property.
In regard to the City Clerk's responsibility regarding the
referendum, he explained that the City Clerk can only
communicate with legal counsel in her decision-making process
OCTOBER 5, 1993 PAGE 7
and that her decision is ministerial and must follow the
letter of the law. Only the court can exercise discretion.
In regard to the concern of two separate legal counsels
appearing on the referendum pleading, he explained that the
City retained the firm of Richards, Watson and Gershon, at the
commencement of the preparation of the second draft General
Plan and final General Plan, for their advice in its
preparation as well as for litigation services. In response
to C/Werner's concern regarding the Chamber meeting, he stated
that he was led to believe that the meeting was not a public
meeting and that issues were not going to be discussed that
would involve a breach of the Brown Act. Staff will ensure
that the exact nature of the meeting will be known beforehand
so that the City Council and the general public is
appropriately protected.
CA/Arczynski explained that it is his law firm that represents
the City as City Attorney.
7. CONSENT CALENDAR: CA/Arczynski noted that the Minutes
of September 14, 1993 should be amended to accurately reflect
that both M/Miller and C/Werner were absent.
7.1 APPROVAL OF MINUTES:
7.1.1 Regular meeting of September 7, 1993 -
Approved as submitted.
7.1.2 Adjourned regular meeting of September 14,
1993 - South Pointe Master Plan - Approved as
submitted.
7.2 WARRANT REGISTER - Approved Warrant Register dated
October 5, 1993 in the amount of $548,641.44.
7.3 MEMBERSHIP OF HIDDEN HILLS IN SCJPIA - Approved
membership of the City of Hidden Hills in the SCJPIA and
authorized C/Forbing to execute the consent form as the
City's delegate to the Authority.
7.4 CLAIM FOR DAMAGES - Filed by Korenne Off enbecher, August
10, 1993 - Rejected request and referred the matter for
further action to Carl Warren & Co., the City's Risk
Manager.
7.5 BOND EXONERATIONS:
7.5.1 PAVING SURETY BOND POSTED FOR TRACT 42534
(MONTEFINO CONDOMINIUM COMPLEX) - Approved
exoneration of Bond No. OC300752 for paving
private streets at Porto Grande, Estoril Dr.
and Bodega Way in the amount of $111,500.
7.5.2 PAVING SURETY BOND POSTED FOR TRACT 42533
(MONTEFINO CONDOMINIUM COMPLEX) - Approved
exoneration of Surety Bond No. OC300865 for
OCTOBER 5, 1993 PAGE 8
paving of Estoril Dr. (private street) in the
amount of $85,850.
7.5.3 GRADING SURETY BOND POSTED FOR TRACT 42535
(MONTEFINO CONDOMINIUM COMPLEX) - Approved
exoneration of Surety Bond No. OC300453 posted
for grading of Building Nos. 44065 inclusive,
on Chardonnay Ave. in the amount of $7,000.
7.5.4 PAVING SURETY BOND POSTED FOR TRACT 36741
(MONTEFINO CONDOMINIUM COMPLEX) - Approved
exoneration of Surety Bond No. 5293514 posted
for paving of Bodega Way and Colombard In.
(private streets) in the amount of $118,000.
7.5.5 STORM DRAIN BOND FOR PRIVATE DRAIN NOS. 1813
AND 2061 ON TRACT 42535, CONSTRUCTED BY
PRESLEY OF SOUTHERN CALIFORNIA - Approved
exoneration of Surety Bond No. OC300530 posted
for Storm Drain Nos. 1813 and 2061 in the
amount of $194,000.
7.5.6 GRADING SURETY BOND POSTED FOR 2452 ALAMO
HEIGHTS - Approved exoneration of Surety Bond
No. 3 SM 719 269 00 posted for grading in the
amount of $4,460.
7.5.7 SURETY BOND POSTED FOR GRADING AT 2638 BLAZE
TRAIL DR. - Approved exoneration of Surety
Bond No. P2500423 in the amount of $8,622.
7.5.8 GENERAL INSPECTION SURETY BOND POSTED FOR
TRACT 36741 (MONTEFINO CONDOMINIUM COMPLEX) -
Exonerated Surety Bond No. 6322839 posted for
general inspection of Bodega Way and Colombard
Ln. (private streets) in the amount of
$10,000.
7.6 ADOPTED RESOLUTION NO. 93-72: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD
OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT OF THE COUNTY OF LOS ANGELES TO ACCEPT ON BEHALF
OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN
IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1813 IN THE CITY
OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR
AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND
CONVEYANCE THEREOF.
7.7 APPROVED AMENDMENT TO AGREEMENT WITH CHARLES ABBOTT
ASSOCIATES, INC. FOR THE ADMINISTRATION OF THE CITY'S
SOLID WASTE PERMIT SYSTEM AND TO ASSIST IN THE
COORDINATION OF AB 939 RELATED ACTIVITIES DURING FISCAL
YEAR 1993-94.
OCTOBER 5, 1993 PAGE 9
9. OLD BUSINESS:
9.1 DRAFT REQUEST FOR PROPOSAL - ECONOMIC DEVELOPMENT ACTION
PLAN AND IMPLEMENTATION (RETENTION/ATTRACTION) - With
consensus of Council, staff was directed to proceed with
the RFP, correcting any typographical errors.
9.2 LEYLAND DRIVE ENCROACHMENTS - CM/Belanger stated that
residents on Leyland Dr. have constructed improvements
within the existing right-of-way easement. He
recommended that staff be directed to identify any
encroachments that may violate applicable codes and
ordinances and that action be taken to mitigate
violations. Any encroachments that are not in violation
would be allowed to remain.
ICE/Wentz explained that when the tract maps were
approved by the County prior to the City's incorporation,
a public easement was given to the City for improvement
and utility purposes. The City Attorney indicated that
maintaining the dedicated easement is preferable to fee
ownership and as long as no particular ordinances or
codes have been violated, the improvements could be
constructed within the parkway since they are technically
owned by the adjacent property owners. However, since
that easement belongs to the City and there are utilities
within that easement, all those improvements are being
installed at homeowners' own risk and may have to be
removed if, for example, a utility company needed to
replace a line.
Priscilla MacCareg stated that it was recommended by the
City Engineer a couple of months ago that they either
remove the wall that they were constructing on the
easement, or obtain a $1,000,000 liabilityinsurance
policy. She expressed concern that not all homeowners
will be required to obtain this insurance.
ICE/Wentz explained that, prior to the knowledge that the
dedicated easement was not a fee ownership, staff
expressed concern to the property owner regarding
potential liability to the City if an accident occurred
because of that wall. The resident was also asking for
a variance in terms of the height of the wall within the
easement area. It was suggested that either there needs
to be some protection in terms of liability or, since the
wall was only partially constructed, relocate the wall
further back. The pilasters and stairs within the
right-of-way area were allowed to remain. As a result,
the property owner relocated the wall further back.
Staff will meet with Ms. MacCareg to discuss the issue
further, if so desired.
C/MacBride requested staff to clarify if property owners
will need to obtain insurance liability.
OCTOBER 5, 1993 PAGE 10
CA/Arczynski explained that, at the time, the City did
not have the face sheet of the map available for review,
and the tract map itself appeared to show that the City
had fee title. If the City had fee title, the standard
City policies for encroachments would be to require
licenses and insurance policies. However, since it has
been determined that the City does not have fee title,
insurance is a non -issue at this juncture.
It was the consensus of Council to direct staff to
identify any encroachments that may violate applicable
codes and ordinances and that action be taken to mitigate
violations. Any encroachments that are not in violation
would be allowed to remain.
9.3 RESOLUTION NO. 93-73: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR MODIFYING A 112 -HOUR PARKING,
7:00 A.M.-6:00 P.M." PARKING RESTRICTION TO A "NO
STOPPING, 6-8:00 A.M. & 4-6:00 P.M., EXCEPT SATURDAY AND
SUNDAY" SUPPLEMENTED WITH A 112 -HOUR PARKING, 8:00
A.M.-4:00 P.M., EXCEPT SATURDAY AND SUNDAY" RESTRICTION,
RED CURBING ON THE SOUTH SIDE OF PATHFINDER ROAD BETWEEN
SR 57 OFF -RAMP AND BREA CANYON ROAD - ICE/ Wentz reported
that the owner of the building expressed concern related
to parking during the construction of Pathfinder Bridge,
as well as parking after the construction is completed.
The current parking condition provides angled parking in
front of those businesses with a two-hour restriction
between 7:00 a.m. and 6:00 p.m. It was indicated to the
property owner that the angled parking would need to be
eliminated, but that an attempt would be made to try and
maintain as many parallel parking spaces in front of the
businesses as possible. The Traffic & Transportation
Commission recommended a signing and painting program.
He recommended approval of a design to include a right -
turn lane at Brea Canyon road from eastbound Pathfinder
Road.
M/Miller expressed concern that limiting parking to 2
hours between the hours of 8:00 a.m. and 4:00 p.m. would
restrict the use of employee parking in front of the
building.
C/Forbing pointed out that the entrances to several of
the offices are directly on Pathfinder, and if parking
isn't limited, then customers will not have a place to
park. Employees don't need to park in front of those
offices.
ICE/Wentz stated that the primary purpose for limiting
parking was to assure that visitors of the businesses had
readily -available parking spaces to conduct business.
Employees could use the other parking areas on the site.
There is currently a 2 -hour parking restriction.
OCTOBER 5, 1993 PAGE 11
Terry Rhinehart, Rhinehart Management Company, submitted
a petition signed by 2/3 of the tenants requesting more
parking spaces, opposing the 2 -hour parking restriction
and the "No Stopping At Any Time" sign. Five spaces in
the front of the building and two in front of the Chevron
Gas Station are needed, for a total of 7 spaces, one
space for each of the offices facing Pathfinder.
Shelley Urban stated that parking has always been a major
problem at the building. All employees of the businesses
within the Center should be allowed to park in front of
the building.
Fred Scalzo, a member of the Chamber of Commerce, pointed
out that, because the County was much more lenient in
their parking requirements, the Center was built with
inadequate parking, and the off-site parking was consid-
ered as though it were a parking lot for that center.
For this reason, the Council should lift the restrictions
on the parking for the Center. The survival of that
center and the businesses within the center require
employee and customer access. The businesses in the
Center should be the ones to determine how to solve
customer parking.
Mr. Rhinehart expressed concern regarding enforcement of
the parking restriction and noted that employees can't
park at Denney's because they will get ticketed. He
questioned if the Pathfinder Bridge was properly
constructed because it eliminates existing parking
spaces.
C/Werner pointed out that removing the 2 -hour parking
limitation would allow anyone to park there, including
students from the high school or motorists not conducting
business at the center.
C/Forbing stated that if parking is not restricted,
eventually the businesses in the center will complain
because there will be no parking available for customers.
Mr. Rhinehart, after listening to the reasoning of the
Council, stated that he would prefer the 2 -hour parking
limitation even though 2/3 of the businesses of the
center want the 2 -hour restriction removed.
ICE/Wentz indicated that Mr. Rhinehart had originally
expressed a preference for the 2 -hour parking restriction
so that there would be parking available to transient
traffic. Though there is currently a 2 -hour restriction,
enforcement generally has not been an issue, and mainly
those parking on the street have been observed to be
employees. The parking design was discussed with Mr.
Rhinehart when the Pathfinder Bridge was originally
OCTOBER 5, 1993 PAGE 12
initiated. Upon observation of the center's parking lot,
it was suggested to Mr. Rhinehart that possible modifica-
tions to the on-site parking configuration be considered
to increase the number of parking spaces. The center
currently has approximately 108 parking spaces. Staff's
recommendation is based upon staff's desire to maintain
as much of a compromise as possible for that on -street
parking.
C/Werner suggested that the property manager and the
tenants try to organize a plan for the on-site parking
configuration. Regardless of whether there is a 2 -hour
restriction or not, there is no way for the City to
resolve the 108 parking space demand, even with the
on -street parking as it exists today. Though the parking
configuration was approved by the County for the devel-
opment of that property, it must be noted that the County
was perhaps short-sighted in their planning for the
property, creating the consequences now suffered by the
City, the businesses and the owner. He supported
retaining the 2 -hour parking restriction as preferred by
the property owner.
M/Miller pointed out that it would be easier to first try
the parking without the 2 -hour restriction, and then, if
unsuccessful, a restriction can be implemented.
C/Werner moved, C/Forbing seconded to accept staff's
recommendation to retain the 2- hour restriction and
adopt Resolution No. 93-73 entitled: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING A
112 -HOUR PARKING, 7:00 A.M.-6:00 P.M." PARKING RESTRICTION
TO A "NO STOPPING, 6-8:00 A.M. & 4-6:00 P.M., EXCEPT
SATURDAY AND SUNDAY" SUPPLEMENTED WITH A 112 -HOUR PARKING,
8:00 A.M.-4:00 P.M., EXCEPT SATURDAY AND SUNDAY"
RESTRICTION, RED CURBING ON THE SOUTH SIDE OF PATHFINDER
ROAD BETWEEN SR 57 OFF -RAMP AND BREA CANYON ROAD with the
proposed signing and striping for the south side of
Pathfinder Rd. between SR 57 off -ramp and Brea Canyon
Rd., and to approve the design to include a right turn
lane at Brea Canyon Rd. from eastbound Pathfinder Rd.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Werner, Forbing, MacBride
NOES: COUNCILMEMBERS - M/Miller
ABSENT: COUNCILMEMBERS - MPT/Papen
9.4 PUMP STATION DESIGN FOR "COUNTRY SEWERS" - M/Miller
abstained from discussion of this matter due to a
potential conflict of interest.
CM/Belanger reported that the County informed the
engineering firm charged with the sewer design and the
City Engineer that the pump station at Indian Creek
needed to be upgraded as a result of the burden of the
OCTOBER 5, 1993 PAGE 13
addition of 148 homes in "The Country."
ICE/Wentz recommended that the Council authorize an
expenditure of up to $40,000 for the design of the Indian
Creek pump station.
C/Werner moved, C/MacBride seconded to approve staff's
recommendation to authorize an expenditure of up to
$40,000 for the design of the Indian Creek Pump Station.
With the following Roll Call vote, motion carried:
AYES: COUNCILMEMBERS - Werner, MacBride, Forbing
NOES: c�-COUNCILMEMBERS - None
ABSENT: COUNCILMEMBERS - MPT/Papen
ABSTAIN: COUNCILMEMBERS - M/Miller
10. ANNOUNCEMENTS: C/Forbing noted that those people
who were vocal at the beginning of the meeting left as soon
as the Council began the business of the community.
M/Miller announced that William Dunn, father of Joe Dunn,
Production Manager for Jones Intercable, had recently passed
away and that John Beke, a current Traffic & Transportation
Commissioner, passed away on October 1, 1993.
11. ADJOURNMENT: With no further business to
conduct, the meeting was adjourned at 9:45 p.m. in memory of
Mr. John Beke.
FAWNW96
Mayor
LYNDA BURGESS, City Clerk
t, 4,
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, November 2, 1993
DATE: October 28, 1993
Attached is the Voucher Register dated November 2, 1993. As
requested, the Finance Department is submitting the voucher
register for the Finance Committees 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 dated November 2, 1993 has been
audited approved and is recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
FUND NO. FUND DESCRIPTION
001
General Fund
112
Prop A Transit Fund
113
Prop C Transit Fund
115
Int. Waste Mgt Fund
118
Air Quality Imp Fund
125
CDBG Fund
138
LLAD #38 Fund
139
LLAD #39 Fund
141
LLAD #41 Fund
225
Grand Ave Const Fund
227
Traffic Mitigation Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
Linda G. Marin on
Accounting Manager
T-trrence L. Belanger
City Manager
AMOUNT
$760,586.13
9,928.75
302.25
42.00
13,013.33
6,693.36
7,958.60
9,254.67
3,600.15
4,357.26
18,950.00
6.902.50
$841,589.00
L06
/ 41& z
Phyl is E. Papen
Mayor Pro Tem
IL
n A. Forbing
Councilmember
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. +3,I
TO: Honorable Mayor and City Council
MEETING DATE: October 19, 1993 P`� REPORT DATE: October 11, 1993
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
Treasurer's Report - August 31, 1993
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of August 1993.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Spec. (on file in City Clerk's Office)
Ordinances(s) _ Other
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
REV
Terrence
L.
City Manager
Li da G. Ma 'on
Accounting Manager
Yes No
_ Yes X No
Yes X No
Yes X No
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 19, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - August 31, 1993
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the August, 1993 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of August 1993. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
August 30, 1993
..... .....
r{��1ML•i+:
.:.................. v; .,:•:.,v :. •.•.�,• ,j�.jyQ�� �j"f,�i,,}yy,��{��;$y,;yyyj���'`a��j�,yy
�1.•::: i �:ti{:}}:'#1� }'::::ti ii':MI•:1MN:)f:1�:.::i: :j;�
GENERAL FUND
$4,935,672.75
$623,190.22
$815,988.67
$4,742,874.30
TRAFFIC SAFETY FUND
0.00
5,690.80
5,690.80
GAS TAX FUND
2,442,551.95
128,143.63
1,098.02
2,569,597.56
TRANSIT TX (PROP A) FD
493,617.27
88,071.49
873.96
580,814.80
TRANSIT TX (PROP C) FD
942,738.85
942,738.85
INTEGRATED WASTE MGT FD
18,077.57
3,170.90
2,767.09
18,481.38
AIR QUALITY IMPRVMNT FD
40,896.27
3,921.75
36,974.52
STATE PARK GRANT FUND
0.00
PARK FEES FUND
188,187.22
188,187.22
COM DEV BLOCK GRANT FI
197,493.34
5,659.00
10,836.38
192,315.96
LANDSCAPE DIST #38 FD
191,449.33
16,552.76
22,654.62
185,347.47
LANDSCAPE DIST #39 FD
119,255.43
5,328.38
17,487.25
107,096.56
LANDSCAPE DIST #41 FD
141,027.55
2,395.33
14,000.66
129,422.22
GRAND AV CONST FUND
448,609.61
1,098.02
447,511.59
TRAFFIC MITIGATION FEE FD
285,237.87
10,000.00
295,237.87
CAP IMPROVEMENT PRJ FD
60,829.59
221,386.46
(160,556.87)
SB 821 FUND
156,224.55
156,224.55
SELF INSURANCE FUND
460,654.61
460,654.61
TOTALS
11,122,523.76
$888,202.51
1,112,112.88
$0.00 $10,898,613.39
SUMMARY OF CASH:
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $301,281.79
PAYROLL ACCOUNT 422.51
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
10,596,309.09
$302,304.30
10,596,309.09
TOTAL CASH $10,898,613.39
CITY OF DIAMOND BAR Z
AGENDA REPORT AGENDA NO. %
TO: Honorable Mayor and City Council
MEETING DATE: November 2, 1993 J`'�, REPORT DATE: October 27, 1993
FROM: Linda G. Magnuson; Accounting Manager
TITLE:
Treasurer's Report - September 30, 1993
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of September 1993.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report _ Public Hearing Notification
_ Resolution(s) _ Bid Spec. (on file in City Clerk's Office)
_ Ordinances(s) _ Other
Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _ Yes X No
4. Has the report been reviewed by a Commission? _ Yes_X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments:
REV EWED BY: l01. 114.
rrence L. Belang Linda G. Ma son
City Manager Accounting M&hager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - September 30, 1993
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the September, 1993 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of September 1993. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
Linda G. Magnuson
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
September 30, 1993
GENERAL FUND
$4,742,874.30
$922,901.63
$792,489.20
$4,873,286.73
TRAFFIC SAFETY FUND
5,690.80
32,538.21
38,229.01
GAS TAX FUND
2,569,597.56
113,884.32
1,160.66
2,682,321.22
TRANSIT TX (PROP A) FD
580,814.80
15,970.81
564,843.92
TRANSIT TX (PROP C) FD
942,738.85
39,080.00
981,818.85
INTEGRATED WASTE MGT FD
18,481.38
9,413.70
6,158.3B
21,736.70
AIR QUALITY IMPRVMNT FD
36,974.52
15,301.61
2,909.80
49,366.33
STATE PARK GRANT FUND
0.00
PARK FEES FUND
188,187.22
188,187.22
COM DEV BLOCK GRANT FE
192,315.96
199,079.24
(6,763.28)
LANDSCAPE DIST #38 FD
185,347.47
23,512.33
161,835.14
LANDSCAPE DIST #39 FD
107,096.56
17,367.16
89,729.40
LANDSCAPE DIST #41 FD
129,422.22
16,887.77
112,534.45
GRAND AV CONST FUND
447,511.59
891.81
446,619.78
TRAFFIC MITIGATION FEE FD
295,237.87
295,237.87
CAP IMPROVEMENT PRJ FD
(160,556.87)
77,099.38
(237,656.25)
SB 821 FUND
156,224.55
156,224.55
SELF INSURANCE FUND
460,654.61
84,752.00
375,902.61
TOTALS
$10,898,613.39
1,133,119.47
1,238,278.61
$0.00 10,793,454.25
Ril kv, I ky, Ll SA •
DEMAND DEPOSITS:
INVESTMENTS:
GENERAL ACCOUNT $206,059.38
PAYROLL ACCOUNT 485.78
CHANGE FUND 100.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
COMMERCIAL PAPER
L.A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
10,586,309.09
$207,145.16
WIN* . IiY*1111*1
TOTAL CASH $10.793.454.25
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
AUGUST 9, 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:04
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 Flamenbaum.
ROLL CALL: Commissioners: Grothe, Flamenbaum, vice Chairman
Plunk, and Chairman Meyer. C/Li arrived at 7:15
p.m.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Planning Department Secretary
Marilyn Ortiz.
CONSENT CALENDAR: VC/Plunk indicated that she will not vote on the
minutes because she was not present during the
Minutes of subject meeting.
July 26, 1993
Chair/Meyer requested that the minutes be corrected
on page 9 to delete "Chair/Meyer declared the
public hearing closed."
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED to approve the Minutes of July
26, 1993, as amended.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Grothe, Flamenbaum, and
Chair/Meyer.
None.
Plunk.
Li.
CONTINUED
AP/Searcy presented the staff report regarding the
PUBLIC HEARING:
request, by the applicant Donco Signs representing
Mobil Oil, for approval to reorient and relocate an
Variance
existing 24 ft. twin pole sign located at the Mobil
No. 93-2
Service Station on the northwest corner of Diamond
Bar Blvd. and Golden Springs Drive. This
application is the result of a code enforcement
action on behalf of the City. The applicant
applied for and received an approval, on September
9, 1992, to replace the sign face of the twin pole
sign in addition to other wall signs at the service
station. Subsequent to this approval, they
applicant returned to the City and requester
revisions to the sign plan. Those revisions were
approved for alterations to the wall signs only,
which were altered on the plans, initialed by tn.
planner, and submitted to the Building Department.
At no time were notes on the plans revised to sh .
August 9, 1993 2
a relocation of the twin pole sign. During
subsequent plan check by the Building Department,
the applicant submitted a plan with a revised
location of the freestanding sign that had not been
reviewed by the Planning Department. During field
inspections, the inspector noticed that there was a
detail sheet attached to the set of plans which
exhibited a footing detail showing the relocation
of the twin pole footing. Investigation of the
Planning Department approval and the Building
Department approval, identified that the applicant
had shown a relocation of the footings of the sign
without approval, and had not submitted a formal
request for relocation to the City. The pole sign
had been altered without permits. Because the sign
had been legal non -conforming and illegally
relocated, the sign status immediately transformed
into non -conforming. The applicant was informed
that staff was bound by the code to require the
removal of the non -conforming sign but the decision
could be appealed to the Planning Commission. The
applicant has indicated that they feel the permit
was issued in error, and that the reorientation of
the pole sign had been requested as a part of this
application. The applicant also feels that the
sign is still in conformance with City standards
and will not create any new or additional impacts
to the surrounding area. The applicant requests
the re -orientation of the sign to better attract
attention from traffic in a safer manner. Staff
has reviewed the application and finds no
supportable evidence submitted by the applicant
which compels staff to support the request, as
indicated in the Findings of Fact presented in the
staff report. It is recommended that the
Commission adopt the resolution for denial of the
application.
AP/Searcy, in response to VC/Plunk, stated that, to
his knowledge, the Building Department Engineer
would have to do a detailed footing inspection, and
calculation review, to determine the safety of the
footings that were moved.
Chair/Meyer declared the public hearing opened.
Mark Fink, with Donco Signs Inc. representing Mobil
oil, explained that plans were submitted in' the
early part of September of 1991, requesting the
face change in the wall signs. Subsequent to that
submittal, Mobil oils marketing people decided that
the pole sign would be more effective if it
addressed Diamond Bar Boulevard. When staff called
to advise that the plans were ready for permit
issuance, proposed revisions, which included
August 9, 1993 3
changing one of the wall signs from "Mobil Mart" to
"Snack Shop", as well as the re -orientation of the
pole sign, were submitted. Those plans, reflecting
both proposed changes, were discussed, in detail,
with a representative from the Planning Department
and from the Building and Safety Department. It
was advised that the proposed changes were
acceptable, and a Building Department official
initialed and dated the plans approving the revised
location. Had it been known that the reorientation
would not be acceptable, only the sign face changes
would have been made. The change, reviewed and
approved by the City, and carried out by Mobil Oil,
is minor in nature and does not create any new or
additional impacts. It seems unfair to require the
removal of the signs due to a mistake made on the
part of the City staff. Mr. Fink stated that he
has structural calculations from a licensed
structural engineer indicating that the footing,
which was approved by the Building Department, is
more than adequate for the City's requirements.
C/Li inquired why the applicant did not attach the
structural calculations to the application.
Mark Fink explained that the applicant did give the
revisions to the City's plan check Building
Department Engineer, Mr. Joe Bizone, who then
approved and signed the plan, indicating that it
would be attached to the City's paperwork. The
applicant is very much aware of the need for
inspections on the structural integrity of the
footings, and would not attempt to deceive the City
in any way.
AP/Searcy stated that the Planning Department
reviewed and approved revisions made to the wall
signs only, which was initialed and dated by the
staff planner. At no time did the Planning
Department note or date any revision to the footing
of the free standing monument sign.
Mary Jean McMillan, an employee of Donco Signs who
pulled the permits, stated that, on September 28,
1992, she informed staff that Mobil Oil requested
two changes to be made to the permit ready to be
issued, which included the reorientation of the
pole sign and changes to the sign face. Two City
officials reviewed the changes made to the plot
plan, initialed and approved those changes, and
took a copy of the engineering calculations. .The
fees were then paid and the permit was issued.
Hearing no further testimony, Chair/Meyer declared
the public hearing closed.
August 9, 1993 4
AP/Searcy, in response to C/Flamenbaum, explained
that any alteration of the sign would constitute a
change in the legal non -conforming use of that
sign, thus changing the status to non -conforming.
Changes to the contents of the existing box or sign
face is allowed.
Chair/Flamenbaum inquired if the Building
Department Engineer recalls initialing and
approving the plans with the revisions.
CDD/DeStefano explained that the employee
acknowledges his initial at the site on the
drawings that shows the relocated sign. However,
no permits were issued, no plan check fees were
paid to indicate that the Building Department ever
took in any drawings related to.that footnote on
the plans to support approval of the reorientation.
C/Flamenbaum questioned if a City employee's
initial with the word "approval" on the plan would
constitute some sort of approval by the City. An
applicant could presume that the employees at the
counter are authorized to act on the City's behalf.
AP/Searcy pointed out that it is a common
procedure, known by Mr. Fink, that permits must be
issued by both the Building Department and the
Planning Department for work being done.
VC/Plunk suggested that, as a compromise to this
situation, the applicant be allowed a monument sign
at a height not to exceed the 1176" Service Station
sign in the same vicinity.
C/Grothe pointed out that non -conforming signs need
to be abated within 10 to 15 years. The Mobil Oil
monument sign should be replaced with a sign 6 feet
in height to improve it's visibility, or it should
be removed altogether. However, if there has been
an error made with this application, perhaps
permission can be granted to put the sign back as
it was originally located.
C/Li stated that since the revision was not
approved, he would concur with staff's
recommendation to deny the application. The plans
seem to have been initialed acknowledging receipt
of the document, not authorizing that the
calculations submitted were reviewed and approved.
