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HomeMy WebLinkAbout02/15/1994Cit COU�Rc-tf AGENDA Tuesday, February 15, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Mayor Pro Tem Council Member Council Member Council Member Gary H. Werner Clair W. Harmony Eileen R. Ansari Phyllis E. Papen Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re cled paper and encourages you to do the same. MISSION STATEMENT The City Council meeting is the forum established to conduct the business of the City of Diamond Bar, its citizens, property owners, and businesses. The City Council has chosen to conduct its business meetings in a televised, open forum. This has been done to assure that all community members are kept informed as to the status of City business. It is the Council's objective to conclude the business stated on the evening's agenda by a reasonable hour, which is 11:00 P.M. To accomplish tonight's objectives, the City Council requests that: 1. Public comments may be directed to items of interest within the subject matter, jurisdiction of the Council, which are not on this evening's agenda. 2. Public comments be directed to the business items on this evening's agenda. 3. There are to be no personal attacks toward individual members of the City Council. Such comments are viewed as personal attacks against the entire City Council and will not be tolerated. 4. There are to be no personal attacks from an individual Council member. Such are viewed as personal attacks from the entire City Council, which are not conducive to a positive business meeting environment; and, will not be tolerated. The Diamond Bar City Council appreciates your cooperation. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 94-07 Next Ordinance No. 01(1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER ROLL CALL: Council Members Ansari, Papen, Miller, Mayor Pro Tem Harmony, Mayor WERNER 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for considerationon this agenda. Please comnlptp a Q"g%z rm -i- ---A .. _,- .. v V1Y11\.Q .-uCre s council. a five minute maximum time limit when addressing the City 4. COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - February 17, 1994 - 7:00 p.m., Heritage Community Center, 2900 S. Brea Canyon Rd. 5.2 PRESIDENT'S HOLIDAY - February 21, 1994 - in observance City Offices will be closed - Re open February 22, 1994 5.3 GENERAL PLAN ADVISORY COMMITTEE - February 22, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION COMMISSION - February 24, 1994 - 7:00 p.m., Heritage Community Center, 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - February 28, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - March 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - Approve Voucher Register dated February 15, 1994 in the amount of $266,788.70. Requested by City Manager FEBRUARY 15, 1994 PAGE 2 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of November 8, 1993 - Receive & File. 6.2.2 Regular Meeting of November 22, 1993 - Receive & File. 6.2.3 Regular Meeting of December 13, 1993 - Receive & File Requested by Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION: 6.3.1 Regular Meeting of August 12, 1993 - Receive & File 6.3.2 Regular Meeting of September 9, 1993 - Receive & File 6.3.3 Regular Meeting of October 14, 1993 - Receive & File 6.3.4 Regular Meeting of November 18, 1993 - Receive & File Requested by City Engineer 6.5 CLAIM FOR DAMAGES - Filed by Rosalinda Quesada on January 24, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.6 MEMBERSHIP OF THE CITY OF WEST HOLLYWOOD IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - The Southern California Joint Powers Insurance Authority Executive Committee, at their meeting of January 26, 1994, recommended approval of the City of West Hollywood as a member of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. Recommended Action: Approve membership of the City of West Hollywood in the SCJPIA and authorize Councilman Miller to execute the consent form as the City's delegate to the Authority. Requested by City Manager 6.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE NONDISCRETIONARY GRANT PROGRAM - In 1993, the Governor signed Assembly Bill 1220 (Eastin). This Bill provides grant funding to local governments to FEBRUARY 15, 1994 PAGE 3 establish and implement programs that encourage recycling or appropriate disposal methods for household hazardous waste. Based on household hazardous waste activities conducted in FY 1992-931, the City is eligible for reimbursement in the amount of $6,570. Recommended Action: Adopt Resolution No. 94 -XX authorizing the City Manager to submit a grant application to the California Integrated Waste Management Board for reimbursement of funds associated with the establishment and implementation of household hazardous waste programs in FY 1992-93. Requested by City Manager 6.8 NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION AT PATHFINDER ROAD AND BREA CANYON ROAD - On September 7, 1993, the Council awarded a contract to Macadee Electrical Construction for traffic signal installation at the intersection of Pathfinder Rd. and Brea Canyon Rd. Installation was completed on January 27, 1994. Recommended Action: Accept work performed by,Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion and release retention amounts per previously approved plans and specifications. Requested by City Engineer 7. PUBLIC HEARINGS: 7.1 ORDINANCE NO. 94 -XX: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS - In the process of adopting the 1991 Uniform Building codes, all L.A. County Codes were repealed, along with Chapter 99 (Building and Property Rehabilitation). To replace Chapter 99, the City's Uniform Housing Code was adopted. During the past two years, the City has experienced various property maintenance -type violations. The re -adoption of Chapter 99 would consolidate the sections on Substandard Buildings, Substandard Conditions and Substandard Property, along with Section 22660 of the Vehicle Code, as Chapter 99 also contains a provision for abandoned vehicle abatement. Ordinance 94 -XX would give the City an interim property maintenance code expanding upon the provisions contained in the City's Housing Code. This ordinance could then serve as an interim property maintenance standard until such time as the Planning FEBRUARY 15, 1994 PAGE 4 Commission completes its deliberations on the new Property Maintenance Ordinance. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony and approve first reading by title only Ordinance No. 94 -XX. Requested by Mayor/Community Development Director S. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS - The San Gabriel Valley Assn. of Cities and the San Gabriel Valley City Managerst Assn. have proposed the formation of a Council of Governments to provide cities in the Valley a regional organization for cooperative planning of government services and to assist in the coordination of federal, state and regional projects and/or mandates. Recommended Action: It is recommended that the City Council authorize the Mayor to execute the Joint Powers Agreement establishing the San Gabriel Valley Council of Governments. It is further recommended that the City Council adopt Resolution No. 94 -XX appointing a representative and alternate to the Governing Board of the San Gabriel Valley Council of Governments. Requested by City Manager 9.2 ADDITIONAL CITY OFFICE SPACE AND LEASE MODIFICATION - The City entered into a lease agreement with D.B. Business Associates (DBBA) on April 18, 1989. In 1989, Pacesetter Municipal Services leased space known as Suite 190 which contains development services, engineering and building and safety departments. As a provision of our agreement with Pacesetter, the City reimbursed them for approxi- mately 2/3 of the lease amount ($4,081.87/mo.), based upon the square footage building utilized by the City. After Pacesetter ceased operation, the City indicated to DBBA that it would want to lease this space. The City currently pays $6,667.67/mo. for Suite 100 and the lease payment for Suite 190 would be $5,707.80. The lease modification would result in an additional monthly payment of $1,625.93/mo. for nine months. The cost adjustment for the lease for Suites 100 and 190 was made in the November 1993 budget amendment. Total cost for FY 93-94 would be approximately $150,000. Recommended Action: It is recommended that the City Council approve the modified lease agreement between the FEBRUARY 15, 1994 PAGE 5 City and Diamond Bar Business Associates related to City office spaces. Requested by City Manager 9.3 COMMISSION APPOINTMENTS: 9.3.1 PLANNING COMMISSION - Appoint five new Commissioners 9.3.2 PARKS & RECREATION COMMISSION - Appoint Five new Commissioners 9.3.3 TRAFFIC & TRANSPORTATION COMMISSION - Appoint Five new Commissioners Requested by City Clerk 9.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Requested by Mayor Pro Tem Harmony 10. ANNOUNCEMENTS: 11. CLOSED SESSION: May Convene to consider: Matters of pending Litigation (G.C. 54956.9) Diamond Bar Associates v. City 12. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: / TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: L��_ Oe I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name a cl1,addre as wr'tten above. C Signature NOTE: All persons may attend Use gs and address the City Council. This form is intended to assist the Marjo to address in ensuring that all persons wishing the Council are recogn' ed and to ensure correct spelling of names in the Minutes. r 'TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: �D, 6 9�A �-- —__ S �" /� � � ��� PHONE: S I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: S ORGANIZATION: SUBJECT: I expect to address the Council on 1 Council Minutes reflect my name and .. ag Mn item. Please have the as Wjeitten above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuing that all persons wi to address the Council are recognized and to ensure correct spellingsofng r names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City --Clerk FROM: (� / l•�'� ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council onsubject enda item. Please have the Council Minutes reflect my name and(a)idress as yrVtty above. Signature NOTE: All -persons may attend meeting and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM No. DATE: TO: City Clerk FROM: C ADDRESS: 1 ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my.name and addre "s written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. ,1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Cl FROM: ADDRESS: ORGANIZATION: /A ly SUBJECT: 7-lor-1li C� / I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and adds as written above. Signature NOTE: All persons may attend form is intended to assist the mee ngs and address the City Council. This M or in ensuring that all persons wishing names in the Minutes. to address the Council are recognised and to ensure correct spelling of VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: 1-Y ADDRESS: ORGANIZATION: SUBJECT: �Fs — I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This names in the Minutes. form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City C erk FROM: �-£ / ADDRESS: ORGANIZATION: �� c ✓ 5 SUBJECT:E� p I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name an address as written above. Signature NOTE: All persons may attend eetings and address the City Council. This form is intended to assist t e Mayor in ensuring that all persons wishing to address the Council are ecOgnized and to ensure correct spelling of names in the Minutes. Agenda Item No. 9.4 oral Presentation JAMES L. MARKMAN ANDREW V. ARCZYNSKI RALPH D. HANSON JEFFREY KING D. CRAIG FOX WILLIAM P. CURLEY III MARSHA G. SLOUGH JULIA A. KEMP PAMELA P. KING HERIBERTO F. DIAZ February 1, 1994 BONNIE BAILEY -JONES Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 NUMBER ONE CIVIC CENTER CIRCLE P. 0. BOX 1059 BREA,CALIFORNIA 92622-1069 17141I 990-0901 TELEPHONE 1310) 691-3811 cli 9113 FOOTHILL 0"LEVAR4'i SUITE 2fO RANCHO CUCAMONGA,Fn;FOR. JU3O (902K 80 : 7F;= "? TELEPHONE 9 '� 190,e993 e 1 Q' 4 . ,oc". .."° ii' IN REPLY PLEAS4'^REFEtJ:3i1T1 Brea- :A C'> M Re: Your correspondence of January 6, 1994. Dear Mr. Montgomery: It is the purpose of this correspondence to respond to yours of January 6, 1994, which appears to "relay" some sort of public record request from one Terri Birrell pertaining to documents and records with regard to the non -issue of Diamond Bar Councilmember Gary Miller's involvement in the somewhat euphemistically titled "South Pointe Master Plan." As you are undoubtedly well aware, Mr. Miller, at one time, had an interest in a portion of the real property within the South Pointe Area. Having divested himself of any interest in the subject property well over one (1) year prior to the project application being filed, I provided the quite unremarkable opinion that, pursuant to the requirements and strictures of the Political Reform Act of 1974 (California Government Code H 87000, et seq.), the provisions of which I understand you are passing familiar, Mr Miller had no conflict under the law. As a result of that divestiture, and the time frame involved, it was abundantly clear to all that Mr. Miller had no conflict of interest. Yet, in an attempt on his part to ensure that "politics" did not enter the fray, Mr. Miller clearly and unequivocally announced to all and sundry that he simply would not participate in the deliberations on the project. In fact, as your self-styled "citizens group" client must recall, Mr. Miller even went so far as to totally absent himself from meetings at which it was discussed (and, while Mayor, handing over the gavel to the Mayor Pro Tempore). Those actions on the part of Mr. Miller were not only unavailing, they were virtually counterproductive. In hindsight, if Mr. Miller was to be subject to the personal abuse, venomous attacks and Michael Montgomery February 1, 1994 Page Two vituperative slurs of members of the public in any event, he probably should have participated. Your desire to serve as a conduit to the public under a purported Public Records Act (California Government Code §§ 6250, et seq.) request perplexes me. I know of no attorney representing cities in California who considers his or her files to be available to the public under the California Public Records Act. To presume that such files are available thereunder strikes me as the height of folly and would, if nothing else, eviscerate the salutary purposes of the attorney-client privilege. Moreover, to simply share, with all who have some chimerical need to rummage in the affairs of a public official, the most personal of documents, including tax returns and the like, is the antithesis of the zealous safeguarding of a client's matters required of those of us who attempt to honorably engage in the profession of law. As I have stated, with some frequency, to Councilmembers (including your erstwhile clients Ms. Ansari and Messers. Harmony and Werner) I will not, and do not, share such auricular matters with the merely inquisitive who purport to espouse a "need to know". To do so would set at naught the ability to provide thoughtful counsel to those requesting the same. We take on faith that you would not remonstrate your clients to forthrightly and candidly share all of the facts and documents necessary to a thoroughgoing analysis of the client's lot, all the while knowing that you will simply divulge the aggregate thereof to any who inquire. That approach would, doubtless, produce a client unwilling to impart, frankly, the true state of the facts since, perforce, all will be presented in the public domain and the postulate for candid analysis will be reduced to absurdity. Stated otherwise, if one's client cannot feel secure that what is conveyed to one's lawyer goes no further, there seems little, if any.point, to the exercise. The client will simply provide a factual presentation that puts him or her in the best light or, worse, will enshroud the pertinent data all with the deleterious effects as have been visited upon others unable or unwilling to confide in their counsel the unvarnished truth. The lawyer's role will, then, be reduced to the provision of an endless stream of homilies or truisms, with a dollop of twaddle thrown in for good measure. Michael Montgomery February 1, 1994 Page Three Leaving all of that aside, as manifestly stated to your client, Max Maxwell, in September of the year last past, all of the documents provided by Mr. Miller were returned to Mr. Miller and not retained by this office for reasons which should be abundantly clear, even to those who seek the documents. To assert that this office "lost" the same is laughable and requires no further response. In summary then, if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not? Very ly yours,. Andrew V. Arczynski AVA:clf C\1011\LMONTG cc: Councilmember Gary Miller bcc: Terrance Belanger, City Manager Ia�V✓ C��N=ES ` 141CFUE:L El. MONl'O-WER Y A LACY 001WORATIOV ISM CROM WOA06 PARKWAY '4oRTH SUITE 350 CITY OF INDUI TRY. CAUFORNIA 01740 TELEPHONE (310)004 -IM FACSIMILE (:144• 00/ -IMA —� MEMORANI)XiM 41,80 AOMIrT[`D 'rD FLORIDA AND HAWAII STATE BARS TO: Mayor and Members of the City Council City of Diamond Har THROUGH: City Manager FROM: Interim City Attorn #1 DATE: January 6, 1994 SUBJECT: Separate Legal Opinions OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS JOHN ROBERT HARPER' A COUNTY OFFICE 1475 FOURTH $TREE? NAPA. CALIFORNIA 94550 (707) 2644000 ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE. CALIFORNIA 02M (714) 77t-7724 �arLOOML ONFOAAMA WENDY D. RAWER I have received the enclosed request for an opinion from Counoilmember Papen. I am responding to the Council as a whole, because I am unclear of the Council's; policy re individual opinion requests. First, responding to Mrs. Papen'sa question, the appellate decision in Ward v. Superior_ Court, 1977, 70 Cal. App.3d 23, 138 Cal.. Rpt1r. 532, provides that dere mn be no separate attorney-client relationship between the public agency attorney and each separate officer. As stated at page 33, "He in no wise represents the officers pertionally." Therefore, there is no attorney-client relationship botween the attorney and the individual members of the council. No such relationship existing, any records given to me in ray capacity as City Attorney, would of necessity have to be turned over to the City Clerk. As to the second part of the request, personnel and disciplinary matters are exempt from disclosure, where the release "would constitute an unwarranted invasion of personal privacy." Government Code 18254. 1 ask the council to clarify whether or not the City Attorney is expected to respond to individual opinion requests. MONTGOMERY LRW CIFF-::C'z -=L: 310-908`.85L r FAXED THIS DATE I'd: Michael Montgomery, Interim Cit,y4ttorney FROM: Phyllis Papen, Councilmembe e DATE: January 5, 1994 SUBJECT: Attorney -Client Privilege of Councilmembers CC: Terry Belanger, City Manager At the conclusion Of last night's council meeting Or rather early this morning (approx. 3:05am), Mr. Harmony raised an issue regarding attorney client privilege for cotuicillembers. please provide the Council with the background information, a discussion of the issue, your opinion. and code section, etc. that would support your opinion. if I understand .your statement, Councilmembers proprietary personal, bueiness or financial information is not Confidential. Does this also apply to personnel tiles? Disciplinary actions? JAMES L. MARKMAN ANDREW V. ARCZYNSKI RALPH D. HANSON JEFFREY KING D- CRAIG FOX WILLIAM P. CURLEY III MARSHA G. SLOUGH JULIA A. HEMP PAMELA P. KING HERIBERTO F DIAZ BONNIE BAILEY -JONES & Xov �i�A��(tlOfLt�O�fAh7 NUMBER ONE CIVIC CENTER CIRCLE September 24, 1993 Max Maxwell 3211 Bent Twig Lane Diamond Bar, California 91765 Re: Yours of August 10, 1993 Dear Mr. Maxwell: P.O. BJX 1059 BREA, CALIFORNIA 92622-1059 TELEPHONE (7141 990-0901 (3101 6 9 1-3 8 1 1 9113 FOOTHILL BOULEVARD SUITE 200 RANCHO CUCAMONGA, CALIFORNIA 91730 19091 980-2742 TELEPHONE (9091 381-0218 IN REPLY PLEASE REFER TO: Brea This correspondence is in response to yours of August 10, 1993 with regard to a request for information pertaining to Mayor Miller's alleged conflict of interest concerning the South Pointe project. Preliminarily, let me point out that I have spoken with Mr. Montgomery with regard to corresponding with you, directly, and Mr. Montgomery, on September 22, 1993, indicated that he has no concerns with my direct correspondence with you. Additionally, it must be noted that your correspondence was directed to me at the City Hall. As you may know, I do not maintain an office presence at the Diamond Bar City Hall on a daily basis and, accordingly, mail directed to me at that location is collected by the City Clerk's office and forwarded to me. Unfortunately, the letter dated August 10, 1993 was not received by the undersigned until shortly after September 9, 1993. Specifically with regard to your query, please be advised that I have reviewed the files pertaining to Mr. Miller's interests, or more appropriately, lack thereof, vis-a-vis the South Pointe area. As you may know, the matter is considered by this office to be attorney-client privileged as to any information presented to me by Mr. Miller and, additionally, any information provided by this office to Mr. Miller with regard to the topic in question or related topics. However, Mr. Miller has specifically instructed me to correspond with you on the topic and to provide whatever Max Maxwell :3111 Bent Twig Ln. Dimond Bar, CA 91765 714 861-4121 Andrew Arczynski, City Attorney City of Diamond Bar 21660. E. Copley Dr., Ste. 100 Diamond Bar, CA 91765 Dear Andrew Arczynski; August 10, 1993 I am requesting copies of the information Mayor Gary Miller submitted to your office that clearly states his position on not having a conflict of interest in the South Pointe Master Plan, or the R -N -P Development Inc. properties. Gary Miller stated publicly that this information is available from your office many months ago. I have already asked for this information, however all the City gave me is a letter dated January 5, 1993 addressed to Councilman John Forbing, where Gary Miller stated his position as: "The purpose of this letter is to inform my City Council colleagues that I have made a decision to not be involved in either the processing of nor the decisions relating to one of the maps that has been submitted (Map No. VTM 51407) that is a part of the South Pointe Master Plan." The above statement is NOT a clarification of Gary Miller's potential conflict of interest, nor does it meet the requirements of supplying to the public enough material to clarify the issue. Please forward the material that Gary Miller has submitted. If the above letter is all that exists, please respond in writing to clarify the matter. Thank you, Max Maxwell LRT FILEVIRCY MIL.93 N T E R O F F I C E M E M O R A N D U M TO: Iftor pro Tem Harmony and Council Member Ansari FROM: Linda G. Magnuson Accounting Manager SUBJECT: Voucher Register, February is, 1994 DATE: February 9, 1994 Attached is the Voucher Register dated February 15, 1994. 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 attach 'listing of vouchers dated February 15, 1994 has been audited approved and is recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO FUND DESCRIP'T'ION _ AMOUNT 001 General Fund 115 Int. Waste Mgt Fund $217,590.34 125 CDBG Fund 798.00 1,768.00 138 LLAD 038 Fund 139 LLAD 039 Fund 144,,197.86 141 LLAD 041 Fund 14,236.45 250 CIP Fund 140.26 510 Self Insurance Fund 16,707.79 350.00 TOTAL ALL FUNDS $266,788.70 APPROVED BY: Linda G. maghuoon Clair W. Harmony Accounting Manager Mayor Pro Tem Jelrr�ennce-L. Belange City Manager Eileen R. Ansari Council Member e11 tj of DiaIur,d Bar ►�_ RUN TIME: 10:49 02109/94 V O U C H E R R E G T S T E F DUE THRU.............02115/94 PAGE 1 VENDOR NAME VENDOR I9. ACCOUNT PROJ.TX-NO BATCH P01il INO. ENIRY/DUE -------------------------------------------------------------------------------------- INVOICE DESCRIPTION $ $ PREPAID t t AMOUNT DATE CHECX 3CMA 3CMA 1001-4030-1315 1 40215F 02108 02115 Metbershiq 3,3-4 150.00 3001-4030-2330 5 40215E 02108 01,115 Cont 313 -4 -Usher 15,00 TOTAL DUE VENDOR --------? 225.00 Aberra, Tseday Aberra 1001-4510-1340 1 40215G 02!08 02115 Tuition Reiabursesent 162.00 02/15/94 0000021455 TOTAL PREPAID AMOUNT --- ; 162.00 TOTAL DUE VENDOR -------- 0.00 Accurate Landscape Accurate $138-4538-2210 2 402154 01'08 02115 31388 Dist 38 Irrigation 250.17 1139-4539-2210 2 40215A 02108 02115 31389 Dist 39 Irrigation 607.76 1001-4319-2210 1 40215A 02108 02115 31390 Maint-Peterson Prk 298.27 1001-4328-2210 1 40215A 02108 02115 31391 Maint-Sumtridge Prk 208.08 1001-4322-2210 1 40215A 02108 D2115 31392 Maint-Ron Reagan Park117.72 1138-4538-2210 1 40215A 02/08 01;15 31513 Maint Dist 138 3$0.00 1138-4538-5500 1 40215A 0911577 02/08 02115 31513 Jan Maint Dist 138 3,388.80 1139-4539-2210 1 40215A 02108 02/15 31514 Maint Ost 139 750.00 1139-4539-5500 1 40215A 0611576 02108 02/15 31514 Jan Maint Dst 139 5,920,22 1001-4311-5300 2 40215A 0611666 02108 02115 31578 Jan Maint-Paul Grow Park 1,100.00 1001-4313-5300 2 40215A 0211666 02108 02115 31518 Jan Maint-Heritage Prk 750.00 $001-4316-5300 2 40215A 0411666 02108 02115 31578 Jan Maint-Maple Hill 900.00 $001-4319-5300 2 40215A 01/1666 02108 02115 31578 Jan Maint-Peterson Prk 1,200.00 $001-4322-5300 2 40215A 0311666 02108 02115 31578 Jan Maint-Ron Reagan Prk 1.000.00 1001-4325-5300 2 40215A 0511666 02108 02115 31578 Jan Maint-Starshine Prk 500.00 $001-4328-5300 2 40215A 07/1666 02108 02/15 31578 Jan Maint-Sueeitrdge Prk 1.500.00 t001-4331-5300 4 40215A 08/1666 02108 02115 31578 Jan Maint-Sycatore Cyn 1,600.00 $001-4556-5500 5 40215A 02/08 02115 31602 Maint-Rt 60 125.00 1001-4328-5300 1 40215A 02,108 02115 31621 Maint-Suuitridge Park 287.63 TOTAL DUE VENDOR --------> 20.963.75 Anis, Nick Ani 1001-3635 6 401154 02108 01115 Ref/Depost-Candidatestant 66.60 . TOTAL DUE VENDOR -------- 66.60 Ansari, Eileen AnsariE 1001-3635 5 40215A 01108 02115 ReflDepost-Candidate$tlnt 66.60 TOTAL DUE VENDOR --------; 66.60 Aqua Backflow d AquaBack t001-4316-2210 i 40215A 02/08 02115 12489 TestBackflowDevices-Maple 45.00 TOTAL DUE VENDOR --------; 45.00 y o f D i m o n d B i! r r r RUN TIME: 10:49 02/09/94 V O U C H E R R E G I S T E R PAGE DUE THRU.............02/15,94 VENDOR NAME vfm 19. ACCOUNT PROJ.TX-NO BAiCII = 1 PREPAID 1 1 PA,1Mo. ENTRVIOUE INVOICE DESCRIPTION AMOUNT DATE CHECK ----------------- ------------------ ---------------------------------------- Areentrout, Phil Arnentrout =001-4440-4040 2 402154 01/08 02;15 6109 EserCoordSvcs-1/22-214/94 613.00 $125-4215-2355 3 40215A 02108 02;15 6109 EierSvcs-086 1/22-114/94 336.00 TOTAL DUE VENDOR --------> 1.009.00 Atlas Hotels AtlasHotel 1001-4210-2330 1 402156 01/08 02!15 Accoi Plors Cont 3/8-11 282.56 01/15/94 0000021466 TOTAL PREPAID AMOUNT ----; 282.56 TOTAL DUE VENDOR------- 0.00 Averback Coopany Averback 1510-4810-1200 1 40215A 02108 01/15 diae08 Pub Off Bond-Myr Werner 350.00 TOTAL DUE VENDOR--------; 350.00 Best Lighting Products BestLtq 1001-4313-2110 1 40215B 02/1663 0248 02/15 L14072 Light Replacennts-Hrtge 65.48 TOTAL DUE VENDOR--------> 65.48 Bill's Lock & Safe Sillslock 1001-4313-2210 2 401158 04/1115 02108 02/15 46804 Rekey-SeniorStoreRt-Hrtg 96.91 TOTAL DUE VENDOR-------96.91 Brandean Assoc., Michael Brandean 1001-2300-1010 1 402158 01/08 02;15 12931352 Prof Svcs-FPL 93-10 4.111.39 TOTAL DUE VENDOR--------; 4.111.39 C & W Fence Coepany CWFence 1250-4510-6411 07894 1 402158 02/08 01115 3219 6rdra1l-Ornd/R1lgKnoll 14.609.19 TOTAL DUE VENDOR--------> 14.609.19 Center for Public 1001-4050-4030 3 402111 01/08 01/15 Acctg Policy Publication 495.00 TOTAL DUE VENDOR--------> 495.00 Charles Abbott & Asc Inc CharlesAbb 1115-4515-5500 1 402158 02/08 02/15 091004 June Prof Svcs-Solid0aste 1,500.00 TOTAL DUE VENDOR ------- 1,500.00 RUN TIME: 10:49 02/09/94 Gy i1t0 U c ' Di m111 ond B ar C H E R R E I S T E R PAGE 3 DUE THRU.............D1115/94 VENDOR NAME VENOM ID. ACCOUNT PROJ. i% -NO BATCNPOV,{ElMO. ENTRY/DUE INVOICE DESCRIPTION 1 1 PREPAID t : ------------------------------------------------------------- AMOUNT DATE CHECK -- Chuff. Robert Chuiftert =001 3635 1 401154 02108 02115 Ref/Deoost-CandidateStint 66.60 TOTAL DUE VENDOR --------> 66.60 Coaputer City Co�pCity 8001-4090-6130 2 40215B 01/1152 02/08 02/15 COIDEquip-340MBHardDrive 599.95 TOTAL DUE VENDOR -------- 599.95 Conlin Bros Sporting Good ConlinBros 1001-4350-1200 x001-4350-1200 6 402158 0111610 02/08 02115 64231 Baseball Equip-Rec Svcs 120.18 1 401158 08/1610 02108 01115 64311 Baseball Equip-Rec Svcs 30.29 TOTAL DUE VENDOR --------; 150.51 00 Engineering 06JEnaine 1001-4120-5101 1001-4220-5101 5 402156 92/09 02115 940-001 Inspections -1/10-1/31 3,132.50 1001-4110-5201 4 402156 3 40215G 01/09 02/15 02,109 02115 448-001 945-002 Pin ChklBldg Svc -1/10-31 SpeclnspectnSvcs-1/10-1!1 12,233.08 2,256.00 TOTAL DUE VENDOR --------> 11,621.58 D. B. Improveaent Assoc. 0814 1001-4210-4220 5 402156 01108 02115 Gen Plan Ad -1115/94 335.00 TOTAL DUE VENDOR --------; 335.00 Oataquick Dataouick 1001-4210-2130 1 402158 01,108 011,15 Dec Data Base Charge 35.00 TOTAL DUE VENDOR --------; 35.00 De Stefano, Jis Destefanc 1001-4110-2325 1 402158 02108 02/15 MtgwlthCtyAttMontgotery 11,98 1001-4210-2325 3 402150 02/08 02115 Mto-ESGVPC 12.30 1001-4210-2325 1001-4210-1335 4 402158 1 402158 02108 02115 02108 02/15 Mt -C31.78 PrkgRe1ab-OPReMtgeyer 16.00 TOTAL DUE VENDOR --------, 18.06 Dimond Bar Business Asoc DBBusAssoc 4001-4090-2210 1 402158 02108 02115 Feb C011on Area Maint 812.00 TOTAL DUE VENDOR -------- 612.00 rt1 RUN TIME: 10:4902,09194 Cityr:r VOUCH f DiER Ra ond ba Em G1iTER PAGE 4 DUE THRU .............02115/94 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH IEAMINO. ENTRVIOUE INVOICE DESCRIPTION 1 PREPAID t 1 AMOUNT DATE CHECK Eastman Inc. Eastman 1001-4050-1100 3 402158 02108 02115 011149885 Supplies-Finance 33.88 1001-4050-1100 4 402156 02;08 02115 011104211 Supplles-Finance 3.90 x001-4050-1100 2 402158 02;08 02115 011122461 Supplies-Finance 2.45 ►001-4210-1100 2 402158 0218 02!15 011135995 Supplies-Ping 48.11 0001-4350-1200 9 402158 02108 02115 011144410 Supplies-PrN 6 Rec 56.92 1001-4350-1200 8 402158 02108 02115 011152439 Supplies-Prk 6 Rec 499.91 1001-4040-1100 2 401158 1622 02108 02;15 011196133 Supplies-CClk 178.40 1001-4210-1100 3 402158 02,'08 011)15 011196140 Supplies-Ping 96.36 TOTAL DUE VENDOR--------; 920.59 Express Metro Courier ExpressMet ►001-4090-2120 4 402156 02108 02,115 Courier-CntylCty Settlant 6220 02115/94 0000021461 TOTAL PREPAID AMOUNT ---- 61.20 TOTAL DUE VENDOR --------; 0.00 Federal Express Corp. FedExpress 1001-4030-2120 1 40215C 02108 02;15 514296994 Espress call-CMgr 9.00 1001-4090-2120 2 40215C 02108 02115 514296994 Espress mail-Gen Govt 21.15 1001-4090-2120 3 40215C 02108 02115 514296994 Espress mail-Gen Govt 12.50 TOTAL DUE VENDOR--------> 43.25 Federal Reserve Bank FedReserve ;001-2110-1009 3 40215C 02108 02115 PPI-2 Deductns-Svgs Bonds 50.00 TOTAL DUE VENDOR --------> 50.00 Forbing, John ForbingJ 1001-3635 8 40215A 02108 02115 Ref/Depost-CandidateStmnt 66.60 TOTAL DUE VENDOR--------; 66.60 Freinds of Drexel Smith Drep1, tool-4010-2325 S 402156s .. 02108 02115 D. Smith Dinner-Papel 20.00 02115194 0000021454 TOTAL PREPAID AMOUNT ----; 20.00 TOTAL DUE VENDOR --------> 0.00 GTE California GTE tOOI-4040-2125 1 40215C 02108 04,115 Modum Svcs 1122-2121 16.48 TOTAL DUE VENDOR -------- 16.48 *** City of Oialond Bar t:c RUNTIME:10:490:109194 VOUCHER REGISIER PAGE DUE IHRU.............02115/94 VENDOR NAME VENDOR ID. ACCOUNT PRCJ.TK-NO BATCH PO.l11E#O. ENTRY/DUE INVOICE DESCRIPTION < < PREPAID = ------------------------------------- ----- AMOUNT DATE CHECK -- -------------------------------------------------------- GTE California GTE 1001-4090-2130 2 40215C 02/08 02/15 Equip Rent Jan 19 -Feb 19 880.03 TOTAL DUE VENDOR ------- 880.03 GTE California GTE $001-4090-2125 3 40215C 02/08 02115 Jan Phone Services 1.164.83 TOTAL DUE VENDOR --------> 2,164.83 Gonsalves 6 Son, Joe A. Gonsalves tool -4010-4000 1 40215C 02108 02115 Feb Legislative Svcs 2.100.00 TOTAL DUE VENDOR --------; 2.100.04 Graffiti Control Systels GrafitiCon 1001-4555-5520 2 40215C 02108 02;'15 db1293 Dec Graffiti Reloval 898.00 TOTAL DUE VENDOR --------; 898.00 Grandy, Kil 1019 /001-3478 2 40215A 02108 02/15 10161 Recreation Refund 1).50 TOTAL DUE VENDOR --------; 17.50 Guillen, Cecilia 1017 *001-3474 2 40215A 02/08 02115 10011 Recreation Refund 20.00 TOTAL DUE VENDOR --------> 20.00 Harlonp, Clair HarlonvC *001-3635 10 402154 02/08 02115 Ref/Deport-CandidateStlnt 66.60 TOTAL DUE VENDOR --------; 66.60 Hole DePot HM 1001-4322-1200 1 402150 02108 02/15 D00728 Electric Suppl-ReaganPark 103.12 TOTAL DUE VENDOR --------; 103.12 ICMA Retirelent Trust -457 ICMA t00J-2110-1D07 1 40215C 02/08 02115 Payroll Ded-PP 1-2 1001-4030-0080 1 402150 300.00 02108 02/15 Feb Contract Alount-CMgr 400.00 1001-4030-0090 1 40215C D2/08 02115 Feb Cafe Contrib-CMgr 1,018.77 *001-4040-0090 1 40215C 02108 02;15 Feb Cafe Contrib-CClk *001-4050-0090 1 402150 433.04 42108 02115 Feb Cafe Contrib-finance 161.34 *001-4210-0090 1 401150 02,108 02115 Feb Cafe Contrib-Ping 534.74 *001 4310 0040 1 402150 02/08 02;15 Feb Cafe Contrib-Prk6Rec 283.57 to01-4350-0090 1 40215C 02,08 02/15 Feb Cafe Contrib-CoiiSvcs 230.00 *001-4510-0090 1 40215C 02/08 02/15 Feb Cafe Contrib-Engr 926.82 TOTAL DUE VENDOR --------; 4,288.33 RUN TIME: 10:49 02/09194 V J U H E 0 aIond BR R E G I S T E R a DUE THRU.............02115/94 PAGE 6 VENDOR NAME VENDOR 10. ACCOUNT PROJ.TK-NO BATCH PUN/10. ENTRY/DUE INVOICE DESCRIPTION + +PREPAID + 1 AMOUNT DATE ------------------------------------------------------------------------------ CHECK Image IV Systems Inc. Iotge4Sys +001-4040-2200 2 40215C 02108 02;15 131719 Konica Copier Maint-Dec 108.00 TOTAL DUE VENDOR --------> 108.00 Inland Valley Dly Bulletn 1VDB 1001-4310-2115 1 40215C 02108 02;15 Ad-Prk 6 Maint Worker 34.40 1001-4310-2115 2 402150 02!08 02/15 Ad -Coot Svcs Coordinator 30.10 TOTAL DUE VENDOR --------; 64.50 Jeeco Jeeco $001-4313-1110 4 40215C 01/1759 02/08 02115 15074 Equip Rent -Floor Buffer 28.70 TOTAL DUE VENDOR -------- 28.70 John Alden G.T. JohnAlden $001-4010-0090 3 40215C 02108 02115 March Cafe-CMbr Miller 452.00 TOTAL DUE VENDOR --------> 452.00 L.A.County Public Works LACPubWk $001-4555-5506 5 402150 02108 02,15 94000008355 Maint-Botts-Ln9view 255.73 1001-4555-5506 6 402150 02108 02/15 94000008356 Maint-Striping Svcs -Dec 900.07 1001-4555-5506 7 402150 02108 01!15 94000008357 StripingSvcs-RllgKnoll 280.91 1001-4555-5506 8 402150 02/08 02115 94000008358 StripingSvcs-Pathfindr 194.84 1001-4555-5510 3 402150 02108 02115 94000008359 h2OTurfSvcs-Grand 818.80 1001-4331-5300 5 402150 02108 02/15 94000008369 Sewer Pu1p-Sycasore Cyn 151.20 1001-4555-5502 5 402150 02/08 01115 94000008364 Dec -Road Maint 1,033.69 1001-4555-5502 6 402150 02108 02115 94000008367 Dec -Road Maint 2,604.46 1001-4555-55D3 3 402150 02/08 02115 94000008361 Dec Prkwy Maint Svcs 10,878.15 1001-4555-5504 2 402150 02108 02115 94000008362 Dec -Sidewalk Inspections 12.255.21 1001-4555-5508 2 402150 02108 02115 94000008366 Dec -Weed Control 918.85 1001-4555-5510 4 402150 02/08 02115 94000008365 Dec -Tree Watering 1.963.28 +001-4555 5512 2 402150 D2108 02/15 94000008363 Dec -Drain Maint 4.211.35 1001-4555-5502 4 4D215D 02108 02115 9400008360 Dec Road taint svcs 1.689.94 1001-4555-5530 2 402150 " 02/08 02/15 9400008368 Dec -Ind Waste Svcs 659.39 IV:.; TOTAL DUE VENDOR --------; 38,921.87 L.A.County Public NorMs LACPubWk 1001-4555-5501 1 402150 02108 02;15 94000008354 Traffic Signal Maint 95.42 TOTAL DUE VENDOR --------; 95.42 I,A.County Public Works LACPubfi 1001-4555-5507 2 40215D 02.108 02;15 94000008269 SigniNaintlGldnSD-Ballena 2,542.13 1001-4555-5501 3 40215D 02/08 02;15 M9300002596 Credit Memo 602.91 - TOTAL DUE VENDOR --------> 1.939.22 1++ Citof tl 1=� RUN TIME: 10:4902,'09194 VOy Ga U C H E R RaEaGoIn3 T E BR ar DUE THRU.............02115/94 PAGE 7 VENDOR MANE so ----- ]M. 1 1 PREPAID 1 1 ACCOUNT PROJ.TX NO q INVOICE E DESCRIPTION AMOUNT DATE CHECK ENTRY-----NVOIC- - - - - --------- - ---------------------- L.A.County Public Works LAAO =001-4555-5501 4 40115D D2108 02115 94010000197 Dec Traffic Signal Maint 1.517.04 L.A.County Public Yorks LACPubVk 4001-4555-5510 5 40215D L.A.County-Dist. Attorney LACDistAtt 1001-4010-4021 6 40215D 1001-4020-4011 7 402150 LA County Registar LACRecordr x001-3635 11 402150 Landscape Vest LandscapeV 1001-4555-5508 4 402150 0111686 League of Ca. Cities Leaa_ue MI -4210-2325 5 4021SE League of Ca. Cities League $001-4090-2315 1 402150 TOTAL DUE VENDOR --------> 1.511.04 02108 02115 9400006355 Mater Turf on NIS Grand 506.75 TOTAL DUE VENDOR -------- 506.75 02108 02115 Legal Svcs-Prooerty saint 47.71 02/08 02/15 Legal Svcs -Engineering 80.12 TOTAL DUE VENDOR ------- 121.83 02108 02115 323-k Prtg-93 CandidateStints 2,567.40 TOTAL DUE VENDOR ------- 2,567.40 02108 02115 12369 Jan Weed Abate Svcs 4.561.84 TOTAL DUE VENDOR ------- 4.561.84 02108 02115 Conf3/9-11-CSDIPinCosesrs 975.00 TOTAL DUE VENDOR -------- ,) 975.00 01108 01/15 11460 Annual Dues 1994 -City 81110.00 '. TOTAL DUE VENDOR --------> 8,110.00 Ref/Depost-CandidateStant 66.60 TOTAL DUE VENDOR --------> 66.60 Geoiech Svcs-Hrtg Prk 139.00 Geolech Svcs-Hrtg Lee, Jong N 287.50 Geolech Svcs-Hrtg Prk 596.00 $001-3635 Svcs-Hrta 9 4821547 02108 02115 Svcs-Hrtg Leighton and Associates Leighton 415.50 1150-4310-6415 04694 1 402150 02,08 02115 79141 1150-4310-6415 04694 2 402150 02108 01/15 19386 4250-4310-6415 04694 3 402150 01108 02115 80265 1250-4310-6415 04694 4 402150 02108 02/15 80511 1250-4310-6415 04694 5 402150 02108 02115 80917 Ref/Depost-CandidateStant 66.60 TOTAL DUE VENDOR --------> 66.60 Geoiech Svcs-Hrtg Prk 139.00 Geolech Svcs-Hrtg Prk 287.50 Geolech Svcs-Hrtg Prk 596.00 Geoiech Svcs-Hrta Prk 660.00 GeoTech Svcs-Hrtg Prk 415.50 TOTAL DUE VENDOR -------- 2,098.00 000 City cf Di mond Ba y $rr RUN TIME: 10:49 02109194 V O U C H E R S R E G I T E R PAGE 3 DUE THRU.............02115/94 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO ------------------------------------ BATCN FOAMINO. ------------------------------- ENTRY/DUE INVOICE DESCRIPTION ------------------------------------- _ PREPAID AMOUNT DATE CHECK ------------------------- Leighton and Associates Leighton 0001-2300-1012 3 402150 02108 02!15 81415 Prof Svc$ -EH 93-016 92.00 0001-2300-1012 2 402150 02/08 02115 81417 Prof Svcs -EN 93-042 219.00 =001-2300-1012 1 402150 02108 02115 81418 Prof Svcs -EH 93-024 814.10 TOTAL DUE VENDOR --------; 1,125.10 Mac Bride, Dexter MacBrideD 0001-3635 11 40215A 02108 01115 ReflDepost-CandidateStent 66.60 TOTAL DUE VENDOR -------- 66.60 Main Street Tours MainStreet $001-4350-5310 1 40215E 02108 02115 3661a Deposit-Nauoth Excursion 500.00 TOTAL DUE VENDOR --------i 500.00 Markian Arczynski Hanson MarklanArc a $001-4020-4020 0001-4020-4011 2 4021SE 8 40115E 02/08 02115 Legal Svcs Rendered — ��a.n� 325.50 02/08 02115 Gen Litigation UU 183.20 0001-4020-4021 9 4021SE 02108 02115 LegalSvcs-DbCltzns vs Cty 347.76 0001-4020-4021 10 40215E 02108 02115 LegalSvcs-Anderson vs Cty 201.96 TOTAL DUE VENDOR --------> 1.158.42 Martin t Chapsan Co. MartinhCha 0001-4210-1200 2 4021SE 41;1707 01!08 02115 94109 MntlResolution800ks-Ping 244.46 TOTAL DUE VENDOR --------> 244.46 Mobil Mobil $001-4310-2310 10 40215E 02108 01115 X2296792 Fuel-Prk 6 Rec 29.56 $001-4310-2200 1 40215E 01108 02115 X0895801 Vehicle Naint-Truck P&R 29.18 0001-4090-2310 4 4021SE 02108 02115 X0895823 Fuel -Gen Govt 8.50 $001-4090-2200 3 40215E O2180 02115 k0895834 Vehicle Maint-Pool Car 43.27 0001-4310-2310 9 40215E01/08 02115 0895952 Fuel-Prk 5 Rec 30.75 0001-4010-2310 2 40115E g. 02108 02/15 kD896862 Fuel-CCouncil 7.79 0401-4210-2310 $001-4010-2310 2 40215E 02108 02/15 k2296372 Fuel -Ping 20.88 1 40215E 01/08 02115 k2296965 Fuei-CCouncil 12.34 TOTAL DUE VENDOR ---------- -------;Monterey MontereyMarriott MarriottMo $001-4030-2330 3 4021SE 02108 02115 3CMA Ccnf Mar3-4-Usher 93.50 TOTAL DUE VENDOR --------> 93.50 $r$ Cy �cntl ��_ RUN TIME: 10:4901/09/94 iVtOUCoHf DiER RaEGisTEE,R ar PAGE 9 DUE THRU.............02!1S/94 VENDOR NAME ACCOUNT PROJ.TX-NO Niel! no---'-- ENTRY/DUE INVOICE DESCRIPTIONPREPAID t ------------------- AMOUNT DATE CHECK Myers, Elizabeth NyersE $001-4040-4000 2 40215E 02/08 02115 94dbO3 Mnt Sec 1118-CCouncii htg 42D.00 $001-4210-4000 3 4021SE 02/08 02;15 94dbO3 Mnt Sec 1!14-PlnaconMta 320.00 $001-4210-4000 4 4021SE 02/08 02115 94003 Int Sec 1/15-GPAC Mtg 400.00 TOTAL DUE VENDOR --------- 1,140.00 National Sanitary Supply NatSanitar $001-4313-1110 7 40215E 02108 02!15 9628196 SUpplies-Hrtge Prk 274.68 $001-4313-2210 8 40215E 02108 02115 9618204 Supplies-Hrtge Prk 69.39 $001-4313-2210 6 4021SE 0111754 02/08 02115 9629748 Supplies-Hrtge Prk 64.43 TOTAL DUE VENDOR ------- 408.50 Nelson, Trent NelsonT $001-4110-4120 9 40215G 02/08 02,115 Equip Rent-GPAC itgs 320.00 02/15/94 0000021459 TOTAL PREPAID AMOUNT ----> 320.00 TOTAL DUE VENDOR --------> 0.00 Office Machines by Marks Ofhachhark $001-4090-2200 4 40215E 02,08 02115 Dictaphone Repair 75.00 TOTAL DUE VENDOR --------> 75.00 Ortiz, Too Ortirloo $001-3635 7 40215A 02/08 01115 Ref/Depost-Candidate$tint 66.60 TOTAL DUE VENDOR --------> 66.60 PERS Health Benefits PERSHealth $001-2110-1003 1 40215G 02108 02115 Feb Health Ins Preis 8,786.80 02115194 0000021458 $001-4090-0080 1 40215G 02/08 02/15 Feb Adein Fees 40.86 02115194 0000021458 TOTAL PREPAID AMOUNT --- 8,827.66 d TOTAL DUE VENDOR --------; 0.00 Pac Tel Cellular y� $001-4030-1125 1 02108 02!15 Jan Cellular Svcs-CMgr 47.