Chair/Meyer inquired if the reorientation of a
single pole sign would require only Building
Department approval.
August 9, 1993 5
AP/Searcy stated that changes to the interior face
of the sign require only Building. Department
approval. Reorientation of a sign would definitely
be subject to Planning Department review.
Chair/Meyer expressed his concern that the Sign
Code is so severe that a reorientation of a sign
affects a non conforming status. Most
nonconforming Ordinances allow minor modification
in the scope and scale of a non conformity, if that
nonconformity is not increased. A variance is not
the proper tool for this situation. since the
findings for a variance would be difficult to make
on this particular provision.
CDD/Destefano explained that the Sign Ordinance
adopted in 1991 was intentionally drafted straight
forward and simple with the intent of capturing
these freestanding signs that exceed 6 feet in
height. The major rehabilitation of this gas
station is a nice addition to the City of Diamond
Bar. However, there is differing representation on
what has occurred, making it difficult to resolve
the situation. The Building Department official
was asked to attend the meeting to assist in
understanding the circumstances. If the Commission
would prefer to hear testimony from the Building
Department official or the Planning Department plan
checker, then perhaps the matter should be
continued to the next available Planning Commission
meeting.
VC/Plunk pointed out that the plan is initialed by
the Building Department official indicating his
acknowledgment of the revised location. It does
not say "approved".
Chair/Meyer recessed the meeting to allow the
Commission an opportunity to review the plans.
Chair/Meyer reconvened the meeting and declared the
public hearing opened.
Mark Fink, in response to Chair/Meyer, stated that
the current market value for a similar sign would
be approximately $14,000 dollars. The scope of the
cost for it's reorientation was approximately
$1,500 dollars.
Chair/Meyer declared the public hearing closed.
Chair/Meyer stated that staff has recommended that
the variance be denied because there is no
supportable evidence submitted by the applicant
demonstrating that they are being denied a
August 9, 1993 6
substantial property right afforded their neighbors
in the same vicinity and zone.
Motion was made by C/Grothe and seconded by
VC/Plunk to accept staff's recommendation to deny
the application for Variance No. 93-2.
C/Flamenbaum pointed out that the reorientation of
the sign is not a substantial change from the way
the sign was originally. Since there is no basis
for a variance, he stated that he would recommend
that the request for the variance be denied but
that the Planning staff be directed to approve the
sign as it presently exists, assuming it meets all
appropriate building requirements. It seems that
there was a miscommunication to the applicant on
the proper procedure that should have been
followed. C/Li concurred.
C/Grothe stated that the sign should be brought
into conformance with the current Sign Code since
it has been modified by changing it's orientation.
DCA/Fox concurred that there are no grounds for a
variance. This situation is susceptible to a
contemporaneous administrative interpretation by
the Community Development Director. The Sign Code
does permit a degree of discretion on the part of
staff, which becomes a matter of policy. The fact
that an employee in the Building Department may
have indicated approval does not bind the City
legally.
CDD/DeStefano stated that, based upon the comments
made by the Commission, perhaps it would be more
appropriate to continue the matter to the next
meeting so that alternatives could be developed,
and additional facts could be brought forth to help
the Commission draw a conclusion at that meeting.
C/Grothe stated that he would amend his motion to
deny the application without prejudice.
CDD/DeStefano, in response to Chair/Meyer, stated
that if the Commission decides to adopt the
resolution of denial, without prejudice, a new
application can be filed immediately if desired.
In response to VC/Plunk, he stated that the
applicant will have a 15 day appeal period giving
the applicant an opportunity to appeal the decision
of the Commission to the City Council. If there is
no appeal, and the Commission's decision caused
removal of the sign, staff would provide a
reasonable amount of time for the applicant to do
SO.
August 9, 1993
7
The Commission then voted upon the Motion made by
C/Grothe and seconded by VC/Plunk to accept staff's
recommendation to deny the application for Variance
No. 93-2, without prejudice.
AYES: COMMISSIONERS: Grothe, Li, VC/Plunk, and
Chair/Meyer.
NOES: COMMISSIONERS: Flamenbaum.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
The Motion CARRIED 4-1.
C/Grothe stated that the sign should be removed and
brought into total conformance with the Sign
Ordinance. C/Plunk concurred, however, she would
be willing to consider a modification to the sign
to be similar to the height of the 1176" service
station sign.
C/Flamenbaum, C/Li, and Chair/Meyer concurred that
it does not seem appropriate for the sign to lose
it's nonconforming entitlement for the kind of
minor modification made.
It is the consensus of the Commission that there
should be no substantive change to the existing
sign. Staff is directed to approve the sign.
Chair/Meyer indicated that it would be appropriate
for an effort to be made by the applicant to bring
the sign into compliance with the current Sign Code
as best as possible.
INFORMATIONAL C/Flamenbaum reported that the subcommittee on the
ITEMS: Planning Commission Policies and Procedures did not
have an opportunity to meet as planned.
ANNOUNCEMENTS: CDD/DeStefano reported on the following items: the
Planning Commission's discussion regarding
exploration of a bond issue for acquisition of open
space was directed to the City Manager for
distribution appropriately; the City Council
adopted the 1993 General Plan last week; and, as
Administrative Development Director, he approved a
remodeling of an existing Chevron station on Golden
Springs and Brea Canyon Road, a two story addition
to an existing home on Armitos Place, and a two
story addition to an existing home on Milky Way
Place.
C/Flamenbaum stated that he will not be in
attendance at the August 23, 1993 meeting. He
reported that he received an update, from the City
August 9, 1993 8
of Brea, on the processing of the Olinda Heights
Specific Plan.
C/Grothe stated .that he too will not be in
attendance at the August 23, 1993 meeting.
ADJOURNMENT: Motion was made by C/Grothe, seconded by C/Li and
CARRIED UNANIMOUSLY to adjourn the meeting at p.m.
Respectively,
J s DeStefano
Secretary
Attest:
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
AUGUST 23, 1993
CALL TO ORDER: Chairman Meyer 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.
ROLL CALL: Commissioners: Vice Chairman Plunk and Chairman
Meyer. Commissioner Li, Commissioner Grothe, and
Commissioner Flamenbaum were absent.
Also present were Associate Planner Rob Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, and Contract Recording Secretary Liz
Myers.
ADJOURNMENT: Due to a lack of quorum of the Planning Commission,
Chair/Meyer adjourned the meeting at 7:07 p.m. to
be continued to September 13, 1993 at 7:00 p.m.
Respectively,
Jams DeStefan
Secretary
Attes
h)avia peyer
Chair an
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
SEPTEMBER 13, 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:07 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 Chairman
ALLEGIANCE: Meyer.
ROLL CALL: Commissioners: Grothe, Vice Chairman Plunk, and Chairman
Meyer. C/Flamenbaum arrived at 7:12 p.m. C/Li was absent.
Also present were Community Development Director James
DeStefano, Associate Planner Robert Searcy, Deputy City
Attorney Craig Fox, and Contract Recording Secretary Liz Myers.
C 0 N S E N T Chair/Meyer requested that the minutes of August 9, 1993 be
CALENDAR: corrected on page 5, second paragraph to read, "...affects a non
conforming status. Most nonconforming Ordinances allow minor
Minutes of modification in the scope and scale of a non conformity, if that
Aug 9, 1993 & nonconformity is not increased."; and page 7, sixth paragraph, to
Aug. 23, 1993 omit the word "structural" and replace the word "to" with "with".
Motion was made by C/Grothe, seconded by VC/Plunk and
CARRIED to approve the Minutes of August 9, 1993, as amended.
AYES: COMMISSIONERS: Grothe, VC/Plunk, and
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Li and .Flamenbaum.
C/Grothe indicated that he will abstain from voting on the minutes
of August 13, 1993 because he was not present during the
subject meeting.
Motion was made by VC/Plunk, seconded by Chair/Meyer and
CARRIED to approve the minutes of August 13, 1993 as
presented.
AYES: COMMISSIONERS: V C/ P l u n k a n ci
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Grothe.
ABSENT: COMMISSIONERS: Li and Flamenbaum.
September 13, 1993 Page 2
STUDY SESSION:
CDD/DeStefano explained that the draft Property Maintenance
Ordinance study session is meant to be an open discussion
Draft Property
between the Planning Commissioners, staff, and the Council's
Maintenance
subcommittee who crafted the draft Property Maintenance
Ordinance
Ordinance, to generate comment in the early stages of the
adoption process for this Ordinance. Those committee members
present this evening are MPT/Papen, President of the DBIA Bob
Zirbes, Code Enforcement Officer Al Flores, DBIA Board member
Kathy Solice, and Traffic and Transportation Commissioner Don
Ury. The City, upon incorporation, adopted Los Angeles County
codes dealing with zoning enforcement, animal control, property
maintenance, building and structural adherence to code, and so
forth. Through the myriad of the LA County codes, it became
increasingly difficult for the City to enforce the regulations
important to maintain the quality and character of Diamond Bar.
A variety of different cities' Property Maintenance Ordinances
were examined, through the efforts of the subcommittee
members, and what is believed to be the best parts of those
ordinances were pulled and included in the draft Property
_
Maintenance Ordinance for implementation within Diamond Bar.
The City Attorney has reviewed the draft Ordinance,
recommending that it be divided into two pieces, Regulations and
Standards, and the Abatement Process, and a Los Angeles County
Deputy District Attorney, Bill Woods, has also reviewed the
documents during the drafting process. It is recommended that
the Planning Commission open the meeting and receive public
comment, and that the Planning Commissioner provide direction
or comment to staff and the working committee.
Bob Zirbes, the President of the DBIA, explained that the right to
enforce the CC&R's was granted to DBIA in 1990 by assignment
from the TransAmerica Corporation. One of the major functions
of the DBIA has been the abatement of property violations. Ninety
five percent of the homeowners in violation will almost
immediately comply with the DBIA's requests. However, one of
the problems are that the CC&R's are not uniformed City wide,
and, because of the age of a majority of tracts in Diamond Bar,
many are set to expire the beginning of next year. Furthermore,
according to District Attorney Bill Woods, the current Ordinance
followed by the City, Chapter 99, is not fully enforceable, thus
creating the desire to draft our own standards. Many areas in the
City are beginning to degenerate, detracting from the overall
appearance and property values of the neighborhood. The
Property Maintenance standards were drafted by people who have
exposure to these types of issues. These standards will not
September 13, 1993 Page 3
replace nor conflict with current CC&R's. However, these
standards will govern those tracts where the CC&R's are set to
expire.
C/Flamenbaum stated that he does not have any difficulty with the
intent of the Property Maintenance Standards, but he is concerned
that the standards are written broad brushed, leaving many holes
in it's definition, particularly items #2, #4, #5, #6, #8, and #10.
The standards need to be more succinct, or specific in terminology
as to what they apply to. He stated the following examples: it is
not specifically stated if the standards apply to homes, commercial
structures, or both; how is "abandon or vacate" defined in item
#2; items #4 and #5 do not address vacant land; how is "operable
condition" defined in item #6; front yards, back yards, and rear
yards are not defined in terms of how the lines are drawn;
"unprotected" is not defined in item #8 (B); and item #10 appears
to apply to commercial areas, which is does not seem contiguous
with the rest of standards which seem to apply to homes.
C/Grothe, referring to items #4, #5, and #6, stated that if the
intent is to have owners maintain and landscape all of their hills,
then the City should also maintain it's property in the same
manner. However, those residents who don't water or landscape
their hillsides actually meet the City's Hillside Management
Ordinance which talks about maintaining the natural characteristic
of the landscape.
VC/Plunk stated that the standards are written in such a manner
that those outside the system may not understand the intent
because they are nebulously written. Referring to item #14,
VC/Plunk inquired how the size of a commercial vehicle is
determined.
Al Flores explained that the Sheriff Department is usually
consulted before making a determination on the weight of the
vehicle. The City does not go looking for violators but rather
responds to complaints, unless there is a safety hazard involved
to the public. In response to C/Grothe's concern, Al Flores stated
that weeds on vacant land are taken care of by the Weed
Abatement District and the Fire Department, not by the City.
C/Flamenbaum expressed his concern that, though the City's
intent is to be reactive rather than proactive, the draft ordinance,
as written, does not indicate that the Code Enforcement Officer
will only respond upon receipt of a valid complaint.
September 13, 1993 Page 4
CDD/DeStefano pointed out that the document will be brought
back to the Commission again for review once the document has
been refined, taking into consideration the comments made this
evening.
MPT/Papen, residing at 1124 Cleghorn, explained that this issue
has been a concern throughout the community. There are multiple
neighborhoods where properties are not maintained to the
standards of the other homeowners in the tract. Many people are
concerned about maintaining high property values, and the
aesthetic appeal of the community. There are problem homes that
are difficult to enforce through the CC&R process, which can take
up to a year to handle and is often times inefficient in dealing with
the situation. The intent is to look for a way to streamline this
process. The subcommittee would like the Planning Commission
to review the definitions and the standards, and then make a
recommendation to the City Council as to what would be
acceptable for the Development Standards of this community.
Chair/Meyer suggested that the subcommittee use the statement
made by MPT/Papen as the goal of the Property Maintenance
Ordinance. It is helpful, from an enforcement standpoint, if the
goal, the intent, and the purpose were spelled out in the
Ordinance.
MPT/Papen also pointed out that most of the drafts used in this
document came from well established cities where the average
house would be about 30+ years old. The subcommittee looked
at not only what is needed for today, but what would be effective
in the long range in a consistent application of standards. The
subcommittee focused on such issues as public safety, and stayed
away from items that could be construed as a personal preference.
Chair/Meyer made the following comments on the draft Ordinance:
there should be an intent and goal section in the document; code
enforcement tends to become a free legal service for
neighborhood disputes; perhaps a system of incentives can be
utilized in the code enforcement program to encourage people to
maintain their property in a reasonable fashion; it is not clear in
the abatement section if one is dealing with infractions or
misdemeanors; there needs to be input from the City Attorney and
the District Attorney if the standards are enforceable; the
standards need to be written in a more clear and concise manner
to avoid a judgment call as to what is considered a public
nuisance; there is no appeal process; and there should be clearly
defined units of measurement to determine a hazardous condition.
September 13, 1993 Page 5
Al Flores stated that the response received from the District
Attorney on August 6, 1993 indicated that the Ordinance as
drafted could be effectively enforced by the City. He noted that
there is a hearing process for the right of appeal.
Chair/Meyer pointed out that the receipt of notice for the hearing
process is not clearly defined regarding how the actual receipt of
notice is determined, nor how the 7 day period is measured. One
could also debate if a pool is considered to be a landscaping item
or a structure. These type of issues can be taken care of by the
attorneys. However, the goal, the intent, and the purpose should
specifically outline the City's intent for this Ordinance.
VC/Plunk suggested that the Commission compile their comments
on the draft Ordinance and submit it to staff this week.
C/Grothe reiterated his concern for items #5 and #6, and warned
that the City should expect a fight from those homeowners with
properties facing the street if a complaint is ever filed. In regards
to item #14, he stated that it should not be a violation for a
person to have a service vehicle parked in his driveway if it is used
as part of his business.
Don Gravdahl pointed out that Japanese 1/4 ton pickups receive
commercial license plates unless it has a permanent camper shell.
Also, many full size "1 /2" ton pickups with heavy duty suspension
have a gross weight of 6,400 pounds. There are many mini vans,
or 1/2 ton vans, not weighing 3 tons, but should be considered
commercial vehicles because of the logos painted on the side. He
also pointed out that if people are required to move their motor
homes, the City could lose a lot of revenue in gas,
VC/Plunk, noting that many City trees are overgrown, stated that
the City should be required to do anything that is being required
by the Ordinance.
Chair/Meyer opened the meeting for public comment.
Edie MacDowell stated that she deserves to live in a nice, well
maintained safe environment, given the amount of property tax
paid each year. Furthermore, commercial vehicles belong in
commercial areas. The City needs a Property Maintenance
Ordinance that is enforceable.
Jack Clare, residing at 24215 Gem Court, stated that many of the
homes in his neighborhood are not maintained. Some of the
September 13, 1993 Page 6
problems include: front yards that do not have grass; overgrown
weeds; trash cans left out all week; XMAS lights left on all year;
and homes that need painting.
Rick Imperial, residing at 1318 Crestmont Drive, stated that he
does not have a personal vendetta against those that do not
maintain their yards in his neighborhood, however, it is frustrating
that nothing can be done to remedy the situation. Many people
moved to Diamond Bar for it's prestige and beauty, and something
should be done to preserve that.
Richard Engdahl, residing at 24051 Willow Creek, stated that, in
the last 28 years residing in Diamond Bar, he has noted a
deterioration in the area. The Planning Commission should be
offering the subcommittee more encouragement in their efforts.
Since the District Attorney has approved the matter, then the
Commission should focus on the overall attempt, and make a
recommendation on that basis.
Kevin Chirb, a resident, concurring with the individuals that spoke
previously, stated that he will be forced to move if things continue
to go in a downward trend.
Ken Anderson, residing at 2628 Rising Star, pointed out that there
is a recession and many people may not have the means, at this
time, to change the appearance of their front and back yards.
Hearing no further comment, Chair/Meyer closed the meeting.
C/Flamenbaum encouraged those individuals in favor of the
Ordinance to attend the Planning Commission and the City Council
meeting during their review of the Ordinance because there are
many individuals opposed to it.
VC/Plunk pointed out that one of the goals of the ordinance is the
stabilization of the community and the property values.
Chair/Meyer thanked the subcommittee for their efforts in the
drafting of the Property Maintenance Ordinance. The ordinance
will be back before the Planning Commission in final form for a
recommendation to the City Council for their consideration. He
reiterated the importance of laying out the intent, which sets the
broad framework of what the City is trying to achieve. The intent
to stabilize our community and property values is good, however,
it is important to maintain tolerance of our neighbors.
September 13, 1993 Page 7
Chair/Meyer recessed the meeting at 8:38 p.m. The meeting was
reconvened at 8:53 p.m.
NEW BUSINESS: CDD\DeStefano reported that the City Council, via its
subcommittee, in conjunction with the Historical Society, has
Review of approved a design and four locations for installation of the entry
Entrance Signs signs. Pursuant to the City's sign Code, the Planning Commission
is required by the Sign Ordinance to review and comment on all
City entry signs. The sign locations have been proposed for the
medians at the following locations: southbound Diamond Bar
Blvd. south of Temple; northbound Diamond Bar Blvd. east of Brea
Canyon Road; westbound Grand Ave. west of Longview Dr.; and
eastbound Grand Ave. east of State Route 57 freeway. Pursuant
to the Sign Code, official City signs located at the City limits are
exempt signs. The Planning Commission's comments will be
forwarded to the City Council and City Manager.
VC/Plunk expressed her opinion that the City's entrance signs
should not be exempt from the Sign Ordinance. It seems that it
would have been more appropriate had the matter first been
presented to the Planning Commission for a variance before going
to the City Council.
C/Grothe suggested that the standards could have been improved
and the letters enlarged.
Chair/Meyer opened the meeting for public comment.
Don Gravdahl, a member of the Historical Society, made the
following explanations as to how the design of the sign was
determined: it is designed to hold an 8 foot wide banner or a two
4x3 foot banner to advertise City events; it is graffiti resistant;
bougainvillaea can be planted at the base, camouflaging the steel
sign post; the rustic appearance was desired for authenticity; and
there will be a one inch pipe on the bottom to hold the sign.
When the signs are properly mounted, they should have a pleasant
appearance.
C/Grothe stated that it would have appreciated has the Planning
Commission been given a presentation during the design phase of
the entrance signs. He suggested that articles be printed in the
local newspapers explaining the significance of the design of the
sign.
C/Flamenbaum stated that he likes the design of the sign but is
troubled with the height, which is in clear violation of the City's
September 13, 1993
Page 8
Sign Ordinance.
Chair/Meyer reported that Senior Engineer David Liu indicated that
the sign had been reviewed by the Engineering staff and they
determined that the sign would not impede visibility for the
motoring public. He then stated that it appears, relative to our
review of those signs in the public right-of-way, that it isn't as
important to meet the sign code requirements as it is to achieve
the intent of the law.
Don Gravdahl stated that there is an article in the the Windmill
from the Historical Society regarding the entrance signs.
CONTINUED Chair/Meyer reported that the applicant made a written request for
PUBLIC HEARING: a continuance for DR No. 93-1 and CUP 93-4. It is recommended
by staff that the hearing date be continued to October 11, 1993
Development in order to have sufficient time to review the revised plans for this
Review No. 93-1 project.
& CUP No. 93-4
Chair/Meyer declared the public hearing opened.
Hearing no testimony, Chair/Meyer declared the public hearing
closed, and to be continued.
Motion was made by C/Flamenbaum, seconded by C/Grothe and
CARRIED UNANIMOUSLY to continue
DR No. 93-1 and CUP 93-4 to October 11, 1993.
ANNOUNCEMENT CDD/DeStefano stated that as Administrative Development
S: Director, he approved the following four specific projects: the
addition of a 275 square foot cooler to the existing Diamond Jim's
Dairy; a 2,800 square foot addition to an existing 5,000 square
foot residence at 2331 Clear Creek; a minor architectural change
to a new Pizza Hut located within the Sunset Village Shopping
Center on Grand Ave. and Diamond Bar Boulevard; and an
amendment to a previous single family home project approved
November of 1992 located at 2625 Blaze Trail. CDD/DeStefano
then made the following announcements: the Economic Resource
Strategic Planning subcommittee, consisting of C/Forbing and
C/MacBride, held a second Roundtable on September 9, 1993
meeting; there will be a court hearing on September 24, 1993
dealing with the appropriateness of the City Clerk's decision to
reject the referendum petition; and the first public hearing on the
South Point Master Plan is scheduled for September 14, 1993 at
7:00 p.m..
September 13, 1993 Page 9
C/Flamenbaum reported that he and C/Li, as members of the
Planning Commission's Procedural Policy subcommittee met and
concurred that it would be beneficial to combine parts of the City
of San Bernardino's Planning Commission's manual with the
present City of Diamond Bar's manual, providing that the following
are done: the formation of a coordinating subcommittee to work
with staff to identify those items coming up on the agenda and
future agendas, future projects, and future plans; there should be
a mechanism as to how the agenda is set, allowing any
Commissioner to request an item to be placed on the next
available agenda; create the office of Sergeant at Arms to control
ruckus debate; and a policy, concerning a split vote, by which a
split vote would connote a negative action, a denial of the
request. C/Flamenbaum stated that a formalized report will be
presented to the Commission after the subcommittee has had the
final meeting.
Chair/Meyer suggested that the subcommittee reconsider allowing
each Commissioner independently to place an item on the agenda
because such an action may allow one Commissioner an
opportunity to hamstring the Planning Commission by loading up
the agenda. It may be more appropriate to require a consensus of
the Commission for requests of items on the agenda. If there is
an urgency item, then the Chairman can be given authority,
working with the Secretary, to place it on the agenda.
C/Grothe requested staff to investigate if the Mobile Home Park on
Washington Avenue is following the requirements set by the City.
VC/Plunk suggested that the Planning Commission consider
changing the meeting place to a smaller room more appropriate in
size for the crowd attending the meeting.
Chair/Meyer reported that the Planning commission's decision of
the Mobile Oil sign is being appealed to the City Council. He
inquired if it would be appropriate to have a representative of the
Planning Commission attend the City Council meeting to reiterate
the Commission's decision.
CDD/DeStefano stated that, in an appeal, to ensure that the
Council understands the issues relating to the Planning
Commission's decision, the City Council receives the Planning
Commission's staff report, minutes of all the meetings, and a
newly prepared staff report. The Planning Commission's decision,
even if it is at odds with staff's recommendation, is the
recommendation presented to the City Council. Staff will also
September 13, 1993 Page 10
report on some of the factors discussed by the Planning
Commission, if so desired by the City Council. Staff will keep the
Commission informed when the date of the appeal has been set.
Chair/Meyer suggested that the Procedural Manual also address
the issue of whether it is appropriate for an individual Planning
Commissioner to address the City Council, during the public
hearing process, as a representative of the Planning Commission.
ADJOURNMENT: With no further business to conduct, motion was made by
VC/Plunk, seconded by C/Grothe and CARRIED UNANIMOUSLY
to adjourn the meeting at 9:30 p.m.
Respectively,
James DeStefa o
Secretary
Attest:
id ever
Chair an
AM AV BTUAWb AkA
MINUTES OF THE PLANNING COMMISSION
SEPTEMBER 27, 1993
CALL TO ORDER:
Chairman Meyer called the meeting to order at 7:04
p.m. at the South Coast Air Quality Management
District auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Chairman Meyer.
ROLL CALL:
Commissioners: Grothe, Li, Flamenbaum, Vice
Planned Sign
Chairman Plunk, and Chairman Meyer.
Program
Also present were Community Development Director
No. 93-3
James DeStefano, Associate Planner Robert Searcy,
Deputy City Attorney Craig Fox, and Contract
Recording Secretary Liz Myers.
CONSENT
VC/Plunk requested that the minutes of September
CALENDAR:
13, 1993 be amended on page 2 to replace the word
"the" with the word "a Los Angeles County Deputy
Minutes of
City Attorney", and replace the word "distracting"
Sept. 13, 1993
with "detracting".
Chair/Meyer requested that the minutes be amended
on page 1 to indicate the August 23, 1993 minutes
on the Consent Calendar, and on page 8, third
paragraph, to read "...it appears, relative to our
review of those signs in the public right of way,
that it isn't as important to meet the sign code
requirements as it is to achieve the intent of the
law."
C/Flamenbaum requested that the minutes be amended
on page 7 to indicate "Review of Entrance Signs".
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED UNANIMOUSLY to approve the
minutes of September 13, 1993 as amended.
NEW BUSINESS:
AP/Searcy presented the staff report regarding the
request, made by Diamond Sign Company, for approval
Planned Sign
of a Planned Sign Program for an existing retail
Program
shopping center, Diamond Bar Town Center, and the
No. 93-3
placement of a freestanding monument sign along
Diamond Bar Blvd. The Sign Ordinance states that
when more than one wall sign or a monument sign is
requested for a commercial center, Planning
Commission review and approval is required. The
purpose and the intent of the Sign Ordinance is to
bring conformity into the signage of the center.
Staff has reviewed the specifications for the
proposed 6' X 8' monument sign and has determined
that the proposed sign is not compatible with the
stucco exterior materials of the buildings on site
nor with other stucco monument signs adjacent to
this parcel. The applicant has indicated that they
September 27, 1993 Page 2
feel the material proposed for the sign is
preferable from the standpoint of maintenance, and
that the aesthetics would not be a drop off from
the adjacent signage. Staff also has concerns
related to omissions in the Planned Sign Program,
as submitted. The Planned Sign program should
include a section describing the monument sign
specifications, i.e. lighting, installation, and
construction materials, and include criteria
outlining those tenants which will be allowed to
appear on the monument sign. The information
provided to the Commission was recently submitted
by the applicant in reply to staff's request for
further information. Staff has not had the
opportunity to thoroughly review the information
submitted to determine if all of staff's concerns
were met. Therefore, it is recommended that the
Planning Commission direct staff and the applicant
to work together to satisfy all the requirements of
the Planned Sign Program and to bring the Program
back to the Commission at the October 11, 1993
meeting, or to approve the Program with direction
to staff to work with the applicant to work out the
minor details.
C/Flamenbaum expressed his concern that the 6' X 8'
monument sign is not adequate in size to provide
sufficient sign space for the amount of tenants
proposed. He questioned if the sign will be
legible to motorists as they are driving by.
AP/Searcy stated that the Sign Ordinance limits the
sign to 6 feet and 72 square feet of sign facia.
There is a sign in another center on Golden Springs
that has a free standing sign similar to the one
being proposed, but with more tenants, resembling a
menu board type of sign.
CDD/DeStefano explained that the City does not have
any prescribed criteria that would regulate the
minimum amount of square footage necessary for each
tenant. It is up to the experience and creativity
of the Sign Company, based on the needs of the
tenants and the property owners, to determine the
appropriate sign criteria. It has never been this
City's policy to ensure that every tenant in the
center is identified by the freestanding sign.
Usually the larger tenants within that Center, that
tend to identify that center, are placed on the
sign.
AP/Searcy, in response to Chair/Meyer, explained
that staff is still awaiting a response to the
letter, dated September 17, 1993, sent to the
September 27, 1993 Page 3
Property Manager and to the Sign Company asking
them to create a monument sign specification
section dealing with the types of construction
material, lighting, the installation, and the
illumination, and to outline a criteria for those
tenants that would appear on the sign. Currently,
everyone at that center has signage, and the only
denial would be for the monument sign.
Chair/Meyer opened the meeting for public
testimony.
Kim Kasell, 3057 Yukon Ave., Costa Mesa, owner of
Diamond Sign Company, explained that the 72 square
foot sign was utilized because they believed that
was the specifications outlined in the Sign
Ordinance. The purpose of the sign is to identify
the 15 tenants occupying the back of the center so
motorists driving into the center are made aware of
their existence. She presented a sample of the
aluminum post that will be utilized for the sign.
The material used, with the powder coating, will
ensure the longevity of the sign. A cement base
can be used to match the other signs, however, it
would probably look at lot more attractive with
planting underneath. Kim Kasell then explained
that a sign criteria was not originally submitted
for the center because they had thought that the
City, upon incorporation, had taken over the sign
criteria from the County. A sign criteria will be
submitted as soon as possible. However, because
there is a 4 week lag in ordering the monument
sign, there is a desire to have the monument sign
approved as soon as possible.
Kim Kasell, in response to C/Flamenbaum, stated
that the letters on the sign would have to be about
8" high in order to be visible to motorists
traveling 45 mph, which would create a huge sign.
The lettering for the name of the center will be 8"
high. However, the intent of putting the tenants
name on the sign is to identify them after the
motorists have entered the center, not as they are
driving by.
C/Grothe expressed his dislike of menu board type
of signs. The purpose of signage is to draw
tenants into the shopping center using the anchor
stores, which in turn attracts business to the
smaller stores in the center. The sign should
match the style and the aesthetics of the rest of
the signs on the shopping center, which are backed
with box signs.
September 27, 1993 Page 4
VC/Plunk suggested that it would be better to have
less tenants on the sign, or to split the sign
front and back, enlargening the letters to 8" so
that the sign is legible to motorists while driving
at 45 mph.
Kim Kasell stated that, for aesthetic reasons, a
sign with 8" lettering would not be preferable.
The intent of the sign is to identify the stores in
the back of the center once the motorist has
entered the shopping center.
Chair/Meyer inquired if staff feels that the
application can be made to meet the sign code.
AP/Searcy stated that it would have been preferable
had the Property Management Company been present at
this meeting to participate in the deliberations.
However, it is staff's opinion that a finish
product can be presented to the Commission at the
next meeting, following a meeting with staff and
the applicant to work out the minor details. He
pointed out to the applicant that the Sign Code
allows the applicant to have a sign face of 72
square feet per side of sign.
Motion was made by Chair/Meyer and seconded by
C/Grothe to continue the matter to the next
meeting.
C/Grothe suggested that the Commission give some
direction to staff and the applicant regarding the
sign. He made the following comments: the
building material, which is not compatible with any
signs in the neighborhood, is unacceptable; there
are too many tenants on the sign; and get away from
the menu board type of sign, and place three or
four major logos to draw customers to the shopping
center instead.
C/Flamenbaum concurred with C/Grothe that the sign
is incompatible with the existing center. It
should be made to be similar in its appearance to
that which is on the rest of the property. Perhaps
a variance is needed to allow the monument sign to
be increased, utilizing 4" or 5" lettering, to make
it more useful to the tenants.
C/Li, in support of the continuance, requested a
more complete report at the next meeting enabling
the Commission to make a decision.
VC/Plunk made the following comments: the sign
should be taller so that it does not block
September 27, 1993 Page 5
visibility for motorists; there should be less
tenants on the sign or the sign should be increased
in size so that the lettering is tall enough to be
visible from the street; and the base should match
the adjacent sign, or have the block match the
wall.
Kim Kasell stated that she will go back to the
Management Company and attempt to start over if
needed. The material for the sign was chosen for
it's durability and it's pleasing aesthetic
appearance. However, we will comply with the
Commission's desire to make the sign as compatible
as possible.
The Commission voted upon the Motion as made by
Chair/Meyer and seconded by C/Grothe to continue
Planned Sign Program No. 93-3 to the October 11,
1993 meeting, with direction to staff to meet with
the applicant to work out the details. The Motion
CARRIED 4-1.
AYES: COMMISSIONERS: Flamenbaum, Grothe, Li,
and Chair/Meyer.
NOES: COMMISSIONERS: VC/Plunk.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
ANNOUNCEMENTS: CDD/DeStefano reported that the City unveiled it's
City On Line program at the September 21, 1993 City
Council meeting. The program is designed to
enhance the delivery and accessibility of public
services to the community.
CDD/DeStefano reviewed the Project Matrix, as
submitted to the Commission, making appropriate
corrections. CDD/DeStefano then made the following
comments: there is a hearing on General Plan
issues scheduled September 28, 1993; the City
Council extended the Interim Ordinance No. 5 for
another year, restricting agricultural uses; the
City Council authorized staff to prepare an RFP for
a consultant to develop and implement a strategic
plan for the economic development needs of the
City; and the Property Maintenance Ordinance
discussed by the Commission during a study session
was inadvertently noticed improperly, thus, any
individual who expressed a desire to have spoken on
that issue will be placed on the City's mailing
list for that item so that they are informed for
the upcoming public hearing.
September 27, 1993 Page 6
VC/Plunk, noting the low attendance of an audience,
stated that the auditorium is too big for the needs
of the Planning Commission.
ADJOURNMENT: Motion was made by C/Flamenbaum, seconded by C/Li
and CARRIED UNANIMOUSLY to adjourn the meeting at
8:06 p.m.
Respectively,
, l
?,/ James Destefano
James DeStefano
Secretary
Attest:
/s/ David Meyer
David Meyer
Chairman
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 7.5
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993 REPORT DATE: October 28, 1993
FROM: Kellee A. Fritzal, Administrative Assistant
TITLE: NOTICE OF COMPLETION FOR THE HERITAGE PARK COMMUNITY
CENTER
SUMMARY: The City Council, on October 6, 1992, awarded a contract to Clayton
Engineering, Inc., the lowest responsible bidder, for the construction of the
Heritage Park Community Center. The construction has now been completed
and may be accepted by the City Council.
RECOMMENDATION: It is recommended that the City Council accept the work performed by Clayton
Engineering, Inc. and authorize the City Clerk to file the proper Notice of
Completion.
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? N/A _ Yes _ No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments:
Community Services
Building & Safety
REVIEWED BY:
TerienZe L.ger Kellee A. Fritzal
City Manager Administrative Assistant
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: October 28, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: NOTICE OF COMPLETION FOR THE HERITAGE PARR COMMUNITY CENTER
ISSUE STATEMENT:
The Heritage Park Community Center has been completed and the building is now
being utilized. A Notice of Completion for the building needs to be filed
for recordation.
RECOMMENDATION:
It is recommended that the City Council accept the work performed by Clayton
Engineering, Inc. and authorize the City Clerk to file the proper Notice of
Completion.
FINANCIAL SUMMARY:
There is no financial impact in the filing of a Notice of Completion.
BACKGROUND/DISCUSSION:
The City Council at their meeting of October 6, 1992 awarded a contract to
Clayton Engineering, Inc. for construction of the Heritage Park Community
Center. The Community Center was completed with the Grand Opening on
September 11, 1993. Clayton Engineering has completed the "punch list" and
the building is now being occupied.
The Building & Safety Manager has issued a Certificate of Occupancy for the
building.
PREPARED BY:
Kellee A. Fritzal
I
O
e�
NOTICE OF COMPLETION
w
o Nonce putsolat o C vii Code Section 3093. must be fled within 10 days after completion (See reverse side for Complete requirements.)
U
Notice �s her=oy gven that
H
z 1. The uncersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
w
2 2 The full name of the owner is City of Diamond Bar
w 3 The full address of the owner Is 21660 E. Copley, Suite 100 Diamond Bar CA 91765-4177
0
U 4. Tie nature of the interest or estate of the owner is; In fee.
0
H
H (If other tian fee. strke In fee" and insert, for example. "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
x None
w
W 6 A work or improvement on the property hereinafter described was completed on October 19, 1993The work done was:
W
w construction of a community center
p 7. The name of the contractor, it any, for such work of improvement wasClayton Engineering, Inc.
H
E October 6, 1992
Qill no contractor for work of improvement as a whole, insert "none".) (Date of CantracQ
�8. The property on which said work of improvement was completed is in the city of Diamond Bar
U -
W County of Los Angeles
Cold Springs State of California, and is described as follows: Brea Canyon Road and
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9. The street address of said property is 2900 Brea Canyon Road
E -i (II no street address has been officially assigned, insert "none".)
P4
Dated: October 21, 1993
W Verification for Individual Owner
k
.44m4tc� C/ X�Z�
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Signature of owner or corporate officer of owril
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Manager the declarant of the foregoing
("President of", "Manager of", "A partner of', "Owner of", etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 21 ,993 , at Diamond Bar California.
(Dale of signature.) (City where Signe `
All"sonal signature of the individual who is swearing t cont is of
i", ^^tic.. 4 rnmo[e!ien a,, true r
KE;'Ik[IVG W[-A;3—D ?Y
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Cc_t� of Diamond Bar
215E0 E. Copley, #100
31_amond Bar, CA 91765-41-Y7
ct a
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AI -Lr : City Clerk J
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
I
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NOTICE OF COMPLETION
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o Nonce putsolat o C vii Code Section 3093. must be fled within 10 days after completion (See reverse side for Complete requirements.)
U
Notice �s her=oy gven that
H
z 1. The uncersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
w
2 2 The full name of the owner is City of Diamond Bar
w 3 The full address of the owner Is 21660 E. Copley, Suite 100 Diamond Bar CA 91765-4177
0
U 4. Tie nature of the interest or estate of the owner is; In fee.
0
H
H (If other tian fee. strke In fee" and insert, for example. "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
x None
w
W 6 A work or improvement on the property hereinafter described was completed on October 19, 1993The work done was:
W
w construction of a community center
p 7. The name of the contractor, it any, for such work of improvement wasClayton Engineering, Inc.
H
E October 6, 1992
Qill no contractor for work of improvement as a whole, insert "none".) (Date of CantracQ
�8. The property on which said work of improvement was completed is in the city of Diamond Bar
U -
W County of Los Angeles
Cold Springs State of California, and is described as follows: Brea Canyon Road and
cx
0
a
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9. The street address of said property is 2900 Brea Canyon Road
E -i (II no street address has been officially assigned, insert "none".)
P4
Dated: October 21, 1993
W Verification for Individual Owner
k
.44m4tc� C/ X�Z�
W
Signature of owner or corporate officer of owril
named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Manager the declarant of the foregoing
("President of", "Manager of", "A partner of', "Owner of", etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 21 ,993 , at Diamond Bar California.
(Dale of signature.) (City where Signe `
All"sonal signature of the individual who is swearing t cont is of
i", ^^tic.. 4 rnmo[e!ien a,, true r
//��CARL V6:gR& CO.
[nsuracra T, sters �;juers
Claims ti!an ivgement and Administration
75C The (ith Drive
Suite 4( )
Oning, (a 2668
�Idil. P tl B -5180
6anta Ana,( \'x2799-5180
,714) i40-' o-,
800) n:_-hyf ,
FAX: 714-74,' ?992
TO: City of Diamond Bar
ATTENTION: Lynda Burgess, CMC/AAE
City Clerk
RE: Claim Marquez vs. Diamond Bar
Claimant Priscilla Marquez
D/Event 6-27-93
Recd Y/Office 9-27-93
Our File S 75463 BSQ
October 4, 1993
We have reviewed the above captioned claim and request that you take the
action indicated below:
EX] SLhIY REJECTION: Bend a standard rejection letter to the Claimant.
[ ] In accordance with the telephone conversation of
* 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 SUawIT A—"Rx-1ECrION-JJCC33M,
Government Code Sections 910 and/or 910.2 and/or 910.4. see
[ ] Send a standard rejection letter to the
claimant, rejecting this additional/amended claim.
[ ] LATE
aCLAIM Fcpn»SE: Return the original .claim material to the
claim nt, advising that the claim is late and that their only recourse is
to file a written"Application for Leave to Present a Late Claim". (Return
copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 45 DAYS
OF RECEIPT OF THE CLAIM IN YOUR OFFICE. Do NOT cFu_ n A "gFcrrTnu" LE'r"rRu
See Government Code Section 911.4
[ ] APP ,T AZ " R1LTEC'rION• Reject claimant's "Application for Leave to
Present a Lat46 See Government Code Section 911.8.
[ ] TBI NO ACTTnu. Defer any written response to the claisant pending
our further advise.
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,
WARREN 4 COMPANY
D L �W
J. rKa zKh n
C111CARL WARREN & CQ
ins�irance AdTust:ers
Qa:ms Mana,;ernent and Administration
-50 Tht• Cit, Drive
Suite 400
Ora nve, CA U_16M
Vta'L P.O. Bn, 21;180
Sania.Ana,C_� 9"99-5180
1-14 ) 740-794v
(140Ci 572-690(
FAX: 714-740- -9,
TO: City Of Diamond Bar
ATTENTION: Lynda Burgess, CKC/AAE
City Clerk
RE: Claim Marquez
Claimant Jessica
D/Event : 6-27-93
Recd Y/Office 9-27-93
Our File S 75463
r_`'�
..5 !
vs. Diamond gar
Karques
BSQ
October 4, 1993
We have reviewed the above captioned claim and request that you take the
action indicated below:
[z1 CLULAW22210KI Bead a standard rejection latter to the alma t.
[ ] CLaiK Tx FiriCTffid�"Y In accordance with the telePam
* a notice of insufficiency must be sailed to the a oomversation of
*, 19*. THIS MUST HZ lfiILzp 70T� laisaAt no later than
THi ORIGINAL CLAM[ in Tom QtFICi. ���Q an S1 �� 30 Gt 1tZC=ZPT OF
Govermrant Code Sections 910 See
and/or 910.2 ar�d/or 920.4.
Send a standard rejection letter to the
claimant, rejecting thiLk
s additional/amended claim.
[ ] LaTI� CLATx RggpOss. Return the ori
claimant, advisingginal claim material to the
to file a written Applieaattion for LLeave }to Present a Late and that -their only
aimk�� is
copies in your file.) THIS MUST Dg MAILED TO THE CLAZM (Return
OF RECEIPT OF TIDE CLA,* IN YOUR ? 11ZTON* 45 DAYS
OFFICs. DO NOT SD A "AF.7�1'Tcitrw I,g"TE A
Sea Governme'5e section 911.4
[ ] 4tI. Reject claimant's "Application for Leave to
Present a L �. See Government Code section 911.
S.
[ ] Defer any written response to the alaimant
our further adw ate. pending
Please provide us with a copy of the notice sent, as r
YOU have any questions please contact the undersigned.ted above. If
very truly yours,
WARREN i1%COMPANY
Dwight 7.
— - J /, ,J ,
Z////� c :A1tL WARREN & Co.
�J Insurance.4djusters
Claims Management and Administration
750 The City Drive
Suite ,400
Orange, CA 92W
Mail. P O. Box 251S0
Santa Ana, CA 92799-5180
(714)740-7999
(800)572-6900
FAX: 714-740-7491
TO: City of Diamond Bar
ATTENTION: Lynda Burgess, CMC/AAE
City Clerk
�-5 t;tt
r ;; r` • -92
RE: Claim Lopez vs. Diamond Bar
Claimant Michael Lopez
D/Event 6-27-93
Recd Y/Office 9-27-93
Our File S 75463 BSQ
October 4, 1993
We have reviewed the above captioned claim and request that you take the
action indicated below:
[z] sCTior: Sem& a standard rejection letter to the el K t.
* J CLAIM TNSUFFTCTENCY•
In accordance with the telephon& conversation of
a notice of insufficiency must be mailed to the claimant no later than
*, 19*. THIS MUST BE MAILBD TO THE CLAIMANT WITHIN 20 DAYS OF RECEIPT OF
THE ORIGINAL CLAIM IN YOUR 0"ICE. DO NOT SUBMIT A " 1+'JECT ON Tse
Government Code Sections 910 a See
and/or 910.2 and/or 910.4.
[ ] EMENDED/StiPPT• **�iT- CTA Send a standard rejection letter to the
claimant, rejecting this additional/amended claim.
[ 7 LATE CLAIN RESP Nsict Return the original claim material to the
claimant, advising that the claim is late and that,their only recourse e
to file a written "Application for Leave to Present a Late Claim't. (Return
copies in your file.) THIS MUST BE MAILED TO THE CLAIMANT WITHIN 4S DAYS
OF RECEIPT OF THS CLAIM IN YOUR OFFICE. DO NOT SEND A a
See Government Code section 911.4 R14=1eN" r.,aR
[ TION! Reject claimant's "Application for Leave to
Present a La trj in. see Government Code Section 911.8.
[ l TAKE No ]V tear• Defer any written response to the claimant
our further advise. onpending
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,
L WARREN 6 COMPANY
J. 4,v-,-,,,,-
MIZ CARL WARREN & CO.
AACJ yy Insurance Adjusters
Claims Management and Administration
750 The City Drive
Suite 400
Oraq,�e, CA 2668
Mail: P.O. Bur 25180
Santa Ana, CA ,2799-5180
(714) 740-7999
(800) 572-6900
FAX: 714-740-79,2
TO: City of Diamond Bar
ATTENTION: Lynda Burgess, CMC/AAF,
City Clerk
RE: Claim Lopez vs. Diamond Bar
Claimant Gilbert Lopez
D/Event 6-27-93
Rec'd-Y/Office 9-27-93
Our File S 75463 BSQ
�-5
October 4, 1993
We have reviewed the above captioned claim and request that you take the
action indicated below:
[Zl S`r.LaZ�BB.Tacsio�t: Bend a standard rejection letter to the el t.
� ] SL8I1K INSUFFTCrFxev •
In accordance with the telephone conversation of
* a notice of insufficiency must be mailed to the claimant no later than
*, 19*. THIS MUST BE MAILED TO TN8 CLAIMANT WITHIN 20 EBF R$CEIPT OF
THE ORIGINAL CLAIN IN YOUR OFFICE. NOT SUBMIT A N Lt�'reeKYi AYS
Government Code Sections 910 and/or 910.2 and/or 910.4. See
• Send a standard rejection letter to the
claimant, rejecting this additional/amended claim.
LATE—CT FQNSZJ!Return the ori
claimant, advising that the claim is late and that clam material to the
to file a written " it only.reaourse is
Application for Leave to Present a Late Claim%. (Return
copies in your file.) THIS MIDST BB MAILED TO THE CLAIMANT NITHIN 45 DAYS
OF RECEIPT OF THE CLAIN IN YOUR OFFICE. pp NOT SEND A NRxTtr�M T> TTIgR
See Government Code Section 911.4
] .ECTION: Reject claimant's "Application for Leave to
Present im, See Government Code Section 911.5.
I ] T NO AC'1'T[fm• Defer any written response to the claimant pending
our further advise.
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,
WL WARREN & COMp"y
z
qht �Q .
1 LAW OFFICES OF PETER A. ALIX, SR. Y
11760 Central Avenue, Suite 125 ,
? Chino, California 91710
(909) 627-1881
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5IIAttorneys for Claimants
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GOVERNMENT TORT CLAIM,
JESSICA MARQUEZ, PRISCILLA MARQUEZ, )
GILBERT LOPEZ and MICHAEL LOPEZ, )
a minor, by his Guardian Ad Litem, }
JESSICA MARQUEZ )
Claimants, )
-vs- )
CITY OF DIAMOND BAR, )
Public Entity, j
}
GOVERNMENT TORT CLAIM
G.C. §910
Claimants make their claim against the City of Diamond Bar, and
in support of their claim state:
1• Claimants' names and post office addresses are:
Jessica Marquez, Gilbert Lopez and Michael Lopez
691 Fillmore Place
Pomona, CA 91768
Priscilla Marquez
23612 Jubilee Lane
Diamond Bar, Ca 91765
2. All correspondence and communications concerning this
:laim should be sent to the Law Offices of Peter A. Alix, Sr., 11760
'entral Avenue, Suite 125, Chino, CA 91710, (909) 627-1881.
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3• On June 27, 1993, at or about 8:34 p.m., plaintiffs were
southbound on Golden Springs Drive when the driver of plaintiff's
vehicle, came upon defendant's vehicle which was illegally parked
on Golden Springs Drive. Due to traffic, plaintiff LOPEZ could not
change lanes and tried to brake to avoid a collision with defendant's
vehicle, skidding on a growth of algae that is the result of water
seeping through the asphalt of Golden Springs Drive. This caused
plaintiffs' vehicle to skid and collide with dpfendant's'vehicle. _
4. So far as it is known at the time of presentation of this
claim, claimants JESSICA MARQUEZ sustained injury to her neck, back,
knees and head; PRISCILLA MARQUEZ sustained injury to her back and
lacerations and abrasions to her face and legs; GILBERT LOPEZ
sustained injury to his back and both upper legs. Their medical
expenses known at this time are in excess of $2,000.00 but they are
still treating and incurring further medical expenses. Claimant
MICHAEL LOPEZ has incurred medical expenses in excess of $300.00 at
this time, and may incur further medical expenses. The property
damage is unknown at this time.
5. The amount of damages claimed will place this matter
within the jurisdiction of the Superior Court.
DATED: 9�` ��j LAW OFFICES OF PETER A. ALIX, SR.
By:
PETER A. ALIX, SR.
Attorney for Plaintif s
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PROOF OF SERVICE BY MAIL
C.C.P. Section 1013a
STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO
I am employed in the County of San Bernardino, State of
California, I am over the age of 18 years, and not a party to the
within action; my business address is 11760 Central Avenue, Suite
125, Chino, California 91710.
I am readily familiar with my employer's business practice of
collection and processing of correspondence by mailing with the
United States Postal Service.
CLAIM
On September, 1993, I served the within GOVERNMENT TORT
on all interested parties in this action by placing a true
copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid in the United States mail at Chino, California, addressed as
follows:
CITY OF DIAMOND BAR
21660 Copley Drive
Diamond Bar, CA 91765
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and orrect and that this
declaration was executed on September
California. f 1993, at Chino,
4MR AJEN-IRIQUE
1
CITY OF DIAMOND BAR
AGENDA REPORT
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993
FROM: George A. Wentz, Interim City Engineer
AGENDA NO. 7.7
REPORT DATE: October 25, 1993
TITLE: Approval of Lot Line Adjustment Between Lot No.s 54 and 57 of Tract Map No. 28258 located at
20215 Damietta Drive and 1124 Calbourne Drive.
SUMMARY: This Lot Line Adjustment is between Lots 54 and 57 of Tract Map No. 28258 at 20215
Damietta Drive and 1124 Calbourne Drive. 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 _ Public Hearing Notification
X Resolution Bid Specification (on file in City Clerk's Office)
Ordinances(s) -2L Other: Certificate of Compliance
_ Agreement:
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
X Yes
by the City Attorney?
_ No
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
4.
Has the report been reviewed by a Commission?
N/A
Which Commission?
— Yes X No
5.
Are other departments affected by the report?
Report discussed with the followingaffected d
departments:
X Yes — N°
Planning Department
REVIEWED BY:
Terrence L. Be ger
City Manager
CITY COUNCIL REPORT
MEETING DATE: November 2, 1993 AGENDA No.
TO: Honorable Mayor and Members of the City Council
FROM: George A. Wentz, Interim City Engineer
SUBJECT: Lot Line Adjustment Between Lot No.s 54 and 57 of
Tract Map 28258.
ISSUE STATEMENT
Approve the Lot Line Adjustment Between Lot NO -S 54 and 57 of Tract
Map 28258 located at 20215 Damietta Drive and 1124 Calbourne Drive
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 1993-94 budget.
BACKGROUND/DISCUSSION
This Lot Line Adjustment was submitted in order to adjust the
Position of the lot line running north west/south east between Lot
No. 54 (owned by Isabel Polk) and Lot No. 57 (owned by Charles
Barcelata) of Tract Map No. 28258.
Since 1972, the owners of Lot 57 have occupied a 24' length x 5.5'
strip of land on the north east side of their property at 1124
Calbourne Drive. As a result of litigation between the two
property owners a property line survey was done and it became
apparent that this strip of land was actually a legal part of Lot
54. Therefore, pursuant to settlement and a court order the owner
of Lot 54 was ordered to transfer this land to her neighbor (for
which she was adequately compensated) 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.Garvev
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
Lot Line Adjustment between Lots 54 and 57 of Tract 28258
I/wE, the undersigned owner(s) of record of the following described
real properties within the City of Diamond Bar, County of Loa
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 at seq., Government Code of the State of
california), and the City of Diamond Aar subdivision ordinance.
(See attached Exhibit "1")
ALL SIGNATURES MUST BE NOTARIZED
HY 7 7d4 t��
BY:
Charles C. Barcelata
NAME (Typed or Pr nted) NAME (Typed or. Printed)
DATE: 0 7- 3 i r3 DATE:
BY, IT, BY:
Isabel Polk
NAME (Typed or Printed) NAME (Typed or Printed)
DATE: DATE:
DSTBRMINATION Of COMPLIANCR
WE hereby certify that the above-described parcel(s) 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.
CITY of DIAMOND BAR CITY OF DIAMOND BAR
BY: BY:
CITY ENGINEER PLANNING DIRECTOR
DATE; DATE:
ATTACH NOTARY PUBLIC $10MATORES
EXHIBIT 11111
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING LOT LINE ADJUSTMENT NO. LLA -93-004 TO
ADJUST THE LOT LINES BETWEEN LOT NO.S 54 & 57 OF TRACT
28258 AT 20215 DAMIETTA DRIVE AND 1124 CALBOURNE DRIVE,
IN DIAMOND BAR.
A. RECITALS.
(i) California Government Code Section 66412 provides
that a lot line adjustment between two or more existing adjacent
parcels need not be processed in accordance with the requirements
of the California Subdivision Map Act.
(ii) This City Council now desires to approve Lot Line
Adjustment No. LLA -93-.004.
(iii) Said Lot Line Adjustment No. LLA -93-004 is exempt
from the provisions of the California Environmental Quality Act and
the regulations promulgated thereunder in accordance with the
provisions of Provision 6 of Title 14 of the California Administra-
tive Code, Section 15305(a).
(iii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond
Bar does hereby find, determine and resolve as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Resolution.
2. Lot Line Adjustment No. LLA -93-004 is hereby
approved.
3. Said Lot Line Adjustment No. LLA -93-004 is as set
forth in the Application for Lot Line Adjustment LLA -93-004
including Exhibits "A" and "B" attached hereto.
4. The City Clerk shall:
(a) Certify as to the adoption of this Resolution
and
(b) Cause the Certificate of Compliance with
attached Resolution approving Lot Line Adjustment No. LLA -93-004 to
be recorded as required by the Los Angeles County Assessor's
Office.
ADOPTED AND APPROVED this 2nd day of November, 1993.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing Resolution was introduced at
a regular meeting of the City Council of the City of Diamond Bar
held on the 2nd day of November, 1993, and was finally passed on
the 2nd day of November, 1993, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
City Clerk, City of Diamond Bar
This is to certify that the attached Lot Line Adjustment No. 93-
004, is hereby approved by order of the City Council of the City of
Diamond Bar, California on November 2nd, 1993 and the City Clerk
was directed to forward the document to the Los Angeles County
Recorder for recordation.
Dated:
Lynda Burgess, City Clerk
City of Diamond Bar
SCALE: I" = 40 • � / \ I i 1 l).L ' 11 SHEET 1 OF 1 SHEET
PROPOSED LOT LINE ADJUSTMENT
IN THE CITY OF DIAMOND BAR
FOR LOTS 54 AND 57 OF TR.N❑.28258 M,B.774-22-25
RECORDS OF LOS ANGELES COUNTY
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CIVILTEC ENGINEERING, INC. AREA
855 WEST FOOTHILL BLVD, BEFORE AFT R
MONROVIA, CA 91016 LOT 54 = 8596 S.F. PARCEL 1 = B486 S.F.
LOT 57 = 8018 S.F- PARCEL 2 = 8128 S.F.
TOTAL 16614 S.F. 16614 S.F.