$4 TOTAL DUE VENDOR ------- 47.54 Pacific Tioe Recorder PacTileRec $001-4210-1200 3 40215E 02108 01/15 11109 Tileclock Ribbon -Ping 27,92 $001-4510-1100 1 40215E 021/08 01/15 11109 Tioeclock Ribbon-Engr 27.91 TOTAL DUE VENDOR ------- 55.83 _++ Citr of Oay sss RUM TINE: 10:4902109194 VOUCHER iRaEa 1c1ntl TEBR PAGE 10 DUE THRU.............02115;94 VENDOR NAME >rE0110R JD. ;PREPAID + + ACCOUNT PROJ.T1-NO OWN -- ENTRVIDUE INVOICE DESCRIPTION AMOUNT DATE CHECK Paul, Jia Pau1J» +001-3635 3 402154 02/08 02/15 Ref/Deport-Candidate Stmt 66.60 TOTAL DUE VENDOR --------> 66.60 Payroll Transfer Payrollfr +001-1020 2 402156 02/08 02/08 Payroll Transfer PP2 44,700.00 02115/94 0000000002 TOTAL PREPAID AMOUNT --- 44,700.00 TOTAL DUE VENDOR -------- 0.00 Pitney Bowes PitneyBowe $001-4090-2130 3 40215E 02/08 02115 Feb Folding Machine Rent 109.59 TOTAL DUE VENDOR ------- 109.59 Programed For Success ProgForSuc +001-4350-1200 10 40215E 02108 02/15 6015 RegistrationReceipts-P&R 194.26 TOTAL DUE VENDOR --------> 294.26 Prudential Service Bureau PSBI +001-2110-1004 1 40215E 02108 02/15 Feb Dental Preis 920.10 1001-2110-1006 1 4021SE 02108 02/15 Feb Vision Preis 183.98 TOTAL DUE VENDOR --------> 1.204.08 Public Eapl Retireaent PERS +001-2110-1008 3 402156 02108 02/15 Retire Contrib-Eipr PP2 2,657.40 02/15/94 0000021457 +001-2110-1008 4 40215G 02/08 02/15 Retire Contrlb-Esoe PP2 2,935.58 02/15/94 0000011457 +001-4350-0080 2 402156 02/08 02/15 Beers,Orelel Retro -ER 487-36 02/15/94 0000021457 1001-4350-0080 3 401156 02108 02115 Beers,Oreiel Retro -EE 538.37 02115/94 0000011457 TOTAL PREPAID AMOUNT ----> 6,618.11 TOTAL DUE VENDOR --------> 0.00 R.H.F. Inc. +001-4411-2200 1 41 02108 02/15 13093 Radar Systee Maint 45.00 TOTAL DUE VENDOR --------; 45.00 Richards Matson & Gershon Richardsla 1001-4020-4021 11 40215E 02/08 02/15 LegalSvcs-OBCitzns vs rty 615.51 TOTAL DUE VENDOR -------- 615.51 RUN TIME: 10:49 02109194 City Y 0 UCH of Dimond E R Bar rr, R E G I S T E R PAGE 11 DUE THRU .............02/15/94 VENDOR NAME VENDOR ID. ACCOUNT PROJ.TX-NO BATCH pDAW110. ENTRY/DUE INVOICE DESCRIPTION 3 $ PREPAID ► ► -----------------------------------1p------- AMOUNT DATE CHECK Roberts. James RobertsJ t001-3635 4 40215A 02108 021,15 ReflDepost-CandldateStlnt 66.60 TOTAL DUE VENDOR --------; 66.60 San Gabriel Yly Tribune SGYTribune $001-4210-4120 8 40215E 01,11748 01/08 02115 Gen Plan Ad Display 810.00 TOTAL DUE VENDOR --------> 810.00 San Gabriel Yly Tribune SGVTribune $115-4515-2115 1 40115E 02/08 02115 Ad -Free Compost Nkshp 298.00 TOTAL DUE VENDOR --------> 298.00 San Gil Maintenance SanGilhain $001-4313-5300 3 4021SE 0111717 02108 02+15 004 Janitor Svc-HrtgePrk-Jan 664.00 TOTAL DUE VENDOR -------- 664.00 Sheriff's Emporium SheriffEep $001-4095-2110 2 4021SE 02108 02115 1301 Name Badges -Staff 10.02 TOTAL DUE VENDOR -------- 10.02 Sir Speedy SirSpeedy 9001-4210-4220 tool -4010-2110 6 4021SE 02!08 02115 13302 Prtg Svcs -Gen Plan EIR1 1.312.53 t0o1-4510-2110 1 40115E 02/1766 1 40215E 02108 02/15 13307 Color Bus Card Blanks 466.98 9001-4010-2110 3 4021SE 02108 02115 13380 Prtg Svcs -Bus Cards-Pubtk 90.59 tool -4010-2110 2 40215E 0311766 02106 01115 0208 01/15 13382 13409 Business Cards -Council 82.89 $001-409D-2110 3 4021SE 0111766 02/08 02/15 13411 Mailing labels Envelopes 14,41 180.50 TOTAL DUE VENDOR --------> 2.207.91 So Ca Assn of Governments SCAT x. $001-4010-2325 6 401156 F �ry 02/08 02115 Gen Mtg 3/3 -4 -Harmon Y 60.00 02115194 0000021460 A�. .- . - TOTAL PREPAID AMOUNT ----> 60.00 TOTAL DUE VENDOR --------> 0.00 Southern Ca. Edison SoCaEdison $001-4313-2126 $001-4322-2116 1 40215F 0219 02/15 Electric Svcs-Hrtge Prk 329,33 $001-4328-2126 : 40215E 40215E 02108 02115 Electric Svc -Ron Reagan 512.46 02108 02/15 Electric Svc-Summtrdg Prk 19.12 TOTAL DUE VENDOR -------- 920.91 $$$ City of Do =�� RUN TIME: 10:49 02'09/94 V �) U C iaaonBar H E R R E G I S T E R PAGE 11 DUE THRU.............02'15/94 VENDOR NAME VENDOR 10. $ PREPAID $ $ ACCOUNT PROJ.TK-NO BATCH 44". ENTRPIOUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------- - - -- ------------------------------------------------------- Southern Ca. Edison WaEdison $138-4538-1126 1 40215E 02108 0115 Electric 3vc-Dist 38 Southern Ca. Edison SoCaEdison $139-4539-2126 1 40215F 01/08 011115 Southern Ca. Edison SoCaEdison $141-4541-2126 1 40215F 02108 02;15 Southern Ca. Edison WaEdison Southern Ca. Edison SoCaEdison TOTAL DUE VENDOR --------i $001-4555-2126 3 40115F 02/09 02115 Southern Ca. Edison SoCaEdison 75.99 $001-4311-2126 2 40215F 02/08 02115 $001-4319-2126 2 40215F 02/08 02115 9001-4328-2126 3 40215F 02108 02115 $001-4331-2126 2 40215F 02/08 02/15 Standard Insurance of Ore Standardln Sales Tax Due for 1993 604.84 ►001-2110-1005 2 40115E 02/08 02/15 TOTAL PREPAID AMOUNT ----; 743.93 TOTAL DUE VENDOR --------; State 8d of Equalization S :upplies-GPAC Mtg 2/8 17.75 $001-3633 1 401156 02/08 01/15 $001-3635 13 402156 02106 02115 $001-3636 1 402156 021,08 01,115 Subway Subwav 1001-4210-4220 10 40215G 02.08 02;15 125.,9 TOTAL DUE VENDOR --------; 325.29 Electric Svcs Dist 39 504.47 TOTAL DUE VENDOR ------- 504.47 Electric Svcs Dist 41 140.26 TOTAL DUE VENDOR --------> 140.26 TOTAL DUE VENDOR ------- 0.00 Elect Svcs-Trffc Contrl 4.143.55 TOTAL DUE VENDOR --------i 4,143.55 Elect Svcs -Paul Grow 33.38 Elect Svcs -Peterson 75.99 Elect Svcs-Suutrge Prk 236.48 Elect Svcs-SYcalore Cvn 341.55 TOTAL DUE VENDOR --------> 693.40 Feb Life Ins Preis 348.00 TOTAL DUE VENDOR --------> 348.00 Sales Tax Due for 1993 1,91 02115194 0000021456 Sales Tax Due for 1993 604.84 02/15194 0000011456 Sales Tax Due for 1993 131.18 02/15/94 0000021456 TOTAL PREPAID AMOUNT ----; 743.93 TOTAL DUE VENDOR --------; 0.00 :upplies-GPAC Mtg 2/8 17.75 02115194 0000021465 TOTAL PREPAID AMOUNT ----> 27.75 TOTAL DUE VENDOR --------> 0.00 RUN TIME: 10:4 99; L O f D i a a c n tl B a r r r r O:,D 94 70J�:HER RE,[1:P PAGE :3 DUE THRU.............02!15/94 VENDOR NAME VENDOR 10. 4 PREPAID ACCOUNT PROJ.TK-N4 BATCH t0 4 4 jko. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ---------------------------------- ---------------------------------------------------------------------------------------------- TRY-Redi Propertv Data REDI 8001 4210-2130 2 40115E Tarditti, Beatriz Tarditti #001-2300-1002 2 40215G Taylor. Lorraine 1016 4001-3474 1 40215A Torne Center Travel TowneCente 4001-4010-2330 1 40215F $001-4030-2330 4 40215F Usher, Frank UsherF 4001-4030-2330 6 40215G Walnut Vallev Glass WVGlass 4001-4412-5401 1 40215F Walnut Valley Unified VVUSD ►001 4350 1140 1 40215F Walnut Vlv Water Dist MYIN 4001-4311-2126 1 40215F 4001-4316-2116 140215F Refund Deposit Hrtge Prk 4001-4319-2126 1 40215f 4001-4328-2126 2 40215F 4001-4331-2126 1 40215F c400 1994 Microfiche Rental 474.24 TOTAL DUE VENDOR -------- 474,24 02,08 02'15 Refund Deposit Hrtge Prk 200.00 02/15/94 0000021453 TOTAL PREPAID AMOUNT ----> 200.00 TOTAL DUE VENDOR -------- 0.00 02!08 02;15 q'02 Recreation Refund 40.00 TOTAL DUE VENDOR --------; 40.00 02/08 02/15 Conf 2/3-4-Ansarz 111.00 0248 021!15 3CMA Conf 313 -4 -Usher 192.00 TOTAL DUE VENDOR --------? 369.00 02108 02115 Travel Advance-ConfAB1290 350.00 01115194 0000021463 TOTAL PREPAID AMOUNT ----> 350.00 TOTAL DUE VENDOR --------> 0.00 01,108 02;15 63020 G1assReplcent-Sherflrazlr, 45.00 TOTAL DUE VENDOR --------; 45.00 12108 02115 Jul -Sept 93 Facility Rent 11.914.50 TOTAL DUE VENDOR --------> 21,914.50 2108 02115 Yater Usage -Paul Grow Prk 988.25 2)08 02;15 Mater Usage -Maple Hill 769.00 1108 02115 Water Usage -Peterson Prk 1,607.05 1/OB 02115 Nater Usaae-Sutntrdge 2,412.00 1;08 02/15 Water Usage-Symore Cyn 702.50 TOTAL DUE VENDOR --------; 6.478.80 in Citcf ar $rr RUN TIME: 10:49 D2,09194 V Oy Dia�ontl oU C H E R R E G I S I E R PAGE 14 DUE THRU.............02115/94 VENDOR NAME YEW IB. 1 ► PREPAID 1 1 ACCOUNT PROJ.TM-NO BATCH 10 LWINO. ENTRYIDUE INVOICE DESCRIPTION AMOUNT DATE CNECN ------------------------------------------------------------ Walnut Vly Mater Dist WYWaterDts $138-4538-2126 2 40215F 0218 02:15 Nater Usage Dist 138 4.883.50 TOTAL DUE VENDOR --------; 9,883.50 Walnut Vly Water Dist WVWaterDis x139 -4539-211b 1 40215F 02/08 02;15 Nater Usage Dist #39 6 154.OD TOTAL DUE VENDOR --------; 6,254.00 Walnut Vly Water Dist WVWaterDt5 =001-4556-2126 140215E 021,108 02;15 Water Usage -60 Fry Proj 8D4.60 TOTAL DUE VENDOR --------; 804.60 Werner, Gary WernerGary $001-3635 2 40215A 01/08 02/15 Ref/Depost-CandidateStent 66.60 TOTAL DUE VENDOR -------- 66.60 Whitehouse, Nancy Whitehouse $001-4210-4220 11 402156 01/08 02/15 REiob-GPAC Mtg Supplies 75.39 D2115f94 0000021464 TOTAL PREPAID AMOUNT --- 75.39 TOTAL DUE VENDOR ------- 0.00 Nright, Paul Wriq_htP $001-4010-4000 2 40215F 02/08 02/15 Aud/V1sSvcs-CCounc1 211 180.00 1001-4210-4000 5 40215F 01/08 02/15 Aud/VisSvcs-Ping I/24 60.00 TOTAL DUE VENDOR ------- 240.00 YMCA YMCA 1115-4215-2355 4 40215F 02108 02115 CDBG reub-Dec Child Care 1,432,00 TOTAL DUE VENDOR ------- 1,432.00 lellerbach Itl 1001-4090-1100 2 40215F 02/08 02115 111132711s Supplies -Copy Paper 555.32 1001-4050-1200 2 40215F 0211750 02108 82115 111233311s SupDlies-Coop Paper 70.89 TOTAL DUE VENDOR --------; 626.21 TOTAL PREPAID -----------> 61,450.20 TOTAL DUE ---------------= 204,338.50 TOTAL REPORT ------------) 266,788.70 RUN TINE: 10:49 01/09/94 t� 4 U VO t Y UCH04 O• a a o n tl B a r I: t ER REGISTER PAGE 1 F U 0 0 SUNNARV REPORT DUE THRU.............02;15/94 DI GJE PILL POST FUND 1Ci PAY REVENUE EXPENSE RE REVENUE EXPENSE --- VENUE EXPENSE ]JE HAS POSTED FUTURE TRANSACTIONS ----------- 001 General Fund 217, 590.34 {4,418.35 138 LLAD 138 Fund 14,197.86 4,121.43 141,050.56 139 LLAD 139 Fund 14,236.45 14,197.86 125 CDOG Fund 1,768.00 14.236.45 510 Self Insurance F 350.00 1.768.00 250 C.I.P. Fund 16,707.79 350.00 115 Int Masts 191t F 1,798.00 16, 707.79 141 LLAD 141 Fund 140.26 1.798.00 140.26 TOTAL ------------ --- --------------------- ____ ------------ ------------ AL1 FUNDS ------------ 166,188.10 66,418.35 ------" ""-"----'--' 4,121.43 196, 248.92 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 Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, February 15, 1994. 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 February 15, 1994 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 11th day of February, 1994, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION NOVEMBER 8, 1993 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner Grothe. ROLL CALL: Commissioners: Grothe, Li, Flamenbaum, and Chairman Meyer. Vice Chairwoman Plunk was absent (excused). Also present were Community Development Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, and Contract Recording Secretary Liz Myers. CONSENT CALENDAR: Minutes of Moved by C/Grothe, seconded by C/Li and carried Oct. 25, 1993 unanimously to approve the Minutes of October 25, 1993, as presented. NEW BUSINESS: Chair/Meyer noted that, per Commission's direction at the October 25, 1993 meeting, staff has provided Parking the Commission, for it's review, a copy of the Standards parking standards of the City of Diamond Bar and the City of Walnut, as well as a copy of the information from the Institute of Transportation Engineers. C/Grothe, dissatisfied with the compact parking requirements in Diamond Bar's parking standards, stated that he prefers many of the compact parking items in the parking standards of the City of Walnut because they are easier to read, are more straight forward, and the length of the parking stall is longer and remains constant. He pointed out that the elimination of compact parking stalls altogether would simply mean that the building density would have to be somewhat smaller. It would have been more appropriate had Diamond Bar adopted parking standards of a city representative of Diamond Bar rather than adopting L.A. County parking standards blanketly. C/Grothe then indicate that he would also prefer to add "No Overnight On Street Parking" to the Parking Ordinance. November 8, 1993 Page 2 Chair/Meyer suggested that the Commission direct staff to analyze existing ordinances and bring back those ordinances that would meet the needs of the City for the Commissions review and recommendation to the City Council. C\Li suggested that staff investigate the Parking Ordinances of the City of Glendale, as well as the City of Walnut, because Glendale has a similar terrain. as Diamond Bar and a freeway traversing the city. Chair/Meyer noted that parking standards often have a major impact on the design of the development. Parking ordinances, in its attempt to accommodate vehicles, can tend to run the design of the project. He suggested that incentives be provided in the development standards to assist developers in designing projects for the City, and to develop synergy within centers to reduce the number of parking spaces required. There needs to be a mechanism in the development standards to adjust the number of off-street parking standards and to provide incentives for adjacent property owners to motivate them to combine their projects, to provide a reasonable on site circulation system, and to solve common problems. C/Grothe concurred with the statements made by Chair/Meyer. Chair/Meyer also noted that in some instances projects are dropped for lack of one parking space. He suggested a provision that if a developer comes close to the parking standard, he is provided two financial alternatives: either lease an off site piece of property to maintain parking spaces in perpetuity to serve his project; or make a contribution to a "parking acquisition fund" with the community. This contribution then provides the community with an incentive to develop public parking lots. C/Grothe stated that he would concur to providing alternatives to the parking standards on redevelopment projects, but not new projects. Chair/Meyer suggested that parking standards be established for single family residential that are consistent with the type of development. Usually the market will prevail, but, as a community ages, there are occurrences in which garages are turned into habital space, omitting any type of covered parking. November 8, 1993 Page 3 Chair/Meyer stated that the provision for handicap parking in the Ordinance is acceptable. He then noted many parking ordinances base the number of parking spaces on the number of employees during the most dense shift. It may be easier, from a staff perspective, if the number of spaces were tied into the gross building area instead. He also noted that many cities do not allow change of uses to occur in shopping centers because additional off street parking may be required. However, he stated that he feels once a shopping center is built and approved, any commercial use permitted in that zone should be allowed to locate in that type of center and not have to make some paper work parking adjustment. C/Flamenbaum suggested that the ordinance include carpooling. He then questioned the reasoning for distinguishing between motels and hotels, and for placing mortuaries under "entertainment". He also suggested that the parking ordinance address unique situations dealing with fast food restaurants. Chair/Meyer stated that, in his judgement, the r� greatest off street parking ordinance prohibits all parking on the street, as is done in the City of Industry. Thus the demand for parking is a function of the commercial ventures. C/Grothe suggested that parking stalls behind a building not be counted in the parking standard to discourage their installation. Such parking stalls are rarely utilized. He then suggested that parking lots be encouraged to be designed with more than one main entrance and exit, and that they include landscaping to provide shade and aesthetic appeal. Moved by C/Flamenbaum, seconded by C/Li and CARRIED UNANIMOUSLY to direct staff to draft a proposed ordinance utilizing the comments made by the Commission, and to bring it back to the Commission at a later date. Sign Ordinance Chair/Meyer suggested that the Commission begin review of the Sign Ordinance included in the staff report. C/Flamenbaum suggested that a criteria be developed that any commercial monument signs under "X" size (shape and color) be approved administratively, with the requirement that they be compatible with the architecture of the surrounding area. He also suggested that the "Exemption of City Signs" be deleted, and pointed out that the criteria that November 8, 1993 Page 4 would apply to the commercial sectors should also apply to the City. C/Flamenbaum stated that he feels the Sign Ordinance imposes a particular hardship upon the community that is not warranted. C/Grothe concurred there should be some form of standards on a monument sign that can be approved administratively. Chair/Meyer stated the Sign Ordinance could be condensed and written more clearly. Many of the factors of measure in the Sign Ordinance are being violated which could also include the City Monument Signs located in a median. Controlling signs and advertisement is important. Staff should have a clear set of guidelines to measure a product. Staff should also have the opportunity to bring disputes to the Planning Commission for discretionary review if necessary. C/Flamenbaum noted that the section on prohibited signs are clear. The section on monument signs needs to be expanded to include a larger category that can be handled administratively. C/Li stated that any sign, other than a monument sign, should go through the administrative process. Chair/Meyer reiterated that staff needs a clear set of standards to implement over the counter. C/Grothe indicated a six foot height restriction on monument signs seems appropriate. C/Li stated the height of a sign should depend upon the environment and other factors. C/Flamenbaum noted that staff would have a better understanding of the topography of the City, and would be a better judge on the appropriate height of the sign. C/Grothe also suggested that any items unenforceable in this community should be taken out of the Sign Ordinance. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to direct staff to draft a proposed Sign Ordinance per the Commission's comments. ANNOUNCEMENTS: C/Flamenbaum inquired if the Commission should continue to review the draft EIR for Tentative Tract No. 51169 given the status of the General Plan. November 8, 1993 Page 5 CDD/DeStefano responded that since the project is currently eligible for process, it is recommended that the Commissioners review the draft EIR to provide for discussion on the December 13, 1993 Planning Commission meeting. C/Flamenbaum requested an update to the Hamburger Hamlet project. CDD/DeStefano stated that it would appear Hamburger Hamlet will not be able to open in 1994 as was first anticipated. The hearing for their appeal regarding their alcohol beverage control license has been scheduled in January of 1994. Hamburger Hamlet has indicated that they are still committed to the site and will continue to move forward. CDD/DeStefano also reported that the remediation equipment at the former Chevron site, immediately next door to Hamburger Hamlet, is now operational. C/Li requested an update on the status of the General Plan. CDD/DeStefano stated that the City has received the order from the judge directing the City Clerk to begin counting the signatures within the petitions submitted. The City does have a 30 day window to analyze the City's options of the judge's decision. The City is currently processing either under the General Plan and/or Ordinance No. 4. CDD/DeStefano then reviewed the Council/Commission meeting projections as included in the staff report. He reminded the Planning Commission of the East San Gabriel Valley Planning Committee Dinner Meeting scheduled this month in the City of Claremont. He then reported that, under administrative development review authority, he approved a second floor addition to a single family home located on Rim Lane. CDD/DeStefano, in response to C/Li's request at the last meeting, reported that there has been a debate between residents, CalTrans, the City, and merchants related to the location and length of a sound wall on the east side of the 57 freeway. The sound wall is currently proposed .to start at Diamond Bar Blvd. to Heritage Park. C/Li suggested that the City gently encourage CalTrans to include the sound wall in the area northbound 57 freeway, on the east side of the 57 freeway, and south of Diamond Bar Blvd. to Silver Bullet Street. An EIR has already been issued for that sound wall. Page 6 November 9, 1993 seconded by C/Grothe and ADJOURNMENT: Moved by C/Flamenbaum, - carried unanimously to adjourn the meeting at 8:20 P.M. Respectively, kies DeStefa o Secretary Attest Dav me Chairman CITY OF DIAMOND BAR Mxmuwma or ram rju"minu3 CommissION NOVEMBER 22, 1993 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:03 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, Vice Chairman Plunk, and Chairman Meyer. C/Flamenbaum arrived at 7:07 p.m. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Recording Secretary Liz Myers. MATTERS FROM There were none. THE AUDIENCE: CONSENT CALENDAR: VC/Plunk stated that she will be abstaining from voting on the minutes of November 8, 1993 because Minutes of she was absent at that subject meeting. Nov. 8, 1993 Chair/Meyer requested the minutes be amended on page 3 to properly indicate C/Flamenbaum. Moved by C/Li and seconded by C/Grothe to approve the Minutes of November 8, 1993, as amended. The motion carried by the following vote: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, and Chair/Meyer NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: VC/Plunk ABSENT: COMMISSIONERS: None OLD BUSINESS: AP/Lungu reported that, pursuant to the Draft PC Commission's direction, the City of San Policies and Bernardino's Planning Commission Handbook was used Procedures as a foundation for Diamond Bar's Planning Commission Policies Manual and Procedures Manual. The manual has been reviewed by DCA/Fox. The following changes have been recommended by the City Attorney's office: delete the second, third, fourth, and fifth paragraph from page 7; add the wording, "Each Commissioner is appointed by one member of the City Council. The length and expiration terms are set by City Council ordinance. For copies of the ordinance, you need to contact the City Clerk," to page 7; and rewrite the second paragraph, on page 15, to read, "The provisions of the Brown Act may apply to meetings of less than quorum committees of boards or commissions but not to social gatherings... 11. November 22, 1993 Page 2 Chair/Meyer inquired if the Commission had any recommended changes to the manual. VC/Plunk suggested that examples of types of "City Advisory Bodies" be listed on page 4. DCA/Fox stated that it is not necessary to list the types of advisory bodies because they are subject to change on the whim of the City Council. It is with this reasoning that paragraphs two through five were deleted from page 7, under Membership. VC/Plunk suggested that the section on Purpose, page 5, be expanded upon and perhaps merge with the Responsibility section. C/Flamenbaum concurred that the Purpose section should be expanded, but not by including the Responsibility section. The Purpose section should elaborate what the Planning Commission is, which could be accomplished by citing State law. The Planning Commission concurred. VC/Plunk suggested that a Membership section be included just prior to the Effectiveness section. She then suggested that the second paragraph, under Effectiveness, be amended to read, "Effective commissions prioritize, anticipate, and analyze problems."; and the first line on the third paragraph be amended to read "Public hearings or citizens input meeting maybe difficult..." The Planning Commission concurred. VC/Plunk suggested that item 7., on page 7, be amended to read, "Do not return insults."; and item 12. to rewrite the last sentence to read, "No one will leave the meeting feeling disenfranchised." The Planning Commission concurred. VC/Plunk suggested that the last sentence in the first paragraph, on page 7, under Membership, which reads "...;and a willingness to serve as Chairperson or Vice Chairperson of the Planning Commission", be deleted. She then suggested that the word "shall" be replaced by the word "may" in the first line, under Officers, on page 7. The Planning Commission concurred. C/Flamenbaum, referring to the four paragraphs deleted, on page 7, under Membership, suggested that a reference to the latest version of the City November 22, 1993 Page 3 Council Ordinance be included in the manual so that new members of the commission know where to look for information regarding their appointment. The Planning Commission concurred. VC/Plunk suggested that the attachment of the Brown Act also be included in the manual. Chair/Meyer suggested that a page be added in the Appendix indicating the documents that a new Planning Commissioner should look for, such as a copy of the Brown Act. The Planning Commission concurred. C/Flamenbaum suggested that a statement be included on page 7, under Officers, explaining the rules for reappointment if the Chairperson or Vice Chairperson should leave mid term, vacating the office. He suggested the following wording, "In the event that the position of Chairperson or Vice Chairperson be vacated during the term, the Planning Commission may hold another mid term election to fill the position for the balance of that regular term." The Planning Commission concurred. Chair/Meyer corrected the second line on page 8, under Quorum, to read "If there are no items of business..." C/Flamenbaum suggested that the first paragraph on page 8, fourth line, under Quorum, be amended to read "A equal split vote (negative, neutral, or affirmative)...". The Planning Commission concurred. Chair/Meyer suggested that page 9, under Quorum, item 1, be reworded to state "State the intention to cancel the meeting at least 72 hours prior to the cancelled or rescheduled date"; and reword the last line in item 3 to state, "This person must stay at least 15 minutes." He suggested that the last sentence in the first paragraph, under Agendas for Meetings, on page 9, be amended to read, "...posted at least 72 hours prior to the regular meeting". Chair/Meyer then inquired if the second paragraph, under Agendas for Meetings, page 9, is worded the way the Commission intended. VC/Plunk suggested that the paragraph be amended to read, "A Commissioner may request to place one item November 22, 1993 Page 4 on the agenda per meeting. The Planning Commission Secretary will advise as to the placement of an item on the agenda pertaining to the staff's workload, cost that may be incumbered by the City, or urgency of the item." The Planning Commission concurred. Chair/Meyer, in regards to the last sentence in the second paragraph, under Agenda For Meetings, on page 9, recalled that the Planning Commission had concurred that there should be three ways to get an item on the agenda: by the Secretary, the Chairperson, or a consensus of the Planning Commission. Chair/Flamenbaum stated that, to his recollection, the Planning Commission concurred that any member should be able to place an item on the agenda. VC/Plunk stated that, to her recollection of the discussion, the last sentence should be deleted. C/Li concurred. It was the consensus of the Planning Commission to delete the last sentence reading, "The actual placement of an item on the agenda for deliberation and action will require the consensus of the Planning Commission." Chair/Meyer suggested that the third paragraph, under Agendas for Meetings, on page 9, would be more appropriately placed under the Meetings section. The Planning Commission concurred. C/Flamenbaum stated that, to his recollection, the Planning Commission could present non-binding resolutions as recommendations to the City Council, without having it on the agenda. However, the manual specifically states that no action or commitment may be taken on items which are not on the posted agenda. However, as an official governmental agency, the Planning Commission has an obligation to speak on any matters that may be addressed before the Commission. He suggested that a statement be included to indicate that the Planning Commission has the ability to draft non- binding resolutions making recommendations to the City Council on matters that have just been brought to the attention of the Planning Commission and are not on the agenda. DCA/Fox explained that the Planning Commission November 22, 1993 Page 5 cannot take action on a matter not on the agenda that's within the Commission's jurisdiction as a discretionary body. However, the Planning Commission can request staff to communicate recommendations to the City Council on matters outside the Commission's jurisdiction. If it is felt that staff is not communicating those recommendations, it is unlikely that the Brown Act would preclude the Planning Commission's ability to send a letter directly to the City Council. Also, there is nothing precluding a commissioner of going before the City Council directly with the Planning Commission's recommendation. The Commission's Handbook addresses how a commissioner addresses the City Council, as either a commissioner or an individual, with the Planning Commission's approval. Chair/Meyer corrected the third paragraph on page 10, last line, to indicate "Commissioners.."; and the first paragraph, under Motions, last line, to read "A motion is subject to the following steps: ... 11. C/Flamenbaum suggested that Robert's Rules of Order should be quoted directly to address the appropriate procedures on Motions. Chair/Meyer concurred that it would be helpful if the steps are laid out in linear progression. DCA/Fox, in regards to the issue brought forth by C/Flamenbaum regarding instantaneous agendizing, stated that, as indicated in the Brown Act, instantaneous agendizing can occur when "Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority the members of the legislative body or a crippling disaster." Chair/Meyer suggested that the second line under Planning Commissions Recommendations, on page 12, be amended to read, "...transmitted to the City Council by the Secretary for decision..."; and amend the third paragraph, second line, on page 14, to read "...be considered " on the record" by the reporter" VC/Plunk stated that the first paragraph on page 14 seems redundant. The Planning Commission concurred, however, to leave the paragraph in the manual. Chair/Meyer requested staff to make the appropriate November 22, 1993 Page 6 corrections to the Manual and bring it back to the Commission on a future agenda. CONTINUED Chair/Meyer, noting that the applicant has PUBLIC HEARING: requested a continuation until December 13, 1993, suggested that the matter be continued to a date DR No. 93-1 & assuring a more reasonable time for the applicant CUP No. 93-4 to submit all information in the manner and format needed by staff. Chair/Meyer declared the public hearing opened. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue Conditional Use Permit No. 93-4 and Development Review No. 93-1 to January 24, 1994. INFORMATIONAL CDD/DeStefano reported that, pursuant to the ITEMS: Planning Commission's direction, staff has provided the Commission with a copy of the final draft Property Property Maintenance Ordinance for review, and Maintenance discussion at the December 13, 1993 Planning Ordinance Commission meeting. Staff is in the process of distributing additional copies to members of the public who have indicated an interest in the document, and to the Chamber of Commerce for their review. Chair/Meyer suggested that staff be prepared to do a comparative analysis of the Property Maintenance Ordinance and Chapter 99 of the LA County Building Code, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December 13, 1993. The Significant Ecological Technical Advisory Committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning Commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of Ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. November 22, 1993 Page 7 ADJOURNMENT: Moved by VC/Plunk, seconded by C/Li and carried unanimously to adjourn the meeting at 7:55 p.m. Respectively, James DeStefano Secretary Attest: David Meyer Chairman r_, MINUTES OF THE DIAMOND BAR PLANNING COMMISSION MEETING HELD ON DECEMBER 13, 1993 AT 7.06 P.M. IN THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AUDITORIUM, 21865 E. COPLEY DRIVE, DIAMOND BAR CALL TO ORDER Chairman Meyer called the meeting to order at 7:06 p.m. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Chairman Meyer; Vice Chairman Plunk; and Commissioner Grothe Commissioner Flamenbaum arrived at 7:12 p.m. Also Present: Community Development Director James DeStefano; Planning Technician Ann Lungu; City Engineer Mike Myers; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers Absent: Commissioner Li was absent (excused) INTRODUCTION OF NEW CITY ATTORNEY CDD/DeStefano introduced and welcomed the new Interim City Attorney Michael Montgomery. ICA/Montgomery expressed his pleasure to be working with the City and the Planning Commission. MA TIERS FROM THE AUDIENCE - None CONSENT CALENDAR 1. Minutes of November 22, 1993 VC/Plunk requested the following changes to the minutes of November 22, 1993: indicate "Chairperson" as one word; properly indicate "...and equal split vote..." on Penning Commission Minuses - December 13, 7993 Page 1 of 12 page 3; properly indicate "...or urgency of the item..." on page 4; hyphenate the word "non-binding"; and properly indicate "C/Flamenbaum". Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the Minutes of November 22, 1993, as amended. OLD BUS/NESS 2. Final Draft Planning Commission Policies and Procedures Manual Chair/Meyer noted that the Planning Commission received the final draft of the Planning Commission Policies and Procedures Manual for review, incorporating the revisions of the Brown Act which will become effective April 1, 1994. VC/Plunk inquired if ICA/Montgomery had an opportunity to review the document. ICA/Montgomery stated that he has reviewed the document and finds everything to be in order. VC/Plunk then made the following suggestions to amend the Planning Commission Policies and Procedures Manual: rewrite the second paragraph, on page 6, under "Effectiveness" to read "Effective Commissions set clear objectives, prioritize tasks, anticipate and analyze concerns. They listen empathetically, and they diagnose options to develop a plan of action."; delete the second sentence in the first paragraph, under "Effectiveness"; add "and goals" to the end of the third sentence in the first paragraph, under "Effectiveness"; and correct the word "maybe" to "may be" in the first sentence of the third paragraph. VC/Plunk then questioned if items 3-6, on page 6, are appropriate. ICA/Montgomery explained that it is appropriate for the Planning Commission to place as many sensitivity training goals in the policy as desired, subject to State statute. VC/Plunk then requested that the last sentence in item 12, on page 7, be corrected to read "No one should..." C/Flamenbaum suggested that the statement "A split vote (negative, affirmative, or neutral)...", on page 8, under "Quorum", be moved under "Motion". It was the consensus of the Commission to accept the suggested changes to the document. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to adopt the final Draft Planning Commission Policies and Procedures Manual, as amended. NEW BUS/NESS - None Planning Commission Minutes - December 13 1993 page 2 of 12 CONTINUED PUBLIC HEAR/NG 3. Zoning Code Amendment No. 93-3 -,Property Maintenance Ordinance Applicant: City of Diamond Bar Property Owner: All property within the City limits of Diamond Bar Chair/Meyer suggested that, following the public hearing, the matter be continued to a meeting in January of 1994 in order to give the new City Attorney and City Council sufficient time to properly review the document. CDD/DeStefano reported that the Planning Commission continued the public hearing regarding the Property Maintenance Ordinance at the October 11, 1993 meeting in order to allow for further preparation and revision of the Ordinance. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Mr. Bob Zirbes, President of the Diamond Bar Improvement Association (DBIA), suggested the following changes to the document: page 16, under "Penalties", should include a provision for an appeal process; the document should be sensitive to the needs of financially disadvantaged residents; deleted the statement, "...and a resulting decline in the property values within the City of Diamond Bar," from "Purpose and Intent", on page 2, because it cannot be enforced; a boat is a recreational vehicle that is allowed further in the document and should therefore be stricken from section 22.54.030 A, on page 4; delete the entire section 22.54.040 B on page 4; deleted "sagging roof" from section 22.54.060 A, on page 5; amend section 22.54.060 B, on page 5, to read, "Substantial areas of visible deteriorated..."; section 22.54.060 D, on page 5, is a Health and Safety issue and should be removed; items 22.54.060 E, F, and G, on page 5, are covered under Building and Safety Codes and should be removed; the suggestions made should also be applied to multi -family standards, etc., as well; and the statement "commercial purposes" in section 22.54.050 B, on page 5, should may more explicit because there may be confusion among those owning pick up trucks, or vehicles that have a high gross vehicle weight. CDD/DeStefano explained that the Enforcement/Abatement Procedures is not specifically a part of this draft because it is the Planning Commission's responsibility to establish the standards and recommend policy for those standards, and the purview of the City Council to deal with specific issues of enforcement and the abatement procedures. Chair/Meyer expressed his concern that the Planning Commission is being asked to piece -meal their review of the Ordinance. He stated that even though the penalty phase is not within the jurisdiction of the Planning Commission, the Planning Commission should be made fully aware of any punitive measures that go along with the Ordinance. He requested that the penalty phase be included with the next draft Ordinance to be presented to the Commission. Planting Commission Minutes - December 13, 1993 Page 3 of 12 C/Grothe stated that if the penalty phase cannot be presented to the Planning Commission for review, then the "Penalty" section should be omitted from the Ordinance. Mr. Oscar Law, residing at 20511 Pathfinder, concurred with the suggestions made by Mr. Zirbes. He questioned why such items as broken toilets, leaking roofs were not deleted from the draft Ordinance as was requested at the last public hearing. Mr. Don Schad, a resident, also supported the comments made by Mr. Zirbes. He made the following comments: section 22.54.060 A -G fall under the purview of the Building and Safety Department; and the "Penalty" section should include a provision to allow those financially disadvantaged an appeal process. Mr. Don Fisher, residing at 465 Burgante Drive, referring to section 22.54.050 B, on page 5, noted that the Stated considers any vehicle with a commercial plate to be of a commercial use in California. He also noted that the Walnut Recreational parking area for motor vehicles is all gravel, not paved, which is contrary to section 22.54.260 "Motor Vehicle Parking", on page 13. Mr. John Okel, residing on Burgante Drive, expressed his support with the intent of the Ordinance, but emphasized that a person in violation should not be placed in jail, nor should it be suggested. Mr. Frank Dursa, a resident, expressed his support that the Ordinance was amended to allow recreational vehicles to be parked in the driveway. Chair/Meyer stated that staff has been directed to do a comparative analysis of Chapter 99 of the Los Angeles County Building Code, which dealt with property maintenance standards for the City, and the proposed Property Maintenance Ordinance. Red Calkins, a resident, expressed his dissatisfaction with the Code Enforcement Officer. Mr. Don Gravdahl, a resident, suggested that section 22.54.050 B, on page 5, be amended to define "commercial" by the gross weight of the vehicle when fully encumbered. He then suggested that the proposed Ordinance indicate specifically how much of the frontage of a house can be a paved surface. Mr. Max Maxwell, a resident, inquired if the proposed Ordinance affects existing CC&R's. Chair/Meyer explained that CC&R's are separate documents created under the terms of the subdivision and are enforced by the Homeowners Association, not by municipalities. The proposed Property Maintenance Ordinance would not impact the CC&R's. Pienndng Commission Minutes - December 13, 1993 Pege 4 of 12 Mr. Richard Murietta, a resident, inquired if the proposed Ordinance would apply to problems associated with Fraternity Houses, such as those operating on his street. Chair/Meyer suggested that Mr. Murietta contact staff for assistance in addressing those problems. Mr. Don Fisher, a resident, concurred that Fraternity Houses, specifically at 310 Ballena Drive, have been a problem for some time. There being no one wishing to provide further comment, Chair/Meyer returned the matter back to the Commission for consideration. C/Flamenbaum made the following comments: driveways should be covered under the Development Code; the document needs to specifically define front yard, side yard, etc., for enforcement purposes; section 22.54.050 B, on page 5, is poorly written and does not specify any time durations; leaky roofs, bad drainage, etc., fall under the Building and Safety Codes; and the Planning Commission had directed staff to include language that the City could place a lien on the property in order to get reimbursed if the City did any repair work following the appeal process. C/Flamenbaum then stated that he would not give consideration to the proposed ordinance unless it included an Enforcement/Abatement provision. C/Grothe made the following comments: omit section 22.54.060, on page 5, from the document, except the first paragraph; delete the statement "free of weeds" from section 22.54.070, on page 6, second line; rewrite item 2 from section 22.54.080, on page 6, to be less restrictive; and section 22.54.030 B, on page 4, should allow for at least two weekends to do repairs. Chair/Meyer, referring to section 22.54.030 B, pointed out that, with an appeal process included in the proposed Ordinance, an individual would have an opportunity to demonstrate why that specific time period was inappropriate. The Planning Commission concurred that 10 consecutive days was a reasonable time frame to accomplish repairs, as indicated in section 22.54.030 B. VC/Plunk suggested that ICA/Montgomery meet with the Property Maintenance Ordinance subcommittee to review the document. She stated that it was her impression that some of the examples given in the different sections were included for enforcement purposes. She inquired if it was the opinion of ICA/Montgomery that some of the items in the document should be separated from the Development Standards. She also questioned if including definitions in the document was redundant and/or could have the potential to contradict the intent of the proposed Ordinance. VC/Plunk then suggested that the document be reviewed by the Planning Commission one year after its adoption to determine its effectiveness. Chair/Meyer reiterated his request for a comparative analysis, in graph format, of the enforcement provisions of Chapter 99 of the Building Code and the proposed Property Planting Commission Minutes - December 73, 1993 Page 5 of 12 Maintenance Ordinance. He suggested that the proposed Property Maintenance Ordinance include the definitions of "blighting conditions" as clearly defined in the Health and Safety Code. Chair/Meyer then reiterated his request that the penalty phase be included for the Planning Commission's review. Chair/Meyer, in response to VC/Plunk's request to send the document back to the subcommittee, stated that the subcommittee has completed their review and the document is now before the Planning Commission for consideration. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the matter to the meeting of January 24, 1994, and to direct staff to incorporate the statements made by the Commission this evening into the proposed Property Maintenance Ordinance. VC/Plunk requested the revised document be included in the Commission's packet, for the meeting of January 10, 1994, if possible. PUBLIC HEARING 4. Conditional Use Permit No. 93-7 - A Request to Install a Temporary Unmanned Cellular Communication Facility at a Site Adjacent to the 57 Freeway in an Existing Commercial Development Applicant: L.A. Cellular Property Owner: Rinehart Management Company PT/Lungu reported that L.A. Cellular is requesting approval to locate and operate a 75 foot monopole and an unmanned repeater station for a period not to exceed six months within an existing commercial development. The project was initiated as a result of the removal of an unmanned repeater station and monopole from the Diamond Bar High School campus. She stated that the applicant is currently involved in negotiations with the school district to locate the use, once again, at the school; however, in the interim, the applicant is seeking to re-establish service to the community and public safety agencies until a permanent location can be secured. PT/Lungu then noted that the staff report, which indicates that the power source for the equipment is a utility generator, is incorrect, and that the power source will be electricity to the site. It is recommended that the Planning Commission approve Conditional Use Permit No. 93-7 with the Findings of Fact and listed conditions. C/Flamenbaum inquired why the applicant is being required to slurry seal and restripe the parking lot when the request is only for a six month use. CDD/DeStefano explained that since a CUP is a discretionary permit, the Planning Commission and staff have the opportunity to review the entire parcel in its consideration. He stated that staff has recommended that the applicant be requested to provide the much needed improvements to the parking lot at the same time the permit is being requested. Planning Commission Minutes - December 13, 1993 Page 6 of 12 Chair/Meyer declared the public hearing opened. ICA/Montgomery noted that, because of the present status of the General Plan, there is a question if discretionary land use permits can be granted at this time. He stated that, though the request is only for six month and the applicant is a utility, a land use permit invalidly granted is always subject to challenge. He inquired if the applicant would be willing to waive recourse for any conditions imposed if it turns out that the authority to grant those conditions were invalid because of any technicality. Ms. Linda Paul, an employee of L.A. Cellular located in Cerritos, stated that L.A. Cellular is more than willing to cooperate with the City, and adhere to any condition that would indemnify the City for any improvements incurred by the applicant if a technicality was determined in the future after receiving the permit being requested. Ms. Paul then made the following corrections to the staff report: L.A. Cellular has provided service at Diamond Bar High School since approximately 1986; and the antennas proposed for the site are sectorized, which would not exceed 75 feet by more than six inches. In response to a series of Planning Commission inquiries, Ms. Paul made the following responses: there is no intent of having the pole at that location longer than 6 months, an alternate site is being actively pursued; a condition limiting the number of extensions granted to 1 or 2 times is acceptable; there is no intent to use the microwave being requested as an option; microwave is used in the event of a disaster; sectorized antennas will most likely be used, however, the option to use a whip antenna is desired; an extension of 6 months is desired; cellular does not cause interference with radio or television reception, but, any complaints received either through the City or directly would be corrected within 5 working days; the condition to slurry seal and restripe the parking lot is acceptable; the broad cast power ranges from 5-30 watts, and as high as 100 watts per channel; 32 channels are anticipated, which would operate sporadically and very rarely simultaneously; and the microwave dish would broadcast at a 1/2 watt. Ms. Paul then stated that the lack of cellular service along the 57 freeway has caused much consternation among public service agencies because it affects the response time. She pointed out that cellular service is very important to the public's health and safety. Chair/Meyer invited those wishing to speak to come forward. Mr. Oscar Law expressed his concern that the applicant is requesting to install a temporary unmanned cellular communication facility in an area that is extremely parking sensitive, and could be greatly impacted if the monopole fell in the event of a natural disaster. Mr. Don Schad suggested that the CUP include a time frame for the removal of the transmission tower after the 6 months or any extended time frame. He then noted that because of the hilly terrain in the area, it is probable that 2 microwave dishes Planning Commission Minutes - December 73, 7993 Page 7 of 12 would be needed to transmit in two directions. There being no one wishing to provide further comment, Chair/Meyer declared the public hearing closed. Ms. Paul, in response to the comments made, stated that parking will not be impacted in any way since the unmanned facility is not in the paved parking area, and there will be no employees on hand. She stated that building permits are obtained from the Building and Safety Department to ensure the pole is installed in a safe manner. She then indicated their willingness to work with staff regarding a timeframe for the removal. of the pole. Ms. Paul, in response to C/Flamenbaum, stated that there would only be one microwave dish, and that the diameter of the service would be approximately three miles. In response to a series of inquiries made by Chair/Meyer, Ms. Paul stated the following: removal of the facility would take a few days; because there were some technicalities regarding existing permitting, L.A. Cellular decided that, rather than be in possible violation with the Public Utilities Commission, it would be more appropriate to remove from the Walnut School District site and begin the process of permitting once again; though providers of the same service can locate within 20 to 30 feet of each other, they cannot locate on the same pole because the frequencies used are so similar that interference would be created; L.A. Cellular would like to permanently locate at the School District at the end of the 6 month period; and the facility is typically a prefabricated State approved shelter with a concrete aggregate finish that will be painted any color desired by the City. Chair/Meyer noted that there was discussion in the General Plan to consider the 57 freeway as a scenic view corridor. He then inquired if the piece of property is an underground utility district. He also inquired if a design review is needed for facilities on commercial property. CDD/DeStefano explained that the discussion involving the 57 as a scenic view corridor indicated that any development in the area should reflect that scenic nature in terms of preservation. He stated that it has not been determined if the property is an underground utility district, but any new development would be required to put in underground utilities, and, if feasible in terms of provision of service and fixtures, existing facilities would be placed underground. He then explained that design reviews are typically done for permanent facilities over a specific size; however, since this monopole is temporary, and the zoning code does not address temporary installations, a CUP process was utilized. Chair/Meyer expressed concern that the CUP process, which is typically reserved for more permanent land use entitlement, is being used to allow for this temporary use application. P/enn9n9 Commission Minutes - December 13, 7993 Pege 8 of 12 ICA/Montgomery suggested that the Planning Commission consider a short term franchise agreement under Utility Code 6264, which is an exception to the provision that would allow a six month franchise to operate the facility at that location without obtaining any zoning or location rights. Chair/Meyer suggested the Planning Commission consider adding the following conditions: require a cash bond or adequate surety that the facility will be removed; include a time frame for removal of the facility after proper notification be included; and require 5 working days to service problems generated from the facility. VC/Plunk inquired if the applicant would be willing to waive the antenna whip. Mr. Royce Cassort, the Construction Manager for L.A. Cellular, explained that they have requested the option of using either the whip or directional antennas because it is uncertain if the directional antennas will perform as needed. It would be acceptable if it were conditioned as "either/or" because both equipment would not be used. He stated that Southern California Edison has indicated that they have the option of setting a temporary 20 foot power pole rather than disturbing the landscaping to go underground. He also stated that the microwave dish is not needed since they are able to get telephone service from the building next door. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the CUP temporary franchise agreement with the following modifications: amending line four of the title of the Planning Commission Resolution to read "An application to install a temporary franchise for an unmanned cellular."; delete Finding of Fact (e) on page 3 and insert the sentence "The City is operating without a General Plan, therefore the Commission has reviewed the project as a short term utility franchise in conformance with the California Public Utility Code Section No. 6264"; change condition (g) on page 4 to indicate that the repair would be within 5 working days of notification; add condition (1) to read "The pole must be removed within 5 working days and the applicant shall post a cash bond to secure removal in a bond amount to be determined by the City."; change condition (c) to indicate that no more than one six month extension of this grant may be requested; and add a condition to exclude the microwave dish. RECESS Chair/Meyer recessed the meeting at 9:11 p.m. RECONVENE Chair/Meyer reconvened the meeting at 9:26 p.m. 5. Zone Change No. 92-2, Vesting Tentative Map No. 51169; Conditional Use Permit No. 92-3, Oak Tree Permit No. 92-3, and Environmental Impact Report No. 92-2 Applicant: Unionwide, Inc. Planning Commission Minures - December 13, 1993 Page 9 of 12 Property Owner: Unionwide, Inc. CDD/DeStefano reported that the proposed project is located within Significant Ecological Area (SEA) No. 15 and has been determined by the City to require an Environmental Impact Report (EIR) to analyze the project's impacts and appropriate mitigation measures for those specific impacts. The DEIR review period is scheduled to close on December 15, 1993. He stated that a Significant Ecological Area Technical Advisory Committee (SEATAC) is in the process of reviewing the project, and will provide the Planning Commission with a report regarding their review of the biota aspects of the DEIR. CDD/DeStefano then stated that since the City is presently operating without a General Plan, review of the DEIR, as anticipated, cannot occur. ICA/Montgomery stated that he had a preliminary discussion with the applicant regarding the issue of the lack of a General Plan. Since the Mayor has indicated a desire to adopt a new General Plan within 90 days, ICA/Montgomery asked the applicant if they would be agreeable to continue the matter for 90 days, without prejudice to any time limits that may be under consideration. He stated that the applicant can make a presentation if they so desire; however, since the present General Plan has been suspended by virtue of the filing of the referendum petitions, a decision cannot be made this evening by this body. Lex Williman, the Planning Director for Hunsaker and Associates, 10179 Hunikans, San Diego, representing the applicant, stated that the applicant will acquiesce to continuance, without waiving any rights regarding the hearings, or the vesting map associated with the existing General Plan as originally approved. Upon the recommendation of ICA/Montgomery, the Planning Commission concurred with the applicant's agreement to a continuance, until such time as the General Plan is adopted, upon the condition that the agreement does not constitute a waiver of any rights. Chair/Meyer declared the public hearing open, and invited those wishing to speak to come forward. Mr. Max Maxwell requested clarification of the applicants reference to the General Plan. Chair/Meyer explained that the applicant has indicated a concern that there may be some legal rights associated with the vesting tentative map. Mr. Don Schad pointed out that originally GPAC recommended 1 DU/2.5 acres for that area. He offered to submit his comments regarding the DEIR; however, upon being advised by ICA/Montgomery that since he may be considered as a candidate for Planning Commissioner in the near future, he may want to consider that any testimony presented may foreclose him from voting on the application when it comes before the Planning Commission, Mr. Schad chose to offer no further comment. Planning Commission Minutes - December 13, 1993 Page 10 of 12 CDD/DeStefano recommended that the matter be continued to the meeting of March 28, 1994. Moved by C/Flamenbaum and seconded by Chair/Meyer to continue the matter to the regular meeting of March 28, 1994. The Motion carried with the following ROLL CALL vote: AYES: Grothe, Flamenbaum, Plunk, and Meyer NOES: None ABSTAIN: None ABSENT: Li ANNOUNCEMENTS CDD/DeStefano reported that the City staff has filed a response to the City of Industry's Notice of Preparation opposing the site for the proposed Reduction Recycling Element and the Material Recovery Facility. COMM/SS/ON COMMENTS C/Flamenbaum stated that he received notice from the City of Brea that an DEIR has been prepared concerning the Olinda Heights project which borders Tonner Canyon. VC/Plunk expressed her opinion that the City needs to move away from "pro growth vs. no growth" and encourage the intelligent use of resources. She welcomed ICA/Montgomery. She then inquired of the anticipated process to revise the General Plan. Chair/Meyer noted that, even though a Planning Commission meeting is scheduled for December 27, 1993, no items have been placed on the agenda for that meeting. He then stated that the City Council will be considering, at its December 14, 1993 meeting, a resolution repealing the existing General Plan and appointing a citizens advisory committee, consisting of members of the City Council, City Commissions, business community, citizen's group, and community residents, to facilitate preparation of the 1994 General Plan. Chair/Meyer volunteered to serve on the committee and bring information back to the Planning Commission. He then welcomed ICA/Montgomery. ICA/Montgomery, in response to VC/Plunk, reviewed the procedures for the Planning Commission to follow to receive a legal response on any concern, legal inquiries, or planning matters. He explained that the intent of the procedures, which now require meetings to be held at City Hall with the presence of two Commissioners and the City Planner, are to establish a spirit of openness as well as to cut down on the costs of legal fees. ADJOURNMENT Planning Commission Minutes - December 13, 1993 Page 11 of 12 Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 9:57 p.m. to December 27, 1993 at 7:00 p.m. Respectively, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman Planting Commission Minutes - December 13, 1993 Page 12 of 12 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION AUGUST 12, 1993 CALL TO ORDER: Chairman Chavers called the meeting to order at 6:30 p.m. at the South Coast Air Quality Management District Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner Ury. ROLL CALL: Commissioners: Ury, Beke, and Chairman Chavers. Vice Chairman Gravdahl and Commissioner Cheng were excused. Also present were Senior Engineer David Liu, Administrative Analyst Tseday Aberra, and Sergeant Rawlings. MINUTES: June to & AA/Aberra reported that the Commission will not July 15, 1993 need to provide action for the Minutes of July 15, 1993 since the meeting was continued due to a lack of quorum of the Commission. C/Beke stated that he will abstain from voting on the Minutes of July 15, 1993 because he was excused from that meeting. Motion was made by C/Ury, seconded by Chair/Chavers and CARRIED to approve the Minutes of June 10, 1993. C/Beke abstained. OLD BUSINESS: Assessment of "No AA/Aberra presented the staff report regarding a Parking" concern from a resident regarding parking of signs on south vehicles in the restricted area on the south side side of of Fountain Springs Road west of Diamond Bar Fountain Boulevard. This item is before the Commission Springs Road pursuant to the City Council's direction to assess west of Diamond the subject area. It is staff's recommendation Bar Blvd. that the signs remain as requested, and that the Commission request the Sheriff's to enforce the "No Parking, 12-6:00 p.m., Monday -Friday, Except By Permit" signs located on the south side of Fountain Springs Road west of Diamond Bar Boulevard. Sgt. Rawlings stated that, upon hearing of a potential parking problem in the area, he has requested that the community service officer check the area at least once a day and issue citations for violations. Motion was made by Chair/Chavers, seconded by C/Ury and CARRIED UNANIMOUSLY to adopt ' staff's recommendation to request the Sheriff's to enforce the "No Parking, 12-6:00 p.m., Monday -Friday, August 12, 1993 Page 2 Except By Permit" signs located on the south side of Fountain Springs Road west of Diamond Bar Boulevard. Reevaluation AA/Aberra reported that the Commission has of intersections requested staff to reevaluate street intersections served by currently served by crossing guards during the crossing guards 1992-93 school year. Staff will be conducting the study around mid September, after the school year begins. It is recommended that the Commission receive and file staff's report, with the understanding that the matter will be brought back after the warrant study has been completed. It is further recommended that, following the completion of the study, should the Commission desires to recommend to the City Council to discontinue any service, such action be done at Christmas break following proper notification to the respective School District, the affected schools, parents, and faculty. Chair/Chavers suggested that the respective School District, the affected schools, parents, and faculty be notified prior to City Council's adoption of any recommendation to discontinue service. Following the warrant study, a public hearing should be held to discuss possible removal of the crossing guard service. Christmas break may be too early of a time period to discontinue any crossing guard service. SE/Liu reported that it is staff's intent to conduct the warrant study mid September of 1993, and to notify the respective School District, the affected school, parents, and faculty before the matter is brought back to the Commission in October. C/Beke concurred with Chair/Chavers that the warrant analysis of the crossing guard services should be brought to the Commission by the October, 1993 meeting, before any notification to the public has been made. The Commission will then determine which intersections will be subject to review, thus requiring public input. The Commission concurred to receive and file staff's report. Staff is to present the warrant study report at the October 14, 1993 meeting as a discussion item on the agenda. SE/Liu informed the Commission that staff will be recommending to the City Council at their -meeting of August 17, 1993, the award of crossing guard August 12, 1993 Page 3 services contract to International Services, Inc. for the school year 1993-94. Feasibility Chair/Chavers, noting that C/Cheng had requested of a left- this item to be placed on the agenda, recommended turn signal that this matter be tabled to the next meeting when on northbound C/Cheng is present to provide feedback. Diamond Bar Blvd. at Pathfinder Rd. Motion was made by Chair/Chavers, seconded by C/Beke and CARRIED UNANIMOUSLY to direct staff to review available data, reviewing CalTrans left turn phasing warrants collected as part of the General Plan's Circulation Element, to determine if this left turn signal is close to warrant, and to bring back that information at the next meeting. NEW BUSINESS: Install "No Right SE/Liu presented the staff report regarding the Turn on Red" sign request received by the Public Work Department to on Copley Drive at Golden install a "No Right Turn on Red" sign on Copley Springs Dr. Drive at Golden Springs Drive. Following investigation, has staff determined that potential visibility restriction could be reduced by trimming shrubbery located on the southerly side of Golden Springs Drive, west of Copley Drive. Therefore, it is staff's recommendation that the Commission deny the request to install a "No Right Turn on Red" sign on Copley Drive at Golden Springs Drive, and to concur with the trimming of shrubbery located on the southerly side of Golden Springs Drive west of Copley Drive. Chair/Chavers, noting that the subject intersection holds green for Golden Springs Drive for a long period of time, suggested that the side street actuation come up more quickly, similar to Long View Drive at Grand Avenue, as well as trim the shrubbery. C/Beke pointed out that such an action would stop the traffic at Golden Springs more often than necessary for the benefit of one or two cars on Copley Drive. Chair/Chavers stated that a delay on the call can be put for the right turn on red. Delaying the traffic on Golden Springs Drive to allow a left turn on Copley Drive is not a concern. C/Ury pointed out that another problem with egressing at that intersection is the excessive speed traveled by motorists on Golden Springs Drive. August 12, 1993 Page 4 Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to accept staff's recommendation to deny the "No Right Turn on Red" sign at Copley Drive and Golden Springs Drive, and ask staff to work with the County to investigate the timing to better facilitate egress out of the Gateway Corporate Center. Reorganization Motion was made by C/Ury, seconded by C/Beke and of the TTC CARRIED UNANIMOUSLY to table the matter to the next meeting to allow for a full Commission. ITEMS FROM STAFF: Status of SE/Liu informed the Commission that the City Pantera Park Council, on July 6, 1993, approved the award of design plan architectural design services to RJM Design Group for the development of Pantera Park plans and specifications. The design is scheduled to be completed by the end of the year. The Pantera Park site has 15.5 developedable acres and 7.5 hillside acres that will remain in their natural state. The phased development is conceptually planned to include a turfed park site with two adult -sized lighted ball diamonds, two lighted regulation soccer fields, restrooms, parking lot and tot -lot, as well as three lighted tennis courts and basketball court. The City is tentatively planning on having the park opened by the spring of 1995. Status of SE/Liu reported that the Pomona Unified School access road to District (PUSD) recently took possession of the Diamond Ranch property in the northeastern portion of Tres High School Hermanos Ranch for the construction of Diamond Ranch High School. The City is continuing to explore the various options available to fund construction of a westerly access to that High School site. The secondary access was indicated by the California Department of Education to the PUSD to ensure an acceptable level of safety related to traffic flow and emergency evacuation. Status of CTS AA/Aberra reported that the Public Works Department and Foothill is in contact with the Commuter Transportation Booth at Ranch Services (CTS) and Foothill to be present at the Festival Ranch Festival to provide information and respond to any question regarding transportation. ITEMS FROM C/Beke requested staff to investigate if signal COMMISSIONERS: timing of the intersection of Golden Springs Drive and Brea Canyon Road is operating correctly. He noted that the heavy traffic move from eastbound Golden Springs Drive to northbound Brea Canyon Road August 12, 1993 Page 5 is running on full traffic actuation. As soon as there is a gap in traffic, the arrow is gone, then there is a long wait for the eastbound green and the north -south green, which appear to be running on recall and penalizes the heavy move on the full traffic actuated light. SE/Liu, in response to Chair/Chavers, reported that there are five intersections budgeted for traffic signals for this fiscal year, three of which are on Golden Springs Drive and two on Diamond Bar Boulevard. Staff will bring back information with the exact locations. ADJOURNMENT: Motion was made by C/Beke, seconded by C/Ury and CARRIED UNANIMOUSLY to adjourn the meeting at 7:20 p.m. to September 9, 1993. Respectively, avid G. Liu Secretary Attest: J. Todd Chavers Chairman CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION SEPTEMBER 9, 1993 CALL TO ORDER: Chairman Chavers called the meeting to order at 6:35 p.m. at the South Coast Air Quality Management District Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by Commissioner ALLEGIANCE: Cheng. ROLL CALL: Commissioners: Ury, Beke, Cheng, Vice Chairman Gravdahl, and Chairman Chavers. Also present were Senior Engineer David Liu, Administrative Analyst Tseday Aberra, and Contract Recording Secretary Liz Myers. MINUTES: VC/Gravdahl and C/Cheng stated that they will be abstaining from voting upon the Minutes of August 12, 1993 because they were Aug. 12, 1993 absent at that subject meeting. C/Beke requested that the Minutes be amended on page 2, second paragraph to add, "...should be held to discuss possible removal of'. Motion was made by C/Ury, seconded by C/Beke and CARRIED to approve the Minutes of August 12, 1993, as amended. C/Cheng and VC/Gravdahl abstained. COMMISSION C/Ury, noting an article in the August 25, 1993 Tribune, stated that COMMENTS: the Los Angeles County is contributing $280,000 to help pay for a traffic signal synchronization project along Grand Ave. VC/Gravdahl noted that the red light on the traffic signal on northbound Diamond Bar Blvd. at K -Mart (on the right hand side) is not working. The red light on the traffic signal on Ballena Dr. and Golden Springs Dr. is also not working. VC/Gravdahl then reported that the City of Industry has sent out a Notice of Preparation on an EIR for the Material Recovery Facility. At their meeting of September 1, 1993, it was implied that the trucks traveling eastbound off of the 60 freeway would come from Golden Springs Dr. and loop back on to Brea Canyon Road. Also, it was intimated that trash may also be received from Western Waste in Riverside County, traveling on Grand Avenue. C/Beke, referring to an article in the Windmill regarding the safety of crosswalks, stated that a study conducted by other cities concluded that painted crosswalks are generally the scene of more accidents per pedestrian crossing than unpainted crosswalks because it creates a false sense of security. C/Beke then noted that the 60 freeway ramps eastbound to Golden Springs Dr. appear to be September 9, 1993 Page 2 running on recall, as is the signal timing at Golden Springs Dr. and Brea Canyon Rd. The situation seems to be deteriorating rather than improving. SE/Liu stated that staff is currently investigating the situation. C/Cheng stated that the left -turn arrow on southbound Diamond Bar Blvd. (before Gentle Springs Ln.) to go east on the 60 freeway is not aligned with the proper lane. P U B L I C Ken Anderson, residing at 2628 Rising Star, regarding the issue of COMMENTS: parking enforcement on Fountain Springs Rd. and the accident history on Fountain Springs Rd. and Diamond Bar Blvd., stated that the Sheriff Department and the City has indicated that there is no way to record a non injury accident .if the parties involved don't report it. He informed the Commission that he observed a rear end collision on August 2, 1993 at the intersection of Fountain Springs Rd. and northbound Diamond Bar Boulevard. SE/Liu reported that a traffic signal at Fountain Springs Rd. and Diamond Bar Blvd. is currently under design. OLD BUSINESS: E Feasibility of SE/Liu presented the staff report regarding the inquiry made by a left -tum C/Cheng of the feasibility of including a left -turn signal phase on signal phase northbound Diamond Bar Blvd. at Pathfinder Road. Staff has on northbound included information pertaining to CalTrans' guidelines for left -tum DB Blvd. at phases and available data for the Pathfinder Road/Diamond Bar Pathfinder Rd. Boulevard intersection in the staff report. At this time, only through - movement traffic volume counts are available for said intersection. It is recommended that the Traffic and Transportation Commission direct staff as necessary. C/Cheng explained that she has received many complaints that northbound Diamond Bar Blvd. at Pathfinder Rd. needs a left turn signal phase, particularly in the morning peak hours because of the heavy traffic. Chair/Chavers stated that there is probably a need to put a hose (counter) across both approaches to verify the peak hours for the left turn and south bound through movement to determine if there is a need for either exclusive phasing or the protected -permissive on Diamond Bar Boulevard at Pathfinder Road. At this point, there is not sufficient data to give the appropriate direction. C/Cheng noted that the situation may improve after the installation oeptember 9, 1993 Reorganization of TTC members NEW BUSINESS: Page 3 of the traffic signals on Diamond Bar Blvd. at Shadow Canyon Dr, and Fountain Springs Rd. Motion was