APN 8762-30-10
APN 8762-30-13
OWNERS
CHARLES E. & LUZ S. BARCELATA
1124 CALBOURNE DRIVE
WALNUT, CA 91789
ISABELL POLK ET AL
20215 DAMIETTA DRIVE
WALNUT, CA 91789
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—._ PROSED LOT LINE0
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CIVILTEC ENGINEERING, INC. AREA
855 WEST FOOTHILL BLVD, BEFORE AFT R
MONROVIA, CA 91016 LOT 54 = 8596 S.F. PARCEL 1 = B486 S.F.
LOT 57 = 8018 S.F- PARCEL 2 = 8128 S.F.
TOTAL 16614 S.F. 16614 S.F.
APN 8762-30-10
APN 8762-30-13
OWNERS
CHARLES E. & LUZ S. BARCELATA
1124 CALBOURNE DRIVE
WALNUT, CA 91789
ISABELL POLK ET AL
20215 DAMIETTA DRIVE
WALNUT, CA 91789
CITY OF DIAMOND DAR
AGENDA REPORT AGENDA NO. }] ,
TU: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993
FROM: Troy L. Butzlaff, Assistant to the City
REPORT DATE: October 29, 1993
Manager
TITLE: Cable Television Consumer Protection and Competition Act of 1992
SUMMARY: On October 5, 1992, Congress overrode a Presidential veto and enacted the Cable Television
Consumer Protection and Competition Act of 1992. The 1992 Cable Act, which was the result of years of
consumers complaints and alleged abuses by the cable television industry, represents a significant victory for
local government by empowering them to regulate cable services and protect consumers from unfair rate
increases and other customer service abuses by cable television operators.
RECOMMENDATION: It is recommended that the City Council adopt Resolution 93 -XX accepting the rate
regulation and consumer protection and customer service responsibilities authorized by the Federal
Communications Commission (FCC) and the Cable Television Consumer Protection and Competition Act of
1992 and establishing certain procedures and regulations applicable to rate regulation proceedings. It is further
recommended that the City Council authorize the City Manager to: (1) file written certification with the FCC
stating that the City will adopt and administer regulations that are consistent with the regulations prescribed
by the FCC; (2) notify the City's cable television operator, Jones Intercable, of the City's intent to seek
certification with the FCC and to enforce the consumer protection and customer service standards established
by the FCC; and, (3) execute any and all documents necessary to effectuate the certification process.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution _ Bid Specifications
_ Ordinance _ Other:
EX'T'ERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney? X Yes _ . No
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? N/A
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
REVIEWED BY:
Terrence L. Belane
City Manager
Troy L. Rolaff
Assistant4f2Ae City Manager
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Cable Television Consumer Protection and Competition Act of
1992
ISSUE STATEMENT:
The Cable Television Consumer Protection and Competition Act of 1992 and
subsequent Federal Communications Commission (FCC) regulations establishes a
comprehensive framework by which cities can seek certification from the FCC
to regulate rates for "basic" cable service and set customer services
standards for cable system operators.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution 93 -XX accepting the
rate regulation and consumer protection and customer service responsibilities
authorized by the Federal Communications Commission (FCC) and the Cable
Television Consumer Protection and Competition Act of 1992 and establishing
certain procedures and regulations applicable to rate regulation proceedings.
It is further recommended that the City Council authorize the City Manager
to: (1) file written certification with the FCC stating that the City will
adopt and administer regulations that are consistent with the regulations
prescribed by the FCC; (2) notify the City's cable television operator,
Jones Intercable, of the City's intent to seek certification with the FCC and
to enforce the consumer protection and customer service standards established
by the FCC; and, (3) execute any and all documents necessary to effectuate
the certification process.
FINANCIAL SUMMARY:
Administration of the City's cable television franchise agreement and
resolution of customer complaints is currently handled by the City Manager's
Office. Adoption of the proposed Resolution should have no financial impact
and will not require additional staffing to administer.
BACKGROUND:
On October 5, 1992, Congress overrode a Presidential veto and enacted the
Cable Television Consumer Protection and Competition Act of 1992. The 1992
Cable Act, which was the result of years of consumers complaints and alleged
abuses by the cable television industry, represents a significant victory for
local government by empowering them to regulate cable services and protect
consumers from unfair rate increases and other customer service abuses by
cable television operators.
Ift drafting the 1992 Act, 06ngreaa envisivried that, the gt.c anu local
governments would share responsibility for implementing certain provisions of
the Act, including rate regulation. In addition, Congress wanted the
rulemaking process for this new law to be completed in a relatively short
period of time in order to show the public results.
To accomplish the colossal task of establish regulations to govern the Act
and to ensure that the regulations were workable at the local level, Congress
directed the FCC to immediately commence the rulemaking proceedings and to
solicit the views and interests of local government.
DISCUSSION:
On May 3, 1993, the Federal Communications Commission released the long
awaited Report and Order; a document consisting of some five hundred pages of
regulations governing the establishment, implementation, and enforcement of
the 1992 Cable Act. Some of the more significant highlights of this document
include:
(1) A temporary freeze of regulated cable rates until November 15,
1993. During the freeze, the average monthly subscriber bill for
regulated services and equipment may not increase above the average
monthly subscriber bill for such services and equipment as
calculated under rates in effect on April 5, 1993; and
(2) A national per channel benchmark rate for cable systems based on
the number of subscribers, cable channels, and satellite -
distributed programming on a cable system; and
(3) A process by which franchise authorities may establish and enforce
customer service standards that exceed, or differ from, the
standards established by the FCC; and
(4) A process by which franchising authorities may become certified
with the FCC in order to regulate basic tier rates, associated
equipment, and installations for cable television service.
Of all the provisions contained within the 1992 Act, certainly regulation of
cable rates, which was perhaps the single most compelling argument for its
enactment, has received the most extensive coverage by the national media and
has been of crucial importance particularly among cable subscribers.
However, recent news accounts of wide scale increases in cable rates and
other changes in cable services has caused many cable subscribers and members
of Congress to question the purpose of the 1992 Act and its effectiveness in
rolling back cable rates.
Although Jones Intercable, the City's cable television operator, has not
increased their basic tier rate, there are several reasons why the City
should seek certification to regulate their rates. After November 15, 1993,
the FCC freeze order will be lifted and cable companies will once again be
permitted to adjust their rates over the benchmark levels. Although the City
does not lose the opportunity to regulate rates at a later date if it so
desires, certification before November 15, 1993, will reserve and protect the
City's right to regulate the rates charged for basic cable service.
Furthermore, by certifying now the City will be able to provide residents
with a local means of resolving most rate related disputes rather than having
to file a complaint with the FCC.
Under the FCC's rate regulation scheme, the City may only regulate the rates
charged for basic cable services. The basic service tier is the cable
company's primary level of SAYvica -,„a ir-ivae., 1-1
stations (e.g., KCBS, KNBC, KABC, KTLA, KCAL, etc.), public, educational, and
governmental, so called "PEG" programming as required by the franchise
agreement, all local commercial and noncommercial educational television and
certain qualified low power station signals (e.g., KOCE, KDOC, etc.).
As was previously mentioned, in order to regulate the basic tier rates the
City must be certified by the FCC. The certification procedure is fairly
simple and requires that the City prepare and submit a one page application
(FCC Form 328). Furthermore, the City Council must adopt a resolution
stating its support for the rate regulation and consumer protection and
customer service responsibilities authorized by the Federal Communications
Commission (FCC) and the Cable Television Consumer Protection and Competition
Act of 1992 and that it has the ability to:
(1) Adopt and administer rate regulations which are consistent with the
applicable FCC regulations; and
(2) Demonstrate the legal authority to adopt and the ability to
administer such regulations; and
(3) Provide a reasonable opportunity for consideration of the views of
all interested parties.
The attached Resolution, which was prepared in part by the National
Association of Telecommunications Officers and Advisors (NATOA) and fully
complies with the FCC's requirements, establishes the necessary procedures
and regulations applicable to rate regulation proceedings. Furthermore, this
Resolution provides residents with a framework by which rate disputes can be
resolved locally instead of filing them with the FCC.
If the City Council chooses not to seek certification at this time, the cable
operator could, after November 15, raise their basic tier rates, modify
services, and consolidate all services into one basic tier. By consolidating
all services into one tier of service, called the basic tier, the cable
company could effectively bypass all rate regulation by the City and the FCC.
This would leave the City with very few options and could negatively impact
our residents.
It is staff's recommendation, and the position of the League of California
Cities, the United States Conference of Mayors, the National Association of
Telecommunications Officers and Advisors (NATOA), and the County of Los
Angeles Internal Services Division, to file for certification with the FCC
and reserve our right to regulate cable rates.
PREPARED BY:
Troy L. Butzlaff
Assistant to the City Manager
RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ACCEPTING THE RATE REGULATION AND CONSUMER PROTECTION
AND CUSTOMER SERVICE RESPONSIBILITIES AUTHORIZED BY THE
FEDERAL COMMUNICATIONS COMMISSION (FCC) AND THE CABLE
TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF
1992 AND ESTABLISHING CERTAIN PROCEDURES AND REGULATIONS
APPLICABLE TO RATE REGULATION PROCEEDINGS TAKEN HEREUNDER
A. RECITALS
(i) The Cable Television Consumer Protection and
Competition Act of 1992 (the 111992 Cable Act") provides, in
relevant part, that franchising authorities can regulate the
rates for Basic Cable Service, as defined in the 1992 Cable Act,
in accordance with Basic Service Rate regulations prescribed by
the Federal Communications Commission (the "Commission") upon
certification by the Commission;
(ii) The Commission has adopted final rules and regulations
implementing Section 623 of the 1992 Cable Act in the Report and
Order and Further Notice of Proposed Rulemaking, MM Docket 92-
2266, released May 3, 1993, with an amended effective date of
October 1, 1993;
(iii) A franchising authority seeking jurisdiction to
regulate Basic Service Rates, as defined in the 1992 Cable Act,
must obtain authorization from the Commission to so regulate;
(iv) To receive such approval, the franchising authority
must file a written certification with the Commission certifying
that:
1. The franchising authority will adopt and administer
regulations with respect to the rates subject to
regulation under Section 623 of the 1992 Cable Act that
are consistent with the regulations prescribed by the
Commission thereunder; and
2. The franchising authority has the legal authority to
adopt, and the personnel to administer, such
regulations; and
3. Procedural laws and regulations applicable to rate
regulation proceedings have been adopted, or will be
adopted, by such franchising authorities which provide
a reasonable opportunity for consideration of the views
of interested parties; and
(v) Jones Intercable of Walnut Valley operates a cable
television franchise under the terms and conditions set forth by
the County Master Cable Television Ordinance (Division 4 of Title
16 of the Los Angeles County Code) and Ordinance 12,137 as
amended and heretofore adopted by the City;
(vi) The City Council, as the franchise authority, desires
to regulate the basic service tier rates, associated equipment,
and installations of the cable system operated by Jones
Intercable and hereby authorizes the City Manager to file on its
behalf all necessary forms, documents, and applications with the
Commission which are necessary and proper to effectuate the
certification process;
(vii) The City Council further finds and determines that
the adoption of this Resolution, establishing certain procedures
and regulations with respect to the regulation of rates for basic
tier service, is consistent with the regulations prescribed by
the Commission and is in the publics best interest in that it
protects consumers from unfair rate practices and provides a
reasonable opportunity to consider the views of interested
parties; and
(viii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Under the laws of the United States, the
Constitution and Statutes of the State of California, and the
ordinances, agreements, and procedures of the City of Diamond
Bar, the City of Diamond Bar possesses the legal authority to
adopt the regulations contained herein.
SECTION 2. The City of Diamond Bar possesses sufficient
personnel to administer the regulations adopted herein.
SECTION 3. The City of Diamond Bar has no actual
knowledge that the cable system, or cable systems, operating in
its jurisdiction are subject to "Effective Competition," as
defined in Commission MM Docket No. 92-266, and thus, based upon
the presumption established in Section 76.906 of the Code of
Federal Regulations, (the"CFR"), the cable operator, or cable
operators, operating within its jurisdiction are not subject to
Effective Competition.
SECTION 4. The City Manager, or his or her designee, is
hereby authorized, empowered, and instructed to file necessary
and proper forms, certifications, documents, and otherwise as
2
prescribed in CFR §76.910 with the Commission by (1) registered
mail, return receipt requested; or (2) hand delivery to the
Commission and a date stamp copy obtained. A copy of the
certification form described herein shall be served on the cable
operator, or cable operators, on or before the date said
certification form is filed with the Commission.
SECTION 5. Upon certification by the Commission, the
City of Diamond Bar shall give, by registered mail, return
receipt requested or hand delivery, written notification to the
cable operator that the City of Diamond Bar has been so certified
to regulate Basic Service Rates and the cable operator shall
thereby be directed, pursuant to CFR §76.930.
SECTION 6. Upon receipt of the schedule of rates for the
Basic Service Tier and associated equipment as provided in
Section 5 above from the cable operator, such schedule or rates
and charges shall be referred to Staff for review and evaluation
pursuant to the substantive and procedural standards set forth
in CFR §§76.900-76.985 and the Report and Order and Further
Notice of Proposed Rulemaking in Commission MM Docket 92-266.
SECTION 7. After a cable operator has submitted for
review its existing rates for the.Basic Service Tier and
associated equipment costs, or proposed changes in these rates
(including increases in the base line channel charge that results
from reductions in the number of channels in a tier), the
existing rates will remain in effect or the proposed rates will
become effective after thirty (30) days from the date of
submission; provided, however, that the City of Diamond Bar may
hold this thirty (30) day deadline for an additional time by
issuing a brief written order as provided in CFR §76.933 (b)
within thirty (30) days of the date of submission explaining that
it needs additional time to review the rates.
SECTION 8. If the City of Diamond Bar is unable to
determine, based upon the material submitted by the cable
operator, that the existing or proposed rates are within the
Commission's permitted basic service tier charge or actual cost -
of -equipment as defined in CFR §§76.922 and 76.923, or if a cable
operator has submitted a cost of service showing pursuant to
§§76.937(c) and 76.924, seeking to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR §§76.922
and 76.923, the City of Diamond Bar may toll the thirty (30) day
deadline in Section 7 above to request and/or consider additional
information to consider the comments from interested parties as
follows:
(a) For an additional ninety (90) days in cases not
involving cost -of -service showing; or
3
(b) For an additional one hundred fifty (150) days in
cases involving cost -of -service showings.
SECTION 9. If the City of Diamond Bar has availed itself
of the additional ninety (90) or one hundred fifty (150) days
permitted above, and has taken no action within these additional
time periods, then the proposed rates will go into effect at the
end of the ninety (90) or one hundred fifty (150) day periods, or
existing rates will remain in effect at such times, subject to
refunds if the City of Diamond Bar subsequently issues a written
decision disapproving any portion of such rates, provided,
however, that in order to order refunds, the City of Diamond Bar
shall issue a brief written order to the cable operator by the
end of the ninety (90) or one hundred fifty (150) day period
permitted above directing the cable operator to keep an accurate
account of all amounts received by reason of the rate in issue
and on whose behalf such amounts were paid.
SECTION 10. Upon receipt of a submission by a cable
operator pursuant to Section 5 above, the City of Diamond Bar
shall give public notice of a public hearing on the proposed rate
changes by way of publication in a newspaper of general
circulation in the jurisdiction within fourteen (14) days of
receipt by the City of Diamond Bar thereof. Said publication
notice shall state, in substance, that the City of Diamond Bar is
considering the submission of the cable operator, the date of
submission by the cable operator, that said rates will become
effective within thirty (30) days from the date of submission
unless the City of Diamond Bar extends the review time pursuant
to Section 8 above, and that interested parties may file written
comments with the City Clerk within seven (7) days of
publication.
SECTION 11. If, and to the extent, that the City of
Diamond Bar extends the review period pursuant to Section 8
above, it shall then act upon the rate submission only at a
public hearing which has been duly advertised and noticed
pursuant to the requirements of Government Code Section 6066. At
said noticed public hearing, which may be continued from time to
time, all interested parties including, but not limited too,
subscribers, shall be allowed a reasonable opportunity to express
their views regarding the matters before the City Council.
SECTION 12. The City of Diamond Bar shall issue a written
decision in a rate -making proceeding whenever it disapproves an
initial rate for the Basic Service Tier or associated equipment,
in whole or in part, disapproves a request for a rate increase in
whole or in part, or approves a request for an increase in whole
or in part over the objections of interested parties. The City
of Diamond Bar is not required to issue a written decision that
approves an unopposed existing or proposed rate for the basic
service tier or associated equipment. Any written decision
4
required herein shall only be issued and released at an open and
public meeting of the City Council and the text shall be made
available for public distribution at the offices of the City
Clerk during normal business hours commencing the next business
day after adoption by the City Council.
SECTION 13. These regulations may be amended from time to
time, by the City Council with or without concurrence or consent
of the cable operator, or cable operators, affected thereby.
SECTION 14. If, and to the extent, a cable operator, or
cable operators, submits a cost -of -service showing pursuant to
CFR §§76.937(c) and 76.924 seeking to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR §§76.922
and 76.9223, the City of Diamond Bar shall, within ninety (90)
days of the date of submission, adopt rules, regulations, and
procedures consistent with the rules and regulations of the
Commission relating to the procedural and substantive criteria to
be applied by the City of Diamond Bar to.said cost -of -service
submission.
SECTION 15. The City of Diamond Bar shall possess all
remedies available to it under federal, state, and local law
including, but not limited to, those remedies provided in CFR
§§76.940 - 76.943.
SECTION 16. The City Clerk shall certify the adoption of
this resolution.
PASSED, APPROVED AND ADOPTED this 02 day of November, 1993.
MAYOR
5
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 02 day of
November, 1993, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
ABSTAINED:
COUNCILMEMBERS
ATTEST:
Lynda Burgess, City Clerk
[:
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. $ J
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993 REPORT DATE: October 29, 1993
FROM: Troy L. Butzlaff, Assistant to the City Manager
TITLE: Status Report on Diversion Compliance with Assembly Bill 939 (AB 939).
SUMMARY: The City's Integrated Waste Management Consultant, Charles Abbott Associates, Inc., recently
prepared a report indicating that the City has successfully achieved compliance with its State mandated
diversion goals almost two years ahead of schedule.
RECOMMENDATION: It is recommended that the City Council receive and file this document.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution _ Bid Specifications
_ Ordinance X Other: Press Release
EXTERNAL DISTRIBUTION: California Integrated Waste Management Board
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
REVIEWED BY:
I
IL4��
Terrence L. r
City Manager
V
Tro utzlaff
Assis the CiM
City anager
by the City Attorney?
—Yes X No
2.
Does the report require a majority or 4/5 vote?
N/A
3.
Has environmental impact been assessed?
N/A
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
REVIEWED BY:
I
IL4��
Terrence L. r
City Manager
V
Tro utzlaff
Assis the CiM
City anager
.-ZZJ
CITY OF DIAMOND BAR
CITY COUNCIL REPORT
On Diversion Compliance with AB 939
Prepared_ by Charles Abbott Associates, Inc.
Background
Charles Abbott Associates, Inc. (CAA) was commissioned by the City of Diamond Bar
to review, and revise if necessary, the AB 939 Initial Solid Waste Generation Study
(ISWGS) performed in 1991 on behalf of the City. The ISWGS documented a baseline of
about 10% diversion with a solid waste generation tonnage of 60,594 tons. The disposal
and diversion tonnage for 1990 was documented in the 1991 ISWGS using both
estimation and empirical techniques.
The reason for the review and possible revision was twofold. In 1993, the California
legislature passed and the Governor signed into law AB 2494. This law revised AB 939
by excluding inerts, agricultural wastes, and various scrap metals and white goods from
counting as diversion in the existing study unless certain criteria for inclusion were met.
It was necessary to review the ISWGS to determine to what extent the new law
impacted existing diversion in the City's ISWGS. If revisions were required (i.e.,
exclusion), then the burden of proof for retaining the diversion would lie with the City.
One of the principal questions would be, therefore, to determine if the ISWGS provided
sufficient information for the CIWMB to allow inclusion of the potentially excluded
wastes.
The second reason for the review and revision was that the revision of the ISWGS for
purposes of AB 2494 creates an opportunity for the City to identify additional or
replacement diversion that may not have been identified in the ISWGS. The City could
add diversion that was not identified in the ISWGS due to oversight or methodological
errors or omissions.
It is important to note that AB 2494 also changed how cities demonstrate diversion
compliance (25% by 1995 and 50% by 2000). Instead of measuring both diversion and
disposal and comparing their sum to the baseline year, the new law required cities to
calculate a theoretical maximum quantity of disposal tonnage allowed in the target year.
This threshold would be calculated by taking the baseline waste generated figure and
multiplying that by 0.75 to determine the maximum disposal tonnage allowed in 1995
(e.g., 100 tons waste generated times 0.75 equals 75 tons maximum disposal in 1995). If
a revised baseline was identified for 1990, the City could then compare existing disposal
tonnage with the maximum threshold for disposal tonnage to determine compliance at
any time.
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Methodology
The method consisted of a series of separate steps. First, CAA reviewed the ISWGS for
the presence of excluded wastes and readily available justification for retaining their
diversion value. Once this was complete, CAA began a search for justifying data for the!
diversion since inadequate documentation existed in the ISWGS). Simultaneously, CAA.
launched an investigation into finding new diversion by contacting businesses and.
large sources of potential waste diversion.
Results
The ISWGS was reviewed for the presence of excluded wastes. Of the four types of
excluded wastes, ferrous metals, nonferrous metals, and white goods were claimed for
diversion. About 130 tons total compose these three waste types. To count these
wastes, the City must meet the three criteria for inclusion which are:
1) Demonstrate that the material was diverted from a permitted disposal
facility through an action by the city, county or regional agency which
specifically resulted in the diversion.
2) Demonstrate that the solid waste claimed for diversion was disposed
in the same quantity being claimed as diversion.
3) Demonstrate that the city, county, or regional agency is implementing
and will continue to implement source reduction, recycling, and
composting programs as described in the SRRE.
The City is unable to demonstrate criterion #1 based solely on the SRRE and the ISWGS.
Therefore, the diversion would most likely be disallowed by the CIWMB when it
reviews the City's SRRE. According to AB 2494, the City would have to deduct the 130
tons of diversion from the waste generation base line for 1990 unless it can justify
inclusion.
CAA conducted a review of available data, including City files, but was unable to
demonstrate that all three criterion were met for the excluded wastes. However, its
search for data disclosed previously unreported diversion as described below.
INCLUSION OF PREVIOUSLY UNIDENTIFIED DIVERSION IN 1990
In the course of evaluating the ISWGS, it was apparent that some existing diversion was
inadvertently omitted. This was due to (1) problems in the reporting of diversion, and
(2) omission of data because of the inherent statistical problems in the Klee and Carruth
method used to characterize waste.
It was found that over 533 tons of diverted horse manure was omitted. In addition,
1594 tons of diverted green waste were likewise omitted.
DIAMOND BAR\ODUNCIL REPORT ON TWERSION\DOC 2 October 2s, im
c•.•—ca i . H , - _ o H= Hb&, •Etn 11J. ,,.u2,20993 P. 03
The manure was diverted by Country Estates, a private community that provides stable
space for local residents to maintain their horses. Manure is collected and diverted for
composting and reuse at a remote recycling facility. In 1990, about 65 horses were
stabled at the compound. Based on literature estimates of the amount of manure
generated by a typical horse, 533 tons of manure (wet weight basis) were generated and
diverted. However, in order to claim this material, it must be present in the waste
stream in detectable quantities according to AB 939 and subsequent amendments.
Manure was not measured in the ISWGS waste characterization at the landfill. Yet, over
50 horses are kept in the backyards of residents of the City. It was known by City
officials and the hauler that manure was routinely placed in the waste containers by
residents. However, the solid waste study failed to disclose this due to the small
number of representative samples taken. [Note: "Representativeness" in a sampling
study is achieved when material types are generally found at all generation points.
Typically, paper, food waste, yard clippings, cans and bottles, and the such will be
found among most, if not all, residences. In the case of manure, only 50 households in
the City generate this waste type. Therefore, the representativeness factor fails for
manure.] Coupled with the absence of any disclosure by the City and the hauler to the
City's consultant that this material was indeed present, manure was not identified in the
solid waste generation study whatsoever. However, this is incorrect.
Based on the same assumptions for horse manure generation rate, about 410 tons of
manure are collected from residents and disposed annually by the City's permitted
haulers. This is well above the detectable limit (0.01%) for a material that is disposed for
it to be countable as diversion.
Likewise, grass -cycling (or leaving grass clippings on lawns to degrade naturally) was
measured in the LSWGS at the City's golf course; however, grass -cycling information
from parks and schools was omitted. About 1,594 tons were estimated to be diverted
from landfill through the action of grass -cycling by the City's contractor for parks
maintenance and by the schools. It is noted that yard waste is included in substantial
quantities in the solid waste disposed.
These changes in diversion and disposal have been addressed in this addendum, as
identified below.
REVISED SOLID WASTE GENERATION TOTALS
The additional diversion documented increases the overall quantity of waste generated
in the City. The presence of the manure disposed by 50 households increases the
amount generated as well. The relative amounts of other wastes have been adjusted
accordingly.
Table 2-9 presents the revised solid waste disposal composition and quantity in the base
year 1990. Table 2-14 presents the revised solid waste diversion composition and
quantity in the base year 1990. Table 2-15 presents the revised solid waste generation
composition and quantity in the base year 1990.
DIAMOND BAR\COUNCIL REPORT ON DIVERSION\DOC 3 Ock ber26,1993
The total waste generation in. 1990 has changed i.�rom 60,599, tons to 63,754 tons. They
total diversion has changed from 5,896 tons to 8,69-6 tons. The diversion rate has
changed from 9.7% to 13.6%. This is in accordance with the average diversion rate l`or
cities throughout California.
NEW TARGETS
Based on a revised diversion total of 8,646 tons (adding; 2,880 tons of new diversion but
deducting 130 tons of "excluded wastes"), the total waste ;generated is 63,754 tons in.
1990. The new calculated targets for 1995 and 2000 in terms of :maximum disposal.
quantities are as follows using the equation provided by AB 2494:
63,754 tons X 75% = 47,816 tons maximum disposal in 1995
63,754 tons X 50% = 31,877 tons maximum disposal in 2000
These revised solid waste targets are to be used by the City to determine compliance
with AB 939 as shown below.
Solid Waste Disposal Tonnage
The tonnage of solid waste disposed in 1992 was compiled for all haulers who conduct
business within the city limits, based on the tonnage and fee reports for the year 1992.
This tonnage is graphically displayed and tabulated in an attachment on City tonnage
in 1992.
However, there appeared to be some discrepancies in January, February and March
tonnages as reported. It would appear from the information provided in the other
months that the tonnage was under -reported. CAA has added about 3,000 tons to the
tonnage reported. The tonnage reported amounted to 38,464 tons. This would increase
this amount to 41,464 tons for 1992. This provides a monthly total tonnage that appears
to be consistent and falls within a statistical norm.
Level of Diversion
As detailed in the solid waste addendum 1 dated July 21, 1993, the City has a new
maximum disposal amount for 1995 of 47,816 tons based on the revised initial solid
waste generation analysis. By comparing the above -reported tonnage for 1992 of 41,464
tons disposed to the target maximum disposal tonnage allowed, it appears that the City
has achieved its diversion target of at least 25% which is supposed to be achieved by
January 1, 1995.
41,464 tons disposed 1992 << 47,816 tons maximum disposal 199,9
Even discounting negative economic effects (a negligible factor), the City appears to
have an existing diversion level of about 40%.
DL4MOND BAR\OOUNCIL REFORT ON DIVERSION\DOC 4 Oc"m ul im
-- -- - -AJa ....1 ,3
Why has the diversion increased so dramatically frorrL the revised 1991 study of 13.6%
diversion? Mostly, it can be accounted by the total impa& of the curbside collection.
program. There is anecdotal evidence that when residents participate in curbside
collection program they not only divert materials to recycling but they also reduce tkwir
overall waste generation dramatically. This appears to be the case here. This factor of
waste reduction is due to the informal education of each individual resident arising
from active participation. The participation levels in the program have been very goad,
averaging now about 80% according to the City's recycling agents.