made by Chair/Chavers, seconded by C/Ury and CARRIED UNANIMOUSLY to direct staff to collect the appropriate traffic volume to determine the traffic volume warrant status at the subject location, to be brought back to the Commission as soon as it is collected. AA/Aberra stated that staff would request direction from the Commission as to the reorganization of the Chairman and Vice Chairman position. C/Beke suggested that it may be more appropriate if the Commission postponed reorganization of the Commission following the November, 1993 City Council election. Motion was made by C/Ury and seconded by C/Beke to table the matter until the November Traffic and Transportation meeting. ROLL CALL: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: The Motion CARRIED 5-0. Beke, Ury, Cheng, VC/Gravdahl, and Chair/Chavers. None. None. None. Request AA/Aberra presented the staff report regarding the request received not to remove "2 -Hr, from Rinehart Management Company, which manages the 30 -unit Parking" restriction office building located on 21308 Pathfinder Road, to reconsider the signs: Pathfinder elimination of the current "2 -Hour Parking, 7:00 a.m. - 6:00 p.m." Road between SR signs when the Pathfinder Road Bridge Widening Project is 57 off -ramp & completed. The Rinehart Management Company feels the Brea Canyon Rd elimination of the parking spaces on Pathfinder Road will in some way cause hardship to the businesses. It is recommended that the Commission deny the request for 112 -Hour Parking, 7:00 a.m. - 6:00 p.m." signs to remain as currently posted and recommend to the City Council the installation of "No Stopping Anytime" signs on the south side of Pathfinder Road, between SR 57 off -ramp and Brea Canyon Road. -)epiemoer 9, 1993 Page 4 C/Beke noted that the striping plan furnished by the County does not indicate if there will be parking or no parking. Since diagonal parking would not be permitted, the present 12 spaces would convert to 6 or 7 spaces for parallel parking, if parking is allowed. Since the striping plans proposed neither preclude nor provide for parallel parking, why not allow parking. Chair/Chavers opened the meeting for public testimony. Patricia Hernandez, a State Farm Insurance agent and a tenant in the subject building, correcting the staff report, stated that there are 36 units in the building with 108 employees in the building. There are approximately 35 parking spaces for the building. If a few parking spaces could be maintained, it would help the situation. Carol Rinehart, owner of Canyon View Offices and Rinehart Management Company, requested that the Commission consider allowing some parallel parking spaces in front of the building. Vacancies have increased in the last few years because of the recession. The elimination of parking in front of the building will create difficulty for the small businesses. Terry Rinehart, owner of Canyon View Offices and Rinehart Management Company, stated that ICE/Wentz, after viewing the area in February of 1993, had indicated that there probably would not be a problem with maintaining some parallel parking in front of the building. At this point, there is already a shortage of parking for the building and in the area. It is very important for the tenants facing Pathfinder Rd. to have parking for their customers and employees. SE/Liu, in response to C/Beke's inquiry, explained that staff, working with Warren Siecke, the Traffic consultant, felt that there was a concern for safety and that the subject arterial should have a minimum sight distance of 400 feet from the midpoint of the first driveway. C/Beke stated that visibility for motorists in a car parked in one of the parallel spaces appears to be unlimited. Chair/Chavers concurred with C/Beke that there does not appear to be any sight distance problem looking from a parallel parked car to the west across the bridge and west of Pathfinder Rd. The only possible conflict might be visibility of those motorists coming to the off ramp and turning right on green. SE/Liu stated that staff is comparing existing conditions to the proposed roadway after the bridge widens. The eastbound traffic September 9, 1993 Page 5 will be about 30 feet closer to the south curb than before, creating a potential problem at a later date. Chair/Chavers pointed out the importance of making sure that traffic on Pathfinder Rd. flows freely. There's a need to maintain a clear zone of about 40 feet on the south side of Pathfinder Road east of the SR 57 off -ramp. During the middle of the day traffic would probably not be a problem, but not after 4:00 p.m. because of the increase in traffic. Furthermore, the striping plan should indicate a right -turn lane on eastbound Pathfinder Rd. at Brea Canyon Road, striping it very similar to the right -turn lane on the other side of Pathfinder Rd. as it enters the freeway on ramp, making it a right turn or an emergency bay. He suggested that parking be permitted, as indicated, with a 2 -hour limit between 8:00 a.m. to 4:00 p.m.. C/Ury concurred. VC/Gravdahl suggested that staff be directed to investigate the situation and determine how many spaces would be allowed in the subject area, restricting parking to 2 hours between 8:00 a.m. to 4:00 p.m., taking into consideration the sight clearance getting off the freeway, and into the first driveway. SE/Liu stated that CalTrans would require that there be no parking activity 20 feet from the end of that curb return. Additionally, a minimum of 30 -foot "No Parking" zone should be created from that first driveway. Chair/Chavers suggested that staff develop a plan for 5 parallel spaces, leaving a 40 -foot clear zone at the west end. Motion was made by C/Ury and seconded by C/Beke to direct staff to develop a plan with 5 parallel spaces, permitting parking for 2 hours only between 8:00 a.m. to 4:00 p.m., monitoring the situation, and to include the eastbound right -tum pocket for Pathfinder Rd. to go south on to Brea Canyon Road. ROLL CALL: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: The Motion CARRIED 5-0. Beke, Ury, Cheng, VC/Gravdahl, and Chair/Chavers. None. None. None. September 9, 1993 Page 6 ITEMS FROM C/Ury and VC/Gravdahl indicated that they would like to attend the COMMISSIONERS: Workshop by City Traffic Engineers Association, scheduled for October 30, 1993. ITEMS FROM SE/Liu reported that the City has installed one of the City's Entrance STAFF: Signs on Diamond Bar Boulevard south of Temple Avenue. Four more signs will be installed, one at Diamond Bar Blvd. north of Brea Canyon Road, one at Grand Avenue west of Long Yew Drive, another at Grand Avenue east of the 57 freeway, and one at Golden Springs Drive near the westerly City limit. SE/Liu confirmed that the landscape work along the northerly side of Grand Ave. between the Country entrance and Rolling Knoll Road is part of the guard rail project, which had been delayed due to the relocation of the irrigation line. The guard rail will be constructed starting from where the sidewalk ends near Rolling Knoll Road and go easterly about 2,000 feet towards Summit Ridge Drive. The City is currently contemplating concrete bollards for that portion of the sidewalk that will not have guard rails. INFORMATIONAL SE/Liu, in response to C/Bake, confirmed that Area 5 is scheduled ITEMS: to be slurry sealed during the FY 9495. C/Beke informed staff that the vacant property located on the easterly side of Brea Canyon Road south of Golden Springs Drive is still being poorly maintained. ADJOURNMENT: Motion was made by VC/Gravdahl, seconded by C/Beke and CARRIED UNANIMOUSLY to adjourn the meeting at 8:00 p.m. Res tiv ly, David G. Liu Attest: Secretary J. Todd Chavers Chairman I CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION OCTOBER 14, 1993 CALL TO ORDER: Chairman Chavers called the meeting to order at 6:36 p.m. at the South Coast Air Quality Management District Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner Ury. ROLL CALL: Commissioners: Ury, Cheng, Vice Chairman Gravdahl, and Chairman Chavers. Also present were Senior Engineer David Liu, Administrative Analyst Tseday Aberra, Sergeant Rawlings, and Contract Recording Secretary Liz Myers. MINUTES: Sept. 9, 1993 Motion was made by C/Ury and seconded by VC/Gravdahl to approve the Minutes of September 9, 1993 as presented. COMMISSION VC/Gravdahl suggested that the meeting be adjourned in COMMENTS: memory of Mr. John Beke. The Commission concurred. PUBLIC COMMENTS: Deborah Reneger, residing at 1386 Rolling Knoll Road, inquired if Mountain Laurel Way at Diamond Bar Boulevard could be striped with left turn lanes to ease the traffic flow. Chair/Chavers requested staff to investigate the appropriateness of striping Mountain Laurel Way, and to determine which striping method is best, a shared through right or shared through left. Kathy Bandak, residing on Fallowfield Drive, stated that employees from the First Mortgage Building are still parking on the street despite the 2 -hour parking restriction. It seems that there is little the Sheriff Department can do since vehicles are moved a few feet at the end of the 2 hours. She suggested the installation of "No Parking 8:00 a.m. to 5:00 p.m." in the neighborhood. She requested direction as to what is needed to start the process of eliminating parking. Chair/Chavers explained to Ms. Bandak that the Commission has been reviewing the parking issue on Fallowfield Drive for the last year. The City will not install "No Parking" signs unless there is concurrence from the neighborhood. Residents have expressed their opposition to "No Parking" signs. The dilemma with "No Parking" signs installed in front of just a few October 14, 1993 Page 2 homes, perhaps 100 feet from First Mortgage Corporation, is that the employees will then begin parking 101 feet from the business. It is statistically shown that people will walk up to a quarter of a mile from the place they have parked, which would pretty much encompass the Fallowfield Drive/Pasco Court neighborhood. He suggested that Ms. Bandak keep in contact with staff for the appropriate steps in the process. Chair/Chavers requested staff to place the item on the next agenda, and to bring back a summarization comparing the parking problem existing today with the problem existing last year. Deborah Reneger suggested that the First Mortgage Corporation be required to construct a multi-level parking structure. Chair/Chavers explained that the Commission considered many options, including structured parking. However, it was determined that the site plan precludes any kind of structured parking. Ken Anderson, residing at 2628 Rising Star Drive, requested the Commission to revisit the issue regarding the location of the driveway on Fountain Springs Drive of the Country Hills Towne Center. He also requested further review regarding the inadequate parking of the Professional Building, located at 2707 Diamond Bar Blvd., (next to Country Hills Towne Center). Much of their overflow parking must go to Country Hills Towne Center, which also has inadequate parking. OLD BUSINESS. Evaluation of AA/Aberra reported that, per Commission direction, Austin Crossing Guard Foust Associates, Inc. reevaluated, in late September of 1993, Services the nine (9) existing street intersections that currently have crossing guards, as well as four (4) additional intersections. Based on the study, as shown on Table 1 of the staff report, only two of the nine existing intersections were warranted for adult crossing guard services, however, all nine have been "grandfathered in" in order to continue crossing guard services. It is recommended that the Commission: 1) continue current crossing guard services through the remainder of the school year; 2) reconsider this matter in April or May of 1994; and 3) for future years, recommend crossing guards only at intersections that meet current warrants, based on Austin Fousts" study. October 14, 1993 Page 3 C/Ury pointed out that part three of the recommendations would preclude the issue coming back before the Commission for review. If the current warrants are not met, then the automatic recommendation would be that they be discontinued. The statement "based on Austin Foust's study" should be eliminated, and the warrants should be based upon the new study at the time. VC/Gravdahl inquired if grandfathering in the existing intersections with crossing guards commits the City to crossing guards during summer school as well. SE/Liu stated that the City would be committed, however, only two schools currently receive crossing guards during summer school. Motion was made by VC/Gravdahl and seconded by C/Ury to accept staff's recommendation, omitting the statement "based on Austin Fousts' study" in item #3, with direction that the issue come back to the Commission with updated figures at the end of May, 1994. Chair/Chavers suggested that the City consider committing to providing a crossing guard to each Elementary School, if it is financially feasible. The crossing guard can be used in the manner best suited for each school's need, based upon the review of the Commission. Removing any traffic control measure, which includes crossing guards, particularly those that people have become accustomed to, creates a potential liability for the City. Furthermore, this community has a standard and an expectation, which may differ from the set State-wide standards. The community may perceive the removal of a crossing guard as detrimental. If there is a desire for more than one crossing guard, then it would require that the intersection meet the warrants based upon the community standard. He pointed out that if the City chose to lower the standards to justify the existing crossing guards, then a problem may occur because almost all intersections in the City may then warrant crossing guards. VC/Gravdahl pointed out that there should be a clearer picture of the City's budget around May of 1994. Not all schools need crossing guards, such is evident at Diamond Point Elementary School. Furthermore, a crossing guard can give a false sense of security. Other alternatives should also be considered to help with the traffic problems at the schools. October 14, 1993 Page 4 Therefore, a review of the issue in May of 1994 would seem appropriate. Chair/Chavers, concurring with C/Ury, noted that #2 and #3 of the recommendation are mutually exclusive. Perhaps item #3 should be eliminated. He also pointed out that, judging by the size of the audience, it would appear that the City has not notified the schools of our intent to recommend guards only at intersections that meet warrants. VC/Gravdahl and C/Ury withdrew the motion and the second. Motion was made by VC/Gravdahl and seconded by C/Ury to continue current crossing guard services through the remainder of the school year, and to reconsider the matter in April or May of 1994, eliminating item #3 of staff's recommendation. Chair/Chavers open the meeting to allow for public testimony. Nelson Vanderwall, residing at 20739 Lycoming Street #81, expressed his concern that even though the traffic at Lycoming Street is heavy, it did not meet the warrants and therefore, it will not be getting a crossing guard on Lycoming Street at Glenwick Avenue. Chair/Chavers stated that there is no need for staff to collect further data in April or May of 1994 because the data collected now will be the same in May since enrollment at the schools will remain pretty constant, and so will the traffic. It may be more preferable to reconsider this issue immediately while schools are in full swing and able to respond. The schools should be notified of the recommendation to consider eliminating crossing guards at intersections that do not meet the warrants. VC/Gravdahl amended his motion as follow: to recommend continuing current crossing guard services through the remainder of the school year, and to schedule the matter for review at the January 1994 Commission meeting, notifying the schools of the recommendation to consider eliminating current crossing guards at intersections that do not meet the warrants. Item #3 of staff's recommendation is to be deleted. It would be beneficial to have a representative present at the meeting who is able to define the needs from each of the school. C/Ury seconded the motion. The Motion Carried by the following Roll Call vote. AYES: Ury, Cheng, VC/Gravdahl, and Chair/Chavers. NOES: None. October 14, 1993 Page 5 ABSTAIN: None. ABSENT: None. SE/Liu stated that staff will provide all the necessary information to the schools so that they have enough data to respond back at the Commission meeting. NEW BUSINESS: Grand Ave./ SE/Liu reported that the Walnut Sheriff Station requested the Longview Dr. Department of Public Works to consider the modification of the Traffic Signal existing traffic signal on Grand Avenue at Longview Drive in order to provide better visibility for the westbound travelling motorists approaching from the east. Staff has considered the modification of westbound signal head via two alternatives: (1) welding a new mounting tenon (1 " pipe) on the existing mast arm, or; the installation of a side -mount head at 15' elevation on the existing pole shaft by bolting. It is recommended that the Commission review the alternatives and provide further input regarding this matter. Chair/Chavers suggested that staff consider using an astro bracket instead of a welded tenon because it is less expensive and more easily adjusted. Motion was made by Chair/Chavers, seconded by VC/Gravdahl and carried to direct staff to install the signal head they feel is appropriate. STATUS OF A. Submitted a work order to the Los Angeles County PREVIOUS ACTION Department of Public Works to investigate current signal ITEMS: timing on Copley Drive at Golden Springs Drive. SE/Liu reported that the wait for the right -turn green time for the current signal on Copley Drive to Golden Springs Drive has been reduced from 60 seconds to 35 seconds. B. Conducting left -turn and opposing through traffic movement counts on northbound Diamond Bar Boulevard at Pathfinder Road. SE/Liu reported that staff will be proceeding with the counts in approximately two weeks. C. Creation of a right -turn lane on eastbound Pathfinder Road at Brea Canyon Road, the installation of five (5) parallel parking spaces with "No Stopping, 6-8:00 a.m. October 14, 1993 Page 6 & 4-6:00 p.m., except Saturday and Sunday" signs supplemented with "2 -Hour Parking, 8:00-4:00 p.m., except Saturday and Sunday" signs in lieu of the existing "2 -Hour Parking, 7:00 a.m.-6:00 p.m." and appropriate red curbing on south side of Pathfinder Road between SR 57 off -ramp and Brea Canyon Road to be discussed by the City Council on October 5, 1993. SE/Liu reported that this work will not be done until the Bridge work is finalized, which is anticipated to be completed in November of 1993. ITEMS FROM SE/Liu stated that the contract for the signal at the intersection STAFF: of Pathfinder Road and Brea Canyon Road has been awarded to Macadee Construction. SE/Liu reported that 4 of the 5 City Entrance Signs have been installed. The fifth sign will not be installed until the medians are finished on the westerly side of the City limits on Golden Springs Drive, ITEMS FROM Chair/Chavers reminded the Commission of the Commissioner's COMMISSION: workshop scheduled October 30, 1993. SE/Liu suggested that the Commission adjourn the meeting to November 18, 1993 because the regularly scheduled meeting date of November 11, 1993 falls on a national holiday. ADJOURNMENT: Motion was made by Chair/Chavers, seconded by C/Ury and carried unanimously to adjourn the meeting at 7:50 p.m. to November 18, 1993 in memory of Mr. John Beke. Respectively, David G. Liu Secretary Attest: J. Todd Chavers Chairman 1 1 [ I CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION NOVEMBER 18, 1993 CALL TO ORDER: Chairman Chavers called the meeting to order at 6:30 p.m. at the South Coast Air Quality Management District Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by Chairman ALLEGIANCE: Chavers, ROLL CALL: Commissioners: Ury, Vice Chairman Gravdahl, and Chairman Chavers. Commissioner Cheng was absent (excused). Also present were Senior Engineer David Liu, Administrative Analyst Tseday Aberra, Sergeant Rawlings, and Contract Recording Secretary Liz Myers. MINUTES: Oct. 14, 1993 Motion was made by C/Ury and seconded by VC/Gravdahl to approve the Minutes of October 14, 1993, as presented. COMMISSION VC/Gravdahl requested staff to investigate the intersections of COMMENTS: Rock River Rd./Clear View Crest Dr. and Eagle Nest Drive. Both intersections could qualify for a stop sign because visibility is poor. PUBLIC COMMENTS: There were none. CONSENT CALENDAR: Four -Way Stop Control Chair/Chavers, noting a recent bad accident at the intersection Warrant Analysis at of Mountain Laurel Way and Maple Hill Road, inquired if Mountain Laurel Wy. additional speed enforcement would help reduce the possibility and Maple Hill Road. of collisions in the area. Sgt. Rawlings stated that, to his knowledge, the problem of collisions in the area is not severe. Additional enforcement has already been provided in the area. However, motor officers have expressed a concern for enforcement on Mountain Laurel Wy. because using radar on streets more than 40 feet wide that have not been surveyed would constitute a speed trap. Moved by C/Ury and seconded by VC/Gravdahl to approve the Consent Calendar item. The Motion carried by the following ROLL CALL vote: November 18, 1993 Page 2 Ms. Kathy Bandak, residing on Fallow Field Drive, submitted pictures demonstrating the amount of cars parked in her neighborhood. She stated that, if needed, signatures petitioning for a "No Parking, 8:00 p.m. -5:00 p.m., Monday - Friday, Except on Holidays" sign will be obtained and submitted to the City. To be effective, the "No Parking" restriction would have to be enforced for the entire neighborhood. She pointed out that, at this time, it is impossible for police officers to enforce the 2 -hour parking because First Mortgage Corporation employees are merely moving their cars a few inches every two hours to get around the system. Chair/Chavers suggested "No Parking from 10:00 a.m. to 2:00 p.m." signs as a more enforceable type of restriction. If the restriction is placed in the middle of the day, residents can still have a car parked in front of their house overnight, in the morning, and in the late afternoon, yet effectively keeping employees of First Mortgage Corporation from parking in the residential neighborhood. AYES: COMMISSIONERS: Ury, VC/Gravdahl, and Chair/Chavers NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Cheng. OLD BUSINESS: Evaluation of SE/Liu reported that the City has received comments regarding " 2- H o u r Pa r k i n g" the ineffectiveness of the "2 -Hour Parking, 8:00 a.m.-5:00 restriction p.m., Monday -Friday" signs, located on the east side of Fallow at Fallowfield Dr. Field Drive between Brea Canyon Cut-off Road and Pasco Court. It appears that the First Mortgage Corporation employees do not abide by the established restriction. The intent of these signs was to allow for visitor parking, and to keep carpoolers out of the residential area. However, upon observing the area, it is staff's belief that the use of street space for parking purposes has reached a balanced point between the residents and the First Mortgage Corporation. It is recommended that the Traffic and Transportation Commission make no changes to the existing "2 -Hour Parking, 8:00 a.m.-5:00 p.m., Monday -Friday" signs on Fallow Field Drive at this time. Ms. Kathy Bandak, residing on Fallow Field Drive, submitted pictures demonstrating the amount of cars parked in her neighborhood. She stated that, if needed, signatures petitioning for a "No Parking, 8:00 p.m. -5:00 p.m., Monday - Friday, Except on Holidays" sign will be obtained and submitted to the City. To be effective, the "No Parking" restriction would have to be enforced for the entire neighborhood. She pointed out that, at this time, it is impossible for police officers to enforce the 2 -hour parking because First Mortgage Corporation employees are merely moving their cars a few inches every two hours to get around the system. Chair/Chavers suggested "No Parking from 10:00 a.m. to 2:00 p.m." signs as a more enforceable type of restriction. If the restriction is placed in the middle of the day, residents can still have a car parked in front of their house overnight, in the morning, and in the late afternoon, yet effectively keeping employees of First Mortgage Corporation from parking in the residential neighborhood. November 18, 1993 Page 3 Sgt. Rawlings indicated that such a restriction would be more enforceable because there would be no doubt that cars are parked illegally during that time frame. Chair/Chavers suggested that the neighborhood discuss the issue to reach a consensus on the hours to be restricted. He then inquired how the area directly in front of First Mortgage corporation on either side of Fallow Field Drive should be handled. SE/Liu reported that First Mortgage Corporation specifically requested, back in December of 1992, that the west side of Fallow Field Drive , between Brea Canyon Cut-off Road and Pasco Court, be utilized as a visitor parking area. In addition, the surveys sent in 1992, to the approximate 50 residents in the area indicated that they would like the "2 -Hour Parking" sign to remain. Chair/Chavers pointed out that though the residents wanted the sign to remain, their actual preference was a "No Parking" restriction. However, it is fairly obvious from the evidence that cars are being parked all day long, and it is doubtful that the area is being used for visitor parking. SE/Liu suggested that a meeting be scheduled with First Mortgage Corporation , a representative from the Sheriff Walnut Station, and staff asking First Mortgage Corporation formally to cooperate with the City regarding the parking situation. Chair/Chavers stated that since the "2 -Hour Parking" restriction is unenforceable, First Mortgage Corporation will continue to use that piece of the street for long term parking, unless there is a "No Parking" restriction. Chair/Chavers suggested that a member of the Traffic and Transportation Commission, and staff meet with the leaders of the neighborhood to determine alternate proposal(s) that would be feasible. The leaders could then survey the neighborhood on which proposal is preferred. C/Ury and VC/Gravdahl volunteered to be present at such a meeting, with a couple of the residents and staff. Moved by Chair/Chavers and seconded by C/Ury to adopt staff's recommendation, and to direct staff to set up a meeting with members of the community, two Commission members, and staff, to discuss alternatives to describe some no parking November 18, 1993 Page 4 and parking restrictions in the area of Fallow Field Drive. The Motion carried by the following ROLL CALL vote: AYES: COMMISSIONERS: Ury, VC/Gravdahl, and Chair/Chavers NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Cheng. C/Ury suggested that staff also invite representatives from the First Mortgage Corporation to attend the meeting. Chair/Chavers stated that it would seem more appropriate to reach a consensus with the neighborhood first before addressing First Mortgage Corporation. VC/Gravdahl concurred. SE/Liu reported that, pursuant to the Commission's request, NEW BUSINESS: the intersection of Diamond Bar Boulevard and Pathfinder Road was studied with respect to the need for traffic signal left -turn Traffic Signal phasing on northbound Diamond Bar Boulevard at Pathfinder left -turn Road in order to reduce left -turn vehicle queues. The phasing at applicable CalTrans warrants for the addition of the left turn DB Blvd. at phasing at this intersection were utilized. Of the three Pathfinder Rd. warrants (accidents, delays, and volume), the frequency of left - turn accidents is the cause for concern. Four accidents have occurred in the most recent 12 -month period, indicating that there may be a problem developing that will be exacerbated by future increases in traffic volume on Diamond Bar Boulevard. It is recommended that the Traffic and Transportation Commission not install the left -turn phasing at this time. It is further recommended that the accident statistics be monitored at three to six month intervals to determine if the frequency reaches five per year and thereby warrant the installation of left -turn phasing. SE/Liu then stated that the estimated cost, at this time, for the left -turn phasing, when it does become warranted, is estimated at $30,000, and would have to be incorporated into the Capital Improvement Program. C/Ury expressed his concern that another couple of accidents would have to occur before warranting the left -turn phasing. The intersection should be closely monitored. Chair/Chavers noted that CalTrans Traffic Manual does not deal with protective -permissive phasing, but only with exclusive left -turn phasing. He also noted that the Manual on Uniform Traffic Control Devices, used for the national 1 1 1 November 18, 1993 Page 5 standards, does not have left -turn warrants, leaving the decision entirely up to the judgement of the engineer. He suggested that a leading northbound left arrow be utilized, similar to what is used at northbound Golden Springs Drive at Diamond Bar Boulevard, that is a protective -permissive sequence. C/Ury concurred with Chair Chavers to start immediately with a protective arrow, and then go to a protective -permissive phasing. Moved by Chair/Chavers and seconded by VC/Gravdahl to accept staff's recommendation to not install the left -turn phasing at this time, but to amend the recommendation to direct staff to pursue installation of protective -permissive left - turn phasing for northbound Diamond Bar Blvd. at Pathfinder Road. The Motion carried by the following ROLL CALL voter AYES: COMMISSIONERS: Ury, VC/Gravdahl, and Chair/Chavers NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Cheng. ITEMS FROM Chair/Chavers requested staff to investigate why raised COMMISSIONERS: medians have been installed between the two ramp terminals on the Pathfinder Bridge. The County had indicated that it would be painted a double yellow because it was uncertain what the left turn demand would be. C/Ury noted that there are many cars parked in the red painted area by the Honda dealership on the west side of the freeway. Sgt. Rawlings explained that the area is under the City of Industry's jurisdiction and they are aware of the illegal parking. C/Ury commented on the lack of attendance regarding the consent calander item on Mountain Laurel Way. VC/Gravdahl noted that the three-way and four-way stop signs at the intersections in the area of Armitos Place and Leyland Drive are almost being ignored by motorists. Many of the motorists are traveling at excessive speed. Sgt. Rawlings stated that people often do not stop at stop signs that are placed in areas that appear to be unwarranted. Excessive speed is a problem on streets that are designed long November 18, 1993 Page 6 and service feeder streets, such as Leyland Drive and Longview Drive. Additional enforcement in those areas do slow motorists down, but speeding reoccurs when officers leave the area. ITEMS FROM SE/Liu reported the following items: the Ribbon Cutting STAFF: Ceremony for the Pathfinder Bridge is scheduled for December 2, 1993 at 10:30 a.m.; Mr. Frank Usher is the new Assistant City Manager; the Term of Office for the Traffic and Transportation Commissioners will expire on February 28, 1994; and Mayor Pro Tem Papen has appointed Mrs. Lou Esposito to fill the vacancy on the Traffic and Transportation Commission. AA/Aberra stated that staff has recommended that the meeting, be adjourned to December 16, 1993 because this years Christmas Party/Open House is schedule the same date as the regularly scheduled meeting of December 9, 1993. ADJOURNMENT: Motion was made by Chair/Chavers, seconded by VC/Gravdahl and carried unanimously to adjourn the meeting at 7:30 p.m. am to December 16, 1993 at 6:30 p.m.. Respectively, David G. Liu Secretary Attest: J. Todd Chavers Chairman 1 CARL WARREN & CO. TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC City Clerk � �t W. •.�'. i Y `'s� Gu wi'ri:t� iti'1i 1 � Ir+1 a'Y3rL 94 JA`. 28 P 41 1: 42 January 27, 1994 RE: Claim Quesada vs. Diamond Bar Claimant Rosalinda Quesada D/Event 9-27-93 Recd Y/Office 1-24-94 Our File S 79326 AB We have reviewed the above captioned claim and request that you take the action indicated below: [B] CLAIM REJECTION: Send a standard rejection letter to the claimant. [ ] CLAIM INSUFFICIENCY• 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 SUBMIT A "REJECTION LETTER See Government Code Sections 910 and/or 910.2 and/or 910.4. [ ] AMENDED-/-SUPPLEMENTAL-CLAIM: Send a standard rejection letter to the claimant, rejecting this additional/amended claim. [ ] LATE CLAIM RESPONSE: Return the original claim material to the claimant, advising that the claim is late and that their only recourse is to file a written "Application for Leave to Present a Late Claim". (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 SEND A "REJECTION" LETTER See Government Code Section 911.4 [ ] APPLICATION REJECTION• Reject claimant's "Application for Leave to Present a Late Claim. See Government Code Section. 911.8. [ ] TAKE NO ACTION: 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, CARL WARREN & COMPANY Dwight J. K TO PERSON OR PROPERTY INISTR.UCTIONS I , 1. Claims for death, injury to person or to personal property must be filed not later than b rhos, after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year after occurrence. (Gov. Code Sec, 911.2) 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. 7. Claim must be filed with City Clerk. (Gov. Code Sec. 915a) To: The City of Diamond Bar lame of Claimant rl( ) 17�ii'� Home Address of Claimant A_'iirI l� ,y - ,( , , ;`;I,t;<'I Business Address of Claimant C-7 /-, c, r• i., , I tt i r", City and State City and State 1-(i Give address to wnich you desire notices or communications to oe sent regarding this claim: 24 P1 2.39 Age of Claimant (if natural person) Home Telephone Number nC>C) JCl C- . � Lc- (; � 1 Bus ess Telephone Number h( I i ,c. -, '01, t < < �.�,1, ,F How did DAMAGE or INJURY occur? Give full particulars. Cit (,tS C't� rn\-I ��C�� +`K G 7 5 Gt.m C_)r 1 G - z 7 1 t)C-,+tc rt Hit- c,(,Cc wcti5 be tnC, tvc�r kPct c,n nC-, CC�n�_ j S�t►'1�'L't�Cll YIGJ t i�E_ Gil�{'C-1 I n rY\I VlC1l c.,tn-�t �c-!t t h t_ -Dt✓-e e -. Lt n { i l c,CrF 4-c) n C+ t C_e c i c) n rn-! C ci r (r_CQzLjr-)tit'L yin ��r� t -t• W nen aid DAMAGE or INJURY occur? Give full particulars, date, time of day: Af'tr Where did DA:'14AGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet, where appropriate, give street names and addresses and measurements from landmarks: CC'► I l(i ( (`=, ltF,r1 nr)n r-_OILI t= t; i '.'hat particular ACT or OMISSION do you claim caused the injury or damage? Give damage, if known: of City employees causing the injury or What DAL?GE cr :.\.,LRIES do you claim resulted? Give full extent of injuries or damages claimed: G n d s i - t- r- What ation: T co you cia:m on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: 1 '1_ �lr��• r.+P 04-LicbiPd -f LL in SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SI=_ s a�.ce pay. nems r_ e_. ed. :fa Z Expenditures made cn account of acczdent yDa.o _ lte_n) arae and address cf Wi,nesses, Doctjrs a.._ u_,pzta s: READ CAREFULLY For all accident claims place on follo-wing diagrain rarr.es of s!z eets, including North, East, South, and West; indicate place accident by "X" and by showing house numbers or distances to street corners. If City Vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and b or your vehicle %+hen you first saw City vehicle; location of City vehicle at time of accident by "A-1" and location of your of yc�r_e_f vehicle at the time of the accident by "B-1" and the point of impact by ,X.,, yourseL cr NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS Lj 7 FOR OTHER ACCIDENTS Signature of Claimant or person filing on his behalf giving relationship to Claimant: , C ArA..S i,4C'ST BE E'IT_ED WI`IW CI^_'V CLERK (MV. SDE SEC. 915x) . CUQB. C) n Lc:; ctiy i) (2` r n -p— 1 C.,--) n - r r r�� c► +!hct->• my Cc. rr L,, -2c -,D c1G r� c�cJ due. -+c +he_ pain+ on 4-h e S -t-r-e e7+ . Yc, u c v u 1d Sf- vn s-t�e_�f cc, i -,t (c c)-ther Qcwt> had rD n cv-e +Vi (t-� 5cime_ .5pn-t .. T%e same eulGr a -C F;-` Pa t n -t !.L} h t Lh L$ v n r -n\4 M(- + h e- ir+tie erne- Color c"1 F a; ►�} 4 he scm e 4) lo r U-� p cti t ni tit&ed O n rOC�c1 Lc_(,rrk -further pp On - .-0 APYr1int i991, 1992 Al" Rignts Reserved CN aFP E—= 'y Au"r C] iBLio v 55.=,4 AHROW H I L_J-HWA'r MON_I CLA i R, CA 5176__- LN. P.y�R}}��.. [#�#[ AK 1/48,:'_,-r 907 =ax: c909) y'Li--41065 V1msiblM DaRm4R20 L_!uotaktion 4*332 ROSAL I IVDA QUESA I -A 4361 E. MISSION # 195 POMONA, CA 91767 Phone: 909 590-3681/ 92 NISSAN SENTRA VIN1 JN1EB31PXNU500425 Mileage: 0 . Options: Style 1 4 DR. E Lic. Plate: 3DEE240 Paint Code: Prod. Date: Profile : LUSTOM Deductible: 0.00 by JIM SMALL on 01-19-94 Insurer : C.O.D. Adjuster : Appraiser: Claimant : Insured : Policy # : Claim # : 332 AL- Labor On Demcripion Price 8.88* Labor 0.8s Paint UB PIG Part Number 0.5e EIIS* 1 REPAIR FENDER SPLASH a= 2 REFINISH L ROCKER PANEL 8.08 8.8 2.8 REF! 3 REFINISH L FRT DOOR OUTSIDE 8.88 0.8 1.8 REFI 4 REFINISH L REAR DOOR OUTSIDE 8.00 0.8 1.8 REFI 5 ADL OPER CLEAR COAT 8.1@ 1.5 0.0 REFI+ } Judgement Item REFINISH 7.68 28JO 212.80 PAINT MATERIALS 136.88T HAZARDOUS WASTE 5.88T ion -Taxed Labor 212.88 Taxed Costs 141.80 Tx 7.758% i0.99 Labor ( 7. 6 hrs ) 212.80 Add'1 Costs/Materials 141.80 Tax 10.99 THIS ESTIMAI-E MAY NOT BE COMPLETE IF ANY HIDDEN DAMAGE FOUND.ANY ADDITIONAL DAMAGE WILL BE APPROVED BY CUSTOMER OR INSURANLE LO. LUSTOMER WILL BE RESPONSIBLE FOR ALL REPAIR COST UNLESS APPROVED BY BY SHOE' FIRST. ALL SHOE' REPAIRS WARRANTIED FOR ONE YEAR ALL PAINT FOR THREE YEARS. ALL PARTS ARE NEW UNLESS uTHERWISE NG1ED. QUALII"Y COMES FIRS -I "T CHAFFEY AUTO BODY. !HANKS AGAIN JIM SMALL & EMPLOYEES CITY OF DIAMOND t3A-x AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: February 15, 1994 REPORT DATE: Febnmy7,1994 FROM: Joann M. Gitmed, Senior Accountant Membership of the City of West Hollywood in the Southern California Joint Powers Insurance Authority (SCJPIA). SUMARY: The Southern California Joint Powers Insurance Authority Executive Committe, at their meeting of January 26, 1994, recommended approval of the City of West Hollywood as a member of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. RECOMMENDATION: Approve membership of the City of West Hollywood in the SCJPIA and authorize C/Miller to execute the consent form as the City's delegate to the Authority. LIST OF ATTACHMENTS- _ Staff Report _ Resolution(s) _ Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) XX Other ftmbership Application.) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes XX No by the City Attorney? _ 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? Yes XX No 4. Has the report been reviewed by a Commission? _ Yes XX No Which Commission? _ 5. Are other departments affected by the report? Yes XXX No Report discussed with the following affected departments: _ RE WED BY: T ence L. Belanger Frank M. Usher loann M. Gitmed City Manager Assistant City Manager Sr. Accountant i�}tp�Er� R SOUTHERN CALIFORNIA C } YLCN K Q JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, Califowws PM 1: 41 (800) 229-2343 FAX (310) 860-4992 TO SCJPIA DIRECTOR C/O CITY CLERK, SCJPIA MEMBER CITY FROM THOMAS M. BUTCH, GENERAL MANAGE9ZW44e� DATE JANUARY 27, 1994 SUBJECT APPROVAL OF MEMBERSHIP FOR THE CITY OF WEST HOLLYWOOD The SCJPIA Executive Committee at their regular meeting on January 26, 1994 recommended the approval of the new City of West Hollywood for membership In the Authority, subject to the following: (1 ) That all claims related to soils or slope movement be excluded; and (2) The initial primary deposit has been established at $141,000. The development of the deposit was based on a pro -forma utilizing the city's claims history. The annual excess general liability deposit has been established at $72,000, based upon .97% of the imputed annual payroll. Primary Deposit $141,000 Excess Pool Deposit 72.000 Total Annual Liability Deposit $213,000 Enclosed is a Membership Consent Form for the admission of the City of West Hollywood along with the report of Physical Survey. We are requesting that each City Clerk deliver the enclosed materials to the SCJPIA Director appointed by their Council, and expedite returning the form to this office as soon as possible. If the Director is unavailable, the duly appointed Alternate may execute the Consent. The SCJPIA Bylaws permit the independent judgment and action of your City's Director (or Alternate) on this matter, so that Admissions may be accomplished in a timely manner. if your City's procedures require Council action on the matter, please arrange that this item be given special handling at your next Council Meeting. Thank you in advance for your assistance in expediting the return of the consent form by February 18, 1994. Please feel free to call this office if you have any questions. SO SOUTHERN CALIFORNIA CAL. O JOINT POWERS INSURANCE AUTHORITY 4952 La Palma Avenue, La Palma, California 90623 M (800) 229-2343 FAX (310) 860-4992 MEMBERSHIP APPLICATION REPORT OF PHYSICAL SURVEY of CITY OF WEST HOLLYWOOD I. GENERAL INFORMATION: A. Date of Survey: October 13,1993 B. Participants in Survey: 1. For SCJPIA: Thomas Butch, General Manager Patricia France, Risk Manager David Jones, Risk Manager Jeff Jones, Risk Manager 2. For City: Abbe Land, Mayor Pro Tem John Heilman, Councilmember Babette Lang, Coundlmenber Paul Brotzman,City Manager Bob Edgerly, Assistant City Manager Paul Arevalo, Director of Finance Joan English, Director of Department of Transportation & Engineering Gay Forbes, Director of Community Services Mark Johnson, Director of Rent -Stabilization Andy Haerdler, Risk Manager C. Description of Applicant: The City of West Hollywood is a "corridor" city located approximately 8 miles northwest of the Los Angeles Civic Center. The CRIT extends for a maximum east -west distance of about 2.9 miles and is 1.25 miies at Its widest from north to south. It is surrounded on 3 sides by the City of Los Angeles; on the north by the Hollywood Hills, on the east by the oommunRy of Hollywood, and on the south by the Fairfax District. The City of Beverly Hills abuts the city to the west. The conliguration of the city along major east -west highways effectively makes West Hollywood a conduit for travel across the Los Angeles metropolitan area. Page -1- The City occupies approximately 1.9 square miles. Of this, 98.7°% is developed with urban uses that include residential, commercial, commerciaHnanufacturing, parks, public and institutional uses, and strests and alleys. Multiple -unit apartments and condominiums dominate the residential areas of the city; most of these areas exceeding densities of 45 units per acre. Commercial uses, generally are located in narrow strips along the principal east -west streets; Santa Monica Blvd, Sunset Blvd, Melrose Ave, and Beverly Blvd. The areas are home to a number of major industries serving the Southern Callomia region; i.e., design furnishings, entertainment, restaurants, hotels, and specialty commercial, as well as local -serving uses. The City incorporated on November 29,1984 becoming the 84th city in Los Angeles County. West Hollywood is a general -law city with a councG-manager form of government. Council members serve four year overlapping terms with one council member selected by the other council members to serve as mayor. The population is approximately 36,000. The City contracts with outside organizations to provide city services and has 141 full-time employees. The current budget Is approximately $40 million with salaries totalling approximately $7.5 million. The City realizes the value of risk management in a municipality and employs a full-time risk manager. The primary function of the job is loss prevention and loss control. As an example of risk management Involvement contracts are reviewed to ensure appropriate indemnification language is used. The risk manager Is presently working on a computer system that would simplify contract assembly, incorporating uniform wording and indemnnicationthold harmless agreements. The majority of claims arise from contractor's activities; the risk manager, together with the third party administrator, transfers them to the appropriate responsible agency, thus reducing incurred loss cost. It. CURRENT INSURANCE PROGRAM A. General and Automobile Liability: The City currently purchases a commercial general liability policy which includes automobile coverage from The Insurance Company of the West. Premium for the primary policy. in the amount of $1,000,000, with $150,000 self-insured retention, is $95,196.00. The premium for Excess coverage in the amount of $9,000,000 Is also through The Insurance Company of the West and is $53,253 annually. The total for the primary policy and excess policy is $148,449.00. B. Workers' Compensation: West Hollywood Is insured through the State Compensation Insurance Fund. Coverage "A" provides benefits required by The State of California. Coverage "B" provides Employer's Liability in the amount of $3,000,000. The retention level is $150,000. The present premium Is $193,100. C. Property Insurance: West Hollywood presently purchases coverage from The Chubb Group. The total Insured value is $10,120,000 at a premium of $20,000. III. EXPERIENCE AND LOSS DATA A. General and Automotible Liability: The City made available to the SCJPIA five years of loss history. -2- In the most recent year, May 1992 through May 1993, 22 claims were presented with an Incurred value of $94,440. No claims paid to date. The reserves on all claims are low, the majority being in the "slip and far category. In claim year 1991 to 1992, the total incurred loss was $42,480. There were 21 claims presented; 17 have closed, 4 remain open. No paid claims to date. More than half of the Incurred $24,780 is either reserved or paid expense indicating the City's efforts and interest in reduced claims costs. In claim year 1990-1991, the total incurred loss was $46,880. There were 38 claims presented and 8 remain open. Claims paid to date are $4,500. Expenses, both reserved and paid, are $28,180. In claim year 1989-1990, the total incurred loss was $137,380. There were 51 claims presented and 2 remain open. Claims paid to date are $10,250. Expenses, both reserved and paid are $121,113. In claim year 1988-1989, the total incurred loss was $87,990. There were 36 claims presented and 2 remain open. Claims paid to date are $1,500. Expenses, both reserved and paid are $81,489. There was also a review of the City's claims which fall outside the City's present insurance coverage. It does not appear they would impact the SCJPIA Special liability Protection Program. There would be no negative impact to the SCJPIA's costs. B. Workers' Compensation: Insured losses were reviewed for the same five year time period. The City, through Irs Risk Manager, has established a safety committee to review workers' compensation claims, and Is closely monitoring prevention efforts with a view to substantially reduce workers' compensation claims costs for the future. C. Property: The City has suffered some minor property losses over the past five years, a total amount of $6,230. IV. APPLICATION FEE AND DEPOSIT COMPUTATIONS A. Application Fee: The City has paid an application fee of $1,500. B. General Liability Deposit: The initial Primary deposit was established at $141,000. The development of the deposit was based upon a pro -forma utilizing the City's claim history. The Excess General Liability annual deposit was established at $72,000 based upon .9710/6 of the annual payroll. Both figures used for establishing initial deposits were approved and adopted by the SCJPIA Executive Committee. -3- C. Workers' Compensation Deposit: City participation in the SCJPIA Workers, Compensation program may be appropriate for consideration in the future, especially coupled with the City's strenuous preventioNmltigation efforts. D. Property: It would be advantageous for the City to consider the SCJPIA Property Program in the future. The present rate is approximately 4 cents per $100 of insured values. V. PHYSICAL INSPECTION AND COMMENTS A. Civic Center/Cily Hap Complex: West Hollywood currently utilizes rented office space. The City has purchased a building which will be retrofitted to house City Hall. The new City Hap will be located at 8300 Santa Monica Blvd. B. Corporation Yard: All services are contracted for. C. Parks and Playgrounds: Plummer Park - The principal center of recreational, cultural activity for the east side of the community. It's meeting rooms, tennis and basketball courts, and open spaces are heavily used by Individual residents and groups. Additional tennis courts and other improvements will be added In the near future. The lighting system at the park was recently upgraded as part of the City's capital improvement project. West Hollywood Park - This facility serves the recreational and cultural needs of the west side of the City. The park contains a swimming pool, auditorium, tiny -tot program for children and activities for some of the city's older citizens. The City's cable TV station Is housed at the park. Hart Park - The house and approximately one-third acre open space was donated to the City by the estate of the actor, William S. Hart. The outside of the house was recently renovated with further Improvements awaiting the necessary funds. AN of the parks were found to be well maintained, lighted, attractive, and in good condition with no noted hazards. D. Streets, Sidewalks and Trees: Streets appear to be well maintained and have adequate pavement markings and signs. During the course of the survey no evidence of roadway undermining, caused by surface drainage was observed. CrossmIks and lanes of travel are well marked with sufficient warning signs. The City contracts for road maintenance repair. Emergency repairs are made within 24 hours. Traffic signal maintenance Is performed under contract with the City of Los Angeles, Los Angeles County, or by CALTRANS. Claims occurring on state or county owned roads are Immediately referred to the appropriate agency. Sidewalks observed during the inspection were in good condition and had minimal uplift damage. Pape -4- Capital improvement projects scheduled for 1993/94 Include street repair, sidewalk restoration, street lighting upgrades, sewer upgrades and traffic right of way. VI. WATER AND OTHER UTILITIES Water service is provided through contract with the Los Angeles Department of Water & Power and the City of Beverly Hills. Sanitary sewer services are provided by the Los Angeles County Sanitation and Flood Control District. Electrical power is provided by Southern Calibmia Edison. Natural gas Is also available from Southern California Gas, and Pacific Bel provides telephone service to the City. Sold waste disposal Is provided by contract with Waste Management Inc. VII. FIRE DEPARTMENT Fire protection and paramedic service is provided by the Los Angeles County Fire District. VIII. POLICE DEPARTMENT Police Protection Is presently provided through contract with the Los Angeles County Sheriff's Department. There is an initiative petition being circulated to replace the Los Angeles County Sheriff with a city police department. If successful, the city would have an operational police department by July 1996. IX. SUMMARY AND EVALUATION The City Council understands and is committed to the concept of risk management and is very aware that hazardous conditions need to be evaluated and addressed to reduce the city's exposure to d Wloss. The City's commitment to risk management is further evidenced by the City stairs knowledge and enthusiasm toward the overall risk management effort of the City. it is the SCJPIA staffs conclusion that the loss experience and interest expressed by the City Council and City staff qualify the City for consideration for membership in the SCJPIA. We also find that membership will be of advantage to the City by providing economical coverage, and will be advantageous to the SCJPIA by expanding its ability to spread pooled losses and costs. XI. RECOMMENDATION It Is recommended that the application of the City of West Holywood for membership in the Southern California Joint Powers Insurance Authority, be approved, excluding coverage for soils or slope movement, with an initial annual general liability primary deposit of $141,000 and an excess liability deposit of $72,000 for a total annual lability deposit of $213,000. lysi VD9(h-nom) Pa -5- CITY OF DIAMOND BAR AGENDA REPORT AGCIVUA NV. TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15, 1994 REPORT DATE: February 10, 1994 FROM: Terrence L. Belanger, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE NON DISCRETIONARY GRANT PROGRAM. SUMMARY: In 1993, the Governor signed into law Assembly Bill 1220 (Eastin). This Bill provides grant funding to local governments for the purpose of establishing and implementing programs that encourage recycling or appropriate disposal methods for household hazardous waste. Based on household. hazardous waste activities conducted in Fiscal Year 1992-93, the City is eligible for reimbursement in the amount of $6,570. RECOMMENDATION: It is recommended that the City Council approve the proposed resolution authorizing the City Manager to submit a grant application to the California Integrated Waste Management Board for reimbursement of funds associated with the establishment and implementation of household hazardous waste programs in Fiscal Year 1992-1993. LIST OF ATTACHMENTS: _ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification —Ordinances(s) _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? _ _ _ Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No Report discussed with the following affected departments: REVIEWED BY: V J Ter ence L. Bel 20ber Troy L. B laff City Manager Assistant he City M nager RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE NONDISCRETIONARY GRANT PROGRAM. A. RECITALS (i) The City of Diamond Bar recognizes that the proper disposal and/or recycling of paints, solvents, pesticides and garden herbicides, cleaners, used motor oil and other hazardous wastes is extremely important and if not properly disposed of these wastes can cause serious environmental damage and threaten the health of all of us; and (ii) Assembly Bill 1220 (Eastin) provides grant funding to local governments for the purpose of establishing and implementing programs that encourage recycling or appropriate disposal methods for household hazardous waste; and (iii) To receive grant funding, the City must submit written certification to the Board authorizing the submittal of an application and identifying the title of the individual authorized, empowered, and instructed to file necessary and proper forms, certifications, and documents as prescribed by the California Integrated Waste Management Board; and (iv) The City Council finds and determines that the adoption of this Resolution is in the public's best interest in that it provides the necessary funds to develop and implement programs that will encourage recycling or appropriate disposal methods for household hazardous waste; and (v) 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. The City Council approves the filing of an application to the California Integrated Waste Management Board pursuant to the Household Hazardous Waste Nondiscretionary Grant Program. SECTION 2. The City Manager is hereby authorized, empowered, and instructed to file all necessary forms, agreements, certifications, and documents with the Board. PASSED, APPROVED, AND ADOPTED this day of , 1994. Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on day of 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. _ TO: Terrence L. Belanger, City Manager MEETING DATE: February 15, 1994 REPORT DATE: February 9, 1994 FROM: George A. Wentz, Interim City Enginer TITLE: Notice of Completion for Traffic Signal Installation at Pathfinder Road and Brea Canyon Road. SUMMARY: The City Council, on September 7, 1993, awarded a contract to Macadee Electrical Construction for traffic signal installation at the intersection of Pathfinder Road and Brea Canyon Road for a total amount of $63,911.00. The installation was completed on January 27, 1994. RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion and release any retention amounts per previously approved plans and specifications. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification Bid Specifications (on file in City Clerk's Office) X Other (Notice of Completion) 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? 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: VIEWED B rrence L. Belanger City Manager Frank M. Usher Assistant City ManagerfW eorge A. Wentz Interim City Engineer CI TY COUNCI L REPORT AGENDA NO MEETING DATE: February 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for the Traffic Signal Installation at Pathfinder Road and Brea Canyon Road ISSUE STATEMENT File and Submit for recordation a Notice of Completion for the traffic signal installation at the intersection of Pathfinder Road and Brea Canyon Road. RECOMMENDATION: It is recommended that the City Council accept the work performed by Macadee Electrical Construction and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUMMARY: This process of filing Notice of Completion has no financial impact on the City's 1993-1994 budget. BACKGROUND/DISCUSSION: The City Council, at their regular meeting of September 7, 1993, awarded the contract for the installation of traffic signals at Pathfinder Road and Brea Canyon Road to Macadee Electrical Construction, the lowest responsible bidder. The construction contract amount, including change order items, was $66,661.00. On January 27, 1994, Macadee Electrical Construction completed the installation of the signals. Staff has determined that the work is in accordance with the plans and specifications prepared and approved by the City. Prepared By: David G. Liu RECORDING RECUESTED BY AND WHEN RECORDED MAIL TO C Mame Street City of Diamond Bar Ad_ress City 21660 E. Copley Dr_, Ste. 100 E LState L Diamond Bar, CA 91765-4177) Attn: City Clerk NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: . 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21660 E. Copley Drive, Ste. 100 Diamond Bar CA 91765-4177 4. The nature of the interest or estate of the owner is; In fee. (If other than fee. strike "in fee" and insert, for e.ample, "purchaser under contract of our; `ase," 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 ADCRESSES 6. A work of improvement on the property hereinafter described was completed on January 27 1994 The work done was: Traffic Signal Installation at Pathfinder Road and Brea Canyon Road 7. The name of the contractor, if any, for such work of improvement was Macadee Electrical Construction (If no cantrxtor for work of improvement as a whole, insert "none".) Septettaber 7, 1993 (Date of Contract)8. The property on which said work of Improvement was completed is in the city of Diamond Bar County of s rgeles , State of California, and is described as follows: Traffic Signal Installation at Pathfinder Road and Brea Canyon Road 9. The street address of said property is Dated: Verification for Individual Owner "st:ee[ aeoress has been officially assigned. Insert "none".) VERIFICATION signature of ownercr ccrporate officer of owner named in paraira:h 2 or his agent 1, the undersigned, say: I am the Intens CJtX Engineer ( Ples dent of Manager of". 'A partner of", "Owner of', etc.) the declarant of the foregoing 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�.eh19�,at .vo c4v2 rD�ure.) California. (City where signN.) conal signatu�clth-ndrvi":al M1 c is swearirg t`at the cane -!s cf CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. I. I TO: Terrance L. Belanger, City Manager MEETING DATE: February 15, 1994 REPORT DATE: February 9, 1994 FROM: James DeStefano, Community Development Director TITLE: Consideration of Ordinance No. 94 -XX repealing Chapter 15.30 (Housing Code) of the Diamond Bar City Code, as heretofore adopted, adding a new Chapter 15.30 to the Diamond Bar City Code and adopting, by reference, the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition together with certain amendments, additions, deletions and exceptions. SUMMARY: In the process of adopting the 1991 Uniform Building Codes, all Los Angeles County Code were repealed, along with Chapter 99 (Building and Property Rehabilitation). To replace Chapter 99, the City of Diamond Bar Uniform Housing Code was adopted. During these past two years, we have experienced various property maintenance type violations. The re -adoption of Chapter 99 would consolidate the sections on Substandard Buildings, Substandard Conditions, and Substandard Property, along with Section 22660 of the Vehicle Code, as Chapter 99 also contains a provision for abandoned vehicle abatement. Ordinance 94 -XX would give the City an interim property maintenance code expanding upon the provisions contained in the City's Housing Code. This ordinance could then serve as an interim property maintenance standard until such time as the Planning Commission completes its deliberations on the new Property Maintenance Ordinance. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, and approve the proposed ordinance. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) X Ordinances(s) X Other Matrix Planning Commission Memo, Chapter 99 _ Agreement(s) EXTERNAL DISTRIBUTION: Los Angeles County District Attorney's Office SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? majority 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes _ No Report discussed with the following affected departments: REVIEWED ,$Y: ance L. Belan r J es DeStefano ennis A. Tarango City Manager Community Development Director Building Official MEETING DATE: TO: FROM: CITY COUNCIL REPORT AGENDA NO. February 15, 1994 Honorable Mayor and Members of the City Council James DeStefano, Community Development Director Dennis A. Tarango, Building Official SUBJECT: Consideration of Ordinance No. 94 -XX repealing Chapter 15.30 (Housing Code) of the Diamond Bar City Code, as heretofore adopted, adding a new Chapter 15.30 to the Diamond Bar City Code and adopting, by reference, the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition together with certain amendments, additions, deletions and exceptions. ISSUE STATEMENT: This report requests the City Council to review Chapter 99 of the Los Angeles County Building Code and to approve it, as amended, in order to provide an enhanced set of standards for property maintenance. RECOMMENDATION: It is recommended that the City Council open the public hearing, receive testimony, and approve the proposed ordinance. FINANCIAL SUMMARY: This ordinance would have no financial impact on the City's 1993-1994 budget. BACKGROUND: In the process of adopting the 1991 Uniform Building Codes, the City repealed all Los Angeles County Codes, along with Chapter 99 (Building and Property Rehabilitation). To replace Chapter 99, the City of Diamond Bar Uniform Housing Code was adopted. During these past two years, the Department of Community Development has experienced various property maintenance type violations (i.e. trash storage visible from the street, trailers stored visible from the street). The Planning Commission is currently reviewing a Property Maintenance Ordinance designed to meet the specific needs of the community. The re -adoption of Chapter 99, as amended, is presented to serve as a strong, enforceable interim maintenance code. DISCUSSION: An analysis has been performed to compare Chapter 99 (Building and Property Rehabilitation) with the existing City Housing Code and the most recent draft of the Property Maintenance Ordinance. Attached is a matrix showing the differences between Chapter 99 and the City Housing Code, as well as the draft Property Maintenance Ordinance. In adopting the 1991 Uniform Building Codes, it was the staff opinionn that most of the items previously dealt with in Chapter 99 of the Los Angeles County Building Code are now included in the City of Diamond Bar Uniform Housing Code (1991 ed.). However, upon further review of the three subsections of Chapter 99 (Definition of Substandard Buildings, Substandard Conditions, and Substandard Property) and comparing them with their counterparts in the Uniform Housing Code it is evident that, whereas the Substandard Buildings and Substandard Conditions sections are repeated almost verbatim in the Housing Code, the Substandard Property subsection of Chapter 99 goes into far greater detail on many violations relating to property maintenance which are detrimental to nearby property or to property values, and unsightly property not in conformance to surrounding neighborhood, or in such deterioration or disrepair as to diminish surrounding property values. The Substandard Property subsection also highlights specific violations, such as clotheslines in the front yard, garbage cans visible from the street, and trailers parked in areas visible from the street. The proposed interim ordinance also establishes a maximum time period allowed for garbage cans to be stored in front yards prior to collection, as well as a provision for abatement of abandoned vehicles, which is not contained in the Housing Code, and for which the City currently uses the Vehicle Code, section 22660, for their removal. Re -adoption of Chapter 99 would allow consolidation of property maintenance and abandoned vehicle abatement into one ordinance. The Building Official has consulted with Mr. Bill Woods, the Los Angeles County District Attorney, who would be the prosecutor should a case reach that point, as to the enforceability of the proposed ordinance. He expressed that Chapter 99 is a good piece of legislation, and that he has been very successful in prosecuting Chapter 99 type violations. During the past year, the Planning Commission has been working on a Property Maintenance Ordinance designed to meet the specific needs of the City of Diamond Bar. The Commission has recommended that the Council consider, if appropriate, the re -adoption of Chapter 99 on an interim basis. CONCLUSION: Based upon recent complaints filed with the Code Enforcement Office pertaining to certain properties which are not being maintained in conformity with the neighborhood which may affect surrounding property values, and complaints pertaining to aesthetic issues such as visible trash storage and trailer parking, the re -adoption of Chapter 99, as amended, would serve the needs of property owners in enforcing the maintaining of safe conditions and property values, until the new Property Maintenance Ordinance is completed and adopted. PUBLIC HEARING NOTIFICATION: Public hearing notices for the February 15, 1994, City Council Meeting were published within the San Gabriel Valley Tribune and Inland Valley Daily Bulletin on February 3, 1994 in accordance with State Law. PREPARED BY: Dennis A. Tarango Building Official CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: February 8, 1994 TO: Honorable Mayor and Members of the City Council FROM: James De Stefano, Community Development Dir 4C SUBJECT: Readoption of Chapter 99 of the Los Angeles Cou y Code (Building and Property Rehabilitation) The Planning Commission is currently in the process of reviewing a Draft Property Maintenance Ordinance (PMO). The Commission has noted that consideration of the PMO is a result of the need to enhance or replace existing code enforcement tools. The Commission is aware of Chapter 99 of the Los Angeles Code which sets forth provisions responding to substandard property and buildings. The Commission recommends that the City Council adopt, if appropriate, Chapter 99, on an interim basis, which would provide an immediate enhancement and allow the Commission additional time to complete and forward its recommendation on the PMO. JDS\mco ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. A. Recitals. (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (SS 50020, et seq.) of the California Government Code authorizes the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code S 50022.6. (iii) A duly noticed public hearing, as required by California Government Code S 50022.3, has been conducted and was concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Section 1• In all respects as set forth in the Recitals, Part A, of the Ordinance. Section 2• Chapter 15.30 of the Diamond Bar City Code, as heretofore adopted, hereby is repealed; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the uniform codes as adopted by reference and amended by Ordinance No. 3(1992) of the City of Diamond Bar shall continue to be applicable to substandard buildings, substandard structures and substandard property. Section 3• A new Chapter 15.30 hereby is added to Title 15 of the Diamond Bar City Code to read, in words and figures, as follows: "Chapter 15.30 "Building and Property Rehabilitation "Sections: "15.30.010 Building and Property Rehabilitation - Adopted 1115.30.020 Section 9902 - Amended "15.30.030 Section 9902(g) - Added 1115.30.040 Section 9902(h) - Added 1115.30.050 Section 9904(0) - Deleted 1115.30.060 Section 9905 - Amended 1115.30.070 Section 9906 - Deleted 1115.30.080 Section 9927 - Amended 1115.30.010 Building and Property Rehabilitation - Adonted "The Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is adopted in its entirety as the Building and Property Rehabilitation Code of the City of Diamond Bar, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.30. 2 "15.30.020 Section 9902 - Amended. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the deletion of subparagraph (a) thereof and the addition of new subparagraph (a) to read, in words and figures, as follows: ,,(a) Board defined. Whenever in this Chapter 15.30 the term Building Rehabilitation Appeals Board is used, said term shall mean, and the powers and duties to be exercised by the Building Rehabilitation Appeals Board shall be vested in, the Planning Commission of the City of Diamond Bar, and whenever in this Chapter 15.30 the term Board of Supervisors is used, said term shall mean, and the powers and duties to be exercised by the Board of Supervisors shall be vested in, the City Council of the City of Diamond Bar. 1115.30.30 Section 9902(8) - Added. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (g) to read in words and figures, as follows: "(g) County Engineer defined. Whenever in this Chapter 15.30 the term County Engineer is used, said term shall mean, and the powers and duties to be exercised by the County Engineer shall be vested in, the City Manager, or his designee. 1115.30.40 Section 9902(h) - Added. "Section 9902 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the addition of a new subparagraph (h) to read in words and figures, as follows: "(h) County defined. Whenever in this Chapter 15.30 the term County is used, said term shall mean, and the powers and duties to be exercised by the County shall be vested in, the City of Diamond Bar. "15.30.050 Section 9904(o) - Deleted. "Section 9904(o) of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is deleted in its entirety. 9 "15.30.060 Section 9905 - Amended. "Section 9905 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended by the deletion of subparagraph (k) thereof and the addition of a new subparagraph (k) to read in words and figures, as follows: "Garbage cans stored in front or side yards visible from public streets, except when placed in places for collection within twelve (12) hours before or after scheduled collections. 1115.30.070 Section 9906 - Deleted "Section 9906 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is deleted in its entirety. 1115.30.080 Section 9927 - Amended "Section 9927 of the Building and Property Rehabilitation Chapter 99 of Title 26 of the Los Angeles County Building Code, 1988 Edition, hereby is amended to read in words and figures as follows: "Section 9927. The costs involved in the demolition or other work by the county engineer, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (Fee Schedule), shall become a special assessment against the property. Section 4. Penalties for violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of the Ordinance. Any person, firm, partnership, or corporation to violate of any provision or fail to comply with any of the requirements of the Ordinance or the Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes adopted hereby or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a 5! fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 5. Civil Remedies Available. A violation of any of the provisions of the Ordinance or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. Section 6. Severability. The City Council hereby declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court or competent jurisdiction, or by reason of any pre-emptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. 61 Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall certify to the adoption of this Ordinance and shall cause this Ordinance to be posted in three public places within the City of Diamond Bar pursuant to Resolution 89-6B. ADOPTED AND APPROVED this day of ,1994. 0 BUILDING CODE ;Chapter 99 - - BUILDING AND PROPERTY REHABILITATION ' t. �=A .. Scope -� Sec. 9901. jai General Th ' prop isior� of this 46spUr shall appyto ail i i� i q substandard buildim!s.`sub t ndard structures and �ubstandardpropem i "f A (b) Existin-,Buildings. Occupancies in extsttng buildings may be continued as _ A ` _prop ided in Section ] 0 t tg) except in such structures: as ars found to be substand as"defined in this chapter and ordered vacated or are found to be unsafe as_ L ,defined in Section 20� A a "Definitions - Y L:.,. - - K A Sec: 9902. For the purposes of this chapter. and in addition to the definitions set L --- forth in the previous chapters of this code, certain terms phrases: and words and A L their'den�atives shall be defined as set out in this section Words used in the singular in=clude the plural and vice versa ' L _ ^� (a)' -BOARD iso the BuildinQ`Rchabilitat►on Appeals Board as set forth in t xt A _ ' _ cPction 9905 - sY ' L > (b) BUILDING is any structLrr - i ' r A �c) COi11PLETIOh Where a building is found to be substandard_ due to Fy having been under construction_ for ani unreasonablu_time;fas defined in Section <. j = A , 9903-(b) the'terms 'demolition improvement :removal, repair or rehabilita i s t n' as used in this chapter shall include completion L , q . (d) DEMOLITION. Whenever the word demolish".or demolishment is L used in this chapter it shall i elude the removal of the resulting debris from such demolition arid the protection by filling of excavations exposed by such demob 't 16n and'abandonrrient.of sewer or other waste disposal facilities as.mav be , required bj' th15,COde Or other *or inances or laws.- f ' ;♦ } ' �� > PART' COI�'CERNED. As used in this chapter_`. partv concerned"; means i �.,_.. A'-„ the person. if any. in real or apparent charge grip control of the premises involved �j Ax the record. ownei, the holder of any mortsaQe trust deed or other lienor encum brance of r 'cord._ft c-ow,n,.r.or holder of any;lease_of record the record holder of ,.. al"i}' OtheI estate or interest in orta'the biiildina or structure Ol the land upon which located. As used in this paragraph all reference.to "record '--means matters of - A - ♦ t record in the Department of Registrar -Recorder of the County"of Los Angeles L .-which definitely and specifically describes the premises involved A (f) Z'EHICLE-DEFINED. As used in this chapter' vehicle" means a device L by which any person or property may be propelled. moved. 'or drawn upon a L hiQh�ay. excepting a devic Ae moved by human power or used exclusively upon - L stationary rails• or tracks _ A :. LDefinition of Substandard Building A Sec. 9903. (a) Any building or structure or portion thereof, or the premises on A v hich the same is located, in 'Which there exists any of the conditions listed in ASection 9904 to an extent that endangers the life. limb, health. property. safety or 720.60 unfinished buildi ure".which'h' -been_jri,._thC­_­ b) Any ing.or- course o structure as. L construction an unreasonable time, in no event less than 5j6ais­ere W, -,'and ' hthe f1 L unfinished orstructurcart-such­ earance a ot er itions e 6 said 2 'de r c m appearance- o the appeara T h that the 6nfinishe structure a;.GantWly a is "fro' the A immediate' neignbo� ood'of reduces the h-- d' m value e imme late A hborhood,-orisotnerwiseanu'js c6,�hallb�� 'a�d hereby is declared L nclg an e e 0 A t substandard b a su nda�d b6ildin'c L A -Substandard Co ions L jr eca.. Substandard-9904.buildin�`Coiiditions'sh -all include '�616d­6;u t are not th L' -2 A C. 'following: (a) Inadequate'Sanitation. TLack'of hot ruwater- iQplumbing A ote or dwelling i ',fixtures' A in a L minimum A -M A Lac the urn �imdbnts­o natural light t and Vefitilation required by e . L code 5 this �%t r. _—M L 'di Room and space imensi6hs'less than t��quiredby'this code .,. "A W� g 4• Dampness of fl`abit�ab!e"i�Ns.