It is noted that the State has yet to publish its formula for calculating compliance with
the 1995 mandate. This may have a demonstrated impact upon the apparent diversion
level since state factors for economic and population effects could significantly change
the above assessment.
What Must Continue to be Done?
It would appear on the surface that the City need not be concerned about the mandate.
Unfortunately, this is not the case. First, the City must continue to monitor the disposal
tonnage to assure that this diversion is maintained as a minimum through the end of
1993 and beyond through the years 1994 and 1995. Second, the additional diversion
needed to reach the year 2000 mandate of 50% will be difficult to achieve since most of
the readily recyclable wastes are now being diverted. It will be necessary to divert
green wastes and the small amount of business sector waste now disposed. To reach
the target will take an incremental approach. To that end, staff are (1) working with the
City's recycling agents to plan for green waste curbside collection, (2) engaging in an
effort to promote backyard composting among residents, and (3) encouraging business
sector recycling through waste audits and technical assistance. Third, the state has yet
to publish its official formula for determining diversion compliance.
The City should continue its basic package of recycling and source reduction activities
as the law mandates that each City must implement its SRRE or face the potential for
fines of up to $10,000 per day. The 1995 and 2000 targets represent minimums for
determining substantive compliance, however, it is the actions of the cities in
implementing the SRRE that is the most important criterion for compliance.
In this way, the City can keeps costs as low as possible to residents, maintain this level
of diversion, and incrementally progress toward the 50% diversion minimum target.
DIAMOND BARWOMCIL REPORT ON DMRMON\DOC 5 ocbDbez n, 190
News and
Information
from the
City of
Diamond Bar
♦ FOR 1MMr1)1ATr_ DFT_rkQr •
October 21, 1993
Diamond Bar — According to a recent report prepared by the City's consult-
ant, Charles Abbott Associates, the City has successfully achieved compliance
with its State mandated waste diversion goals almost two years ahead of
schedule.
These goals, which were established by the California Integrated Waste Man-
agement Act of 1989, also known as AB 939, requires each city to divert,
through a combination of source reduction, recycling, and composting pro-
grams, 25% of all solid wastes from landfill disposal by 1995, and 50% by the
year 2000.
"Our residents have answered the call to reduce, reuse, and recycle," said
Mayor Gary Miller. "In particular, our residents have shown overwhelming
support for our waste management programs, with over 80% of them partici-
pating in the City's curbside recycling program on a weekly basis."
The report indicates that there has been a significant decrease in the amount of
waste being disposed of in local landfills since the initial solid waste generation
study that was compiled in 1991. "Based on the City's revised Initial Solid
Waste Generation Study and Analysis and disposal information obtained
from the City's permitted waste haulers, the City has surpassed its 1995 waste
diversion goal of 25% by nearly 15%," said City Manager Terrence Belanger.
Although the City appears to have reached its diversion mandate well ahead of
schedule, Mayor Muller urges caution and encourages all residents to continue
their recycling and waste reduction efforts. "We must continue our efforts to
reduce and recycle our wastes so that we may continue to remain in
compliance with State law. If we falter now, the City may not be able to reach
50% diversion by the year 2000. If this occurs, the City could face severe
penalties from the State."
-30-
Contact: Troy Butzlaff
Assistant to the City Manager
(909) 396-5689
City of Diamond Bar - 21660 E. Copley Drive, Suite 100 - Diamond Bar, California 91765 - (909) 396-5666
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Council Members MacBride and Werner
RE: City Council Committee Report - "Sister Cities
International" (SCI)
DATE: November 2, 1993
Overview
This memo recapitulates activities of the City Council SCI
Committee. To understand the Committee's perspective and
efforts, six basic elements are briefly reviewed:
1. The SCI concept
2. Criteria for selecting a Sister City
3. Committee Activities
4. Prospective Costs to the City
5. Committee Analysis
6. Committee Recommendations
Sister City Concent
More than 900 U.S. cities have chosen a sister city (over 160 in
California), which are paired with 1,500 international cities, in
110 countries.
This people -to -people Program is not supported by Federal
Government funds; nor, is it government -operated. When President
Eisenhower initiated it in 1956, he said "...the problem is for
people to get together and to leap over governments ... to work
out, not one method, but thousands of methods by which people can
gradually learn a little bit more of each other."
Types of Criteria Sister City Selection
1. Geographic/population (Los Angeles/Mexico City)
2. Service Clubs (Bellflower/Los Mochis)
3. Special Interest (Fresno/Lahore)
4. History (Alhambra/Grenada)
5. Agriculture (Lodi/Kofu)
6. Trade (San Diego/Yokohama)
7. Transportation/Roadways (Redondo Beach/La Paz, Mexico)
8. Teacher Exchange (Riverside/Valparaiso)
9. Climate (Long Beach/Valparaiso)
10. Education (Claremont/Guanajuato, Mexico)
SISTER CITY REPORT
NOVEMBER 2, 1993
PAGE TWO
Committee Activities
1. Attendance, Sister Cities International Conference, San
Diego, April 30 - May 1, 1993. "Creating Alliances With Our
Local Government" was the keynote. Full report to Council,
staff and community was made May 5, 1993.
2. Participation in Signatory Ceremonies of Sister City
Covenant, formalizing social, cultural, economic ties
between San Diego, CA and Tijuana, Mexico.
3. Correspondence and information exchange with SCI
headquarters, in Alexandria, Virginia.
4. Informal discussions with representative of Diamond Bar
community groups, e.g. D.B.I.A., Rotary (Walnut breakfast
club), regarding interest in Sister City concepts.
5. Receipt (October 7, 1993) of request for Sister City
recognition and affiliation, from A. Lee, National Korean
American Republican Association, representing Sun San Keun,
Korea.
6. Receipt (October 7, 1993) of request for Sister City
recognition and affiliation, with a Chinese city, from Shawn
Lu, local Chinese entrepreneur and Chinese city
representative.
Prospective Costs to the City
A brief survey of seven (7) local cities, with sister city
affiliations, was conducted for the purpose of identifying
prospective costs in the involvement of SCI. The cities and
their respective budgets, related to the Sister City program are:
CITY NUMBER OF SISTER CITIES AMOUNT BUDGETED
Brea 2 $ 2,000
E1 Monte 3 $11,475
La Verne 3 $ none
La Mirada 1 $ 1,500
Pomona 1 $ none
Santa Fe Springs 4 $30,000
South El Monte 3 $ none
It should be noted that La Verne annually has allocated $300 to
$400 toward Sister City activities, notwithstanding the lack of
budget allocation. Also, Pomona's Sister City program was only
recently initiated and funding has not been approved. Pomona
plans to concentrate upon community-based fund raising efforts.
SISTER CITY REPORT
NOVEMBER 2, 1993
PAGE THREE
Committee Analysis
The City of Diamond Bar is a multi-ethnic community. Our
resident population has ancestral roots, in more than 100
countries. The 1990 U.S. Census indicates that Diamond Bar has a
population of 53,672 ; and, that our community population and
demographics are comprised of the following major racial/ethnic
categories:
CATEGORY OF POPULATION
White 63.82 (34,252)
Asian/Pacific Islander 24.91 (13,372)
Black 5.66 ( 3,036)
Other 5.31 ( 2,850)
American Indian .30 ( 162)
Spanish Origin: A comparatively large segment of the
population refer to themselves as being of Spanish origin
(8,839 (16.47%). However, this category is spread
throughout other categories, as it is not shown as it's own
discrete category.
Committee Recommendation
The Committee has established several working objectives that are
recommended to guide the City Council in determining whether or
not to participate in the Sister Cities program. They are:
1. No cost to the City of Diamond Bar - It is the Committee's
recommendation that local not-for-profit groups be
established comprised of interested residents, business
owners or community associations which would like to
participate in the cultural exchange and enlightenment
associated with the Sister City Program. Such group(s),
each of which might be comprised of members sharing the same
cultural background or country of origin, would be
responsible for providing the funding necessary to
support participation in the program. The objective is to
avoid the use of City revenues for participation in the
program. More than one Sister City; and therefore, more
than one support group may be established.
2. Citywide Survey - The Committee recommends that in the next
City Newsletter, the Committee would present a series of
questions to the community requesting input on: (a)
community interest in participation in the Sister City
program; (b) interest in the establishment of non-profit
Sister City groups to fund the cost of the participation in
the program, by the City; and (c) other related concerns.
SISTER CITY REPORT
NOVEMBER 2,1993
PAGE FOUR
3. Committee Continuation - The work of the Council Sub -
Committee should be continued in the spirit of community
participation and interactive relationships. It is
suggested that, if the above recommendations are followed,
the next steps in the establishment of a Sister City Program
would require the Committee's outreach to community
organizations, businesses and residents to identify
prospective Sister City cities, methods of funding, and
other appropriate details.
Prepared By:
Council Member Dexter MacBride
Council Member Gary Werner
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. V,'6
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993 REPORT DATE: October 28, 1993
FROM: James DeStefano, Community Development Director and
Bob Rose, Community Services Director
TITLE: Award of contract for Landscape Architectural Services
SUMMARY: Earlier this year the City Council authorized the release of a Request for Proposal to qualified
consultant firms to provide "as needed" landscape architectural services to the City. Proposals
were received from twenty-one (21) consultant firms. Staff reviewed the proposals, conducted
interviews with the most qualified candidates, checked their references, reviewed their recently
completed projects and negotiated fees with the most capable consultant.
RECOMMENDATION: It is recommended that the City Council award the contract for "as needed" landscape
architectural services to RJM Design Group, Inc. for an amount not to exceed $25,000.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) X Proposal(s) (on file in City Clerks Office)
X Other - Professional Services Agreement
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
X Yes _ No
by the City Attorney? MAJORITY
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? N/A
_ Yes _ No
4. Has the report been reviewed by a Commission? N/A
_ Yes _ No
Which Commission?
5. Are other departments affected by the report?
X Yes _ No
Report discussed with the following affected departments:
COMMUNITY DEVELOPMENT,
COMMUNITY SERVICES, PUBLIC WORKS
REVIEWED BY:
Te ence L. Bel r James DeStefan
Bob Rose
City Manager Community Development Director
Community Services Director
CITY COUNCIL REPORT
►:L0 D � a07.M Z[•21
MELTING DATE: November 2, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Award of contract for Landscape Architectural
Services
ISSUE STATEMENT:
Earlier this year the City Council authorized the release of a Request for
Proposal to qualified consultant firms to provide "as needed" landscape
architectural services to the City. Proposals were received from twenty-one
(21) consultant firms. Staff reviewed the proposals, conducted interviews
with the most qualified candidates, checked their references, reviewed
their recently completed projects and negotiated fees with the most capable
consultant.
RECOMMENDATION:
It is recommended that the City Council award the contract for "as needed"
landscapearchitectural services to RJM Design Group, Inc. for an amount
not to exceed $25,000.
FINANCIAL SUMMARY:
The cost for Landscape architectural services will be paid from various
sources. Services necessary as a result of development applications are
paid from funds deposited by the developer for processing the project.
Park improvement funds budgeted in FY93-94 include the use of CDBG, Quimby
Funds, and Prop. "A" funding sources and anticipate the use of consultant
services.
BACKGROUND:
The City has adopted Water Efficient Landscape Regulations (Resolution No.
92-66) as required by Assembly Bill 325. The regulations establish specific
criteria.for the approval of landscape and irrigation plans for certain
development projects. The consultant services of a landscape architect is
needed to assist staff with AB325 plan check services, median design, and
design of park specifications, including compliance with the Americans with
Disabilities Act and other park improvement projects.
DISCUSSION:
Upon City Council authorization, Requests for Proposal (RFP)
were advertised and distributed. Twenty-one (21) proposals were received
from consultant firms interested in providing landscape architecture
services to the City. The proposals were carefully reviewed by members of
the Community Development, Community Services and Public Works Departments.
The most qualified consultants were invited to participate in an interview
process to further review the qualifications of each firm. Staff researched
references and the recent performance of each firm. Staff conducted site
visitations. Staff negotiated the proposed contract and fees with the most
capable consultant firm.
RJM Design Group, Inc. established
principal experience in the field
an outstanding reputation and has
presently serves as an "as needed"
Fontana, Mission Viejo and Rancho
in 1985 has over 40 years of combined
of landscape architecture. The firm has
completed over 30 park projects. RJM
landscape architect to the Cities of
Cucamonga.
RJM is currently contracted to design Pantera Park. The staff of RJM are
familiar with needs of the City and come highly recommended by other
municipalities. Based upon the qualifications of the firm, their
demonstrated landscape architectural services, and considering the needs of
the City Staff recommends the award of contract to RJM.
PREPARED BY:
James DeStefano
Community Development Director
attachments: Professional Services Agreement
2
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993 REPORT DATE: October 27, 1993
FROM: James DeStefano, Community Development Director
TITLE: Appointment to fill vacancies on the Significant Ecological Area Technical Advisory Committee
(SEATAC)
SUMMARY: Pursuant to Sec. 22.56.215 of the Municipal Code, a SEATAC review is required for all
development projects located within SEA No. 15. Formation of the SEATAC requires the appointment of
technical professionals by the Council. Vacancy exists on the existing SEATAC providing an opportunity to
appoint technical professionals as new members.
RECOMMENDATION:
It is recommended that the City Council approve the recommended appointment to the SEATAC.
LIST OF ATTACHMENTS:X Staff Report
_ Resolution(s)
_ Ordinances(s)
_ Agreement(s)
Other
EXTERNAL DISTRIBUTION: NONE
a V D1V111 1 AL UNPIL;KLIS'1':
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
1.
Has the resolution, ordinance or agreement been reviewed
YesNo
by the City Attorney?
_
N/A _
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:
_
RE BY:
Ten nee L. Belanger
City Manager
� L—
James DeStefano
Community Develop ent Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Appointment to fill vacancies on the Significant Ecological Technical Advisory
Committee (SEATAC) members.
ISSUE STATEMENT:
Pursuant to Sec. 22.56.215 of the Municipal Code, a SEATAC review is required for all development projects
located within SEA No. 15. Vacancies exist on the existing SEATAC providing an opportunity to appoint
technical professionals as new members.
RECOMMENDATION:
It is recommended that the City Council approve the recommended appointment
to the SEATAC; and, approve a per meeting compensation of $100.00 per member.
FINANCIAL:
All costs associated with the SEATAC are paid by the City from deposited funds received by the applicant
processing the development request.
BACKGROUND:
In November of 1990, the City Council appointed four individuals to serve on the City's first SEATAC. The
SEATAC is responsible for the review of development projects within the SEA and the preparation of an
advisory technical report encompassing specific recommendations for each development project based on their
professional background.
The City is charged with the creation of the SEATAC as the City has assumed the County's responsibility for
areas within the City designated as SEA No. 15. The Municipal Code establishes regulations with the intent
of providing "a process whereby the reconciliation of potential conflict within these areas may equitably occur.
It is not the purpose to preclude development within these areas but ensure, to the extent possible, that such
development maintains and where possible enhances the remaining biotic resources of the significant ecological
areas, and the natural topography, resources and amenities of the hillside management area, while allowing for
limited controlled development therein."
Development within the SEA carries with it an additional burden of proof that must be met by the applicant.
Additionally, the Hillside Management Ordinance establishes further criterion that must be attained. These
requirements are met via the Conditional Use Permit process. The project must demonstrate the following
can be met:
(a) That the requested development is designed to be compatible with the biotic resources on the
project site and in the area of the proposed development project, including adequate open space
considerations, and
(b) That the requested development is designed so as not to reduce the water bodies, watercourses,
and their tributaries and,
(c) That the wildlife movement corridors are not adversely impacted and are maintained in an
undisturbed and natural state,
(d) That the requested development retain sufficient natural vegetative cover and /or open spaces
to buffer critical resource areas from said requested development, and
(e) That where necessary, fences or walls are provided to buffer important habitat areas from
development, and
(f) That roads and utilities serving the proposed development are located designed so as not to
conflict with critical resources, habitat areas or migratory paths.
The role of the SEATAC is to serve as an advisory committee to the Planning Commission and to provide them
technical information that would assist in their deliberations.
The SEATAC has not met since the conclusion of the review of the JCC project in April, 1991. Currently,
there are three development projects which are approaching the need for SEATAC review. One project, VTM
No. 51169, has reached the point of draft environmental impact report review. SEATAC should undertake its
review and comments, during the DEIR review and comment period. The DEIR for VTM 51169, which
proposes 13 lots on 20 acres (end of Blaze Trail in the Country Estates), has a review and comment period
through December 15, 1993.
Attached are the resumes of individuals who have indicated a willingness to serve on the City's SEATAC. The
individuals selected represent the range of skills needed for an in depth view of the ecological
characteristics of the Tonner Canyon/Chino Hills SEA. They have been advised that the City would be
prepared to compensate them on a per meeting basis.
2
The City has previously set the compensation at a rate of $100 per meeting/per person. Dr. Berry and Charles
Hewitt are members that have participated in the past and wish to remain on the committee. The County Code
does not specify a specific number of committee members required for the SEATAC. At this time the number
of members is at the sole discretion of the Council. Staff recommends the appointment of S. Gregory Nelson
to the SEATAC. Mr. Nelson is the co-author of the 1976 England & Nelson Report which served as the
foundational document utilized to create the 62 SFA's within Los Angeles County. Mr. Nelson is also a
Diamond Bar resident.
1. David R. &M, Professor of Geologic Sciences, Cal State, Pomona.
2. Charles F. Hewitt, Coordinator of Agricultural Science, Mount San Antonio College
3. S. Gregory Nelson, Consulting Biologist, former principal England and Nelson
Robert Searcy
Associate Planner
Attachments: Resumes
3
r
SENT BY:.
;11- 1-90 1 2:04PM ; SCIENCE ISC-CITY OF DIAMOND BAR ;# 2
CURRICULUM VITA
David R. Berry
Home: 9871 Sclazzo Dr.
Cucamonga, CA 81730
( 714) 9�88-$,tea 47,y/ ... trG•
Office: Geological Sciences Department
California State Polytechnic University
3801 West Temple Ave,
Pomona, CA 91758
(714) 869-$453
Education: West Texas State University, B.S., Geology, 1966
University of California, Berkeley, M.A,, Paleontology, 1.970
Univ. of So, CA., Los Angeles, Grad, Studies, Geo-
logical Sciences 1971-1973
University of California, Los Angeles, Ph.D., Archaeology, 1983
Kg—rk Experience:
1967-71 Atlantic Richfield Co., Long Beach, CA, Micro -
paleontologist.
1971-75 United States Geological Survey, Los Angeles, CA,
Geologist,
1977 California State University, Long Beach, CA, Lecturer
in Geological Sciences
1976-79 International Inst, for Mesopotamian Area Studies,
Syrian. Arab Republic, Consultants Gaology and Human
osteology,
1962 Cal, State Univ., Long Beach, CA, Lecturer in Geologi-
cal Sciences.
1983 to Present -California State Pclytechnic University,
Pomona, CA, Professor of Geclogical
Sciences.
Professional A-tfl,Liations and Activities
SEPM - Pacific Section
Society for Archaeological Sciences
Southern California Botanists
San Bernardino County f".ugaum Association
Inland Geological Society
Mojave Desert Quatgrnary Research Group
Currently focussing on Neogene benthic foraminifers of Southern
California coastal basins and deep water Foraminiferia, Addi-
tional areas of current research involve Quaternary micropaleo-
botany of the American Southwest and geoarchaeology,
SENT BY: ;11- 1-90 ; 2:05PM ; SCIENCE ISC-CITY OF DIAMOND BAR IK -3
Publications
1979, Berry, David R., Geological Analysis of Anthropogenic s261-
ment5. In: Terqa Preliminary Reports, No. 11, The Fourth Season; Introduc-
tion and the Stratigraphic Record, Bibliotheca Mesopotamica, Volume 10; Gior-
gio Buccellati (Editor). Undena, Malibu.
1983, Berry, David R., Skeletal Remains from R8 568. in: Honoring
the Dead, Anasazi Ceramics from the Rainbow Bridge - Monument Valley Expedi-
tion; Helen K. Crotty. Museum of Cultural History, Monograph Series Number
22, Univarsity of California, Los Angeles.
1983, Berry, David R., Disease and Climatological Interrelation-
ship among Pueblo 111 - PuebIo IV Anasazi of the Colorado Plateau. University
Microfilms, Ann Arbor.
1985, Berry, David R., Aspects of Paleodemcgraphy at Grasshopper
PuebIo, Arizona. In Health and Disease In the Prehistoric Socuthwest;
Charles F. Merbs and Robert J. Miller (Editors). Arizona State University
Anthropological Research Papers No. 34, Tempe,
1985, Berry, David R., Dental Paleopathology of Grasshopper Fue-
blo, Arizona. In Health and Disease in the Prehistoric Southwest; Charles F.
Merbs and Robert J. Miller (Editors). Arizona State University Anthropolobi- f tz
cal Research Papers No. 34, Tempe,
1986, Berry David R., Earth Science Exercises (with Lisa A. Rossb-
acher and David R, Jesseyl. Kendall/Hunt, Dubuque.
P - e_,
CHARLES F. Ula" WITT
1122 E. Shamwood Street
West Covina, CA 91790
(818)332-7407 or (714)594-5611 ext. 542
EDUCATION
Masters Degree -Columbia Pacific University
Bachelors Degree -University of Redlands
Environmental Education
Associate Science Degree -Mt. San Antonio College
Ornamental Horticulture
LIC E N S E S i CRE1D ENT to LS
Designated Subjects Credential
Community College Instructor Credential
Community College Administrative Credential
State of California Pest Control Operator's License
WORK EXPERIENCE
9/1/83 -Present COORDINATOR OF AGRICULTURE SCIENCE
Mt. San Antonio College, Walnut, CA
Responsible for the fiscal and physical management and control of
a 250 -acre farm/laboratory; curriculum development for 1,500
students; personnel management of nine full-time certificated
employees, three full-time classified employees; together with a 50%
teaching assignment.
It
71'1/79-9/1/83 Instructor, ornamental horticulture
Mt. Sang Antonio College, Walnut, CA
Responsible for management and control of the ornamental
horticulture program/laboratory.
7/1/78-6/30/79 Landscape Foreman
Jet Propulsion Laboratory
Managed 500 acres of landscape areas. Responsible for landscape
personnel and planning daily -work schedules.
2/4/66-7/1/78 Nurseryman
Los Angeles State and County Arboretum
Responsible for plant research and development of 20,000 sq. ft. of
greenhouses; and yearly record keeping.
C3 L
AWARDS AND RECOGNITTONS
California Association of Nurseryman/Burt Kallman Award
(Teaching excellence in the field of Horticulture)
Future Farmers of America
Honorary Section Farmer --198S
Teacher of Excellence
California Agriculture Teachers Association --19S9
PUBLICATIONS
California Urban Forestry Manual
Coordinated Articulation Between Secondary Schools
and Community Colleges
PROFESSIONAL 1tirEINMERSHIPS
California Agriculture Teachers Association
Association of Community College Administrators
American Association of Botanical Gardens and Arboreta'
Southern California Turf Grass Association
International Society of Arboriculture
Consulting A.rborists
California Association of Nurserymen
COMMITTEES
La Puente 'Valley Regiona i Occupational Program Advisory Committee
Covina High School Agriculture Advisory Committee
Baldy View Regional Occupaticnal Program Advisory Committee
President's Advisory Committee on Budget/^N7t. San Antonio College
NATIONAL/INTERNATIONAL COUNCILS
Member, National Council for Vocational and Technical Education in Agriculture
Member, 'Task Force for International Agriculture
February 3, 1993
Mr. James DeStefano
Community Development Director
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
CC'" "ITY
RE: Biological Consulting Services
Dear Mr. DeStefano:
S. Gregory Nelson
Consulting Biologist
would like to take this opportunity to introduce myself and to make you aware of my
biological consulting services. From time to time you may require such services to
augment your staff capabilities or provide third party opinions. For example, I recently
assisted the City of Mission Viejo in addressing biological resource issues which arose
after a general plan amendment project EIR was certified.
have attached my r6sum6 for your review. You will note that I have been involved
in biological consulting for over 18 years. During that time, I have been responsible
for the completion of a wide variety of studies throughout Southern California. I have
included several references for you to contact. Additional references are available
upon request.
I will contact you in the next week or two to discuss my services further and how they
may fit into and benefit your planning and environmental review programs. If you
have more immediate needs, please feel free to contact me.
Sincerely,
okc,
S. Gregory Nelson
Consulting Biologist
Enclosure
snBCS-11dra"2
24230 Delta Drive ♦ Diamond Bar, California 91765 (909) 396-8478
r
S. Gregory Nelson
Consulting Biologist
Mr. Nelson is a biologist with expertise in the areas of wildlife biology, botany and freshwater
ecology. He has been a professional consultant for over 18 years. During that time, he has
been responsible for a wide variety of biological studies, ranging from technical wildlife and
vegetation inventories, to regional constraint analyses and impact assessments. His broad
educational background and professional experience have given him a unique insight to
resource identification, evaluation and management within the planning and environmental
review processes.
Mr. Nelson has served as the project biologist for over 400 biological investigations throughout
Southern California, including work in Orange, Riverside, Los Angeles, San Bernardino, San
Diego, Ventura, Santa Barbara, Inyo and Imperial Counties. He has been the principal
investigator for biological studies throughout much of the western United States, including
Washington, Oregon, California, Nevada and Arizona. He has the unique ability to work
effectively with governmental agencies, as well as developers, planners and engineers.
Experience
■ Project Biologist for the 70,000 acre Orange County Master Environmental Assessment,
including constraints analysis and mapping, and mitigation program.
■ Responsible for a study of significant ecological areas within Los Angeles County,
California, used as input to the County General Plan Update Program in 1976.
■ Responsible for the preparation of biological constraints analysis and impact
assessment for the 18,000 acre Chino Hills Specific Plan, San Bernardino County.
■ Project biologist for the 1,300 acre Singing Hills Estates Specific Plan in eastern San
Diego County.
■ Project biologist for an EIS/EIR for a federally funded areawide wastewater treatment
facilities plan, including Las Vrgenes, Triunfo, Malibu and Topanga in Los Angeles and
Ventura Counties.
■ Played a major role in the impact assessment for a Southam California Edison
Company transmission line project covering 60 miles of proposed and alternative route
in Riverside County.
■ Participated in planning studies on Santa Catalina Island for the Santa Catalina Island
Company.
■ Assisted the Irvine Company in assessing the effectiveness of a proposed development
and dedication plan for their 9,400 acre Irvine Coast Planning Unit in Orange County.
■ Participated as an expert witness and technical advisor in the Bolsa Chica Wetlands
Study, an evaluation of alternative land use plans for a 1,600 acre parcel in coastal
Orange County, where residential, marina, commercial and wetlands restoration were
key issues.
24230 Delta Drive ♦ Diamond Bar, California 91765 (909) 396-8478
S. Gregory Nelson, continued
■ Played a key role in the development of the City of Ridgecrest General Plan
Environmental Management Element.
■ Project biologist for numerous parcel splits, 10 to 40 acres, Rancho California,
Riverside County.
■ Project biologist for the Antelope Valley Public Landfill Expansion EIR, Los Angeles
County.
■ Prepared biological assessment for the expansion of the Schmidt Rock Quarry in
Ventura County.
■ Project biologist for the Circulation Improvement and Open Space Agreement EIR
between the City of Newport Beach and the Irvine Company, Orange County.
■ Prepared a biological assessment of revised western edge development within the
Aliso Viejo Planned Community, Orange County.
■ Prepared and implemented a mitigation program for impacts to rare and endangered
wildlife and plants, related to a private mixed use development at Big Bear Lake, San
Bernardino County.
■ Principal Investigator for the Aliso Corridor Specific Plan, Units 2 and 3 - Biological
Assessment Orange County.
■ Responsible for a range survey of over 250,000 acres in the eastern Mojave Desert in
California, involving measurements of biomass, species, composition and density, as
input to the California Desert Plan.
■ Participated in an assessment of biological impacts related to shore -zone development
at Lake Tahoe for the Tahoe Regional Planning Agency, Lake Tahoe.
■ Prepared a report on the status of rare and endangered species, including two fish
and four plants, near Truckee Meadows in Washoe County, Nevada, for the U.S. Corps
of Engineers.