` Z�,;­­'5­­­­, 5 A � ­­ Niolatio'n ' o f any-ap'p-1 applicable proVision 6 f Ordinance ii5bc-'e- -�4o. -7-5 80. an �a opt -d _6�t 25`19`9 `_�98'ier 'ifi�d and R_d _j� _:�_Ia op� a Health Code adopted Aug C m Coortc to*�':'zL" 'I by t c L �D�(b) Structural Hazards ..I.--be'feriorated or inadequate foundations LA D �A _.i Dcfe�ti,. deteriorated or inadequaic ize oi L Defective or inadequate siz�'E�ffib� - L a othery"ertical sup por A 3L. L D 6fec ti'vedeteriorated or i ri'aid e qa u *,-e size ceilin `roof or other horizontal supportS A Defective damz_&ed or inadequately constructed fireplace or c imn L A of L (c),Imdeq6�ite or Hazard S Wiriri�,.'l :Lacko required electric A :'or convenience UI il e" t s, e r ience o An existing residentia. occ v habitable �ancies. ever. A 'ire'd to contain least two supplied is required I' d electric convenience outlets or one such L A d .'I u convenience outlet and one supplied electric ricf'xt re. -Every water closet compart- w-ay in such public hall OCCU- A ment, bathroom, laundry room. furnace room an pu L paricies are required quired to contain at least one supplied electric tixture. A L with a applic'a,ble"laws', ln ettecCat 2. All wiring except that which cionf6r'm A the time of installation an which hamaintained mood con ition and Is s een main aine in A f being used in a safe manner. L A (d) Inadequate or Faultv Ph-irribing.' 1.1ack- of plumbing fixtures required L elsewhere in this code. L 'form ed ith'l I app- 'I �'�ffw -A A p um ing except that which con w All I bi a\vs L `.:at the time of insta ation and maintained in 2ood ridition and '�-A which as been main co al) bl which is free of cross connections., A L Ie) Inadequate or. Faulty Nlechanical Equipment.`- 1. Lack bfsate uat (J C A - "healing facilities in ad 'eilih2. apartment artment house or hotel A _,_720.61 L11g.; L1111C U1 iflYaiiaiion anci wrlicli has-been —maintame'd in good .ihd safe condition L =Lack, of s r 1 L (f Fa A ultvlveathe' Protection and effective of covBring . sound 'A L Lac},,ot a ­ s66 nd and effective cxten0r " N indo%%'s and doors.*-.,,==,-_."y-,*)�,&: A A' 4. De'tenorared or i n*effective` - aterprooring of foundation %valls,or floor L (0 Faulty Materials of Construction Ani material of 'construction'except Ah' 'e %'vh'ch are alloNved or approved by' �i d .-A os hi ch s code and hich a�,� been a e tel� w :"A Ma,- i n (a i n e d in 26od and safe condition - L anita'ry' rernises. Those on 'h c A Hazardous or Ins P i an a U f �e_tajj6n'.,)unk_'dcad 6manic matter. debris.- garbage:offal. rat. L lation o weeds. Vi -'A arboraE!es. stagnant water combustible'materials' and similar materials I L e a s or con - d heaIth ­-'diiions which *constitute u or safety n ue re hazards„� "Anybuilding 6rportioh'thereof N�hich determine "?, d to be an unsa e bui A f ldng as de m'6d in Section 3 of this code nadequ�t -Ed Exits All buildings thereofnot provided -9 or id d w,ith exit facilities as required by this code except thereof ��h' osebdildings orportions 0 whose L conformed with -it exit facilities i a applicable ld'�is at the time of their construction ""A building occupants` �­--and provide adequate safe ex ire 'Any b device apparatus eqbip-* A he� L k- F Hazard.' reo building or portion t me ich is in afth'a '60-6d It ion as to cause a merit; combustible %v ste or.v' k --.f ire brexp osion or provide ready 'fuel to'augiiic�nt the s ­ L pread;ifidintensity of fire' -:- -A or exp osion an! iin2 from any cause- - z:; v; A n a d ejq­u a t e -6 F' Z! -fl I Fire r ire-fightingEqu dr ipment.�Wl buildings provided with th�_ f ir�- -hot Oroy _zA thereo� which `are resistive'icons ruction or. _ktifi�dishing sys em orequipmen -z* '�1ire A t required by'this code'.,.except those build 5 all applicable ]a­ �:.”':-.ings or portions there- :-'- o which c6n'f orm with Ws at the time o t, e1r A f h construction and w h6s' e' resistive integrity and tire emingu1shinEZ:531stems Mand L 3fovide adqiiate fire' safety equipment I A rnproperuccupancy. All buildings or portions therebfo­c'c'u'pied or used -for which they were n6t'desie- ed" -used '-.';',--for' A an), purpose n or intended to be' used �A ":(n Ab2ndoied Buildi' A � �' ) L - I thereof which All buildings or portions c are abani- L 0 A -done )th open or or A (o) Unfinished Relocated Buildings r Structures. Buildings orstructures or poriions thereof as described scribed in Section 6811.1 L A A Substandard Property A Sec. 9905. Any one or more of the ns shall jollow-ing conditions -col substandard property. A L 7 (a) Substandard buildings - A L (b) Unpainted buildings inszs causinz dry rot. -warping and termite rifesta'tio'n, qua CCU 720.62 :4, `Y i. /.J l:A '`ti- l �y:•�; ;• 1 ? Y 'It 'T •_- -�:7a.�i f, ,y -: J: - ✓- i ♦ Y A.l {•� t rl . i ♦ �• , y :t r"_a �.a. x }-t -�_ "'a s ti ..l :'• ,,:>✓ - Yi"!'i ,,`�:r. ! t '� 1 y- .4 ra�J' t �< 4 �.G� � .. t �r ...}h .>�X i -7,'I. �.r T�Y.r��.1 .. �: � . '`' ,,,rt } T�9904-9905 . '_ ,�yry ' '�`� ; �'1?,.•,^. UNIFORM BUILDING CODE '+ r r -L i•1 + rt"rr ^ .: 1 r �: t .� r�a� � til ,'Nv� � i.3-yY� r� � '<<) Jyti �thiiar � r:-' � h'. L ° '. Lack of or improper operation of. required ventilating equipment mechanical equipment "including vcnis =except that v\hictt conform. -d _ t L \\ ith Ali appli�sble lay\ �'in effect at the time `of installation .ind H hick -has been ' j t •:maintained injQ od-and safe A t - , - � � L ^ .,. :- .. �.� .: +• �.S ,a'fit- .Y+i'r�. ('F� .qty<^^?•="ly,' A (f) Faulty Weather Protection. ] .;Lack of a sound and effectnre roof covennc L '' Lac}, of a sound sed effecti� e exterior ��alI coven ng i r= Erakcr. n indo\� s and doom s G :n i i )yE3 r ♦as rtt, t f A -� Deteriorated or ineffecti\ e vti aterproofm� of foundation Malls or flcior - _ L (R)1Fault} Materials of Construc_tiun An\ maters it of construction except A those �\ hich are alla\\ ed or approv ed bj! this code and �v ich have beenadequateh t A -maintained in good and safe condition. L A (h) Hazardous or InsanitarN, Premises. Those premis' o �ihich an accumu L latiori of weeds' veeetation.:i nk dead organie matter debris garbage �offaI, rat L harborages, stagnant water,'combustible materials: and.similai- materials or con A - - _ ' = L dations which,constitute undue fire health orsafet}hazards z - L ;` + (i) Hazardous Buildinbs An} building orp_ ortiorithereof which is determined i to be an unsafe building as defined in Sechan 203 of this code f A o) Inadequate Exits `All buildin s:or po'rt�ons thereof not provided with exit '.Ir L- facilities as required by this code except those�buildings orportions thereof whose I, A -exit facilities"conforme'd with alI applic_ able laws at the time of their'construction ' L and provide adequate safe exits for the building oc'ctipants:' r L re Hazard Am .building or ortion fhereof device a' aratus a ui f L meet; combustible %%aste`or vegetation "' hich is "in such a condition as io cause a firms or explosion or provide a ready fuel to augment the spread and intensitv 61 fire •, _ r or explosion arising from any cause s - L f A = (l) Inadequate Fire Protection or Fire fighting Equipment All bwldinss or L ._ Aar portions thereof which' are not prided with the fire=resastne'coristruction '• '-r ;;S=i. -:._ -+J' .. L •. - •: - ,'. _ �}.. -s ..i=a'. a-. - y=' A fire.extmguishing'system orequipment required by this code' except those build r 7 a L .� ings or portions`thereof vi hrch co' form w ith all applicable laws of the time of their A + L construction'arid whose fire -resistive inte^nt1'and fire extinquishin` S}'StefiS and equipment provide'adequate fire safety.'= LImproper Occupancy All buildings or portions :thereof occupied or used L for any`purpose for which they were not designed or intended to he used (n) Abandoned Buildings. All buildings: or portions`thcreof which are aban ' y L •A Boned. open or vandalized or both - f L (o) unfinished Relocated Buildings or Structures But ldinas_ or structures or A Por thereof as described in Section 681 1 f _ L -. A:. A' Substandard Property ' aSeca 9905. An\ one or. more of .the folio\\in4 conditions shall .constitute A " substandard property. _ -- L (a) Substandard buildings A L (bj Unpainted buildings causing dry rot. warping and termite infestation A 720.62 = J.,. '�. ; , ,, 1. �• � �<- ':_..\3, �:.'- i -,,, \-�>>�.i�..-_S d ft -f :.4 4 S t _ .7 •f •i:r: � � - J L+• Jr l . ! T i`j Y4i. 'L!Y Y 1 1 .i. 1 ! - Z Z, ?'.-�,YtK �� �� welfare of the public or occupants thereoF, shall be deemed and hereby is declared L s tastandard buildiria o be sub A` t s, . A 'Y _unfmtshed butldtn� or structure which has -been in.the course of L construction an unreasonable time; in no -e er i less than 5 years and where the A ' t_ appearance and other conditions of said unfinished building or W*ticture`are such A Ghat the unfinished structure `substantiallysdetracts from *he appearpiice�of the �. r duc-L immediate neighboehood '0' re the value =of property^in fhe immediate A r _ neighborhood; or is otherwise a nuisance, shall be deemed and hereby i declared L r ` to be a substandard building r' ` - ''� = "= - A z t S y Subs--andard Conditions ! r' h �1 ���'� t; L r a r Sec 9904 Substandard builds conditions shall include but are not limited ro following tr . t r = E (a) Inadequate Sanitation '1 Lack of hot and cold runriing'water to pltii-ibinQ y A 4 fixtures in a hotel or dwzlling Lli71t-``i-A t �•.' ;rX reg L' ; .. Lack of the minimum amounts of natural light and ventilation required _ L 4 !7aihlsCode ; { ,J 1. k. 1'!ra ,�• :l e�-5eslt.= >..'� trf •' L `r s 3 Room and space dimensions less than required by this code L F. - ..J 't- ...i. 4 Dampness of habitable roorris_'� "' t=.� y h? �` _ r ' L } _. �5 - Violation of any applicable provision of Ordinance No'7583 an ordinance L adoptirio a Health Code adopted August 25 19-59 as'determined and ce�u�t�d to L building official by"the health offices _ rxr r L Structural Hazards 1 Deteriorated or ina equate foundations .r ' "r is., . r ; r L C_� 2 Defetn�; deter orated 6r inadequate size�floorins and/or tloor.suppor. `� sY; °•_ ..." � ' 3 Defective. - �L .� .--- ��- ::•r �:�_;,z .— ,: L e. deteriorated or inadequate size members of a�<rlls partitions or A i2—. ,. _ _ - ti r-. - Z- L r ,= 3 other vertical supports w j, yt > s A ;`.- �. �! L �4 �!.•` :Y. ' / 'C J ,..5 Defective, deteriorated or inadequate size'-c-'eiling roof of other horizontal21 -� supports l Defective; damaged or inadequately constructed fireplace or chimney. L (c) Inadequate or Hazardous �Virin�. I Lack of required electrical hahtt�� `: L or convenience outlets In eCistinz residential occupancies every habitable room _. t is required to contain at least two supplied electric convenience outlets or one such L convenience outlet and one supplied electncftrtuee' Every water closet co : men. t,"bathroom, laundry room_ furnace room and publ c hallwav in such occu A pansies are required to contain a[ iea5t one supplied electrtc fixture 2. All wiring except that -which conformed with all applicable laws in effect at ' q <• - the time of installation and which has been maintained in �oui� condition and is L A being used in a safe manner: - L - - (d) Inadequate or Faulty PI mhing it Lack of plumbing fixtures required -- � elsewhere in this code'.'A L y All plumbing except that which conformed with .ill applicable la«s to effect _ at the time of installation and which has been maintained in`oud condition and -A L _? which is free of cross connections. A _(e) Inadequate or.Faulty Mechanical Equiprnent.-_I Lirk of gate .ideou.ite _ "heating facilities in a dwelling. apartment house or hotel t 1 - ,. �t ? - - a t ! t ,�; �` �f,}r 7 S, ••� 7 {r � ,.n iL. YT: a i j (�(� 990 + F. t{ i' 4 r , , 1 J. 1 R i � c ✓" K— }Si .r (c) Broken windows constituting hazardous conditions'and inviting trespassers t and malicious mischief; - s rn `, �;�;�'tT ;�x1r t :, A Jr r4 (d) Overgrown' vegetation causing detnment to neighboring propert►es or > L .z property values ,t'' fti " i, �f ': ,1 ,, L A ,i L A (e) Dead trees, weeds and debris — J I. Constituting unsightly appearance, -or'� �`4 `Ly J kJ t4, r A 2 Dangerous to public safety: and welfare; or 7 ` ' " _ �' r �' - - L „. 3. Detrimental to nearby property or property values A r (fj Trailers, campers boats`aiid other mobile equipment stored for unreasona A ble periods in yard areas contiguous to streets or hiah%vays and causinJ.c eprecia A -_ tion of nearby property valuzs t ; r =ti L s: n L (g) Inoperable or abandoned motor vehicles stored for unreasoriable pzriods on ; A y the premises and causing deprzciation of nearby property values:'' L (h) Attractive nuisances dangerous to children in the Form of L -' t A 1 `Abandoned and broken equipment or'-, i - • L - t ' 1 , �1 Neglected machiner - r1 _ K: _ L .. CiA J, A, (i) Broken or discarded furniture and household equipment^m vard areas for L _ ;Y unreasonable periods, �� �~4 iy t �) t Clothesline in front'yar( areas, 5_ AL Garbage cans stored in'front or side yards and visible trom public streets L e�ccept whin placed in^places-of collection 'at the t mes_'permitted and in full "`'A r L corripli.ince with Section' l707 of Ordinance No 5860 ent,tl�d Thi License :� L ' = Ordinance," adopted i overnber "'7 19� 1 L •. ` a r Y L ` (1) Packing boxe , and other debris sr_ored in } ards and v sible From publi streets . A ; for unreasonable periods; Neglect of premises -s�� = r r _ i L T J - f A '•1 " ;l To spite neighbors, ort fLl t To -influence zone changes; �rantinQ of gree tions ors ec�ai use eimtts, or L }t _ pp _p__ 3 To cause detrim; ntal effect upon 'near by property or property aLuesL _ (n) Maintenance of premiIii­ses in such:condit on as to be detrimental to the public L =;; health safety or general welfare or in such manner as to const►tut'e a public L nuisance as defined by Civil Code Section 38t) rr: A _ (o) Property including but not limited. to building exteriors which are rnain -A >- tained in such condition as to become so defectiv=e, unsighrly: or in such condition of deterioration or disrepair that the same causes appreciable dimir,utiollOf the - - property values of surrounding property or is material iy detrimentalto pruximal L . .properties and improvements. This includes but is not limited to the keeping or L disposing of or the scatterins over the property or premises of any'of the follL ins: �, 1. Lumber. junk, trash or debris, _ 2. Abandoned. disc' arded or unusued objects o f -equipment such as autorno- a ' biles, furniture, stoves. refrigerators. freezers cans or containers: L A 3. Stagnant water, or excavations _ 721 j; ` .� {. � � Rt "! .+,. j _a'Y'•f,"'r {; !'. a ...y 4rf''. � �� t � � ' 'r f �yc y r � c '' -. � - ,. t _ - < l - � .t� � ry ?. r'�.YRa• 4-;�'-� _'` 1 -�•- +? t � � .r. c. •�t.f i -, .R.' =`r_ t �._ Yr _. 1 ;. UNIFORM BUILDING CODE y z`.� � - ;=' ti 4 � � -�'`:. � ra � >•. -= s� , .� _} r s " An. d�� ice de^orauon "design -'fence, structure'.:clothesline or vegetation L which is uini2htly by reason of its condition or its`inappropnate location Maintenance of premise s. so`out of harmony or conm fority with the mainte 1 ✓ r t Hance Standards of adjacent properties as to cause substantial diminution of the A eniov menti use or property values of such adtacent properties r A' (q") Property maintained (in violation of the rights-of others) so"as to establish a . L pr -`-al rce of depreciated vawes impaired investments and social and economi^ ' r L ' maladiustments to such an,xtent that the.ca'-acit}r'to ay taxes is reduced and tax A' P P Lreceipts .from such particular area are inadequate for the cost of pubuc services L • rendered therein _ fr) Griiain� which does not meet the minimum standards set forth in Ch.ipter70 A L .. of this code or which is done in'vioIation of this code or`an othercounty or state _L lag regulatini; gradin:- = aLBuilding Rehabilitation Appeals Board A r' k t ' 5ec 9906 In order to he ar appeals provided for in Chapter 9$ and mthis c y c t chapter thereahalI be and is hereby created a Building Rehabilitation Appeals` �L . Board consisting of five members H ho are qualified to pass on matters pertaining f r = -` to substandard buildings and .propertyThe members of the 'Board.;5hall �A appointed by and hold office at the pleasure of the Board of Supers isors and mss recommend such new le-islation as deemed necessary ;The Board shall adopt reasonable rules and regulations for''condu`ctin�`its investigations.-The county L r engine,; shallbe an es officio, nonvoting member"and act as secretary.'He shall f A a record of all roceedings and notify all arties concerned of the findings yx i _3 P P.._, p " A and'decisions of the Board '= - ` ry A ' Alternates y.• Seen__ member of the Board of Appeals (created by Section _05) is A .z an e: offrcio alternate member of the "Buildin`2Rehabilitatioi`Appeals Board and f` ti v� L r h` 'sA Ymaiserve:in the place: and stead of:ami regular member of the Rehabilitation AAppeals;B. and who is absent from any meeting and.'at such meetm ;shall be -- ' L';, deemed to be a regular niembei of the`Buildin� Rehabihtatton Appeals'Board " 5 At Deterrntnatton by County Engineer x A Sec 9908 When'ver the county engineer determines<by inspection that any rA existing buildingr or portion thereof is substandard or any lot or other premises is k = L substandard, or�both.: as defined in this chapter, such bi ilding or premises, or A - L : '.both, are hereby declared a public nuisance, and the tour, v engineer'shall order L the abatement of the nuisance by demonlition, repair or rehabilitation of the A A ` substandard bui�din�� or portion thereof or at the option of the party concerned by L `.., A de:noiition or demolishment thereof: The order also may require that the building L .. be vacated. If the premises are substandard the county engineer also may order L _ that the substandard conditions be removed. .L Informal Notice Sec.; 9909. When the.county engineer has.so.found, in addition to any notices a A' here afterrequired by this chapter he may give to the' occupants of the substandard . . 722 : •T�. '_ 7 z nF if :� !{ ,:�, i ,�-•- 'y 7� � S^t iKyir,� a' ? :i ii t - -i'� , ltd i r7i 3�^`- .i._;.a _...yt,l property, and to an other person whom he deems should be so notified intorma- �. tion concerning the provisions of this "chapfer any violation thereof flow the 'l - person notified may comply and,any other tnformatton as he deems expcdtent He A <>_' ay -post such tnformatton on the substandard property or on the substandard A in Notice of Substandard Butldtng� 1r F ' f' r'� `, i ' A Sec: 9910. If in the opinion of the counfy�en�;ineer a building is found tube A ' :substandard as defined in this chapter the county engineer shall vire to phie party A " ' :concemed written notice stating the defects thereof `; L j - ' S notice may require the ;owner 'or person in`charQe of fhe building or L ' ��premises to complete the required repairs, improvements, demolition orremo'al L ? .of the building or o t' A p r tons thereof within 30 days, or such other time limit as the L ycouncy engineer may stipulate ".Such notice `may also require the building or L `portion thereof to be vacated and not reoccupied until _the required repairs and A 1 improvements are completed inspected, and approved bv-tlie county enQincer _A A person notifiedto at a substandard building by the county engineer shall L _ } :vacate within the time specified in the order y '- r - {'' EXCEPT ION Wheneveiany buildm� or.structure orportion thereot constitutes � an immediate hazatd to life or property and in the opinion of the county elRineer the A conditions are such that repairs or demontion or other work ne essari to abate the _ ._ 1� ,hazard must be undertaken sooner than provided by the procecures`set torth in this- L chapter he may make such altzrauons_or repairs or cause'such other v. orl. to be done L to the extent necessary to abate the hazard or demolish the butldiris"or structure or a f L i 1` Z y,porttens thereot as are necessaryto protect life or propeity.or both. after pis inJ suai --no- tice to the parties concerned as the 'circumstances will permit or with gut ariy notice L 5' whafever when, in hisopinion immediate action is necessary ` `� Y L i L Notice of Substandard Property r l A : y , Sec 9911. If, to the opinion of the county engineer property is found to bz L tsubstaridard proPerty as defined in this -chapter the county engineer shall gine to A t� -�'' the art concerned written notice statin, the conditions which make the property L P -.. Y substandard. L - t L The notice may requireahe owner or person in charge of the premises to rcmo� e L - within 30.days or other_time limit which the county engineer may stipulate the 19 conditions which cause the property to be substandard. If. in order tocomply t.; ith_ a Such notice, it is necessary to remove; ny vehicle or any part thereof sUCl3-notice A `shall include a description of such vehicle and the correct identification number - and license number, if available'at the site ` L ` A Combining Notices L Sec. 9912. A notice of substand trd property and of a substandard building on ':� such property may be combined info one notice.L A L ::Service of Notice R ' r Sec. 9913. Proper sen•ice- of a notice provided for in Sections 9910. 991 I and ,9912 shall be by personal service or by registered or certified m,iil upon_ every party concerned, by posting on the substandard building - if .ins and upon the .; L 723 i. - _ substandard property if am a copy of the nonce 1t shall be da'reaso eemed nabh s = ; A. effort has been made to serve such notice vtihen registered orcertificd7etfers have i ` A ` been mailed ro the address of the interested party ass hown on the official record ' A lly hen an address is not so listed orcontact cannot be made at the listed address the L service shall be by posting on the substandard building tf an;:'otherwise upon the ' , A . substandard property` a copy •of the nonce L,; n ; ..:x. :i i Designated period «ithin hi. ti th owner or persons in cHm- a required :L :'o comply �yith such notice shall begin as of thi date he receiv es such `nonce b; ' .'..personal ser ice or red istered or certified mail if such notice is by postm� . the 'A designated period shall been 10 days following* the date of posting' } A Failure of any o;t ner. pain' concerned or otheryperson to re cewe such notice L shall not affect the validiti` of ani proceedings taken hereunder'- A Other Interested Parties _a r A Sec 9914. If the Notice of Substandard Buildiri"& roperty requires the repair = ` = A or demolition of any building and if the demoLtion'oi other work necessary to .: L- remove the substandard conditions set forth in such notice is not completed within �r = the time specified in such notice and the -county engineer intends to directly - ,,� :L proceed to demolish the substandard build ine or:poritons_thereof or cause such Df}" L ' other N_; ork to be done to the "extent necessary to eliminate the hazard or other 'A substandard conditions ;which have ;been found to exist and, :by a document A recorded- in the. office -_of the ;Departmen't _of ;Registrar=Recorder prior to, the A recordation of the Declaration of Substandard Building or Property, whether such • r ,;A document describes the property or not it appears that a person other than a party _ concerned., has any right, title lien or interest intlic property or'any portion - .L thereof, and such person has ;not previously been notified of the substandard ` ? A building or property conditions or previously been served a copy of the Notice of - 5'% , :L Y- ;.: .,L{ 'Substand od Building or Property and the addres's of such_person is_known to the county engineer or can be ascertained by the exercise of due diligence the count; engineershall serve a copy of the IvTofice of Substandard Building or Propertyon : thi L A Bt = X: A ` L :ih; A LD L Rt L be all A fii A be L - L G L er _ L m - -7, 11 Fl Aavla as F1 V Y1uc,u 111 ULIJ b11aiJ1G1. OW -11'I JVII Illay a 1IGa11116 uG1v1G Building Rehabilitation Appeals'Board =The request must be made in writing he Board within 10 day s of the receipt of the copy of the Notice of Substandard ilding or Property.`If a Notice of Substandard Property does not require the air or demolition of any, buildmo no notice need be eiv_en to any person other n a party concerned.- claratien of Substandard Building ^or Property, pec. 9915. The county engineer may file with thel. Department,of Resistrar- corder a declaration that a substandard buildini? or substandard property or h have been inspected and found to be such,---define'd in this chapter; and that parties concerned have been or will be so notified. After the 'county engineer ds that the public nuisance has b=n abated and either that such abatement has :n accomplished at no cost to the county, or -that such costs -have been placed an the tax rolls . as a special assessmentpursuant o 25845 of . the vernment Code, or when 'the county engineer's jurisdiction has been pre- ipted by government acquisition of the property, he shall record in the Depart= :nt of Registrar -Recorder a document terminating the above dec]aration_ 4 s`- ;� � t� u'r'.v r' •F -P s r .itr '' 1�1 :I'-�r r., ` �• • � '� c a i ✓- S f L _- ,t � r t.- � ,r,.�. ' c � - z + tY a r t r � � wy+ .r �,. F.1ti... .J • �� i3f rt U r. s, c i ♦ 1 t �- I r- , .' _. :: r y . r' i ti -i r t >'' sIC •7'fi{-) t'„'1• ,:'� 1.4 t�� r t , _ i 6-9917 �. Posting of Signs ,. AJ 5 Sec.'9916.-The county en�tneer may cause to be posted at such substandard L 14 fA building or property a notice`of substandard building or propertyand/or:a siQn to` -a r read: "SUBSTANDARD. BUILDING, DO NOT;ENTER OR DAMAGE,'BY A ORDER OF THE. DEPARTivIENT .OF PUBLIC ;WORKS, BUILDING AND A -' — L' - SAFETY DIVISION; COUNTY OF LOS ANGELES " Such sign rn yc ntain A such additional information and warnings is in the o inion`of the count engineer L _.....:. P y A are expedient. Such notice or sign shall rerriain'posted until the required repairs, L 'demolition, removal, barricading or property cleanup are completed Such'notice � - or sign shall not be removed without permission'of.the countyengineer and if the substandard building has-been ordered vacated, no person `shall enter except for L . _ . -.. -the_ purpose of making the required repairs or of demolishing the substandard _.:.A building '- L Right of Hearing and Rehearing A Sec 9917 (a) Hearing Any person having any rig t title tenor interest in A r , the property or, any part thereof, 'r the county engineer may request a'hearing A regardins the substandard condition of a building or property after the building or -: A property is posted. A request b} any person otherthan th, count; enaineershall be L made in writin to the Building Rehabilitation"A " earls Board within 30 days after A ' PP L '- Viz, the building or property is posted All persons`who desire to be heard may appear -` before the Buildin& Rehabilitation Appeals Board to show that the building or `A = A ro rt is or is not substandard or to show cause wh `the buiidins.-even if --- � P Pe y y,; .� � substandard, should not be ordered barncacied demolrched repaired. reh.lhili L 1 = or vacated A -' .A (b) Rehearing. A fee of 51-00.00 shall be paid to the county engineer when vc L Y y b -. a person requests a rehearing before the BiiildinQ Rehabilitation Appeals Board to L `} request postponement of countyaction ,lea dina to demolition removal barncad A .; L ting, `property cleanup or other abatement procedure At. such a rehearing r the A will consider all evidence submitted and after such consideration mav find --, L that a postponement is warranted and so order, or may find that further postpone ' rnent is unwarranted and Order anv abatement work considered necessary"to be ` 'L ' _performed by a specified date after which date the county engineer shall cause - ` such work to be performed or completed without further notice The Board ma A x- also find that farther rehearings are not warranted and order that no `turther A .; rehearings will be wanted with respect to any or all of the required work: In the ` A <, t event of such order, the county engineer shall reject any request for further L rehearings and return any-rehearinv fees tendered. and any such request shall be � -; considered to have no bearing on the matter and in no way shall they postpone any abatement action ordered by the Board as a result of a rehearing granted under this L section. Nothing in this section shall prevent the Board itself or 'the county A engineer from bringine any matter before the Board for rehearing. L The county engineer or a person affected may be granted a rehearing «tthout L payment of the prescribed fee,'provided the county engineer first determines and L recommends that: L I- The purpose of thevreheariniz is for an extension of time to complcti �sor ---ordered by the Board and, _ A -725 t A 1a - ' •, f. - , i � `ti tirhs � - •J!r i� / 1 � ' .1 - w }�' : - .,, ,,,. y J t [.N `i7i'�� S: -k vel ,y.}�,J•� i r °t r .•` � � .,,�. L ._ •,� Z �. r 4,� qt,.. Lit A.N,...��!�,.•'' 17-9 9 19 �!- s0 BUILDING CODE l� d n`; K-,� •1 ;+r - 1. l . 1 l t ,Xt.-.�-335 h,. �-� 4Y 1�y� .� � Sr -,f ..1 3 �, < '1 � is Substantial progress has been made in accordance with the intent of the last .,, ; L ' Board order or es L 3 Circumstances warrant further review b�—the,Board y �. •, -� t t-::.. engine: r- er- shall no i� ti S•>y ,yt"a-y„�i�•tiy`;a .x.:.t .y.� �: S �'Z �, . _t: { kThe county y even `person who has requested a re}ieannQ of A . the time and place thereof or the denialthereof as provided in Section 9920 of this - --A code except a person who has v�5ived such"notice Thecouniy"e engineer mai but } ...tip__ - L isnot recuired to give such notice of heann� to other pereons`concerned L - The county :engineer shall notify ,all persons—who either, have requested a _ . T L rehearing or who have corresponded with the"county engineer concerning the case L-. of the action of the Building Rehabilitation Appeals Board ` ._ A , t _. ., L: (c) Vehicles To Be Remo` ed The'ow ner of such vehicle or the owner of the :A land on which such vehicle is located mai request'a' hearing This request shall be A - made in writing to the Buildinz Rehabilitation Appeals Board w ith►n 10 days after A the'mailing of notice of intention to abate and remove the vehicle: if the ownerof '_- aA the land on which the'wehicle E -located submits a sworn `written statement L denving responsibility for the 'presence of the`vehicleoii his land within such time 3 i L , period, this statement shall be construed as a request for heanne which does riot '= y A require the presence of the ow ner submitting�such request if such a request is not. A : =received within such -period the county engineer shall have the authontyao ` - " 4 remove the vehicle"'nl Y� t All persons'descnbed in Subsection�(a) above• shall be notified that prior to - r: zL ; 'abatement of the`'public nuisance by the;;county they are entitled to :a hearing ,L'' before the'Building Rehabilitatiori`Appeals Board and that if they disagree wirh� 4' 1the findings and order of the Building Rehabilitation A eats Board the have a r L-. - x r pp --a Y..... ,. -A' neht'to appear and be heard, by wdy:of an appeal; before the Board of:Supervi A sots However, if they do not request, in wnnn�, a hearing before the Building s A- Rehabilitation Appeals.Board within 30 days of notification or if they fail to Ay appear at such a1eanng-which they havetrequested they wilI be`deemtd to have f� , L' w air ed both their right io a nearing`before the Bui]dmE Rehabilitation Appeals L Board and their right to appeal to the Board of Supervisors r1 _A. ,Hearing by Building'Rehabtittation Appeals Board _ ,A YSec. 9918 The Build_ ing Rehabilitation Appeals Board shall.hold ahearinR and L' consider all competent evidence offered b}'any person`pertaining to the `matters L set forth in the report of the count} engineer.t y : ` L The Building Rehabilitation.Appeals Beard shall make'written 'f'indinsof fact f = as towhetheror not the building orproperty is a substandard building or substand- L and property as defined in this chapter.14 1 L Hearing Not Requested _ L Sec. 9919. If neither the county "engineer nor any other person requests a A hearing and the substandard condition asset forth in the Notice' of Substandard L 'A Buildins or Property is not conpleted within the time specified in such notice, the A-county engineer mav-demolish such portions of the structures or may cause such A other work to be done to the extent necessary to -eliminate the hazards and other 'L :substandard conditions whichhad been found to exist.•=- - 7 A 726 A A... v Notice* of Nearing L L ...'-sec.'9920. If either the county engineer, oranvotnerperson.�requests '�he'a'n'nc7 A - within jprop-er" time as­p­r;o; 9917. of 66de,`,'d L - yided.in Section, 0 he Building " b�fing.Ndtf'�s�ihi6lOda�'s'ori6r'�.-.; 'Rehabilitation Appeals Board e r. shall i L to the IIearing the county engineer shall serve or cause to be'served either 'in - the - manner required bylaw for the service or summons or by first 61ass mai St -p0a2C '_'---A ;prepaid, a copy. --of the- Notice of Hearing upon every person whom this criaptf.,r A require t's'that the Notice o' t Sub's:ta ard Building or Substandard Property be A -served L 'A `Form and;Contents of Notice, L A Sec: 9921. The notice of he: airing shall state: A I: The street a`ddress and a Ie gii1dekriptiori's-e uffici"n't for'identification of the A L - - , , premises rises which substandard o which h i r upon w ic the uilding s located.---.-;," L 2 The conditions A because of -which *.the .'c L county engin" r v ih believed that -A building or property is substand,&d 3 '-T- h�iliand place of the fie The date, A n L Postiing of o ifl ce L S -A ec 9911 The county engineer shall post one copy of the --'"'-.'--n-oti 4c-''e to hearing '-2;-.in:, -a ,; L -conspicuous placeonthe substandardbuildtnQ-invol%ed.ifanN,other�,Iseon the -A 'substandard p opertynot less th�fi 10 days prior to the i��rjni ­A L -4 f­ OrderA_ -sec- 9923, When the -Building Rehabintait-ioin"p�_a Appeals . id fines -thaC thz '-blic'ndis6nce and is a' substandard ' ---_...buildJn�_ buildjngjt is hereby declared a pu L sed up�6� its findirip the siiid Boar e ' acenic - nt o this -nursing-* : A - ba' d 'shall order a e t abatement ' , by baq8in�, dc'n`6lit'ion,rcpair or rehabilitation Iitation t the t .L ..... q pa�rty concerned L thereof or at erned --by' e demolition or. it _th� 6�66� -of the d effiblisrimcht thereof The order also may rquirethat the substandard ui in- be'vacated. l -yL - -i ".i_* ­Aordefshall state areasonable time which th* 'ork _shall be�qM_ - "nleted hichshall not )I e h-cs thanA -�; L L is or 1. The Board rl L for 28od cause may extend the time or completion in writing. A ;w Order—Substandard Property - A L Sec. -'9924. When' the Board finds that any property is substandard property, It;s hereby declared a public nuisance and based upon its find' aid Board findings, the s A L shall order the abatement of the nuisance bysuch m b h ean'sas the' said B6ard deeins A most feasible. If such means'include"t1i6"reimoval of any .vehicle or any part L A . - I . : - . . thereof, such order shall include a'description of such vehicle and the Correct identification number and license number; if a'vailable L the site..' AL L Vork by Private Party A L ' A See'. 9925. Any person havin- the legal right to do so may repair or demolish a L 'A n r substandard building or do r any othework required tdremove the substa 'dard P ...--conditions at anbu airy prior to the time when the county does so. such person but A A 727 :r 9925-9926 r• L .'_,= r^_' r'P��.UN�rORMBUILDINGCODF "4 .-. T •F ..� ice-. )�. ��,� � � S t. L does such work after the time specified to theNottce of Substandard Building of p LSubstandard Property if no hearing .,Nvas requested otherwtse'=atter the ttm. L specified in the last orderot the Buildtno Rehabtlitatton Appeals Board, ali costs { i incurred b}' the count} in preparation for the dotn� of stickwort, are chareeable to A the property and shall be collected as provided in Section 9928 and Section 9929 fj A l; such work is completed after the count} engineer or -purchasing agent has awarded a contract for such work the contractor shall receive the sum of S ]00.00 ' L for his overhead and incidental_ expenses unless specifically excluded by con A , L tract. and such sumof_ S 100.00 plus the amount specified in Section 9927 shall be A ' the costs incurred b e thcouritti If such wort. is com leted before the count = A engineer or purchasing anent has awarded a contract `the amount specified in " ,La Section 9927 shall be the costs incurred by the count}' _Work by County t A `` Sec. 9926. (a) Procedures: if the':order'of the`Board.requires the repair or , A demolition of an building the -order of the Beard ts'not complied with �; ithin the A : period designated by the Board and the public records showthat there is anti L =person who has any right tale or interest to the property or an}' part thereof by - vtrcue of a document duly recorded prior to the recordation of the Declaiatton of } Y L Substandard Building or Propert} v<hether-such document describes such prop- �,� 3 Aerty or art thereof, or not and such erson has notbeen reviously notified.of the i Aaction of the Board during the processing of the case the county engineer shall A " sen e upon such personas provided in Section 9920 a notice of the action of the >: , - - .f..:.. .. _ _ - - f. s L = Board which notice also shall contain a statem. nt that the county w i1I derrtoI'sh the 1 3 L buildma or take such other action as'mati be necessar} to r'emo� e the substandard t s L conditions unless such person, within"l0 days requests in writing a heanna. if -A such person requests such a heanng the Board shall hold such heanng as provided , q to this chapter at which heanna the Board shall re determine the.facts and make a ,y s' L new order as provided in Section 9923 and the formerorder=shall J.cease to be of anv;;. oe or effect. If any Board order made pursuant to:Section 992 , or 9924 and not L- sup----- rseded. or any ordermade pursuant to this section is not complied with within .'= A the' criod designated, the:countyenatneermay'then demolish_ the substandard L '. p - '" ` A bulld]nQ or portions thereof or may cause such other work to be done to the extent f A necessary to eliminate the hazard and other -substandard conditions determined to Y =.ti exist .by the Board. If the order�of the Board does riot require the repair or L .`.-demolition of any building no notice of such order need be2iven to any person . -:A : other than the party concerned. _ L (b) Emerbenc3 Procedures. When to the opinion of the county engineer a A _. substandard structure or portion thereof is an immediate ' hazard to life and A property, and the abatement of such hazard requires action pursuant to the t A exception in Sectio;. 9910, the county en_ ineer ma}' then demolish the substsnd- LL and building, or portion thereof, or may :cause such other work to be done to the L extent necessarT; to eliminate the hazard. r'r _ L .(c) Anv person described in Section 9917.(a) who appeared at the Building A Rehabilitation Appeals Board hearing shall be notified that: if they disagree w ith i q the findings and order of the Building Rehabilitation Appeals Bo_ ard. prior to L abatement of the public nuisance by the county. they have.a nghtto appear and be 728 z V z z _ eard before the Board of Supervisors.- as an appeal, but that if they do not Fequest A _i.Such a hearin� in writing within 0 aVs'of notification o tfii�Bu'iljin­eha ta L '-they e deemed`to ave waived *their 4ion Appeals Board finciinLy�'and order, will b A p L th Bci�id of Su�ei:�isors ht to such fore tna uch a hearing e L S L Co t S A Sec. 9927. The costs involve A in e dem6lition-or other work bythduntyA cd L '. engineer, including in addition to othef.coits the applicable 6rk6ssing'costs `as set f6r-th in Table No. 99-A,'shall become'.a'special assessmerrt against 'th'e".p".r'.oip'c.rt-'y. !L _7 A L Notif ic n Qf Costs L: — Notification L ' _S 9928. Tb e county e n­g_1n­e' E r' shall notify, in w" ri"t i.n'. g',_ - all A I parties concerned 14,.'9917, or 99266f the'un all persons notified pursuant to Section 99 ­ amount to L ' f- s such c' assessment resulting from such work. Within`5 days of the receipt of such h A, notice any such party concerned and any person right title or L interest in the property or part thereofmay He with the county engineer a wntten ' F.- request for a hearing on e correctness' xeasonableness or .both, of such L _assessment ---Poy:­,- "'A i' L such person"'who ' did not receive a not i.e pursuant to Section n 4?Zz, has t had.4'h61rinv o' n the"t, '9920,`:a­n'd 'who no 991 1,�Sec'tion 99 or'Se6iion 1.4 A " necessity the demolition brotl­Zr' or,.-in such request For hearing also may as k ;that such'necessity be revieved,ThE BU Rehabilitation-Appea s oaid­ -A ere f ds. A et the matter tor.heanns!. gine 'e such person' notice'" ere upon shall s V L prov 91-1 in Sectio 9 mcd o sii�h hcarin'o-'and deterniiiie the fe'as6na Ic, I i s o' r cor�iectness o both ln8*ir ''A f the assessment. or" i requested.- the �ri�eess tv o the L work. The Bulh MZRehabilitation A B' dm ion or other Appeas oardshallnot a suchpersons o f its 'dec*is'i6nin writing A e �-:-.&d the total ­d for in'this '-section isnotpaid If e assessment etermineda'sp'rovi 'A ;full within I days:after mailing of sixt-i notice by the coun v engineer.county Od 7i ;engineer shall place such charge- as a special assessment on thetax bill for. tt�e property pursuant to Section - d A S, 58 o e2ovemmentco Z-_ ec on ; L A b --- -.Sec. 9929. The assessment a e collected at th� time and in the same manner - - A and shall be su je. as ordinary county taxes are collected, b: ct to the same -peria ties L A and th' same procedure a! e aand sale incasedelinquency as provi e tor ordinary -.L je county taxes. All laws :applicable`to the levy, collectionand enforcement o A f f L spec�ial assessment. county taxes shall be applicable to such A L A .3. Salvage L 7 A Sec. 9930. if a building is demolished or necessary work done by the county r :.pursuant to the provisions of this chapter.* the value of anv sa ageresultingfrom IV L such demolition or other work may be appi i ed. to the cost'of such work as follows: A ..0 L [Af the county enters into a contract with a private contractor. the county may A L `that as a part of the consideration for tic`seri ices provide in such cont h ai ract h A L rendered, the contractor shall take title to"su'ch salvaL A th 0 b f 729 ' % '-7 '1 ,• ,i. L +. 4 �� 'X.� Mil +ti. {. ♦ S ' ( J -! 4 t - ,�. �� y_,,,� ,, 1 ' • I Y ..L' ij. S 4 . �. i. 31 .,tom � r r BUILDING CODE •� s 1 A? if the contract does not so; provide or if the county does the w ort, without such ' L- a contract. the county ma` tale, title to such sal}•age and credit the reasonable L; value thereof on the costs incurred by the count: In anv:heannc pursuant to chis section to determine the reasonable cdsi of doing the work; the Building Rehabilt A cation Appeals Board also mai determine the reasonable value if any; of such - A owner is engaged in bamcading, repairing, vacating and repairing. -or demolish- --` such substandard biiildinf! or removing an substandard conditions L pursuant to this chapter, or in_the performance of any necessary act preliminary to` .:L or incidental to such work.`'or authorized or directed pursuant hereto ` - y A ti L Prosqcutton 3 .A = , ;L Sec. 993 In case the owner shall fail neelect or"refuse to complj -with the A a,,. L- directions in the Itiotice of Substandard Building or Substandard Property (ifs A neither he`nor any other person requests a hearing) r. tit any order -of the' ;A Building Rehabilitation Appeals Board he shall be guilty of a misdemeanor and L the count engineer may cause such owner of.the-building or property to he L Y Y P p prosecuted as a violator of this A _ - y A Other Abatement Procedures L A Sec 9933 The provisions of this chapter shall not in any^ manner: limit or = A restrict the county or the district attorney;from enforcing county ordinances or L abating pu6iic nuisances m any other manner provided b- = '-;' - A Vehicles r X L L Sec'. 9934. (a) Adoption by Reference of Section 22660 of Vehicle Code. All L"This section is permissive only and does not require that the value of such :of the provisions_ of Section 22660 of the Vehicle Code are hereby adopted bv' L salvage be applied to the cost of the work' ;1z 5 a =, - L'Z A A Interference Prohibited `=r t 'Sri ` AL -Y r f ' .A .. ;Sec: 9931 A person shall not obstruct, impede or interfere with the county , = - -A engineer or any representative`of_the county engineer or with any person who` L ,.., • . `substandard _ A owns or holds any interest or. estate in buildina'which,has been county or any officer thereof removes, pursuant to this chapter, any vehicle or any = L -a ordered by the county engin, er or N, the Building Rehabilitation Appeals Board >` - part thereof. the county eni;ineershall so notify the Department of Motor Vehicles to be barricaded. repaired vacated and repaired vacated and demolished or n A removed, or in any substandard propeityYwhenever the county_enQtneer of such .. _ . .. - L ,�.. A owner is engaged in bamcading, repairing, vacating and repairing. -or demolish- --` such substandard biiildinf! or removing an substandard conditions L pursuant to this chapter, or in_the performance of any necessary act preliminary to` .:L or incidental to such work.`'or authorized or directed pursuant hereto ` - y A ti L Prosqcutton 3 .A = , ;L Sec. 993 In case the owner shall fail neelect or"refuse to complj -with the A a,,. L- directions in the Itiotice of Substandard Building or Substandard Property (ifs A neither he`nor any other person requests a hearing) r. tit any order -of the' ;A Building Rehabilitation Appeals Board he shall be guilty of a misdemeanor and L the count engineer may cause such owner of.the-building or property to he L Y Y P p prosecuted as a violator of this A _ - y A Other Abatement Procedures L A Sec 9933 The provisions of this chapter shall not in any^ manner: limit or = A restrict the county or the district attorney;from enforcing county ordinances or L abating pu6iic nuisances m any other manner provided b- = '-;' - A Vehicles r X L L Sec'. 9934. (a) Adoption by Reference of Section 22660 of Vehicle Code. All } _ A :of the provisions_ of Section 22660 of the Vehicle Code are hereby adopted bv' L'Z eference as a part of this ordinance in the case of any conflict between the - A provisions of thischapter and the provisions of said Section 2260 the provisions of - L said Section 22660 shall prevail ` A L (b) Notification Of Department of Motor Vehicles. Within 5 days after the ti L county or any officer thereof removes, pursuant to this chapter, any vehicle or any L part thereof. the county eni;ineershall so notify the Department of Motor Vehicles A 'identifvrng the vehicle or part thereof. :. (c) Notification Of Highway Patrol Not less than 10 days before the hearing\ _. L A .:_provided for in Section 9920�the county engineer, shall notify the California .� A ` :Highway Patrol thereof identifying the`vehicle or part to be removed. _ - _ .-.730 f. �-�� 1 �,.� r tiZ ( � /� Wy l ♦ �.. 1 � � i�� L INFAa �1T rLI yti fH .( � - '"(!' -�: 'i � 1f rJ f �Z C �j+.% r+`=Cf�,f '- -)•� �J' 1F Ln. t•f .. � } .f'r U ! f / c • '-� � - ,+t � �. T i 4 - its � :1 '� .c . � A t 1r�,,r � F I .' � y. N1. 7 j r-�l -._1y � � Y�'�• r>! rl i 1 l lti _' t+�c � L` ' is= r, .y a'•: 2'S`.. T� it.A1C d'l� !'� � _C� K�?�.1 .� �V..�-.,[i'`+ 1.J ���- 1=. . •c a -a : � r, lS- n\ \,{ L .t;,, c,-.::? ,l i -� a� -yX� t.>{..=.+.Cl.x 7 .. F ti r • t r. 7 J via`?'.•., r t r' q.R Z` t 9934, 99=A `.. L L (d) Not To Be Reconstructed A person shall not reconstruct or male operable L z "any vehicle which has been removed by the county pursuant to this chapter ' L ` y _ " (e) Exceptions A vehicle or any part thereof shall not be removed pursuant to, y�Y -- - _l ` this chapter if such vehicle`or part is `r L { i A , ~ 1 Completely enclosed within a building in alawful mr w anneherit is hot^ L visible from the street, highway or other public or pnvate:property or A { f � � � r 2 -.Stored or parked to"a lawful�manner on private property in connection with , A the'business of a licensed dismantler licensed vehicle dealer or junkyard This A exception does not authorize the maintenance of a public or private nuisance A = _ (f) Registration Of Vehicle If any vehicle is removed pursuant to this chapter. A the county engineer shall forward to the Department of Motor Vehicles any a evidence of registration'available, including registration certificates, certiricates L of title and lie rise plates 1 1 _ 5 j y L 't g -Proof Of Nonres onsibilitY The owner of any land upon which a vehicle A 411 1 "which has been"removed was located„may appear in person at any,hearins A = provided for in this chapter or present a written statement in time for consideration L A ' ? at such hearing and deny responsibility for the presence of the vehicle on,ihe land L :” ' with his reasons for such denial If it determined at the heann� `that the vphi�le " was placed on the land without the co^sent of the land o�� ne nc' that he=has nuc �' L rti „ _i _ subsequentlyacquiesced it its pry s, i_ Vie, th n t; . cou=; ,hal'ti,�� ��s��s w» of L ` - administration or removal of the vehicle against the propert} upon which the A ti L , vehicle was located or otherwise attempt to collect such from such ov,ner A :r ;LIABLE N0 L i t REHABILITATION PROCESSING FEES A �y A r' - Investigation and'processing - s )'r 5100.00 'L Prepantion of job specificauoris150.00 ' L ' Board of Supervisors_or city council approval _ 60.00 t x. 75.00 ;''p. Contract performance inspection ' Billing / X0.00 A Record special assessment ` X0.00 . A Filing of special assessment 50.00 L , PROPERTY MAINTENANCE ORDINANCE COMPARISON MATRIX DRAFT PROPERTY MAIlVT. ORD. UNIFORM BUILDING CODE CH. 99 UNIFORM HOUSING CODE - CHAPTER 10 ITEM Sec. 9905 Motor vehicles (operative or not), mobile equipment, or abandoned vehicles not allowed for UNREASONABLE time periods Not addressed (NIA) Not allowed in front and side yards. Emergency or minor motor vehicle repair on paved parking area allowed for seven consecutive days Single family - Storage abutting street N/A NIA Permitted in side yard, screened from view. Must comply with City Codes Single family - Storage not abutting street NIA NIA —� Materials shall not be stored which restrict the parking of an operative motor vehicle in the required parking space Storage shall be maintained in a neat and orderly fashion, containing only items or vehicles incidental to or owned by the business Multifamily - storage in garages and carports N/A NIA Commercial - storage in approved yards owner Same as commercial. NIA NIA Industrial - storage in approved yards All motor vehicles, including recreational vehicles, on paved parking area shall comply with all planning and zoning codes. N/A NIA Motor vehicle parking Commercial vehicles permitted which do not exceed gross weight of three tons unladen. Building maintenance Deteriorated siding materials, dry rot, termites, dented or rusted siding, broken or Section 9904 Substandard Conditions lists same conditions as proposed ordinance Chapter 10, Section 1001 lists same conditions as proposed ordinance and UBC Sec 9904 missing stucco or siding materials, broken or missing windows, inadequate site drainage, broken or inoperative sanitary/plumbing facilities and fixtures or broken and/or missing foundations or structural defects shall be considered substandard. Landscape maintenance Fence and wall maintenance Areas shall be kept in neat and clean condition, free of weeds, debris, dead, diseased or dying vegetation. Vegetation shall be mowed, groomed, trimmed, pruned , and watered to maintain healthy growing condition. Irrigation systems shall be kept in working condition to prevent public health hazards Fences and walls must comply with all applicable codes in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety, and welfare of the user, occupant, and general public Sec. 9905 Prohibited are overgrown vegetation, dead trees, weeds, debris, maintenance of premises out of conformity with maintenance standards of adjacent properties and which diminishes the values of such properties Sec, 9905 Structures unsightly by reason of location or condition shall be deemed substandard Multifamily - Shall be maintained to codes so as not to NIA Maintenance of detract from the immediate neighborhood and parking and similar to protect the health, safety, and welfare of areas the user, occupant, and general public. Commercial - Maintenance of parking and similar areas Industrial - Maintenance of parking and similar areas Nuisances Same as multifamily. Same as multifamily. NIA (Addressed under Sec. 1 of Abatement Procedures, pg. 3) NIA NIA Sec. 9905 Any condition dangerous to children in the form of abandoned, broken, or neglected equipment or machinery. Ch. 10, Sec. 1001 Accumulation of weeds, vegetation, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitute fire, health, and safety hazards NIA NIA NIA NIA Ch. 4 Defined: any public nuisance known at common law or in equity jurisprudence, attractive nuisance which may Prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot, or whatever is dangerous to human fife or detrimental to health, as determined by the health officer. substandard Sec. 9905 Any and all listed conditions shall NIA Broken or discarded NIA constitute substandard property. furniture, household equipment in yard areas for unreasonable time periods, and clotheslines in front yard areas Sec. 9905 Willful neglect to spite neighbors, NIA Neglect of premises Part 1, Purpose and Intent influence zone des, granting of exceptions or special use permits, or to cause detrimental effect upon nearby property or property values. Sec. 9904 Wiring must comply with codes. Ch. 10, Sec. 1001(e) Wiring must comply with Hazardous wiring NIA codes. Sec. 9904 Each dwelling must have safe Ch. 10, Sec. 1001(8) Hazardous mechanical Inadequate or faulty NIA adequate heating facilities. equipment not installed according to code or standards shall be considered mechanical accepted equipment substandard. Faulty construction NIA Sec. 9904 Construction materials shall be in Ch. 10, Sec 1001(j) Use of materials not approved by code shall cause a building to be materials compliance with codes. substandard. Addressed under building maintenance. UBC Sec. 203 shall define conditions of Ch. 10, Sec. 1001(c) Structural hazards Hazardous buildings hazardous buildings. NIA Sec. 9904 Buildings not providing adequate Ch. 10, Sec 1001(1) Inadequate exits shall building to be considered substandard Inadequate exits exits as required by codes shall be considered cause a substandard ABATEMENT PROCEDURES Procedures for Sec. 1 abatement of public A. Hearing Notice nuisances B. Conduct C. Order of abatement D. Extension of time to perform work Appeals Sec. 2 Establishes processes for the appeal of notices before the Planning Comission Sec. 9906 Building rehabilitation appeals board Sec. 9907 Alternates Sec. 9908 Determination by County engineer Sec. 9909 Informal notice Sec, 9910 Notice of substandard building Sec. 9911 Notice of substandard property Sec. 9912 Combining notices Sec. 9913 Service of notice Sec. 9914 Other interested parties Sec, 9915 Declaration of substandard building or property Sec. 9916 Posting of signs Sec. 9906 Building rehabilitation appeals board Sec. 9917 Right of hearing and rehearing Sec. 9918 Hearing by building rehabilitation appeals board Sec. 9919 Hearing not requested Sec. 9920 Notice of hearing Sec. 9921 Form and contents of notice Sec. 9922 Posting of notice Sec, 9923 Order of notice Sec. 9924 Order - substandard property Ch. 12, Sec. 1201(a) Form of appeal, (b) process of appeal, (c) scheduling and noticing for hearing Ch. 12 Sec. 1201 Form of appeal Sec. 1202 Effect of failure to appear Sec. 1203 Scope of hearing on appeal Sec. 1204 Staying of order under appeal private artCh. 11, Sec 1101(a) Commencement of Abatement of public Sec. 3 Establishes procedures for abatement of Sec. 9925 k byork p County, procedures proceedings . Building Official shall nuisance by City public nuisances by the City commence proceedings to cause the repair, rehabilitation, vacation, or demolition of building Abatement of imminently dangerous public nuisance Sec. 4 Establishes special procedures for Sec. 9926(b) work by County, emergency Ch. ll, Sec. 1103 Repair, vacation, and 1 procedures demolition - imminently dangerous building abatement of imminently dangerous public p shall be ordered vacated by the Building nuisances Official Account of Sec. 5 Establishes procedures for the abatement costs accounting of costs incurred by City in the abatement of public nuisances Sec. 9927 Costs •All cysts involved in Ch. 16, Sec. 1601 Account of expense, filing abatement proceedings of report - Building Official is responsible for maintaining itemized account Procedure for special Sec. 6 Establishes procedures for notices of 9928 cation of costs - ng Rehabilitation (Appeals Board shall notify all Rehabil Ch. 05 Pedal ,assessm6ent -charges obligation against they assessment hearing and protests of proposed special parties of decisions property shall constitute a special assesment assessments Sec. 7 Provides for the decision of Estalishes 8 Notification f costs Ch. ts _ legislative body may �confifirmorrreject Hearing on proposed assessment abatement Planning Commission on the report and the process bat- entbcostss assessment assessment Sec. S Provides for contest of decision by Sec. 9928 Establishes rights of appeal for AllowsCh. 16�for riling oee. 1603 ProtestsObjections writtten protest Contest of assessment planning Commision on assessment within 30 parties assessed for abatement objection days of confirmation by resolution 8 Lien of liens Notice of lien Sec. 9 Provides form and contents for notice Sec. 9927 Costs shall become a special assessment against the property shalllbe against0assessed lotsorpa cels of lien certificate Sec. 9929 Provides for collection of Ch. 16, Sec. 1611 Collections of assessment: Procedures for Sec. 10 Provides for the collection of through the regular collection of assessment through the regular collection of he same manner as be collected at Phe ssahm�e for foreclosure collection with regular taxes assessment taxes taxes ordinary property taxes Remedies of private Sec. 11 The provisions of this section shalll not NIA NIA parties adversely affect the right of owner(s), lessee, or occupant to recover costs and expenses from persons responsible for public nuisance on the property Sec. 12 Right of entry shall be governed by all Sec. 9931 with any denotation work prohibited interference with repair or Right of entry state and federal law henrference abatementf substandard personis applicable property prohibited Continuing violations Sec. 13 Each and every day of violation shall NIA N/A constitute a new and separate offense Sec. 9932 Prosecution - "shall be guilty of a failure to eomply�+�� a� Penalties for Sec. 14 prosecuted as misdemeanor or infraction at the discretion of the prosecuting misdemeanor..." such orderer a1 misdemeanor." violations attorney NIA Wunction y Sec. 15 Provisions of this chapter may be enforced by issuance of injunction by any :NiA— court having jurisdiction 9933 Shall not restrict enforcement of NIA Other abatement NIA other ordinances provided by law procedures NIA sec. 9934 Adoption by reference of section Ni Vehicles 22660 of vehicle code PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles NANCY PAISLEY do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY DAILY BULLETIN (Formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a of general circulation by the Superior NOTICE OF newspaper the County Of Los Angeles, State Of PUBLIC HEARING IS HErrBY Court of California, under the date of lune 15, 1945, Decree NOTICE GIVEN that the city Council of the City o1 Diamond Bar C-606; that the notice, Of which the will conduct a public hearingto consider the repeal of No. Pomo annexed Is a printed copy (set in type not smaller Title 15, Chapter 15.30 ("Uni- form Housing Code" ) of the Bar City Code, and than nonpareil), has been published in each regular Diamond adoption of Los Angeles county Building Code Chap - issue of said newspaper and not in any ter 99 ("Building and Prop- erty Rehabilitation") as and entire thereof on the following dates, to wit: amended. Feb hearing will be held on February 15, 1994, supplement at 7:00 p.m., or as soon thereafter as the -matter February 39 1994 may be heard m the south Coast Air Quality manage. ment District Auditorium, 21865 East Copley Drive, declare under of perjury that the foregoing Diamond Bar. A full, true and correct copy of the said Uniform Code proposed to be penalty true Correct. adopted, and copies of any secondary codes to be incor- is and porated directly or indirectly therein by reference, are on file with the City Clerk of the Dated February 3 ► 1994 City of Diamond Bar and are open to public inspection. Said Ordinance, if adopted, will adopt by reference, the above designated Uniform Code, together with certain �amendments, additions, deletions and exceptions, In. ignatUre / cluding fees and penalties. ALL INTERESTED PER, SONS are invited to ,fiend said Hearing and express opinions on the matter outlined above. FURTHER Proof of Publication of INFORMATION may be obtained by calling the City Clerk's office at OF PUBLIC HEARING (909) 860-2489. /s/LYN January S 1994 DATENOTICE /s/LYNDA BURGESS City Clerk Cityof Diamond Bar CITY OF DIAMOND BAR Publish: 23-1994 (DC13599) (Space below for use of County Clerk only) SAN GABRIEL VALLEY TRIBUNE 121 O N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid: I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation printed and published daily in the City of West Covina, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California. on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 2/3/94 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this day of 19014 Signature Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Diamond Bar will conduct a public haring to consider the repeal of Title 15, Chapter 15.30 ("Uniform Housing Code") of the Diamond Bar City Code, and adoption of Los Angeles County Building Code Chapter 99 t"Building and Property Rehabilitation") as amended. Said hearing will be held on February 15, 1994, at 710P. :00 P.m" or as soon thereafter as the matter may be heard in the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar. A full, true and correct copy of the said Uniform Code proposed to be adopted, and copies Of any secondary codes to be incorporated directly or indirectly therein by reference, are on file with the City Clerk of the City of Diamond Bar and are open to public inspection.. Said Ordinance, if adopted, will adopt by reference, the above -designated Uniform Code, together with certain amendments, additions, deletions and exceptions, including fees and penalties. ALL INTERESTED PERSONS are invited to attend said Hearing and express opinions on the matter outlied above. be obtain d by callingR heEC tyINFORMATION Clerk's ata�909) 860-2489. DATED: January 28, 1994 /s/ LYNDA B N of DaCity m nd Clerk Publish: February 3, 1994 E. No. 4420 lV San Gabriealle Tribune INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Terrence L. Belanger, City Manager RE: Additional City Offices Space and Lease Modification DATE: February 15, 1994 ISSUE: The City is modifying the lease agreement for City Hall space to include Suite 100 and Suite 190. RECOMMENDATION: It is recommended that the City Council approve the modified lease agreement between the City of Diamond Bar and Diamond Bar Business Associates, related to City Offices space. DISCUSSION: The City of Diamond Bar entered into a lease agreement with Diamond Bar Business Associates (DBBA), on April 18, 1989. That lease agreement leased 3,854 square feet of office space, at 21660 E. Copley Drive, known as Suite 100. In 1989, Pacesetter Municipal Services leased 3,171 square feet of office space, known as Suite 190. Suite 190 contains the City development services, engineering and building safety departments. Pacesetter provided building safety services through October, 1993. As a provision of their contract Pacesetter leased Suite 190. The City reimbursed Pacesetter for approximately two-thirds of the lease amount ($4,081.87/mo.), based upon the square footage being utilized by the City. After Pacesetter ceased operations, the City indicated to DBBA that it would want to lease the Suite 190 office space. The currently pays $6,667.67/mo. for Suite 100. The lease payment for Suite 190 would be $5,707.80. As previously mentioned, the City has been paying $4,081.87 for the pro - rata use of Suite 190. The lease modification results in an additional monthly payment of $1,625.93/mo, for nine months. The cost adjustment for the lease for Suites 100 & 190 was made in the November, 1993 budget amendment. The total cost for FY 93-94 would be approximately $150,000. AMENDMENT NO. 1 TO LEASE AGREEMENT DATED AUGUST 18, 1989 BY AND BETWEEN DIAMOND BAR BUSINESS ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP (LESSOR), AND THE CITY OF DIAMOND BAR (LESSEE) FOR SPACE LOCATED AT 21660 E. COPLEY DRIVE, SUITE 100, DIAMOND BAR, CALIFORNIA, CONSISTING OF APPROXIMATELY 3,854 RENTABLE SQUARE FEET. Reference is made to that Lease Agreement dated August 18, 1989 by and between DIAMOND BAR BUSINESS ASSOCIATES, a California General Partnership (Lessor) and THE CITY OF DIAMOND BAR (Lessee) for those premises commonly known as 21660 E. Copley Drive, Suite 100, Diamond Bar, California, consisting of approximately 3,854 rentable square feet. WHEREAS, Lessor and Lessee desire to amend said Lease Agreement as follows: 1) The Premises shall be expanded to include Suite 190 consisting of 3,171 rentable square feet shown on Exhibit "A". Lessee's total space shall now equal 7,025 rentable square feet. 2) The term shall commence on January 1, 1994. The base term on the total 7,025 rentable square feet shall terminate at its predetermined date of June 30, 1994. 3) The following are the amounts due by Lessee for the additional premises: Base Rent (1/1/94-6/30/94) Operating Expense Overage (1/l/94-6/30/94) Previously Accrued Base Rent and Operating Expense Overage (10/11/93-12/31/93) TOTAL AMOUNT DUE $34,246.80 or $5,707.80/mo. $ 5,707.80 or $572.00/mo. 4) All calculations within the Lease, originally based on 3,854 rentable square feet, shall now be based on 7,025 rentable square feet, including but not limited to: Lessee's share of Operating Expense Increase 14.56% (Par. 1.1) Parking (Par. 2.2) 28 spaces DIAMOND BAR BUSINESS ASSOCIATES Signature Page - Lease Agreement NOW, THEREFORE, both parties hereby agree to this Amendment to Lease. All other terms and conditions including base rent adjustments of said Lease Agreement dated August 18, 1989 shall remain in full force and effect. LESSOR: DIAMOND BAR BUSINESS ASSOCIATES, a California General Partnership By: DIAMOND BAR PARTNERS a California General Partnership, a Partner By: ZELMAN DEVELOPMENT CO. a California Limited Partnership, a Partner By: ZELMAN MANAGEMENT CO. a California Corporation, a General Partner By: Ben Reiling, President Dated: By: NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY a Massachusetts Corporation Its General Partner By: COPLEY REAL ESTATE ADVISORS, INC. a Massachusetts Corporation, Asset Manager and Advisors duly authorized By: Its: Managing Director Dated: NOTICE ADDRESS: 1661 Hanover Road, Suite 221 City of Industry, California 91748 Telephone: (818) 913-0030 LESSEE: CITY OF DIAMOND BAR By: _ By: _ By: _ Dated: AGENDA ITEM NO. 9.3.1 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 9.3.2 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 9.3.3 NO DOCUMENTATION AVAILABLE EUPHEMISTICALLY: THE SUBSTITUTION OF AN INOFFENSIVE TERM FOR ONE CONSIDERED OFFENSIVELY EXPLICIT; USE OF GOOD WORDS; GOOD SPEECH. EXAMPLE: SLUMBER ROOM. DIVEST: TO STRIP; TO DEPRIVE, AS OF RIGHTS OR PROPERTY; DISPOSSESS. VITUPERATIVE: HARSHLY ABUSIVE; ACRIMONIOUS; CENSURE; BLAME; BERATE; REVILE. CONDUIT: A CHANNEL OR PIPE FOR CONVEYING WATER OR OTHER FLUIDS. SALUTARY: BENEFICIALLY CORRECTIVE; REMEDIAL; EFFECTIVE OR DESIGNED TO EFFECT AN IMPROVEMENT FAVORABLE CLIMATE. FOLLY: QUALITY OF BEING FOOLISH; AN ACTION OR BEHAVIOR CONSIDERED IMMORAL OR CRIMINAL. CHIMERICAL: IMAGINARY; UNREAL; GIVEN TO UNREALISTIC FANTASIES (CHIMERA: A FIRE -BREATHING, SHE MONSTER IN GREEK MYTHOLOGY USUALLY REPRESENTED BY A LION, A GOAT, AND A SERPENT). ZEALOUS: A FANATICALLY COMMITTED ACTION: FERVENT, ARDENT, ENTHUSIASTIC. ERSTWHILE: FORMERLY HOMILIES: SERMONS; DISCOURSE; MORALIZING LECTURE. TRUISMS: A STATEMENT OF OBVIOUS TRUTH. DOLLOP: A LARGE LUMP; HELPING OR PORTION. POSTULATE: TO ASSUME THE TRUTH OR REALITY OF WITH NO PROOF; ESPECIALLY AS A BASIS OF AN ARGUMENT; TO TAKE FOR GRANTED. MANIFESTLY: CLEARLY APPARENT TO THE SIGHT OF UNDERSTANDING; OBVIOUS. AURICULAR: EAR -LIKE, PERTAINING TO THE ORGANS OF HEARING OR THE SENSE OF HEARING. VENOMOUS: MALICIOUSLY; MALIGNANT; SPITEFUL; A POISONOUS SECRETION FROM A SNAKE. EVISCERATE: TO TAKE AWAY A VITAL OR ESSENTIAL PART OF; TO REMOVE AN ORGAN; TO DISEMBOWEL. TWADDLE: TO TALK FOOLISHLY; TRIVIAL; IDLE TALK. LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, CALIFORNIA 91748 TELEPHONE (310) 808-1850 FACSIMILE (310) 908-1854 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS 1-1 February 2, 1994 Andrew Arczynski Markman, Arczynski, Hanson & King Number One Civic Center Circle P.O. Box 1059 Brea, Ca. 92622-1059 Re: Your letter of February 1, 1994 Dear Mr.Arczynski: Receipt is acknowledged of your letter of February have misunderstood the nature of my inquiry. When citizen information request, I immediately forwarded Clerk. The City Clerk advised me that she did records, but that you did. That is why I wrote you, you of the premise when I wrote you. OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS JOHN ROBERT HARPER* NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 94559 (707) 25&-SWO ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CALIFORNIA 92WO (714) 771-7728 'PFkMS9Cft4L tOTPATION: .sa WF Y D. m r : Vit+ G f 0 1, 1994. You I received the it to the City not have the and I advised The content of your letter is of no interest to me, with the exception of the fact that you do not have the records, as you say, and if your did, you would not turn them over. I have turned the letter over to the City Clerk as a public document, and I presume the Clerk or Council will take whatever action they feel is appropriate. Very truly yours, MICHAEL B. MON ERY MBM/pp cc: City Clerk, City of Diamond Bar City Council, City of Diamond Bar LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, CALIFORNIA 01740 TELEPHONE (310) 608-1850 FACSIMILE (310) 008-1854 ALSO ADMITTED TO FLORIDA AND HAWAII STATE BARS TO: City Clerk 1t{ .'..�m'd MEMORANDUM FROM: Interim City Attorng DATE: February 2, 1994 OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS' JOHN ROBERT HARPER' NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 04550 (707) 258-0000 ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE. CALIFORNIA 02000 (714) 771-7728 �� CO«POPA MNS WENDY D. DAWER REGARDING: Letter of February 1, 1994 from Andrew Arezynski Enclosed for your records is Mr. Arczynski's response t0 my request for public records. This letter is a matter of public record. JAMES L. MARKMAN ANDREW V. ARCZYNSKI RALPH D. HANSON JEFFREY KING D. CRAIG FOX WILLIAM P. CURLEY III MARSHA G. SLOUGH JULIA A. KEMP PAMELA P. KING HERIBERTO R DIAZ BONNIE BAILEY -JONES ��CE:L GL ��i ����(��//L/�f�j�(t���,(�(���.�.,G�M�W'♦ Cl�1,c�c�/�I.(ji'I�"/(i �` /Zt!