■ Participated in a sighting study for coal-fired power plants in northeastern California.
■ Played a key research and analysis role in the Lake Chelan Erosion Control Study near
Cascades National Park, Washington.
Professional History
Independent Biological Consultant
EDAW - Principal and Senior Ecologist
Phillips Brandt Reddick - Senior Biologist
England & Nelson - Principal
24230 Delta Drive ♦ Diamond Bar, California 91765 (909) 396-8478
T;
S. Gregory Nelson, continued
Education
M.A., Biology, University of California -Riverside, 1975.
B.S., Biology, University of California -Riverside, 1973.
Certifications
Wildlife Society Certified Wildlife Biologist
San Diego County Qualified Biologist
Riverside County Qualified Biologist
Orange County Qualified Biologist
Selected Publications
"The Determination of Ecological Significance for Use in the Environmental Review Process."
California EIR Monitor, Vol 8 (17). State Office of Planning and Research, 1982.
'The Status of the Coachella Valley Fringe -Toed Lizard (Uma inomata ." California Department
of Fish and Game Inland Fisheries Admin. Rep. No. 77-1, 29 pp. (co-author)
References
Mr. Richard Watson
Culbertson, Adams & Associates
85 Argonaut, Suite 220
Aliso Viejo, California 92656
(714) 581-2888
Ms. Patricia Temple
Director, Advance Planning
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92659-1768
(714) 644-3309
Mr. Jack Bishop
Civil Engineer
Inland Valley Development Co.
31953 Cash Lane
Wildomar, California 92395
(714) 678-6243
Ms. Andi Adams, Principal
Culbertson, Adams & Associates
85 Argonaut, Suite 220
Aliso Viejo, California 92656
(714) 581-2888
Mr. Douglas Wood, Principal
Douglas Wood & Associates
567 San Nicolas, Suite 301
Newport Beach, California 92660
(714) 644-7977
Mr. Stephen Long
Planning Consultant
P.O. Box 1041
Redlands, California 92373
(714) 335-7376
24230 Delta Drive ♦ Diamond Bar, California 91765 (909) 396-8478
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. J
TO: Terrence L. Belanger, City Manager
MEETING DATE: November 2, 1993 REPORT DATE: October 29, 1993
FROM: George A. Wentz, Director of Public Works
TITLE: The 1993 Holiday Shuttle Program
SUMMARY: The City of Diamond Bar has operated the Holiday Shuttle Program since 1990. The 1993
Program will provide transportation services to Diamond Bar residents during the holiay season. The service
will operate Monday thru Friday between the hours of 10:00 a.m. and 6:00 p.m., from November 15, 1993
to December 31, 1993.
RECOMMENDATION: That the City Council approve expenditure of a not -to -exceed amount of $27,000
Proposition A money to fund the operation of the 1993 Holiday Shuttle Program.
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:
1. Has the resolution, ordinance or agreement been reviewed _ Yes _No N/A
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? _ Yes _ No N/A
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? _ Yes X No
Report discussed with the following affected departments: N/A
REVIEWED BY:
. q1 _9N
Ter ence L. B a ger
City Manager
George A. Wentz
Interim City Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: November 2, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manageri
SUBJECT: The 1993 Holiday Shuttle Program
ISSUE STATEMENT:
Operation of the 1993 Holiday Shuttle Program.
RECOMMENDATION:
That the City Council approve expenditure of a not -to -exceed amount of
$27,000 Proposition A money to fund the operation of the 1993 Holiday
Shuttle Program.
FINANCIAL SUMMARY:
Costs associated with the 1993 Holiday Shuttle Program will be funded by
the City's Proposition A monies and will not exceed $27,000. Costs include
preparation and operation of two (2) 12 -passenger shuttles, advertisement
and promotions in local papers, and staff administration time.
BACKGROUND/DISCUSSION:
The City of Diamond Bar has operated the Holiday Shuttle Program since
1990. The service, which circulates within the City limits, provides an
opportunity to Diamond Bar residents to shop in Diamond Bar during the
holiday season free of charge. It is a convenient and inexpensive
transportation alternative that has received attention and been utilized by
senior citizens as well as the youth and their parents. In addition, it is
designed to encourage the reduction of air pollution, traffic congestion
and also serve as an alternate means of transportation for the community.
From year to year, staff has modified the program in terms of routes,
schedules, advertisement and promotion to accommodate overwhelming
increases in ridership and overall improvement of the program. The
following comparison will further illustrate the improvements and overall
desire to continue with said service.
Year Date/Time of Operation Ridership # of Buses Cost
1990 11/23-12/31:M-S:10am-7pm 711 1 (1 hr. headway) $14,000.00
1991 11/25-12/31:M-S:10am-6pm 1239 1 (1 hr. headway) $17,000.00
1992 11/24-12/31:M-F:10am-6pm 1686 2 (1/2 hr. headway) $19,000.00
1993 11/15-12/31:M-F:l0am-6pm N/A 2 (1/2 hr. headway) $ N/A
PREPARED BY:
David G. Liu
Tseday Aberra
PROPOSITION
SAMPLE RESOLUTION
172
i_,
W
0
c-13�
I
WHEREAS, individual security and protection against crime is a major "
-a
concern of California; and
N
WHEREAS, the California population considers public safety spending a^'
top priority for local government; and
WHEREAS, public safety departments are facing drastic cuts at the local
level; and
WHEREAS, the lack of adequate public safety is threatening the quality of
life for every citizen of California; and
WHEREAS, the county/city of is committed to
reducing the backlog of cases involving violent crimes that have not been
prosecuted due to a lack of funds; and
WHEREAS, Proposition 172 will guarantee that at least 1/2 cent of every
dollar Californians pay in sales tax will be set aside for the purposes of
funding local public safety organizations; and
WHEREAS, Proposition 172 is not a tax increase; and
WHEREAS, the county/city of is dedicated to the safety
of its citizens and will continue to set priorities which will provide those basic
needs;
THEREFORE, BE IT RESOLVED, supports
the passage of Proposition 172 on the November, 1993 state ballot.
� V
NANCY RtSSELL
City Clerk
J. Michael Carey
Executive Officer
When making inquiries
relative to this matter
refer to File No.
93-1296-S25
October 8, 1993
CITY OF LOS ANGELES
CALIFORNIA
RICHARD J. RIORDAN
MAYOR
office of
CITY CLERK
Council and Public Services
Room 395, City Hall
Los Angeles, CA 90012
Council File Information - 4855703
General Information - 4855705
p Pat Healy
Chie[ Legislative Assistant
All Councilmembers City Administrative Officer
Honorable Richard Riordan, Mayor Chief Legislative Analyst
City Attorney Police Commission
City Clerk, Election Division Police Department
Every City Council in State of California
RE: LOS ANGELES CITY COUNCIL DOES HEREBY GO ON RECORD AS SUPPORTING
PROPOSITION 172 (LOCAL PUBLIC SAFETY PROTECTION AND IMPROVEMENT
ACT OF 1993) ON THE NOVEMBER 2, 1993 STATEWIDE BALLOT
I HEREBY CERTIFY that the attached motion, was adopted by the Los
Angeles City Council at its meeting held October 6, 1993.
NANCY RUSSELL, CITY CLERK
JV
cc: 8 Certified copies sent to Sacramento Representatives
931296.25
OD
AN EQUAL EMPLOYMENT OPPORTUNITY —AFFIRMATIVE ACTION EMPLOYER %cxb*anamaaefromrecydea—e 1ZF
M O T I O N Tv VVgA 1L)/6lc)3
As a result of State budget balancing actions, the City has lost
over $110 million in property tax revenues during the last two years.
Despite the loss of these revenues, public safety has remained among the
City's highest priorities, and we have been able to maintain the Police
Department's staffing levels.
Nonetheless, given both the geographic area covered, and the number
of people served, the Department is significantly understaffed. For
example, of the 10 most populous cities in the U.S., Los Angeles ranks
among the lowest in terms of police officers per capita, and among the
highest in terms of violent crimes per capita.
Proposition 172 (Local Public Safety Protection and Improvement Act
of 1993) on the upcoming November ballot, will provide the means for the
City to fund additional police officers.
If approved by the electorate, Proposition 172 would dedicate one
half cent of the State's existing sales tax to local public safety
services. Not a new tax, Proposition 172 merely extends the existing
sales tax rate of 8.25 percent.
Faced with a current year deficit of $26 million and a projected
deficit for FY 1994-95, passage of Proposition 172 is not only needed to
fund additional officers, but also to ensure that the City's current
police staffing levels remain constant.
I THEREFORE MOVE THAT, by adoption of this motion, the Los Angeles
City Council does hereby go on record as SUPPORTING Proposition 172
(Local Public Safety Protection and Improvement Act of 1993) on the
November 2, 1993 Statewide Ballot, and URGING all voters to support
public safety in this State by casting their ballots for this measure.
I FURTHER MOVE THAT the City Clerk be directed to transmit a copy
of this action to every city council in the State.
S tember 24, 1993
PRESENTED BY:
e_a� —64 -
Laura Newman Chick
Councilwoman -3rd District
SECONDED
City of Diamond Bar Tuesday: October 19, 1993
Meeting Agenda For Page: 1
PRIVATE November 2, 1993
1. CLOSED SESSION:
Litigation - Government Code Section 54956.9
Personnel - Government Code Section 54957.6
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
INVOCATION: PASTOR ROBERT CLAYTON - DIAMOND BAR WORSHIP CENTER
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER MAYOR PRO TEM
PAPEN, MAYOR MILLER
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO AND
for their efforts in capturing a purse snatcher on
at the Lucky's Supermarket.
3.2 PROCLAIMING THE WEEK OF OCTOBER 25-29, 1993 AS "RED RIBBON WEEK"
in the City of Diamond Bar.
3.3 PROCLAMING NOVEMBER 1-7, 1993 AS "MOVING WALL" MEMORY GARDEN
MEMORIAL PARK IN THE CITY OF BREA, CALIFORNIA.
4. SCHEDULE OF FUTURE EVENTS:
4.1 PLANNING COMMISSION - NOVEMBER 8, 1993 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
4.2 VETERANS HOLIDAY - NOVEMBER 11, 1993 CITY OFFICES WILL BE CLOSED
in observance. City Offices will reopen November 12, 1993.
4.3 CITY COUNCIL MEETING - NOVEMBER 16, 1993 - 6:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
5. PUBLIC COMMENTS.
6. COUNCIL COMMENTS:
7. CONSENT CALENDAR:
7.1 APPROVAL OF MINUTES:
7.1.1 REGULAR MEETING OF SEPTEMBER 21, 1993 - APPROVE AS SUBMIT
7.1.2 ADJOURNED REGULAR MEETING OF SEPTEMBER 28, 1993 - APPROVE
submitted.
7.1.3 REGULAR MEETING OF OCTOBER 5, 1993 - APPROVE AS SUBMITTED
7.2 WARRANT REGISTER: APPROVE WARRANT REGISTER DATED NOVEMBER 2,
1993 in the amount of $
City of Diamond Bar Tuesday: October 19, 1993
Meeting Agenda For Page: 2
PRIVATE November 2, 1993
7 -
7.3 TREASURER'S REPORT St MONTH OF AUGUST, 1993 - RECEIVE & FILE.
y -y�
7.4 PLANNING COMMISSION MINUTES: J
7.4.1 REGULAR MEETING OF AUGUST 9, 1993 - RECEIVE & FILE
7.4.2 REGULAR MEETING OF AUGUST 23, 1993 - RECEIVE & FILE
7.4.3 REGULAR MEETING OF SEPTEMBER 13, 1993 - RECEIVE & FILE
7.5 NOTICE OF COMPLETION - HERITAGE PARK COMMUNITY CENTER
7.6 CLAIM FOR DAMAGES - FILED BY PRISCILLA MARQUEZ, JESSICA MARQUEZ,
MICHAEL LOPEZ AND GILBERT LOPEZ on September 27, 1993.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk Manager.
7.7 BOND EXONERATIONS:
7.7.1 GRADING CASH BOND POSTED FOR 23970 RIDGELINE ROAD - THE
desires to exonerate the cash bond posted for grading
of a tennis court located at 23970 Ridgeline Rd. in
the amount of $1,728.
Recommended Action: Approve and accept work competed
and exonerate the cash bond posted.
7.7.2 GENERAL INSPECTION SURETY BOND POSTED FOR TRACT 36741 (MO
CONDOMINIUM COMPLEX) - The Cityres to exonerate
Surety Bond No. posted for genera inspection of
Bodega Way and Colombard Ln. (private streets) in the
amount of $
Recommended Action: Approve and accept work completed
and exonerate surety bond posted.
7.8 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
DIAMOND BAR SUPPORTING THE EAST SAN GABRIEL VALLEY CONSORTIUM
- Troy
Recommended Action:
7.9 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR D -SUPPORTZ= 6 F'
PROPOSITION 172 (LOCAL PUBLIC SAFETY PROTECTION AND
IMPROVEMENT ACT OF 1993) ON THE NOVEMBER 2, 1993 STATEWID
BALLOT -
Recommended Action:
8. OLD BUSINESS: „
City of Diamond Bar
Meeting Agenda For
PRIVATE November 2, 1993
8.1 STATUS REPORT ON AB 939 -
Recommended Action:
CA m rY
8.2 TRAFFIC & TRANSPORTATION VACANCY -
Recommended Action:
Tuesday: October 19, 1993
Page: 3
8.3 AWARD OF CONTRACT FOR ON-CALL LANDSCAPE -
Recommended Action:
9. NEW BUSINESS:
9.1 HOLIDAY SHUTTLE CONTRACT -
Recommended Action:
X9•.2 QUITCLAIM BY BRAMALEA LTD. TO THE CITY OF DIAMOND BAR OF PROPERT
LOCATED ON LONGVIEW DRIVE NORTH OF ST. IVES COURT -In 1988
when Tract 42568 was approved by L.A. County, the
Owner/Developer Bramalea Ltd. offered to dedicate Lot 85 to
the County for park purposes. However, the legal paperwork
involved in this transaction was never finalized. Bramalea
now wishes to quitclaim this lot located on Longview Dr. to
the City.
�. Recommended Action: Accept Lot 85 of Tract 42568 located on
Longview Dr., north of St. Ives Ct. and authorize the City
Clerk to sign and record the Quitclaim.
9.3 BUDGET AMENDMENT -
Recommended Action:
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
! t,
LjRAFY
City of Diamond Bar Wednesday: October 27, 1993
Meeting Agenda For Page: 1
PRIVATE November 2, 1993
1. CLOSED SESSION:
Litig,tion - Government Code Section 549569�
Pers o nn e - Government Code Section 54957.6 4- 0-
Property Acquisition - Government Code Section 54956.8
�y BramalQ3 Ltd. on Longview Dr.
north of o� 77'=
St. Ives Ct.
2. CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR MILLER
INVOCATION: PASTOR ROBERT CLAYTON - DIAMOND BAR WORSHIP CENTER
ROLL CALL: COUNCILMEN MACBRIDE, FORBING, WERNER�MAYOR PRO TEM
PAPEN, MAYOR MILLER
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO AND
for their efforts in capturing a purse snatcher on
at the Lucky's Supermarket.
C ING E EE F OC 25-2 , 1993 A I K"
1<�`in the C of Diamond Bar.
3.3 PROCLAMING NOVEMBER 1-7, 1993 AS "MOVING WALL" MEMORY GARDEN
MEMORIAL PARK IN THE CITY OF BREA, CALIFORNIA.
4. SCHEDULE OF FUTURE EVENTS:
4.1 PLANNING COMMISSION - NOVEMBER 8, 1993 - 7:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
4.2 VETERANS HOLIDAY - NOVEMBER 11, 1993 CITY OFFICES WILL BE CLOSED
in observance. City Offices will reopen November 12, 1993.
4.3 CITY COUNCIL MEETING - NOVEMBER 16, 1993 - 6:00 P.M., AQMD
Auditorium, 21865 E. Copley Dr.
5. PUBLIC COMMENTS:
6. COUNCIL COMMENTS:
7. CONSENT CALENDAR:
7.1 APPROVAL OF MINUTES:
7.1.1 REGULAR MEETING OF SEPTEMBER 21, 1993 - APPROVE AS SUBMIT
7.1.2 ADJOURNED REGULAR MEETING OF SEPTEMBER 28, 1993 - APPROVE
submitted.
City of Diamond Bar Wednesday: October 27, 1993
Meeting Agenda For Page: 2
PRIVATE November 2, 1993
7.1.2 ADJOURNED REGULAR MEETING OF SEPTEMBER 28, 1993 - APPROVE
7.1.3 REGULAR MEETING OF OCTOBER 5, 1993 - APPROVE AS SUBMITTED
7.2 WARRANT REGISTER: APPROVE WARRANT REGISTER DATED NOVEMBER 2,
1993 in the amount of $
7.3 TREASURER'S REPORT:
�/3.1 MONTH OF AUGUST, 1993 - RECEIVE & FILE
7.3.2 MONTH OF SEPTEMBER, 1993 - RECEIVE & FILE
7.4 PLANNING COMMISSION MINUTES:
.1 REGULAR MEETING OF AUGUST 9, 1993 - RECEIVE & FILE
,?�4.2 REGULAR MEETING OF AUGUST 23, 1993 - RECEIVE & FILE
,7�4.3 REGULAR MEETING OF SEPTEMBER 13, 1993 - RECEIVE & FILE
,�7-14.4 REGULAR MEETING OF SEPTEMBER 27, 1993 - RECEIVE & FILE
7.5 NOTICE OF COMPLETION - HERITAGE PARK COMMUNITY CENTER
Recommended Action:
7�CLAIM FOR DAMAGES - FILED BY PRISCILLA MARQUEZ, JESSICA MARQUEZ,
MICHAEL LOPEZ AND GILBERT LOPEZ on September 27, 1993.
Recommended Action: Reject request and refer matter for
further action to Carl Warren & Co., the City's Risk Manager.
7.7 APPROVAL OF LOT LINE ADJUSTMENT BETWEEN LOT NOS. 54 AND 57 OF
CT MAP NO. 28258 LOCATED AT 20215 DAMIETTA DR. AND 1124
CALBOURNE DR. - This Lot Line Adjustment has now been
submitted to the City for approval.
Recommended Action: Approve the Lot Line Adjustment,
authorize signature of related documents and direct the City
Clerk to process for recordation.
Recommended Action:
7.9 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR IN SUPPORT OF PROPOSITION 172 (LOCAL
PUBLIC SAFETY PROTECTION AND IMPROVEMENT ACT OF 1993) ON THE
NOVEMBER 2, 1993 STATEWIDE BALLOT -
Recommended Action:
City of Diamond Bar Wednesday: October 27, 1993
Meeting Agenda For Page: 3
PRIVATE November 2, 1993
7.10 RESOLUTION NO. 93-XX: A RESOLUTION OF THE CITY
COUNCIL OF THE
CITY OF DIAMOND BAR REQUESTING CERTIFICATE FROM
FCC RE CABLE
RATES -
Recommended Action:
�.1
ESO ION NO 93-XX: RESOL ON OF E CI
C CIL
Y OF ON B H CLAS AT OR
SERVICE POSITIO S -
Recommended Action:
8. OLD BUSINESS:
8.1 STATUS REPORT ON AB 939 -
Recommended Action:
-8.2 TRAFFIC & TRANSPORTATION COMMISSION VACANCY -
f.A4 Recommended Action:
8.q AWARD OF CONTRACT FOR ON-CALL LANDSCAPE -
Recommended Action:
�3fa�t 1
9. NEW BUSINESS:
9.1 HOLIDAY SHUTTLE CONTRACT -
Recommended Action:
BUDG AMEN ENT -
Ij
Recommended Acti
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
MEMORY GARDEN TO HOST
VIETNAM VETS MEMORIAL
Brea, California 92621-3086
Telephone (714) 529-3961
(310) 694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. oil November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and lie was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; lie wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. The
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The "Moving Wall" will be open to the public 24 hours a day.
November 1st through' 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an 'Avenue
of Flags' on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those kti,tio have served their country... Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. 1:acli flag was given by a grateful nation to the family of a veteran at the time of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Ortiz, Memorial Counselor, Memory Garden , Korean Veteran
Mortuary • Mausoleum • Cemetery • Crematory • Columbarium
I
THE MOVING WALL
VIE1[`N;.@1T'iI h% ElC"ERANS
MEMORIAL
SPONSOR HANDBOOK
Reprinted i2/"91
1987 VOV. LW
This handbook is dedicated to Pcgi Donovan, who served as a volunteer at
the Victnam Veterans Memorial in Washington, D.C. since the dedication in
November 1982 assistinL visitors in locatlnL names of their loved ones listed
on the Wa11 and in many other ways, and was a founder of Friends Of The
Viclnam Vctcrans ivlcnaorial, a Wasllin;lozl, DC based ;roup. Izl 1986 Pebz
V,sited the Tvloviu;; Wall for the first time during the Chicago Wcicomc home
Vietnam Vctcrans celebration, and subsequently spent as nlucll time off froze
her job to assist sponsors in various COmnlunitzcs hosting the Movies Wall-
Pegi, having; identified a real ncccl, look it upon herself to put (ogclhcr the
questions and ideas appearing in this handbook so that all future sponsors of
the Moving Wall could be as well prepared as possible, zn the hopes of
malting each display of the Moving; Wall the best any coulniuzlily could hope
for.
1tz l;cbru.ary 1991, Pc9I passed away, and many thousands of people
-World)Vicic lost a good friend. l fccl very fortunate to have had the
opportunity in My lifclicuc to pave act Pcsi Donovan, and extremely fortunate
that she became involved with t1zC Moving Wall.
Slac was truly azo Aalcrican patriot.
Hopefully, this small booklet will answer most of your questions about
what it takes oa the sponsors' part to host the Memorial's visit to your
communily, what it lakes On our part, as Nvell as some facts and statistics that
will be useful in your publicity to let the community know of your plans -- an
extremely inapor(ant aspect of the sponsors' role.
It is strongly recommended that you, as sponsor, make this handbook
available to each and every person who will volunteer at the Wall to help
people locate names. The volunteers arc asked many questions, and it is
always appreciated by the person asking the question to get the correct
answer.
I -would also like to express my gratitude and appreciation to all of the
past, sponsors of the Moving Wall who have each contributed to this project
in many uncounted and unackuowJr_d,ccl ways, and whosc association in my,,
life has been truly rewarding.
I have often been asked "Who owns the Moving Wall?" -- at times it
seemed a rather slran;c question. If someone imcnnpted to steal it, or damage
it, there is absolutely no doubt in my wind tbat the "owners" would come
forward very quickly. ler nay mind, anyone -who has ever walked up to the
Moving '\Vall is pari owner ,for each person has left a litt.lc of lhcrinsclvcs and
taken with thein a little of what they found lucre. To walk up to the Vietnam
Vc(crans Mcnnorial or i[s cxtcLnsion in the M.oviw, Walt is profoundly a
religious experience. Profoundly an Annerican cxpericncc. Profoundly a
human experience. Profoundly a lovinf; experience because
"GRLATLlt t.OVL'. HATE NO MAN: THAT IIL LAY DOWN HIS L.11"E' FOR ITIS FRIENDS"
In Peace and Patriotism,
John Devitt
Chairman, Memorial Fund
Vietnam Combat Veterans, Ltd
TABLE OF CONTENTS
PART I: Preparation and Logistics
Purnone.................................................... 1.1
The Site Location ...........................................
1.2
Landscaping................................................
1.3
Directory of Names ..........................................
2.1
Food for Volunteers ........................................
2.2
Tent.......................................................
2.3
Information Tables .........................................
3.1
Communications .............................................
.....................
3.2
Wheelchairs ................................................
3.3
Cot........................................................
3.4
Water/Coffee................................................
3.5
Restroom Facilities ........................................
4.1
In Case of Rain ............................................
........ .....
4.2
Assembling/Disassembling the
Moving Wali ...................
4.3
Artifacts...................................................
4.4
Signs......................................................
5.1
RoadSigns .................................................
5.2
Flagpole...................................................
5.3
Lighting...................................................
5.4
Maintenance/Groundskeepinr..................................
5.5
Publicity ..................................................
5.6
Drochures/Programs.........................................
6.1
Final Note .................................................
6.2
PART II: Questions and Ans.,,crs
Who formed the Vietnam Veterans Memorial in Washington, DC.. 7.1
Who conceived the Moving ,1x11 ......I .......................
7.2
What is official name of Moving Wci11 .......................
7.3
When ::as project begun .....................................
8.1
When vas construction com1pleted ............................
8.2
Who financed Moving Wall ...................................
8.3
What arc the dates on Wail .................................
9.1
What are the dimensions of Moving Wall
.....................
9.2
Which is East, which is West ...............................
9.3
What are bottom numbers .................................
9.4
What are the dots ...... '... ............................
10.1
Other symbols .............................................
10.2
What materials used for Moving Wall .....
........ .....
10.3
Original process ..........................................
10.4
PART III: Miscellaneous information and Addresses
What happens to artifacts
Address for Moving wall ................... 11.1
11.2
Addresses
for POW/MIA Information......................... 11.3
Where to Obtain Information About The
M.I.A. Whose Bracelet You Wear ........................ 12.1
For National Park Service brochure 13.1
To Obtain Military Unit Information ....................... 13.2
To Obtain Directory of Names 13.3
PART IV: About the Names
Total Number of Names
Any Civilians 14.1
Now were Names Obtained 14.2
14.3
Names that Have Dee Added ................................. 14.4
How Are Names Listed on wall
Number of women 15.1
Number of Chaplains 15.2
15,3
PART V; The Story
The Moving Walls: The Story
Written by Adam Rome/Wichita Eagle -Deacon ............. 16
PART V: Flag Etiquette
General Display 18
Indoor Display............................................. 19
Half -Staff .......... ........... I ........ I., .......... 19
PART VI: Past Displays I
List of Communities Hosting the Moving Wall ................ 20
PART VII: Name Rubbings
General instructions .............................. ........ 21
Samples ........................... 422
Name Rubbing Master Forms ............ ** .......
....... I ....... 23
PREPARATION and LOGISTICS
PURPOSE
Let the people in the community and the entire surrounding
area know your purpose in bringing the Moving Wall to the
community. This is one of the sponsors' most important tasks. Dy
bringing the Moving Wall into your community, you arc giving many
people an opportunity Ulcy might ot:hez-`.'✓isc never be given 11-1
their lifetimes.
Regardless of what your main purpose is, this event- will
significantly affect and benefit veterans and non -veterans alit<c.
One person should be designated as the liaison between the
sponsor and the media. This will eliminate people giving 'the
wrong information to the media. This one spokesperson -.lzould be
the only one who has the authority to spea)< with L" - various
media representatives, arid can then direct the media to which
person they can interview, etc. for particular aspect -0 of t:zc project.
THE SITE LOCATION
A grassy, par)<-lil•:c area with trees, if possible, ;s an appropriate
location for the Moving Vlall. Besides being acsthCtically pleasing , a
park -like setting is more conducive to serenity and contemplation.
The structure itUcL is braced v✓ith supports that need to be staJticd
approximately 18 inches into ttjc ground. For t.zis rca son , the Moving
Wall may not be set-up indoors.
LANDSCAPING
Several previous sponsors have had landscape designers, florists,
etc. , come in and line each end of the waL with shrubs, small trees,
and flowers. Most of tlicsc services and plants were donated for the
duration of ti -ie Moving Wall's stay• It really adds to the beauty and
simplicity of the Memorial. You can most 1 -i) -,Cly get these items on loan
or donated by the various busincssc3"'Jho would li.kc to participate in
the Moving wall project.
Page 1
THE DIRECTORY OF NAMF,S
In order to assure that you have enough copies of the Directory of
Names on hand in the event of large crowds, you may wish to order
Your own additional Directories. The Memorial Fund will bring
Directories, but they are limited to the number they are able to carry
as they must have copies for each location throughout the year.
The more people who handle the books, the faster they wear out
and lose page,,. It is recommended that your volunteers look up name. -
for people in the Directories, as this will help to minimize the
handling and help the books last through the display period.
If you have access to a computer with a hard disk with at least 6-8
megabytes of free space, the Directory of Names is available. If you axe
interested in using the database that we have, write to the VCV office
for further information.
FOOD FOR THE VOLUNTEERS
Several past sponsors have had the community provide free meals to
the volunteers. Usually the food is donated after fraternal or civic
organizations and businesses (such as the Elks Club, Lions Club,
McDonald's, etc.) are asked if they would -help support the Moving
Wall project.
\ It is recommended that you appoint a "Supply Officer" who can be
responsible for getting a team of people together to get word out before
the Moving. Wall arrives. The Supply Officer and his/her team should
be responsible during this week for bringing in food.
This is what really maRcs the Moving Wall a true community project
the spirit of sharing and giving.
TENT
It is suggested that arrangements b- made to have a large tent or
canopy at the site. This can be used for the main command post. A
canopy, or tent with side: rolled up' (wcaLl-ier permitting) is more
inviting to visitors to come in for information. This can be a project
where you can have a corporation, or perhaps a military unit,
donate the use of a tent or canopy in order to )ceep your expenses
down. It is a good idea to have some type of shelter available in case
of bad weather.
A hcaLer should be provided if the evenings are li)cely to be*cool.
Tables and chairs for the volunteers, with additional chairs for
visitors, should be available.
Page 2
INFORMATION TABLES
Information tables should be set up inside the tent as we11 as
outside, located on what you think will be the main "path" from
parking to the Wall. Several suggested items on the infor-
mation tables arc: Vietnam Veterans Memorial Directory of Names;
brief question and answer sheet for easy reference for volunteers
who are asked a question about the Memorial but are unsure of
the correct answer; pads for writing down the name, panel number
and line number; name rubbing paper and pencils or crayons; layout
of the Wall so visitors can be shown which area of the Wall a
name is located; a listing of people from your state who are listed
on the Wall; a listing of the MIA's from your state.
One item on each table that should be visible and easily
accessible is a box of Klcenck .
Not allowed on the information tables are any literature or material
promoting any organization or materiel which seeks contributions for
some other project not directly related to the Wall's visit.
COMMUNICATIONS
If there is not a telephone for local calls nearby, you might
think about having one temporarily installed in the tent. 'Telephone
companies have donated the labor and use of a free telephone line
during the wcok.
Keep a list Next to the telephone of the key individuals to contact
in the event of emergencies.
If a telephone is not available or feasible, two-way radios should
be made available for communication with emergency services in case
they are needed.
WHEELCHAIRS
Have at least one wheelchair available. A local hospital can provide
one or two wheelchairs for the week_
COTS
At least one cot should be available in the tent that can be used in
case of emergencies, and for volunteers to rest if desired.
WATER/COFFEE
Water and coffee should be provided in the tent for the volunteers.
However, some people will experience distress at see_ind a name on the
Wall, and it helps to have them sit down, have a cup of water or
coffee, and relay among friend,. '
Ice should be available as well.
Page 3
RESTROOM FACILITIES
If there arc no buildings close by for public use, portable
chemical toilets will be needed.
WHAT TO DO IN CASE OF RAIN
Have on hand or available on short notice: wood chips, straw,
or artificial grass. Any of these can be placed in front of -the Memorial
where people walk. Walking on grass in heavy rain where drainage is
Poor quickly brings mud to the surface.
ASSEMBLY / DISASSEMBLY OF THE MOVING WALL
The new structure and design of the Moving Wall requires less
,effort in assembly and disassembly than the original structure. The
Optimum number of helpers is ten. However, if someone specifically
Offers to help, do not turn them away for fear of too many. Dcviffs
concept was to make this a "community Project", letting people do
whatever they could as their contribution towards the project.
It takes approximately four hours to as scmble the Moving Wall.
Decause of the vast number of people who have handled the Wall, and
the vast number who will handle it aitcr it leaves your community,
great care should be given in handling each and every item of the
structure. The slower the helpers work°; the greater attention to
detail and care they will dive, thereby assuring that the Wall will look
as :fine as it should when completely erected. Listen carefully to the
instructions, and ask questions you might have during assembly. All
helpers will be briefed by the Moving Wall crew prior to handling and
assembling. Tools are brought with the Wall, but if there are si:: or
more helpers they may wish to bring their own. The only tools needed
to assemble and disassemble the structure are: 7/16 socket or nut -
driver; 7/16 wrench; claw hammer; and a sledge hammer.
Disassembly of the Moving Wall should be performed by the same
individuals who set it up, if possible. Disassembly takes about 1 1/2
hours.
ARTIFACTS LEFT AT THE MOVTNG WALL
When the Moving Wall is disassembled, all the items are collected
and preserved by Vietnam Combat veterans, Ltd. Put letters, poems
and photographs in small plastic bads to ):cep them dry.
Page 4
SIGNS
A sign that reads : "No Pcts, No Food, No Smoking" should be
posted near the site.
ROAD SIGNS
Several sponsors have made signs to direct people to the site. In
Ashtabula, Ohio and in Jacksonville, Flozida the Depar'cment of
Transportation made regular highway signs and put them on the
Interstates. They should go up the morning the Moving Wa.11 is due to
arrive.
FLAGPOLE
It is, suggested that you fly the American flag and the POW/MIA
flag, as well as your state flag if you wish. If a flagpole is not
aiready available, one can be made and installed inexpensively.
LIGHTING
The Moving Wall should be lit all through the night for visitors as
well as security. The local electric company could donate the labor and
use of a free temporary line. In some areas the National Guard has
provided portable halogen lights." = _
MAINTENANCE AND GROUNDSKEEPING
Volunteers should be willing to keep the area free of litter, and can
assist in cleaning the Memorial panels. Before wiping the sur -face of the
Memorial with anything other than water, check with the Moving Wall
personnel.
PUBLICITY -i*
As mentioned before, one of the more critical items in preparing for
the Wall's visit is getting the word out to the community.
In giving out media packets, it is important to clearly state who the
sponsor is, reasons for bringing the Wall, and also a clear and concise
description of the Moving Wall, who built it, why, etc. It is an
extremely important story, and many times it has been overlooked.
People should never walk away from the wall thinking that the
government paid for this project, or some corporation sponsored it.
The story is important, not to glorify individuals, but to d(,monstratc
the spirit and commitment the people of this countr," have.
Page 5
BROCHURES / PROGRAMS
Most sponsors in the past have printed up brochures, or
Programs, which are handed out to visitors to the Moving Wall
throughout the week. This decision is entirely up to the sponsor, but
it can be a way for the sponsor to list the main individuals and/or
companies who have made the necessary contributions in sexvices,
money, and experience in bringing the Moving Wall to your community.
This information usually makes up the last page. The :Front page, or
cover page, of your brochure should state the dates and location of the
Moving Wall, and the other pages should list the any dates and times of
ceremonies throughout the week.
Because of Printing costs, some have used the brochure as a
program for the opening ceremony, with the interior information
listing times and speakers at the event. These programs were
handed out during the entire week, even though they only covered
the opening ceremony.
CEREMONIES
It is entirely up to the sponsor as to how many, if any,
ceremonies to have throughout the week. Typically, an opening
ceremony is held within the first couple of days, usually lasting 45
minutes to an hour, in which welcoming remarks arc made,
introduction of dignitaries, acknowledgments of sponsors, and relating
to the public the story of the Moving Wall. This is followed usually by
a laying of wreaths, retiring of the Colors, and taps.
If You wish to have John Devitt speak regarding the Moving Wall,
feel free to ask. If his own schedule Permit,-, he is usually willing to
speak at any ceremonies or to school or civic organizations throughout
the week.
FINAL NOTE
It is important to maintain a dignified and respectful atmosphere, at
all times, at the Moving Wall. This means staying in control of who and
what is going on at the Wall, and not be afraid to tell some people no.
Unfortunately, an event like this brings out people who want to do
things not in line with the purpose Of the Moving Wall. This includes
those who want to publicize themselves, :,ell things or promote their
causes and projects_ Fortunately, they arc few.
The Moving Wall was constructed for the sole purpose of
SHARING.
Page 6
QUESTIONS and ANSWI�*xs
Who formed the concept of the Vietnam Veterans
Memorial in Washington DC?
The Vietnam Veterans Memorial was conceived by Jan Scruggs,
who served in Vietnam from 1969-1970 as an infantry corporal with
the 199th Light Infantry Brigade. He wanted the Memorial to
acknowledge and recognize the service and sacrifice of all who
served in Vietnam. The Vietnam Veterans Memorial Fund, Inc.
of
incorporated on April 27, 1979 in Washington, DC by a group
Vietnam veterans: Jan Scruggs, President of VVMF; Robert Doub-ak,
Project Director and later as Executive Director; John Wheeler,
Chairman of the Board. Jan Scruggs lobbied Congress for a two -acre
plot of land in the Constitution Gardens. Significant initial support
came from Senator Charles Mathias, Jr. of Maryland and Senator John
Warner of Virginia. On July 1, 1980 President Jimmy Carter signed
the legislation to provide a site in Constitutional Gardens near the
Lincoln Memorial. It was a three and a half year task to build the
Memorial and to orcl-lestrate a celebration, under the direction of Sandie
Fauriol, to salute those who served in Victnan . The Memorial wall
was designed by Maya Ying Lin and was dedicated on November 13,
1982. The sculpture created by Frederick Hart called the "Three
Servicemen" was unveiled on November 8, 1984.
Whoconceived the idea of the Mov�nq Wall.?
The concept of building the Moving Wall grew out of discussions by
John Devitt, Gerry Havcr and Norris Shears, Vietnam veterans from
California, concerned with what they might possibly do to somehow
"
keep alive" and share the powcr and good that Devitt had experienced
While attending the dedication of the Vietnam Veterans Memorial in
Washington, DC. At first, it was decided to build a replica and
display it on the West Coast so that people who lived so far from the
Capital might have a chance to experience the wall. While in
Washington, DC in' February 1983, John Devitt was explairdng his
project to several other veterans. One exclaimed, "What a great idea'. Is
this going to be portable?" Not wanting any ,negatives" attached to the
project, John simply nodded and replied, "Yeah, it's going to be
portable."
What is the official name ofthe Moving Wal 3.?
originally, John Devitt simply called
Memorial (Mobile) , drawing on his own
crewchicf in the First Cavalry Division
while the Moving Wall was on display at
Home in Yountville, California, the name
Page 7
it the Vietnam Vetcra:7s
background as a helicopter
(Airmobile) . In February 1985,
the" Statc of Cali.forr-ia veterans
"The Moving Wall wap dubbed
THE STATISTICS
What are the dates on the Wall?
1959 is the year which the Department of Defense gave as the date
in which the first American casualties occurred. The first two men
Ovnard (this name was a mis-
listed, Dale R. 13uis and Chester R. were military advisors, )--Medspelling, it should have read "Ovnand" )
on July 8th in Dien IIoa while watching a movie in a mess tent.was
However, after the dedication ofmehe had been } Memorial inveinlled bactio 82, 1J 957
learned that a Captain Harry Ca
His name has subsequently been added to the Memorial, but it was
impossible to change the 1959 date to 1957.
1975 was the year the last 13 casualties occurred. The 13 were
casualties on May 15th during the operation to rescue the U.S.
freighter Mayaguez and its crew.
What are the dimensions of the Iliovi.nq Wall?
Overall length of the Moving Wall is 252.83 feet, coninmposed of 74
separate frames, each frame
thentaientir gWall atwo res126c5 f at n ength, Panels; each of
the two walls that malte up
which is slightly longer than hall the length of the Memorial in 493.5
Washington, where each wall is 246.75 feet, es, ll whiillength e being test
feet. The tallest panels have 137 lines of names, on each line, but
panel has one line. Originally there were Sive namessoma
with the addition
wall pre mes, in height (ies on Washington,1w -lave six latl the center the
vertu: , t
arc 10.2 feet in height) .
Which Wall is East which i.F West?
the East Wall is always to your right,
with 1959 at top, no number at
with panel 1W (thc panel with 1975 at
When facing the Moving Wall,
starling with panel lE (the panel
bottom). The West Wall, starting
the bottom) is to your left.
What are the numbers at the -bottoms of the panel F?
The numbers identifying each panel are used in locating a name,
much like page numbers in a book . The numbers for both East and est
Walls stazt out from the center of U�c Memorial to the far ur panels on eachJith the
end are
number 70E or 70W at the ends. The a to to ax dstic design and are
blank. These blank panels merely
not locations for adding additional name--.
Page 9
What are the dots?
The white dots are used to help locate e
appearsthline on which a
name , and are particularly helpful when looking for a
name on the large panels. Each dot marks 20 lines. The dots are
located in the margin of each panel having at least 20 ]incl.
What are the s mbols beside the names?
The diamonds and pluses indicate whether a
dead (including those who died from accidents ad
or those missing. The diamonds indicate that nd natural causesperson is confirmed
a person's death was
confirmed. The pluses indicate that a person remains missing and/or
Prisoner of war, and are in no way meant to be a religious symbol. A
Plus symbol can be turned into a diacr,o7d if a person is declared dead
will i their remains are recovered. A circle symbolizing the "circle of life"
be inscribed around the plus if a person is brought home alive.
What is the Movin Wal]. made of?
Originally made of black Plc>dglass panels mounted to a plywood
and lumber frame, then reconstructed after two and onc'--half years
switching to formica laminated masonitc pan cls, the Moving Wall has
recently been rebuilt. The Moving Wall is now made of .100" thick
aluminum panels, with a surface allodined and electro -painted a gloss
black which gives a mirror like
frames. condifinish, mounted on angular aluminum
weather condition_-
of the amount of handling and the extreme and varicd
ns the structure was subjected to, it was .finally
decided to use aluminum panels, giving tiic-tructure the necessary
durability so. that it Would continue to look like the original structures
when they were new. The entire structure is supportcd from the back
by 74 steel square -tubular braces.
How was the r.ocess in
itiali done?
Aftcr attempting several methods that proved unsatisfactory,
John Devitt called Jan Scruggs and told,him that his various attempt --
had
failed to produce the one thing Jol-kn saw as crucial: clarity of the
names. I -Ie informed Jan that sil)tiscrccning was no
in
replicating the "look", but the cost of type -setting nearly 5£3, n
names was prohibitive. I -Ie asked to "borrow" the negatives that the
00
original stencils for the
approvedWall in Washington were made from. Jan
, and the stencils were loaned to John by Cooper -Lecky
Partnership, the architectural firm that supervised the construction of
the Memorial in Washington. The process John u.,,cd for making the
silkscreen stencils was similar to the process used i
original stencils. n_ malking the
Page 10
MISCELLANEOUS
What happens to the articles left at the Memorial by friends
or relatives?
The artifacts, which people lc 'ave just as they have done zn
Washington since the beginning, arc collected, boxed, and marled at
each location then taken back to San Jose, California. They are
temporarily stored in the Memorial Fund's warehouse/office Complex-
When
omplex.When the Moving Wall has fulfilled the needs for which it was created, a
permanent site will be developed, landscaped as in Washington. A
museum will be built at the site, and all the artifacts that had been
left at the Moving Wall will be displayed in glass cases below each state
flag of states where the Wall visited.
Who can I contact if I have any questions about the Movinq
Wall and it's display schedule?
All questions concerning the Moving Ggall can be addressed to:
Vietnam Combat Veterans, Ltd.
ATTN: Memorial Fund
1267 .Alma Court
San Jose, CA 95112
This is the principal office and place of business of ti.-Ic Memorial Fund
of Vietnam Combat veterans, Ltd. It contains an office, a shop and a
warehouse used for the maintenance and repair of the Memorial
structures and vehicles.
Where can I write to obtain the latest information on
American POW MIA's still unaccounted for in Southeast Asia?
There are several organizations and individuals throughout the
country who are actively working to resolve the issue of live
Americans in Southeast Asia. Several put out newsletters of the most
updated information and are dedicated Americans. Only a few arc listed
here:
RELEASE Foundation U.S.vctcran Ncws & Report
P.O. Box 11E31 P.O-. Box 1713
Church Street Station Kinston, NC 28501
New York, NY 10008-1181 (monthly Paper $18/yr)
Page 11
Where can I obtain current information about the M.I.A.
whose bracelet I wear?
If you wear a POW/MIA bracelet and wish to learn more about
the Person whose name it bears, you can write to LheCasualty Office of
the Particular branch of service and information will be sent. The
addresses are: -
ARMY -
AIR FORCE -
MARINE CORPS
NAVY -
LTC Steven Ehart, USIA
1-IQDA DA.AG-PES
Washington, DC 20370
Maj. Jerry Cruit, USAF
HQ AFMPC/MPCCB
Randolph Air Force Base, TX 78147
Maj. Jack Farmer, USMC
Commandant of the Marine Corps
Code MHP -10
14Q USMC
Washington, DC 20380
Gordon J. Dcicambre, Jr.
Lieutenant, U.S. Naval Reserve
Navy Department
Washington, DC 20370
Page 12
ADDITIONAL, INFORMATION
Who can I act in touch with to got a ropy of the Vietnam
Veterans Memorial (waahinc[ton, L)Ci brochure?
Write to the following:
Mall Operations/Vietnam Vctcrars Memorial
National Park Service
National Capitol Parks - Central
900 Ohio Drive, S.W.
Washington, DC 20242
Where can I find out about a breakdown of: units in Vietnam?
To obtain the "LcssonS Learned: After Action Reports" for
your unit, write to the following:
Chief
research and Rulcma)-dng Branch
Records and Management Division
Office of the Adjutant General
Alexandria, VA 22331
The reports arc available provided 12 years have passed since your
time of service so that the information becomes unclassified. When
writing, include your name, service number, the unit you were
were in Vietnam -
assigned to and the dates asci.gned while- you
;1 Virtu -un Vctrr;�n,__1Tc.m�.r.'=1.---n i.cio.CY of.
Al
A copy of the Vietnam Veterans memorial Directory of Names can
be purchased by sending a check for $23.00 (includes shipping) to:
Guest Services, Inc.
3055 Prosperity Avenue
Fairfax, VA 22031.-2290
Page 13
T14E NAMES
How many names are on the Wall?
As of January 1, 1.992 there are 58-183 name - listed on the
Memorial. Approximately 1300 of these listed are still unaccounted for
prisoners of war (P.O.W.'s) and missing in action ( M.I.A.'s).
Are there any civilians listed on the Wal]?
No, the Memorial is dedicated Lo the 2.7 million men and women
who served in the U.S. military in Vietnam.
How were the names obtained?
During and after the Vietnam war, the Department of Defense
compiled a list of combat zone casualties according to criteria set out
in a 1965 Presidential Executive Order (11216) . The Executive Order
specified Vietnam, and adjacent coastal waters as a combat zone. The
combat zone was expanded when hostilities spread, to include .Taos and
Cambodia. If the DOD considered an individual to be a Vietnam conflict
fatality or to be missing, hi.s/her name would be included. The VVMF
verifiedthe DOD list, where possible, by cross-checking it against the
casualty data provided by the individual services. Each name was then
verified by the National Personnel Records Center in St. Louis,
Missouri. After computer processing, the names were checked manually
for errors.
How many names have been added s ne, the Vi et'narn
Veterans Memorial was dedicated?
Six groups of names have been added since the Memorial wus
dedicated. The DOD reviewed each erase thoroughly before the names
were added to the official list. In group 1 (1983) there were 68 names
added; group 2 (1984) 15 names; group 3 (1986) 110 names; group 4
(1987) 24 names; in group 5 (1989) 19 aames; and in group 6 (1991) 8
names. The bulk of the names in the fist group of 68 were Marines
killed when their R&R flight crashed in Hong Kong. Those in the group
of 110 were added when the geographic criteria was enlarged to include
people killed outside the war ;cone (95 servicemen) while on or in
support of direct combat missions, and 15 men who had subsequently
died of wounds or injuries received in Vietnam. As names are add-e_d to
the Memorial in Washington, Lhey are added aU soon as possible
afterwards to the Moving Wall.
Page 14
How are the names arranged on the Wall?
They are in chronological order, according to the date of
casualty. Within each day, the names are alphabetized. For the MIA's,
the date of casually is the date they were reported missing. The list
starts and ends at the apex, beginning at the date 1959 and the
inscription on panel 1E:
IN HONOR OF THE MEN AND WOMEN OF THE ARMED FORCES OF THE
UNITED STATES WHO SERVED IN THE VIETNAM WAR. THE NAMES OF
THOSE WHO GAVE THEIR LIVES AND OF THOSE WHO REMAIN MISSING
ARE INSCRIBED IN THE ORDER THEY WERE TAKEN FROM US.
The listing goes out to the end of the East Wall (702), then
resuming at the end of the West wall (70W) and ending with the date
1975 and its inscription at the bottom of panel 1W:
OUR NATION HONORS THE COURAGE, SACRIFICE AND DEVOTION TO
DUTY AND COUNTRY OF ITS VIETNAM VETERANS. THIS MEMORIAL WAS
BUILT WITH PRIVATE CONTRIBUTIONS FROM THE AMERICAN PEOPLE.
NOVEMBER 11, 1982
Although 1959 is mar)ccd as U: ')c beginning on panel lE, .Army.
Captain Harry Cramer was killed October 2.1, 1957. He is listed on
line 78, panel 1E. His name was one of the 68 names added in 1983.
How many of the names listed -are women?
There are eight uiomen :fisted. Scvcn were Army nurses and one
was an Air Force nurse.
How many of the names listed are military chaplains?
There are 16 military chaplains Listed on the Memorial. Two were
awarded the Congressional Mcdal of Honor.
Page 15
The DIoving Malls
By Adain Romc
The work tore at John Devitt, brought
hull to tears—yet he kept at it with a heal-
ing passion.
Day after dad, month after month, Devitt
silk-screened names of the dead on black
plexiglass—'A"-high names of the more
than 58,000 American soldicis killed in the
Vietnam Nvar. Many were buddies.
Devitt tried to hide from the pain of
memory, to avoid reading the never-ending
names. He silk-screened Clic letters
backwards or upside down, but the names
wouldn't go away. "There were times Nk lien
it N% -as pretty intense;' Devitt said. "It gook
a long time"
With a handful of friends, Devitt was
building "The Moving Wall", a 250 -foot -
long replica of the Vietnam Veterans
Memorial in Washington, D.C. Hundreds
of thousands have stood before Devitt's
VYall around the country. They've left
flowers, hanchvritten notes. Thcy vc piaycd
and rcllccted and given thanks.
Devitt never thought of great crowds
during [.lie two ,years he worked on the
Original Wall replica; he just kept thinking
(rack to the une:pecLed and overwhelming
freedom lied felt at the dedication of the
black granite Memorial in Washing Lon in
1932. Iie left a wrenching burden there,
and he simply had to share Clic freedom
of the \,ball wide Scllov✓ veterans,
Five yaws later, the 38-year-olcl Devitt
:;till talks with naked emotion about his
first hours at the Wall.
He chpccLcd to hate it, to stand before
it and feel nothing.
"I'd read that it was black, and that was
a color for mourning. And that it was in
the .,round, and (:hat's a sign of sharne—
as though they were trying- to buy the
whole thing. And it wasn't designed by a
Vietnam vct;' he said.
For a while, a long white, he held back.
Standing, about a hundred dards away, he
fell: empty.
"My attitude «as'Is Lhis what we gcL?' "
he said.
BuL then Dcvitt walked up close, close
enough, to read the names.
"It made me feel something that nobody
ever mentioned in the 10 years since I'd
rl risilvr pays funnafje lO J1jc. ir!'crc dua'inq llrc ,lfuc'iuq 1 l �r5 1 tmr iu.,5uu A Ili �1Itio, :.r. arc I M`6.
been homc—and that was pride;' lie said.
"People had mentioned guilt And I tried
that, but it didn't do anything for me But
pride, no one had ever mentioned that.
And it was an overwhelming thing for me
"It was right then that I wanted every-
one that I'd ever known, whether it was
for two minutes or IO years, to see that
'fb be right there with me. then....
"It was really the first tilne since I'd left
Vietnam that I'd felt that good . . .
Lhat the sacrifices that were made were
being recognized. Publicly recognized.
"Because for so long it was ignored, like
it never happened . . . I knew some fine
people that were killed, and it was kind of
devastating. Wed always been taught
about Urs good of serving your country.
And then when we came home, we wcrc
ignored"
DevitL had planned to go to college, not
Lo Vietnam.
But he "goofed off' after i;l•aduaLing
from high school in San .Jose- By the time
he was ready to apply to collcgce he'd
missed the deadline. So he enlisted in the
Army to beat the draft
He asked to be stationed in Germany.
Six months later, he asked to he sent to
Vietnam. "I got borcd;' he explained. "And
I didn't get along real well with the first
sergeant"
That was Fall 1967, just before die war's
most hellish year.
A helicopter gunner, Devitt got caught
in the worst of the fighting during Ulc 'Ibt
offensive of February 1965. Based in
Quang M -i province, just a few miles souUi
of the der»ililzritcd lone, his company
"looked for trouble". Latcr, it. flew relief Lo
the Marines bcsWpcd for 77 days at Khe
Sanh.
Three times he was shot down. A foux"Al
time his helicopter crashed a.l'tcr the en-
gine failed. "I couldn't even begin to relate
the reality of those situations;' he said.
"The life expectancy was some ridiculous
thing. Seven seconds, or 20 seconds—tic
first time I was shot down was my second
day flying"
"FORGOTTEN WARRIORS"
POST WAS FIRST
The fiisL display of Lhe Moving Wall "vas
sponsored by Forgottcn Warriors Post 68,
7ylcr, ax., as part of the October 1084 '1},Icr
Rose hest.ival. The display, which was writ.
ten up in The N'a6o:ul i1;1JVJST Cor .IanJl CIA
1955, drew thousands of people and reams
of publicity, and much credit goes to the Post,
and to display organizers Brian `Labor, Jim-
my Ishain, Carl McClung, 'Ibnh Kin(;, Don
Mullican, and Ennis 11-inible.
Thcn in April 19GJ, his tour of duly
dnrr, he cline hnmr-
Like thousands of veLcians, Dcvitt strug- .
glcd to ft in lg,I;n. I-Ic worl(cd at one
menial job after another. Snowmobile fac-
Logy. Rubber plant Maintenance Deliverer
and cleaner of cherinical toilets.
He stayed longest at jobs wlier-c he could
work alone- But he never had much rc
sponsibility—hc didn't N,,ant to And he
borcd quickly.
He still felt the horrid stress of the war.
"\arc had an incredible amount of respon-
:;ability at 19 years of age;' lie said. Com-
inghome one had little patience for Lhc
worries of work, or ordinary life. "The ill-
tcnziity of combat makes evcl_ything else
kill(] of like '\'allays left after this?' It was
kind of a rush, so you thini( '1Aniat else is
there?' "
Often, he was unemployed.
Iie went Lhrough Counseling. It didn't,
heli,.
Then he went: U-) W,:_;hing1.on. Me almost
missed the vctc;anti reunion and Ulc ciccli-
caLion. Out, of work again, he didn't have
nioncy to travcl across lite country. But
family and friends i; ive him a plane ticket
and nioncy for weals and lodging. And he
rcLurricd to California "with cnthusiasnn,
with a real desire to do sonhcthing'.
Thcre wcrc :;o many hc:ulachcs building
the half -sized wall.
First, Devitt hoped to redo the Vietnam
VUelans Mcnlorl<j as a giant photo mural.
�Vith thrcc otilcrs, he hent back to
\'ijas}lingtorl in January 1953 to photo-
glaph the Wall.
The plan failed: When the: negatives
were enlarged, the 55,1;2 nanhcs of the
(land werc illgriblc. Tile), lead t.o ';Uil't fl'Grn
t<cnitch, so Ikv"'U collGlctcd Jarl seri ln"',
I'resideM of the 1-Ier1101'ia1 Rind ill 11':lsh
mlll.on, and :'Skcd to borrow tile- ncglLives
it had used Irl inal(ing Its phot0-sterlcils for
the grinitc Scruf rgs liked the idea and he
gave Dcvitt a copy of the blueprints too.
Thcre wcrc also money problems.
DC%iLL and his collcalrucs pooled their
savior , giving them $2,500 with whicll to
sLart. But soon, they were $13,000 in debt
"I }rad moved out of my apartment and
into ml• car beeaUSC I didn't want Lo waste
nioncy on rent; I wanted all the IllonCy 1.0
go to Lhc \Nall;' Dc\6U.said. "YOU know,
bcdtinhe rolled around, I'd try to find peo-
ple I'd hecn visiLing to sleep on dicir couch
Or sonicLhing"
Devitt wised a IiUlc money with radia
and t.clevision pleas. Then lie wcnL to the
San Jose City Council Lo ;;ct.-a ]cater ell -
die project The Council `-lecidcd
Lo conLr•ihut.c Low;al•ds flag. in ojcct.1 :ui 1
voLcd on it $16,000 contribution. Eventual-
ly, after months of wrangling, the council
also a; rr_ed to set Lhc Nall pei'nl:'unent.ly
in the City Rosc Garden atter the Mil' (v:Lti
filli5hed.
Many times, Devitt; thought of chucking
the whole project—just getting in the car
and leaving. But he ]sept to his pua-pose
"It just became sonhcthmg that was so
worl,hwhile there was a real need for it;'
lie said. "I knew how it made me feel go-
ing up to it. And the suicide rate was up
real high for vets, and nothing being
dune about it. The counseling -,�azn't work-
inL-. 7.b mc, the thing that made me feel
good i�as contact with the Wall. There Naas
nobody LcIlin, me how to feel or chat to
CIO."
A ncl the Wall has eau,ht on. In Decem-
ber, in fact, Dcvitt and his buddies built a
second .wall, bcc;:ause so many cities and
or);anizations wcrc requesting a %visit.
Now, the Wall is Dcvitt's life
I -Ie lives on the road, with the Wall. He
still doesn't have all ap,ari:mcnt in San Jose -
Norris Shears, owner of the sills -screening
shop where the Wall was built, forwards
Dcvitt's mail, along with mail for Vietnam
Colihbat Veld-ans, Ltd., the nonprofit vct-
crans' orf,-ani7aticn that Devitt and Shew.-s
belong to.
And Devitt gives everything, say friends
and acquaintances.
"'Tile gut' never cats right nor falces tilne
for himself;' says Shears.
"I-Ics jast pheaonnenal, lids totzlly dcdi-
M< Lccl to it.. in my i.hind, lie lives, breathes
,incl walla the Wall:' said l3\01jIn &-lil', who
,,let I)eviLL ciurin,; the \Pall's visit to St.
Louis and is Organizing the Wall's visit to
Wichita -
So far, Devitt, lras trucked the 1Vall to
70 cities. In each, a sponsor gives him
meals and lodging. The sponsor also pays
,$2,500 towards tiansportaLion and other
costs of 'tile tour.
He isn't preachy or selfish about his pur-
pose. "'lb me what I hope for is pretty 'r -
because illy main goal is just to
give people 1}ic opportunity—not to make
them feel sad or angry or proud, just to
give them to opportunity to feel whatever
they feel like feeling"
Of course. Devi Lt feels most for the vets
who visit, although he dopes the \Nall will
mat.t.cr to everyone who sees it-
"I
t"I don't Lhink anything• will cvcl• take
away Lhc hurl:;' he :;ays.:P.,ut at the sarmc
Lime it's :l lul. easier knov; ink UIaL dic l -Cs
somebody Lhcre to help carry it around."
lda.nr I o,ne i [t rrpol'fci'•Jcir' The 11'ichitil
Ear,'lc Garcon. 1C/(TC Ill: ,s rn lick ori * lnl 11.,1/
1Ahcnlcrl. R 1:.; reprinted IICJ'C u:;(lr. 1110
l tflll7.11C!'.; ,;('J•i1r1.S>;lorn.
EVERYDAY,.FLAG ETIQUETTE
General Display
It is the universal custom to display the flag only from sunrise to
sunset on buildings and stationary flagstaffs in the open. However,
when a patriotic effect- is desired, the flag may be displayed twenty-
four hours a day if p; operly iJlu,ninated during the hours of dar){ness.
POSitioninq of the U.S. Fla
1. When displayed either pori- ontally or vcriacally against a wall, the
union ;should be uppermost and to the flag's own right, that is, to the
observer's left. When displayed in a window, the flag should be
displayed in the same manner, with the union (or blue field) to the left
Of the observer in the street.
No other flag or pennant should be placed above or, if on the same
level, to the right of the American flag, except during church service
conducted by naval chaplains at sea for Navy personnel when the
church pennant may be flown above the flag.
No person shall display tlhc flag of the Unitccl Nations or any other
national or international flag equal, above, or in a position of superior
Prominence or honor to, or in place of, the flag of the United States at
any Place within the United States or any Territory or possession
thereof. (There is one exception to this rule, and that is to allow the
continuance of the practice of flying the flag of the United Nations in
the position of honor at,. and only at, the head quarters of the United
Nations.
2. When flags of States, cities, or localities, or pennants of societies
arc flown on the same pole with the flag of the United States, the latter
shall always be at the pca),:.
3. When flags are flown from adjacent staffs, the flagof the United
h f
States should be hoisted first and lowered last. No suclag may Placed above or to the right of the United States flag. y be
4. The flag of the United States, when displayed wzLh another flag
against a wall from crossed staffs, should be on the right, the flag --
Own right-, and it's staff should be in front of the staff of the other
flag.
page 18
5: The American flag should be at the center and at the Highest point
of the group when a number of flags of Statcs or pennants of societies
are displayed from staffs.
6. When flags of two or more nations arc displayed, they arc 'to be
flown from separate staffs of the same height. The flags should be of
approximately the same size. International usage forbids the display of
the flag of one nation above that of another nation in time of peace.
Indoor Displays
7. When used on a spoakcr's platform, the flag, if displayed flat,
should be displayed above and behind the speaker. When displayed
from a staff in a church or public auditorium, the American flag should
hold the position of superior prominence, in advance of the audience,
and in the position of honor at the spcakcr's right as he faces the
audience. Any other flag to be displayed should be placed on the left
of the speaker or the ricjht: of the audicncc.
Half -Staff
The flag, 4✓hcn ~flown at 1ial-f-staff, should first be hoisted to the
peak for an instant and then lowered to the half-staff position. The
flag should be again raised to its peak before it is lowered for the
day. On Mcmoi al Day the flag chould be displayed at half-staff until
noon only, then raised to the top of the. staff. Dy order of the
President, the flag shall be f-lown at half-staff upon the dcaLh of
principal figures of the Unitcd staLcU GovernmcnL and the Governor of
a State, as a mark of respect to their memory. In the evert of the
death of other officia,s or foreign dignitaries, the flag is to be
displayed at half-staff according to Presidential instructions or orders,
or in accordance with recognized customs or 1)racLiccs not inconsistent
with law.
In the event of the death of a present or former official of any
State, territory or pos<;cssion of the United States, the Governor of
that State, Territory or Pottsession may Proclaim that the National fiag
may be flown at half --staff.
C xcerpts from The Flag Code of The United States --
Public Law 94-399, July 7, 1976. )
Page 19
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tl 117:1 - 117/(1:: I lar, r,loln, 111
117/116 - 01:/17 I lila, 111
117/14-1177:11 Knnn. 111
112/7:' - 02/J0 Kuuui- Ill
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114/"7 - 114/14 Chnn, r, Ulrl n, II.
114/111 - 04/74 Rcyn nIJ:.1l, r7, O1i
(14/77 - ll::/(l:l 1=run k4u.l- KY
(1::/11(1-",/i6 Cain Gin.... 11. ori
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ll l:/111 - Il r:/1)J :;i. 1_u.ri,., Mo
111;01 1 - IIN/1'/ K Ctrl nln r, IA
11600 -111,177 Can. C,. i. 11)11, MN
Il r./7:1 - Ct 7/17!. Milwn., i<u u. WI
117/00 - 117/14 t„.;Un„Irn, MI
117/16 - 11717:1 ChiGn,,n. H-
2. 111
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Il fl/711 - (11171 r:
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-I 0/%1 - 111/:Irl cnln n,l,n a. l:A
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12"K - 17/77 r=1. Ln 11.1 rJ..l ..I n- M.
`-.11 .... 1 n, I" 11
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04/ 5 114/1 7 f -r.: 100111 CA
414/ l U - 114/::4 A..:r,lo. G^
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05Qn - 11!:/•!-•1 I Iuuau,n, 'Ix
111:1111 -Ila/117 Curlrnl. (;I..;:: li, '[A
Uh/ 10 - IIF,/16 Applul-,. WI
Ur./ZI -111;/::7 M.n.irnuu. CO
11%011:1 - 11%/IN W; GI,i In, K:i
0 711 7 - 111/7; Minn. ND
117/Z:1 - 1111/114 rU..lu r: Ir..l l,.. MN
111101111
Il llj 111 - 1111/74 iuUK (;ily, IA
ri"/111 - 114/111 I iu...... <:i)
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110/,11) - 1111"6 Dill :i (, rin._L'I-x
t 0111) - 111117 Allnniu ur.lu u, NM
1117:;!1 - 1 1104 1-rn::nu, (:J>
1 1100 - 1 1111; Munlu..:y. CA
INnu
-q1, n.Juln A
111/ill-III/:j1 VlU nl (>nlrn [.I C;lr, uL
N2/{I4 - 07111 ,locl<.:nnviiln- (=l_
1)::/:.7 - (1;1/04 Invurnunll- 1=l_
"WIN - JIM 4 Alh any -GA
tl:I/111 - II .1 /::4 Curr r,l llo n, CA
Ill/2. it - 114/0:) Mnr:u n, GA
N4/111{ - 14/1'1 Gro anvilln. Sc
04110- 114/::4 Anlrnvill u- NC
114/zU - 11::/112. ";lnulrq twill o. 01-1
ON/114 - 11,';/ I (1 .Inlrn uluwn- I>A
0:;/11 - ll::/I11 Nurin i{a_ VA
11:.1!7 - r1::/:11 Cu.r'ur, ti
110/114 - r11./I 7 l_inlo r4., .: k_ Ar;
116/1 7 - 411:/7:: Lonn:r
it ll1041 - 07/04 Allunlu. CiA
111/It:l - Il7/I::
(111"2.4 - 111/ I1 0r1n."1", 1-1-
ullp--u0J10 (_noir will m. K1'
00/74 - "if IN t.l .. r'I<Ir I(_ NY
11(1/all - u:,/1 4 C1n.1 1--k- IL
111/117 - 10/13 Nur("U<. P,C
1 0/1 1 •- 10/7:1 (:Inv.11nn11. ()I1
1:-11/01 -1"Iu 1.,, ()li
"VJ Jnn(1ur, AL
,l .... lul" 1.1
114/1 G>- 114/1 % , 1=r r,nr_iucn. CA
Ns/O - "!;7111 Vunr:l,nvc,, ennn.ln
115/1 / - 0::/70."N , KC:
.'
ON /,! - 116/117 1�1 .11r.ann �liC
411;1114 - 111:/1 n IJ.1'rxi. )A::
N I,JJI -111./7) Il., (:ily. t -A
N /IU., - 11/01)7 IJrr1. Ill .... a n, 11-
"7/11!1 - 117/1'.; ::1. Ira lu r... Mo
117111 - 1f //J4 (:van :will n, IN
11170/ - "ll/(IJ 1•Nn( MI
11(1/I l C'u Muinl:a_ IA
3111/14 - (INAD 0.""l.a., N1=
1."j;:4 - 3111/311 l_uvallnn'1- C:CI
II ;1/11:1 - U;I111:1 I_no Au.7 Ulu u. CA
11:111 :1 - 11!1/1:1 I">nrlu Nili,,. LKA
1 N/11:1 - -I n/(1:1 : :, I., r.., C)rl
11(111 - 1l/1J IlivNrl: itl n. CA
I I/It; - 111111 1-Inw0h urn.., C -A
I Anil
t:lrn.luln A
(17/: I:•- 111/114 l -u l.l.nGk-'ri<
li :l/111: - 11;1/17 (11101 f>ninL -Ix-
114/Il:i MU I Ir U.r inn, r=1_
11 4/ 14 - 114/::(1 C -r villa, NC
n 4l'Js - 11•:0(11 viral VA
.5"5 - ""1 1 Win r.lu n-:.:..Iu1n, NC
UN/1 I - N';/:! i (;Ir
NOUN - 11:;/-2-:1 Curn'.1_ C:A
NI;/ul -Il ll/177 Mori".,. IN
It li/7. - rll;/7 (1 ;loin Cult.. ri n, FIA
137/11::-111/110 Mnu:lur.
(1771:! - 171/10
1111:;:) - 1,7/7:1 C:rnnnli.r l.1 MA
Illi/Il i - (111/1:1 1Ill Iy. MA
till/ Ill - (111/7-4 0.....,11 t t.- N•i
Cil:/::7 - (1:1/114
":1111 -Nil/I7 Kukumn- IN
(1!1174 - l 11/111 IJ nlu r, (-luurl u- l�
I0/I I; - Irl/J7 Mulr ii n, Al -
1 1/117 - 1 1/1 1 l7 uyn,nnn- {->nur1U IliGu
.:1. n.l uln 17
1141119 - Ci411:: Lnku Cl,n.lur.. CA
114/:'ll - 114/74 Gnr.n Ci;r nrrinno- MO
Willi1 -N5M.; Trnvnrnn C:ily, Nil
05110 - 0:;117 Auru IL
lir:/(17 - II (./1111 1-:., a;r•In. rill
311:01:1 - Illi/i:, Vr,llny Glty I1U
II/1(17 -III/114 I4, r.:la(u r.l- 11_
117/41/1 - 117/1 l.nrnn,iar, VN
1111/11:1 Kny::innn, 11.40
II II/117 - 1111/1:1 Grr,1,.) (.:Inn d. N1.
ua/nc - ua/1:: nu,..l rl nnr:k. 1x
11:1/10 - 0:7/:•J V-,(.-, , C.A
113/'/1 - I N/7'J C)rnnrl.,, CIA
11011:7 - 1 I/.I:) - . (-:I:,n.nr11n- GA
11/III - I I/IJ (_:1.011 uln_ CA -
lluwt".. rr,n, CA
1�11nduln (:
I16/311 - 117/1)4 Oilt all- MI --
till/11 - 110/20 .r, .1 u:: 1;- CA
1:100
N iulluduln A
(141(12 - 114/00 .Mnihuurne, 1=1_
041:1(1 - 11:;/00 nulivili cr, GA
(i:;/1 4 - 0:;/:10 1_,lu. PA
01/2.4 - ❑:./_10 mii,nlor. 0l•/
[1 l;/(I2, - 1111/(10 l�lyonnie, MA
Ilii/ll - rl 11/17 Wliku n-qurrn, PA
116/J I) -nIVZ I. Richmond. IN
"61,10 -'ll%/116 Concord- NI -I
"07":) - fl11/1 c ME
0310 - 41:1/1 f. A1: 1,uwill n, "r-
"91i!()
C0917() - 00/76 crn-ill". 3C
I n/ll9 ' l Ill L l_ol<n Ciry, !=l-
1 Ill l 0 -'1111"_4 Vluckwnod_ -rN
11/IZ Zu hnry, CA
-c1,aduln O
04/05. - 0-1111 Alu mn_ -IX
914114 - 04/7_Z Waco, Tx -
04/::4-114/0(1 S..^
n�lolu, 'liC
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11::/11; - wq;, 1 Milpn_ l'N
01;/Z7 - Ilr./nl Nnr. .+ C:,y,
f)6/CI II -416/14 Culurndo SPrinrin, GO
Knnuon Gily, M(7
117/11 - ❑7/) % kukio, 13.
07/71 - 117 /2, I1 Ch uyn
110/07-"N/1:1 Cuiurnhuu. O1 -I
00/71 - 4111/2,J Groylin.l, MI
11:1111:: - OWN 41 1-lillnidu. II-
fl:l/1 (1 11:1/1 l: MurJr l,y: 1, rJrn. IL
1 N/17:; :i 1,, Id. Id. IL
1(1/10 -'111/11: Mu,nfJ6i�,'1-N
1 II/1 9 - 1 0/17 I_o ngviuw- TX
tl/1U- 71/24 1lawtl,n rn v, CA
1:I,nt{uiu C
0:;/1 7�- Il:;/2, r1 Anniclor., AL
41:;/2:1 - 0::/2,11 Curna. r, CA
1171m) - 1)7/7_ - Junn, CA
011/133- 0(1/1 { )311
I NUI
❑h u.l ala •.J't
0.1AZ~- 04/2❑ Cnrnun 2.1y. NV
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7 Curnur, CA
il'i/:117 - Cl6/116 1•lo m;lwn. OH
OF/7 7 - 0G/l3 Ouounn. NY
111:/1:1 - 11%/13:: 61000, N`J
U7/ria -
117/1 5 Comp :1111111,, NY
07/I :1 - 07/2_:; I_ackP
111/211 - nn/N1 1-1 l. pJY
1111/01: - (I(l/17 I''ruvi d.;nc; at_ I -ll
ON/11; -all/"LZ GUnlnu,, MA
flu"Il - 01.1/111 W.......J.•,r•. NY
11:1111:; - (1:1/11) Ilulinnr), V -r -
i N/tl:l - 11)/11:1 Vi, 11 in in (lunch. VA
1 (1/11: - 1 ()121 Alinnlu, GA
10/ZG - 11/07 st.nur-1 ., 0110 u. 1=t_
11/06 1I/IZ Mulalriu. IJt
�chudulu l7
n4/I7J - Il4/1 4 Mnlht>urnn, 1-(-
(14/17-0.1IVJ I,I�uluraNur �, I=L
04/2:1 - U::/n:; 1=01.-.
uS/1 7 - n;/:') OK
US/•''1 - (I:: J 7 I-IuunlU n, -Iii
u 131 - 110/OG Cnhukl
Il6/2.4 -Illi/:1 (1 -ru n._u rrl l,in_ AL
,I vp ll - it 7714 Ciurl.. n. Nl:
07/17 - 07/7:1 Culun,l, ., r., NI:
0//7N - (111/01 Chinhulm- MN
if 11/(14 - all/10 Mnnkulu. MN
(10714 - (111/70 `/y vii r.nli, MI
(II)/J:1 - 011/2_!1 MVunl C:IN m.:n U. MI
Ua1111 - 0:1/07 Culdw nln r- MI
1:. I',. k,,
II'I/ill - 11:1/ZO :;ikur•tu n, MO
i_"inwuo,l- KJ
11/,4 - 11 /-Ill 1 Inwll.Urr.... CJS
cl,u.l.r In C
(I I./1;1, Illi/Ill nn DlU.l u. (-�
(:llrny. C A
(11:!2_:1 - (17/(17 Au:,lin, 1-)<
IIN/":! - IIJ/0fl Window !}u tilt, AZ
NAME Rt1t DIN
Name rubbings can be taken from the Moving Wall, giving clean,
sharp renderings of the desired name when done with care following the
simple directions below.
The best results arc obtained using ablack "lumber crayon",
which are manufactured by rabcr-Castell, and resemble a large crayon,
but rather than round, they arc hex shaped. The flat edge of these
crayons- is ideal for rcndcring names from the Moving Wall. Strip the
paper from the crayon, then cut tl.e crayons into 1 1/2 - 2 inch pieces.
lUmost any tyre paper works fiT:e, cxcept slie}c tracing parer.
Typically, pr.oplc have » ;cd 20 - 2n11) copier ]?,'!)Cr, even onion skirl -
The !:;ample rubbings on the l:c>:t pale were done on 201b xerographic
paper.
The name rubbing forms included in this handbook can be
"personalircd" sorncwhat iE you desire. 1\ sample of sever. al past display
forms and how they were personalized by those sponsors are inctudc3
so you can Jct an idea. I-Iowcvcr. , the regular forms ar_c acceptable and
appreciated as well those who t, name rubbings.
GI1T CFft1'ON 1HTO 1 ]/1." - PIECES -i
Page 21
.. -''7 {� 9R@PFeYO_Y'Te'Y�fl tN'r1.'l7r Q [li .�lkl Li�lY�.. •'.•�•"� - GT�Y:Ji':iL+YrYNC:ic1.H:+,.±Icv+YN:.:.,ix.n:r.u.n w.ewn+•r -... v...ue..«,rnwvrwi'uwuw�ww.urww..w...,..w.�.w,.....,•.-._...r.....�•«,.�.�...r.+,,...,wrw•�•-•.••«•.""""""�'�'-'
in
0
C
4
M,
CD
C
n
O
Vlemam Veterans Mcmorial
� oto
0
(r, May 1968 ay 1g6Q
I,1AME:
I: ANEL: _WEST/ _EAST
;JNE NUMBER:
NAME:
(Counting Down From the 'fop)
THE MOVING WALL
Vietnam Veterans Mcmorial
to
`q S
7050 to ti7� y 7 70
Victr�am r
Veteans I\Memorial
9l 5
\
� p May 1`�G8
NAME:
r �a
May /g68 0
PANEL: WEST 1 EAST
LINE NUMBER:
(Counting Down From tho lop)
THE MOVING WALL
Vietnam Veterans Memorial
,-o
ltir�ay
NAME:
r �A
70b0 to
PANEL: WEST / _______--
EAST PANEL: WEST/ — ------ EASI
LINE NUMBER: -
(Counting Down From Iia Top)
THE MOVING WALL
Vietnam Veterans Mcmorial
LINE NUMBER: ----p)
(Counting Oown From tho Top)
THE MOVING WALL
Vietnam Veterans Memorial
� r ,
� CIES
to
koto M >o p ,r gU8 MaY rob 7�
�o May 1968 ay 7068 May 1 8
NAME:
PANEL: —
WEST/ EAST
LINE NUMBER:
(Counting Down From Otic Top,
NAME:
PANEL: WEST / --- EA�
LINE NUMBER:
(Counting Do%.+n From tho Top)
,4
vw'
Veterans _N—e— r O -,'j C, L-
Panel Location
1 ^n 4�1?
x69
Cllronolo
4�
',965
Lc of
The names on thei"Nall"
Na "are arrcz, d c �<rc la.�ailab cc to
]IcIp find the al order, accord: locQcion o �a I Ceiiic name.
Directories arrax7gc 1
Vietnam Veterans NIemorial
Panel Location
j�6,9
Cl -LI -01-1010
The names on the ,wall" arc arranged M claronolo�ical
to
order,
help
according to the
find the locati
date
of a
of casualty.
specif,c nar.�e.
Directories arranged in alphabetical
order arc available
s::)141uuivaYlvfl(uuuojgx� oy i
awl3r
MEMORY GARDEN TO HOST_
MEMORY
GARDEN
MEMORIAL
VIETNAM VETS MEMORIAL = PARK l
E MORTUARY �—
- 5a•Ct;,,tio, rit^c �l
_-
455 West Central Avenue
Brea, California 92 62 1-308 6
Telephone (714) 529-3961
(310) 694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. oil November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and 11e was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; 11e wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. 1110
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The 'Moving Wall" will be open to the public 24 hours a day.
November 1st through'7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an 'Avenue
of Flags" on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those who have served their country...Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. Each flag was given by a grateful nation to the family of a veteran at the time of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Ortiz, Memorial Couxulor, Memory Garden , Korean Veteran
Mortuary - Mausoleum - Cemetery - Crematory - Columbarium
MEMORY GARDEN TO HOST
t MEMORY
~- GARDEN r�---
-
MEMORIAL
PARK
_
VIETNAM VETS MEMORIAL i E MORTUARY 1E -
455 West Central Avenue
Brea, California 92621-3086
Telephone (714) 529-3961
(310)694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. oil November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and lie was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; he wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. 1 -he
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The "Moving Wall" will be open to the public 24 hours a day.
November 1st through* 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an 'Avenue
of Flags' on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those who have served their country ... Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. Lach flag was given by a grateful nation to the family of a veteran at the time of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Ortiz, Memorial Counselor, Memory Garden , Korean Veteran
Mortuary - Mausoleum • Cemetery • Crematory • Columbarium
MEMORY GARDEN TO HOST
_
MEMORY
GARDEN -
MEMORIAL
fGPARK
VIETNAM VETS MEMORIAL
E MORTUARY �—
�ty.
455 West Central Avenue
Brea. California 92621-3086
Telephone (714) 529-3961
(310)694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. on November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers 1A,ho died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and he was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; he wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. The
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The "Moving Wall" will be open to the public 24 hours a day.
November 1st through 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an "Avenue
of Flags" on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those who have served their country ... Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. teach flag was given by a grateful nation to the family of a veteran at the time of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Orti7, Memorial Counselor, Memory Garden , Korean Veteran
Mortuary • Mausoleum • Cemetery • Crematory r Columbarium
MEMORY GARDEN TO HOST
VIETNAM VETS MEMORIAL
t= MEMORY _
GARDEN
�— PARK
E MORTUARY �—
ra" —
455 West Central Avenue
Brea, California 92621-3086
Telephone (714) 529-3961
(310)694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. on November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and lie was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; he wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. 11le
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The "Moving Wall' will be open to the public 24 hours a day.
November 1st through' 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Meinory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an "Avenue
of Flags" on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those -,vl10 have served their country ... Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. teach flag was given by a grateful nation to the family of a veteran at the tithe of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Torn Ortiz, Memorial Counselor, Memory Garden , Korean Veteran
Mortuary • Mausoleum • Cemetery • Crematory • Columbarium
EN TO HOST '�
MEMORY GARDEN = _
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GARDEN
MEMORIAL E-
VIETNAM VETS MEMORIAL_ PARR
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MORTUARY --
455 West Central Avenue
Brea, California 92621-3086
Telephone (714) 529-3961
(310) 694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. on November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and lie was unable to settle
down to anything permanently. His restlessness was assuaged when lie visited the Vietnam
Veterans Memorial in Washington; he wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. The
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped with the initial construction.
The "Moving Wall' will be open to the public 24 hours a day.
November 1st through' 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an "Avenue
of Flags" on Memorial Day and Veterans Day, and a special section of the cennetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those who have served their country...Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. hack flag was given by a grateful nation to the family of a veteran at the time of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Ortiz, Memorial Counselor, Memory Garden , Korran Veteran
Mortuary - Mausoleum - Cemetery - Crematory - Columbarium
MEMORY GARDEN TO HOST
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- GARDEN r -_
MEMORIAL
VIETNAM VETS MEMORIAL- PARK
{�I E MORTUARY
455 West Central Avenue
Brea, California 92621-3086
Telephone (714) 529-3961
(310) 694-6571
Memory Garden Memorial Park, located at 455 W. Central Ave. will host the half-size
replica of the Vietnam Veterans Memorial located in Washington, D.C. on November 1-7,
1993. Dubbed the "Moving Wall" the replica stands 6 feet tall at the center and gradually
tapers to 3' at each end; the two walls that make up the memorial are each 126 feet long, for
a total length of 252 feet. The memorial contains 58,175 names of U.S. soldiers who died in
Vietnam. Name rubbings can be done.
The replica was created in 1983 by Vietnam Veteran John Devitt of San Jose, California.
After returning from Vietnam in 1969, Devitt's life lacked purpose and lie was unable to settle
down to anything permanently. His restlessness was assuaged when he visited the Vietnam
Veterans Memorial in Washington; he wanted others like himself to be able to experience the
depth of feeling that it had ignited in him. Plans for the "Moving Wall" were born, and
Devitt has devoted the last several years to construction and oversight of the project. `hlze
wall will eventually be permanently located in San Jose, thanks to a grant from the city that
helped Nvith the initial construction.
The "Moving Wall" will be open to the public 24 hours a day.
November 1st through' 7th, 1993
The Brea Veterans Club is assisting in providing round-the-clock security. For more
information about the Moving Wall or the Veterans Field of Honor, call Memory Garden at
(714) 529-3961.
Memory Garden has long had a special relationship with veterans. They create an "Avenue
of Flags' on Memorial Day and Veterans Day, and a special section of the cemetery is called
the "Veterans Field of Honor", reserved exclusively for veterans and their families.
THE AVENUE OF FLAGS
Dedicated to the memory of those who have served their country ... Who sought not Glory,
but their Country's good.
Memory Garden's first Avenue of Flags, May 30, 1958 displayed six flags. Today there are
over 950. Mach flag uvas given by a grateful nation to the family of a veteran at the tillie of
his passing. This unique tribute is a meaningful and dramatic reminder to all patriotic
Americans of our Nation's debt to our fighting men ... to our nurses ... to that long list of
patriots without whom there would be no America today.
Tom Ortiz, Memorial Coun-vtor, Memory Garden , Korean Veteran
Mortuary • Mausoleum • Cemetery • Crematory • Columbarium