�i%7 IC��13 P.O. BOX ,059 BREA.CALIFORNIA 92622-1059 TELEPHONE 17141 990-09C1 13101 691-3811 9113 FOOTHILL BOULEVARD SUITE 200 RANCHO CUCAMONGA.CALIFORNIA 91730 February 1, 1994 r9C91980-2742 TELEPHONE j X19091 381-0218 Michael Montgomery IN REPLY PLEASE REFER TO: 13200 Crossroads Parkway Brea Suite 350 Industry, California 91786 Re: Your correspondence of January 6, 1994 Dear Mr. Montgomery: It is the purpose of this correspondence to respond to yours of January 6, 1994, which appears to "relay" some sort of public record request from one Terri Birrell pertaining to documents and records with regard to the non -issue of Diamond Bar Councilmember Gary Miller's involvement in the somewhat euphemistically titled "South Pointe Master Plan." As you are undoubtedly well aware, Mr. Miller, at one time, had an interest in a portion of the real property within the South Pointe Area. Having divested himself of any interest in the subject property well over one (1) year prior to the project application being filed, I provided the quite unremarkable opinion that, pursuant to the requirements and strictures of the Political Reform Act of 1974 (California Government Code §§ 87000, et seq.), the provisions of which I understand you are passing familiar, Mr Miller had no conflict under the law. As a result of that divestiture, and the time frame involved, it was abundantly clear to all that Mr. Miller had no conflict of interest. Yet, in an attempt on his part to ensure that "politics" did not enter the fray, Mr. Miller clearly and unequivocally announced to all and sundry that he simply would not participate in the deliberations on the project. In fact, as your self-styled "citizens group" client must recall, Mr. Miller even went so far as to totally absent himself from meetings at which it was discussed (and, while Mayor, handing over the gavel to the Mayor Pro Tempore). Those actions on the part of Mr. Miller were not only unavailing, they were virtually counterproductive. In hindsight, if Mr. Miller was to be subject to the personal abuse, venomous attacks and Michael Montgomery February 1, 1994 Page Two vituperati lurs of members of the public in any event, he o a y should have participated. Your desire to serve as a conduit to the public under a purported Public Records Act (California Government Code H 6250, et seq.) request perplexes me. I know of no attorney representing cities in California who considers his or her files to be available to the public under the California Public Records Act. To presume that such files are available thereunder strikes me as the height of folly and would, if nothing else, eviscerate the salutary purposes of the attorr.Ay-client*-Tr ilsge. Moreover, to simply share, with aii who have some chimeric need to rummage in the affairs of a public officia he most personal of documents, including tax returns and the like, is the antithesis of thezealous safeguarding of a client's matters required of tTose of us who attempt to honorably engage in the profession of law. As I have stated, with some frequency, to Councilmembers (including your erstwhile clients Ms. Ansari and Messers. Harmony and Werner) I will not, and do not, share such auricular matters with the merely inquisitive who purport to espouse a "need to know". To do so would set at naught the ability to provide thoughtful counsel to those requesting the same. We take on faith that you would not remonstrate your clients to forthrightly and candidly share all of the facts and documents necessary to a thoroughgoing analysis of the client's lot, all the while knowing that you will simply divulge the aggregate thereof to any who inquire. That approach would, doubtless, produce a client unwilling to impart, frankly, the true state of the facts since, perforce, all will be presented in the public domain and the postulate for candid analysis will be reduced to absurdity. Stated otherwise, if one's client carrot feel secure that what is conveyed to one's lawyer goes no further, there seems little, if any point, to the exercise. The client will simply provide a factual presentation that puts him or her in the best light or, worse, will enshroud the pertinent data all with the deleterious effects as have been visited upon others unable or unwilling to confide in their counsel the unvarnished truth. The lawyer's role will, then, be reduced to the provision of an endless stream of _homilies or truisms, with a dollop of twaddle thrown in for good measure. Michael Montgomery February 1, 1994 Page Three Leaving all of that aside, as manifestly stated to your client, Max Maxwell, in September of the year last past, all of the documents provided by Mr. Miller were returned to Mr. Miller and not retained by this office for reasons which should be abundantly clear, even to those who seek the documents. To assert that this office "lost" the same is laughable and requires no further response. In summary then, if I had the documents, I would not divulge the same; however, since I do not, the point is somewhat academic, is it not? Very ly yours, Andrew V. Arczynski AVA:clf C\1011\LMONTG cc: Councilmember Gary Miller DIAMOND BAR CITIZENS TO PROTECT COUNTRY LIVING TOTAL CONTRIBUTIONS AS OF 12/31/93 $18,090 REPORTED TOTAL CONTRIBUTIONS $13,000 MICHAEL MONTGOMERY 3,440 WILLIAM GROSS 1,650 LAWRENCE "MAX" MAXWELL 200 COMMITTEE TO ELECT CLAIR HARMONY 150 COMMITTEE TO ELECT EILEEN ANSARI 150 REN AND PAM ANDERSON 100 CONSOLIDATED ELECTRONICS (DON SCHAD) 245 Total Contributions under $100 GET OUT YOUR CALCULATOR - CORRECTED TOTAL $18,935 7195 COMMITTEE TO RECALL TOTAL CONTRIBUTIONS AS OF 12/31/93 $11,649 REPORTED TOTAL CONTRIBUTIONS $ 5,000 J.C.C. DEVELOPMENT (DIAMOND BAR ASSOCIATES) 2,692 WILLIAM GROSS 1,657 THE SIGNMAN (JEFF NELSON) 1,166 JOHN BUSH 11000 DIAMOND BAR CITIZENS TO PROTECT COUNTRY LIVING 535 TERRY BIRRELL 400 GARY LAWSON 365 Total Contributions under $100 GET OUT YOUR CALCULATOR - CORRECTED TOTAL $12,815 CITY OF DIAMOND BAR AGENDA REPORT AOErrDA rVp. �7• TO: Honorable Mayor and Members of the City Council MEETING DATE: February 15,1994 REPORT DATE: February 10, 1994 FROM: Terrence L. Belanger, City Manager TITLE: Formation of the San Gabriel Valley Council of Governments (COG). SUMMARY: The San Gabriel Valley Association of Cities and the San Gabriel Valley City Managers' Association have proposed the formation of a Council of Governments for the purpose of providing cities in the San Gabriel Valley a regional organization for cooperative planning of government services and to assist in the coordination of federal, state, and regional projects and/or mandates. RECOMMENDATION: It is recommended that the City Council approve and authorize the Mayor to execute on the City's behalf the Joint Powers Agreement establishing the San Gabriel Valley Council of Governments. It is further recommended that the City Council approve Resolution 94 -XX appointing a representative and alternate to the Governing Board of the San Gabriel Valley Council of Governments. LIST OF ATTACHMENTS: X_ Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification —Ordinances(s) Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? N/A _ 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? _ _ X No Which Commission? —Yes 5. Are other departments affected by the report? X No Report discussed with the following affected departments: —Yes REVIEWED BY: V V J 4TeenDceL. Bel nger Troy L. BDk1aff City Manager Assists o e City Manage CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Formation of the San Gabriel Valley Council of Governments (COG) ISSUE STATEMENT: The San Gabriel Valley Association of Cities and the San Gabriel Valley City Managers' Association have proposed the formation of a Council of Governments for the purpose of providing cities in the San Gabriel Valley a regional organization for cooperative planning of government services and to assist in the coordination of federal, state, and regional projects and/or mandates. RECOMMENDATION: It is recommended that the City Council approve and authorize the Mayor to execute on the City's behalf the Joint Powers Agreement establishing the San Gabriel Valley Council of Governments. It is further recommended that the City Council approve Resolution 94 -XX appointing a representative and alternate to the Governing Board of the San Gabriel Valley Council of Governments. BACKGROUND: The San Gabriel Valley Association of Cities has historically served as the forum for the exchange of ideas and information amongst its member cities. However, as additional federal and state mandates are levied upon cities there is now an urgent need to coordinate regional and subregional programs to the mutual benefit of all cities in the San Gabriel Valley. In response to growing concerns over regional planning issues, a number of elected officials and city managers have jointly concluded that the cities in the San Gabriel Valley collectively need to be more aggressive and effective in developing their own subregional policies and in implementing their own subregional plans than they have been in the past. It is proposed that the existing San Gabriel Valley Association of Cities be phased out and replaced with a more versatile organization like a Council of Governments. In order to create this Council of Governments, a total of 50% plus one of the cities in the San Gabriel Valley must adopt the JPA Agreement by March 1, 1994. It is anticipated that a majority of the cities will support the formation of this organization. DISCUSSION: Besides assisting cities in facilitating the subregional planning process, the Council of Governments will serve an important advocacy role in representing San Gabriel Valley cities at all levels of government. In addition to providing a forum for cities of the San Gabriel Valley to speak collectively on important regional and subregional issues such as transportation, housing, public safety, growth management, open space, air quality, economic development, solid waste and water quality, the Council of Governments will at a minimum: 1. Provide a formalized organization structure to ensure fair representation from each city in the San Gabriel Valley; 2. Assist in coordinating subregional planning activities; 3. Resolve conflicts and build consensus amongst cities on the implementation of policies and programs for addressing subregional and regional issues; 4. Serve as a mechanism for obtaining State, Federal and regional grants; and 5. Conduct studies designed to improve and coordinate the common governmental responsibilities and services on a subregional basis. The Council of Governments will be structured to provide maximum repre- sentation to all member cities in the policy making process. It will consist of a General Assembly made up of all elected officials from all member cities; an Executive Committee (policy body) made up of one elected official selected by each member city; and a Technical Advisory Committee (TAC) which will include city managers or their designees and repre- sentatives of other agencies (i.e., MTA, AQMD, etc.) that the organization is working with on a given issue or project. The Council of Governments will not possess the authority to compel or coerce any of it members to conduct activities or implement plans or strategies that they do not wish to undertake. The Council of Governments will not infringe on a city's ability to make land use decisions nor will it jeopardize a city's home rule ability. It is the specific goal and intent that the Council of Governments be one of voluntary cooperation among cities for the collective benefit all cities in the San Gabriel Valley. To assist the City Council in evaluating the necessity of the Council of Governments and its potential role as a regional coordinating and planning agency the following documents have been attached: 1. A letter from the President of the San Gabriel Valley Association of Cities regarding the proposed COG; 2. A brief question and answer sheet regarding the proposed COG; and 3. The proposed Bylaws and Joint Power Authority Agreement for the proposed COG. Staff concurs with the San Gabriel Valley Association of Cities that the creation of a formal organization to serve as the vehicle to collectively address matters of mutual interest facing cities is urgently needed and is fundamental to maintaining the quality of life in the San Gabriel Valley. Therefore, staff recommends the City Council's favorable consideration of this matter. PREPARED BY: Troy L. tzlaff Assist to the Citya ager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the City of Diamond Bar will become a member of the San Gabriel Valley Council of Governments when fifty percent plus one of the eligible member cities take action joining the Council of Governments; and WHEREAS, the Join Powers Agreement for the San Gabriel Valley Council of Governments requires that each member city appoint a Governing Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments. NOW, THEREFORE, the City Council of the City of Diamond Bar does resolve as follows: Section 1. That the City of Diamond Bar appoints The Honorable (must be a member of the legislative body) to serve as the Governing Board Representative to the San Gabriel Valley Council of Governments. Section 2. That the City of Diamond Bar appoints The Honorable (must be a member of the legislative body) to serve as the Alternate Governing Board Representative to the San Gabriel Valley Council of Governments. Section 3. That the individuals previously designated in this resolution shall serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel valley Council of Governments. 1 Section 4. That the City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED THIS DAY OF ATTEST: City Clerk and I hereby adopted at _ day of , 1994. Mayor certify that the foregoing Resolution was approved a regular meeting of the City Council held on the , 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 2 City Clerk MAN uabrAel valley association14156 Magnolia Blvd., Suite I03, Sherma o� Oaks. CA 91423 (818) 907-1664 • FAX (818) 784-1187 MEMBER CITIES Alhambra Arcadia Azusa Baldwin Park Bradbury Claremont Covina Diamond Bar Duarte EI Monte Glendora Industry Irwindale La CaAada Flintridge La Habra Heights La Puente La Verne Monrovia Monterey Park Pasadena Pomona Rosemead San Dimas San Gabriel San Marino Sierra Madre South EI Monte South Pasadena Temple City Walnut West Covina n EXECUTIVE January 4, 1994 COMMITTEE Terry Dipple, ; President San Dimas I Beatrice t- LaPlsto-Klrtley, Honorable Mayor Gary Werner and Vice President Bradbury Membe_ a ' t j Members of the City Council City of Diamond Bar sry Bob Kuhn, secretary 21660 East Copley Drive, Suite 330 Glendora Diamond Bar, California 91765 hack Thurston, Treasurer Dear Mayor Werner and Members of the City Council: EI Monte INTRODUCTION Robert Bruesch Rosemead George rasching Preparations for the creation of a formal organization to serve as the vehicle Arcadia to collectively address matters that impact the San Gabriel Valley cities are now complete. Mardn Gallegos Baldwin Park It is the firm belief of those who have been involved in this Alglyd Lelga process of transitioning from the Association to a Council Of Governments (COG) that the Claremont San Gabriel Valley Council Of Governments will, over the next few years, facilitate the GlnnyJoyce Duarte study and resolution of many important Valley issues in `a politically and technically sound Bobble McGowan manner and at a cost that . will be attractive to the members. Temple City Henry Morgan A single study of key issues that impact all cities in the Valley can be Covina Louis Perez conducted at a fraction of the cost of individual studies. Involvement of all cities in La Puente each effort will also ensure high quality products that are implementable by all Nell Soto cities on a voluntary basis. Pomona EXECUTIVE Enclosed are formation documents,re ared pro bonolaw firm of Burke, Williams DIRECTOR & Sorensen, for the San Gabrielthe Valley Council Of Governments (COG) . The documents Dad �� Ken Spiker Ana have been reviewed and approved by a committee of city managers (Julio Fuentes, Alhambra; Associates, inc. Glenn Southard, Claremont; and Jim Starbird, West Covina) a committee , of elected officials MEMBER CITIES Alhambra Arcadia Azusa Baldwin Park Bradbury Claremont Covina Diamond Bar Duarte EI Monte Glendora Industry Irwindale La CaAada Flintridge La Habra Heights La Puente La Verne Monrovia Monterey Park Pasadena Pomona Rosemead San Dimas San Gabriel San Marino Sierra Madre South EI Monte South Pasadena Temple City Walnut West Covina Honorable Mayor Members of the City of Diamond January 4, 1994 Page Two Gary Werner and City Council Bar (Terry Dipple, San Dimas; Harry Baldwin, San Gabriel; Tom Breazeal, Temple City; Margaret Clark, Rosemead; Bea LaPisto-Kirtley, Bradbury; Al Leiga, Claremont; Nancy Manners, West Covina; Raul Pardo, South E1 Monte; Nell Soto, Pomona; and Fidel Vargas, Baldwin Park), and the SGVAC Executive Committee. FORMATION OF THE COUNCIL OF GOVERNMENTS The Joint Powers Agreement should be approved and executed by your city. In addition, your City Council should designate by resolution a Governing Board Member and Alternate Governing Board Member and submit those appointments, along with the executed Joint Powers Agreement, to David Smith, SGVAC Executive Director, not later than February 25, 1994. The Bylaws are included in the packet for information only. No action on the Bylaws is required by your City. They will be adopted by the Governing Board of the COG at its first meeting. The Council Of Governments will become an official entity on March 1, 1994 if fifty percent plus one of the eligible public entities adopt the Joint Powers Agreement by a majority vote of the legislative body and sign the Agreement. If fifty percent plus one of the eligible public entities have not signed the Agreement by March 1, 1994, then the effective date of the Agreement will be the first date on which fifty percent plus one of the eligible public entities adopt and sign the Agreement. STRUCTURE OF THE COUNCIL OVERNMENTS In general terms, the Council Of Governments will be structured with a Governing Board (policy body) made up of one elected official selected by each member city. There will be a Technical Advisory Committee (TAC) consisting of the city manager of each member city or their designee which will provide direct professional input to the Governing Board. Other committees may be appointed by the Governing Board as determined necessary. It is anticipated that the Governing Board of the Council Of Governments will elect officers, adopt Bylaws, arrange for staffing and begin assembling a work program and budget at its first meeting. Clearly, the size of the budget of the Council Of Governments will be directly related to the scope of the work program developed and adopted by the Governing Board of the Council Of Governments, which is appointed by the City Councils of the member cities. Honorable Mayor Members of the City of Diamond January 4, 1994 Page Three Gary Werner and City Ccuncil Bar PURPOSE OF THE COUNCIL OF GOVERNMENTS The Council Of Governments will: 1. Provide a formalized organizational structure to ensure fair representation from each city in the San Gabriel Valley (one vote per city); 2. Assist in coordinating subregional planning efforts and in resolving conflicts among the cities in the San Gabriel Valley as they work toward achieving planning goals; 3. Attempt to build consensus among the cities on the implementation Of policies and programs for addressing subregional and regional issues; 4. Serve as a mechanism for obtaining State, Federal and regional grants to finance a major portion of the expenditures of the organization; 5. Serve in an advocacy role in representing the San Gabriel Valley cities at the regional, State and Federal levels on issues of importance to the San Gabriel Valley; and 6. Possess the flexibility of utilizing professional staff, member city resources, consultants or presently existing single purpose . public and public/private groups to carry out its programs and projects. The Council Of Governments will not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake. The goal and intent of the Authority is one of voluntary cooperation among cities for the collective benefit of cities in the San Gabriel Valley., PRIORITIES OF THE COUNCIL OF GOVERNMENTS The Governing Board of the Council Of Governments will develop its own work program and establish its own priorities. However, a subcommittee of the Subregional Plan Technical Advisory Committee, which is comprised of one representative from each city in the subregional planning area, the city managers committee and the elected officials committee have established the following menu of issues/activities that Honorable Mayor Gary Werner and Members of the City Council City of Diamond Bar January 4, 1994 Page Four should receive consideration by the Governing Board: Activities relating to the subregional planning process and the Regional Comprehensive Planning process; Transportation Control Measures (TCM's); transportation issues including transit and surface transportation; air quality issues other than TCM's; Congestion Management Program (CMP) issues; mandated programs (housing, air quality and waste management); economic development issues; a public outreach program on issues that will impact businesses and residents in the Valley; and advocacy on behalf of the San Gabriel Valley cities at all levels (agencies and the State and Federal government). If you would like to discuss any aspect of the formation of the Council Of Governments in greater detail, please contact me at (909) 394-6217; David Smith, SGVAC Executive Director, at (818) 907-1664; Julio Fuentes, Alhambra City Manager, at (818) 570-5010; Glenn Southard, Claremont City Manager, at (909) 399-5441; or Jim Starbird, West Covina City Manager, at (818) 814-8401. Additionally, if you desire, I would be happy to make a presentation to your City Council. I look forward to all cities in the San Gabriel Valley taking the necessary action to join the San Gabriel Valley Council Of Governments so that we can move forward on March 1, 1994. Cr truly yours, y D d ds Enclosures c: Terrence Belanger, City Manager (w/enclosures) SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS QUESTIONS AND ANSWERS The following questions and answers are those which were discussed during presentations to City Councils, at San Gabriel Valley Association Of Cities (SGVAC) Executive Committee and General Membership meetings, and during meetings with individuals representing business in the San Gabriel Valley. The answers are based on the collective opinions of the City Managers Committee, the Elected Officials Committee and the SGVAC Executive Committee. Q• WON'T THE COUNCIL OF GOVERNMENTS REQUIRE YET ANOTHER MONTHLY DINNER MEETING? A. No. Upon the formation of the Council Of Governments, the San Gabriel Valley Association Of Cities will be disbanded and its assets transferred to the Council Of Governments. The Council Of Governments will be a more formal organization which will primarily deal with issues in a businesslike forum. The Governing Board of the Council Of Governments may, however, schedule occasional dinner meetings to fulfill the purposes of the Council. Q. WILL THE COUNCIL OF GOVERNMENTS BE ANOTHER LAYER OF GOVERNMENT? A. The Council Of Governments will be formed as a Joint Powers Authority, which is technically a separate governmental entity. From a practical standpoint, however, the function of the Council Of Governments will be similar to that of the existing San Gabriel Valley Association Of Cities. It should be noted that all cities in the San Gabriel Valley are currently members of one or more Joint Powers Authority and that few, if any, problems have been encountered with the operation of those governmental entities. Q. WILL A MAJORITY OF THE COUNCIL OF GOVERNMENTS MEMBERS HAVE THE ABILITY TO COMPEL ONE OR MORE OF ITS MEMBERS TO COMPLY WITH THE WISHES OF THE REST OF THE GROUP? A. No. The Council Of Governments will have no power to require any member to do anything that it does not wish to do. -1- 0. HOW MUCH WILL THE CITIES HAVE TO PAY TO BELONG TO THE COUNCIL OF GOVERNMENTS? A. It is unknown what the Governing Board of the Council Of Governments will adopt in the way of a budget. What is known is that a grant will be available from the Southern California Association Of Governments and other grants will, in all probability, be available also. There is no doubt, however, that the member cities will be asked to support the organization financially and, in all probability, through the commitment of staff resources such as has been done to expedite the subregional planning process. Q. WILL THE COUNCIL OF GOVERNMENTS BE A REPOSITORY FOR FUNDING FOR REGIONAL PROJECTS? A. No. The only grants the Council Of Governments will apply for will be for planning studies. The Council Of Governments will not be involved in the construction of projects. O. WILL THE COUNCIL OF GOVERNMENTS MAKE DECISIONS ON WHAT REGIONAL PROJECTS ARE CONSTRUCTED, I.E. TRANSPORTATION PROJECTS? A. The Council Of Governments may very well develop recommendations on plans and proposals from other agencies and advocate those positions, i.e. the Metropolitan Transportation Authority 30 -Year Plan. However, the Council Of Governments will not have the authority to direct resources to the construction of projects. Q. WHY SHOULD A COUNCIL OF GOVERNMENTS BE CREATED WHEN WE HAVE THE SAN GABRIEL VALLEY ASSOCIATION OF'CITIES? A. The San Gabriel Valley Association Of Cities is an informal group created many years ago to serve as a forum for the exchange of ideas among elected officials. The Association fulfilled this function admirably. Times have changed. The current need is for a more formal, representative organization that is able to conduct studies, build consensus, formulate recommendations and advocate positions for the benefit of the San Gabriel Valley cities collectively. Q. WHAT IS THE PURPOSE OF THE NEW ORGANIZATION? A. The purpose of the new organization is to unify the San Gabriel Valley so that it can speak with a collective voice on important subregional and regional issues. The Council Of Governments, which will have an elected official from each city on the policy body, will be representative and, as such, will be able to speak out on issues that transcend city boundaries. -2- 0. WHAT TYPES OF ISSUES WILL THE COUNCIL OF GOVERNMENTS DEAL WITH? LAND USE? REDEVELOPMENT/ECONOMIC DEVELOPMENT? LOCAL SERVICE LEVELS? A. The Technical Committee, which is made up of one staff person from each city in the San Gabriel Valley subregional planning areas, the city managers COG committee and the elected officials COG committee, have -identified the following issues as candidates for attention by the Council Of Governments: - Transportation Control Measures (TCM's) - Transportation issues, including transit and surface transportation - Air quality issues other than TCM's - Congestion Management Program (CMP) issues - Mandated programs (housing, air quality and waste management) - Economic development issues - Advocacy at all levels (agencies and the State and Federal government) The Council Of Governments will ultimately address those issues that the cities collectively decide to address. Q. HOW WILL THE COUNCIL OF GOVERNMENTS BE STRUCTURED? A. The Governing Board of Council Of Governments will consist of a Governing Board Member and Alternate Governing Board Member appointed by the City Council of each member city. There will also be a Technical Advisory Committee made up of the city manager of each member city or his/her designee to provide direct professional recommendations to the Governing Board. Other committees will be appointed consisting of elected officials, city staff, representatives of other agencies, business groups, consortiums, etc. to deal with specific issues. Q. WILL THE SMALL CITIES LOSE CONTROL TO THE LARGE CITIES? A. The Governing Board of the Council Of Government will function on a one vote per city basis. Thus, the small cities will actually have an advantage over the larger cities. Q. WILL THE SMALL CITIES BE SENSITIVE TO THE LARGER CITY ISSUES? A. The cities collectively will address subregional and regional issues that are agreed upon by the policy body. -3- Q. WILL A MAJORITY OF THE CITIES IN THE COUNCIL OF GOVERNMENTS BE ABLE TO IMPOSE THEIR WILL ON THE CITIES IN THE MINORITY ON ANY PARTICULAR ISSUE? A. No. The Council Of Governments will conduct studies, make recommendations and advocate the implementation of those recommendations. The Council Of Governments will have no power or ability to force any city to implement any recommendations. It is, however, anticipated that the Council Of Governments will develop a formal conflict resolution program that member cities may voluntarily utilize to resolve differences. Q. HOW WILL THE ADMINISTRATION OF THE COUNCIL OF GOVERNMENTS BE PAID FOR? A. Through membership dues and grants. O. WILL REPRESENTATIVES FROM THE MEMBER CITIES BE PAID A SALARY? A. No. Q. WHAT IF ALL THE CITIES IN THE SAN GABRIEL VALLEY DON'T PARTICIPATE? A. It is anticipated that all cities will participate, however, the formation documents state that the Council Of Governments will become operational on March 1, 1994 if fifty percent plus one of the eligible public entities adopt the Joint Powers Agreement by a majority vote of the legislative body of each eligible public entity and sign the Agreement. If fifty percent plus one of the eligible public entities have not signed the Agreement by March 1, 1994, then the effective date of the Agreement shall be the first date on which fifty percent plus one of the eligible public entities adopt and sign the Agreement. Cities that do not join the Council Of Governments will not be represented on the Governing Board. �. HOW CAN THE MEMBER CITIES BE SURE THIS ORGANIZATION WILL NOT "RUN AMUCK?" A. The aches of the organization will be directed by the Governing Board which will be rude up of one Council Member from each member city. Activities of the Council Of Governments will be limited to those that the Governing Board authorizes. Q. HOW CAN A CITY WITHDRAW FROM MEMBERSHIP? A. By giving sixty days notice. -4- Q. WILL THE COUNCIL OF GOVERNMENTS HAVE THE POTENTIAL TO SAVE CITIES MONEY? A. Yes. Often cities find it beneficial to conduct studies jointly on various topics. It is often more efficient and effective to conduct one study for a number of cities than it is to conduct a separate study for each city. This is evidenced by the fact that nearly all cities in the San Gabriel Valley have, at one time or another, benefitted from membership in a single -purpose Joint Powers Authority or other similar organization. 1-94 -5- BYLAWS SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS PREAMBLE The San Gabriel Valley Council of Governments (the "Council") is an agency voluntarily established by its Members Pursuant to a Joint Powers Agreement ("Agreement") for the purpose of providing a vehicle for the Members to engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. In addition, the Council will provide a regional organization for the review of federal, state, and/or regional projects and studies which involve the use of federal, state and/or regional funds, in various forms. It is the clear intent among cities that the Council shall not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues). The goal and intent of the Council is one of voluntary cooperation among cities for the collective benefit of cities in the San Gabriel Valley. Article I - Definitions The terms "Agreement," "Alternate Governing Board Representative," "Council," "Governing Board," and "Governing Board Representative," as used in these Bylaws are defined in the Agreement and said definitions are incorporated herein by reference. Article II - Membership and Representation A. Membership. Members shall withdraw from or be admitted to the Council in accordance with Section 21 of the Agreement. -1- B. Representation. 1. The Governing Board Representative and Alternate Governing Board Representative for a city shall be designated by a resolution of that city's legislative body. Governing Board Representatives and Alternate Governing Board Representatives shall be appointed for one year. 2. Names of Governing Board Representatives and Alternate Governing Board Representatives shall be communicated to the Governing Board by the appointing city in writing. 3. Governing Board Representatives and Alternate Governing Board Representatives shall serve until a successor is appointed. Article III - Governing Board A. Powers and Duties. The powers and duties of the Governing Board, subject to the limitations of applicable law, the Agreement and these Bylaws, shall include: 1. All of the powers of the Council provided in Section 4 of the Agreement, except as may be expressly delegated to others pursuant to the provisions of the Agreement, these Bylaws or by the direction of the Governing Board shall be exercised by and through the Governing Board. 2. Making policy decisions and determining policy matters for the Council. 3. Conducting the affairs of the Council. . removing anExecutivetfixing of and Directorandtotherhe mstafftofnthe Council. 5. Annually reviewing the proposed Council budget and assessment schedule submitted by the Executive Director and adopting an annual budget and an assessment schedule. 6. Appointing a Standing Committees and, if specific problems, programs, approved for study. Technical Advisory Committee, necessary, committees to study or other matters which it has 7. Acting upon policy recommendations including Policy recommendations from committees. B. Meetings. 1• Regular meetings of the Governing Board shall be held monthly. Special meetings of the Governing Board may be called by the President. All meetings of the Council shall be called and conducted, and an agenda posted, in accordance with -2- the Ralph M. Brown Act, Government Code Section 54950 et seq., as it now exists or may hereafter be amended. Members shall direct their Clerks to comply with all notice and agenda posting requirements deemed necessary by the Governing Board. 2. The time and date of regular meetings of the Governing Board shall be on the The location of each meeting shall beedetermined theoprecedingth. month by the Governing Board. 3. Council committees shall meet on the call of their chairperson or as otherwise provided herein and in compliance with applicable law. C. Voting. Voting on the Governing Board shall be conducted as prescribed in the Agreement. Further, voting may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five participating representatives, or at the discretion of the presiding officer. Article IV - Executive Director The powers and duties of the Executive Director are: A. Subject to the authority of and as directed by the Governing Board, to administer the affairs of the Council. B. Subject to the authority of and as directed by the Governing Board, to appoint, direct and remove all employees of the Council and to retain consultants. C. Annually to prepare and present a proposed budget to the Board of Directors and to control the approved budget. D. To serve as the Secretary of the Council. E. To attend the meetings of the Governing Board. F. To perform such other and additional duties as the Governing Board, these Bylaws, the Agreement or applicable law may require,,.._ Article V - other officers and Employees A. Secretary. The Executive Director shall be the Secretary of the Council and shall have no vote on the Governing Board. The Secretaryshall keep a record of all proceedings and perform the usual duties of such office. B. Treasurer and Auditor. Pursuant to Government Code section 6505.6, the Treasurer of the Council and the Auditor of the Council shall be the same person. Any Governing Board Representative who does not already hold an office may be -3- appointed to be the Treasurer/Auditor of the Council. The Treasurer/Auditor shall possess the powers of, and shall perform those functions required by, Government Code sections 6505, 6505.5 and 6505.6, and all other applicable laws and regulations, including any subsequent amendments thereto. The Treasurer/Auditor shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code section 6505.5 and other applicable laws. The Treasurer/Auditor shall annually cause an independent audit to be made by a certified public accountant, or public accountant, in accordance with Government Code sections 6505 and 6505.6. The Treasurer/Auditor shall perform all of the duties required in Government Code section 6505 and following, and such other duties as may be prescribed by provisions of applicable law, the Agreement, these Bylaws or by the direction of the Governing Board. C. Additional Officers and Employees. The Governing Board shall have the power to authorize such additional officers and employees as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual Members. None of the officers, agents, or employees appointed by the Governing Board shall be deemed, by reason of their employment by the Governing Board, to be employed by any of the Members or, by reason of their employment by the Governing Board, to be subject to any of the requirements of such Members. D. Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the Council shall be persons designated as such by the Governing Board. Each such designated officer or person shall be required to file an Official bond with the Governing Board, at the expense of the Governing Board, in an amount which shall be established by the Governing Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the Council. E. atatus of Members, Officers and Employees. As provided in Government Code section 6513, all of the privileges and immunities from liability and other benefits which apply to the activity of officers, agents, or employees of any of the Members when performing their respective functions within the territorial limits of their respective public agencies shall apply to them while engaged in the performance of any of their functions and duties extraterritorially under this Agreement. Article vi - Technical Advisory Committee The Governing Board shall establish a Technical Advisory Committee ("TAC") at its first regular meeting. The TAC shall be established for the purpose of making recommendations to the -4- Governing Board. The TAC shall be composed of one city manager (or person holding the equivalent position, which position differs only in title), or that city manager's designee, from each Member city. Each Member's designee to the TAC shall be designated by a letter of that agency sent to the Governing Board. The President of the TAC shall be a city manager (or person holding the equivalent position which position differs only in title) of any Member and shall be elected by a majority vote of the city managers/or person holding a forum of their choosing. The President of the TAC shall sit as an ex officio member of the Governing Board and will make recommendations directly to the Governing Board. A quorum of the TAC shall be one-third (1/3) of its membership. The meetings of the TAC shall be held in accordance with the Ralph M. Brown Act (Government Code section 54950 et se❑.). Article VII - Standing and Ad Hoc Committees The Governing Board may establish Standing and Ad Hoc Committees. The Standing and Ad Hoc Committees shall be for the purpose of developing recommendations to the [Governing Board or TAC]. All Standing and Ad Hoc Committees shall have a written statement of purpose, and the Ad Hoc Committees shall in addition have a written statement of charges, before they are formed. The President shall recommend, and the Governing Board shall appoint by a vote of fifty percent (50%) plus one (1), the members to the Standing and Ad Hoc Committees. Members to the Standing and Ad Hoc Committees shall be appointed for one year terms. In making recommendations for members to the Standing and Ad Hoc Committees, the President shall consider regional representation. A quorum of a Standing or Ad Hoc Committee shall be fifty percent (50%) plus one (1) of its membership. All Standing or Ad Hoc Committees (except TAC) shall be chaired by a [Governing Board Representative]. The meetings of the Standing and Ad Hoc Committees shall be held in accordance with the Ralph M. Brown Act (Government Code section 54950 gt seg.). Article VIII - General Assembly A General Assembly may be called by the President of the Governing Board at any time to discuss issues and make recommendations to the Governing Board. All elected officials of the legislative bodies of all Members shall be members of the General Assembly. The General Assembly is not required to meet. The President of the Governing Board shall be the President of the General Assembly. Article I% - Budgets, Dues and Disbursements A. Annual Budget. The Governing Board shall adopt a Budget annually prior to July 1 of each calendar year. -5- B. Budget Amendments. The Governing Board may at any time amend the budget to incorporate additional income and disbursements that might become available to the Council for its purposes during a fiscal year. C. Fiscal Year. The Council shall be operated on a fiscal year basis beginning on July 1 of each year and continuing until June 30. D. Accounts. All funds shall be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code section 6505 and any other applicable laws. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Governing Board. E. Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Governing Board. F. Audit. The records and accounts of the Council shall be audited annually by an independent certified public accountant, or public accountant, in compliance with Government Code sections 6505.5 - 6505.6, and copies of such audit report shall be filed with the State Controller and each party to the Council no later than fifteen (15) days after receipt of said audit by the Governing Board. G. Dues. The Members of the Council shall be responsible for the payment to the Council, annually, of dues in the amounts periodically budgeted by the Governing Board, as and for the operating costs of the Council ("Dues"). Sixty (60) days notice shall be provided to Members of the date of the meeting at which Dues are to be determined for the following year. H. Reimbursement of Funds. Grant funds received by the Council from any federal, state, or regional agency to pay for budgeted expenditures for which the Council has received all or a Portion of said funds from the parties hereto shall be used as determined by the Governing Board. Article X - Amendments Amendments to these Bylaws may be proposed by a Governing Board Representative. The Amendment shall be submitted to the Governing Board at a meeting at least one month prior to the meeting at which the Amendment is voted upon. A vote of fifty percent (50%) plus one (1) of the total voting membership of the Governing Board is required to adopt an Amendment. 12-16-93 -6- City of Diamond Bar Meeting Agenda For PRIVATE February 15, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER Tuesday: February 8, 1994 Page: 1 ROLL CALL: MAYOR WERNER, MAYOR PRO TEM HARMONY, COUNCILMEMBERS Ansari, Papen and Miller 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - FEBRUARY 17, 1994 - 7:00 P.M., HERITAGE Community Center, 2900 S. Brea Canyon Rd. 5.2 PRESIDENT'S HOLIDAY - FEBRUARY 21, 1994 - IN OBSERVANCE CITY Offices will be closed - Re open February 22, 1994 5.3 GENERAL PLAN ADVISORY COMMITTEE - FEBRUARY 22, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION COMMISSION - FEBRUARY 24, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - FEBRUARY 28, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - MARCH 1, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED FEBRUARY 15, 1994 in the amount of $ Requested by City Manager 6.2 PLANNING COMMISSION MINUTES: 6.2.1 REGULAR MEETING OF NOVEMBER 8, 1993 - RECEIVE & FILE. 6.2.2 REGULAR MEETING OF NOVEMBER 22, 1993 - RECEIVE & FILE. 6.2.3 REGULAR MEETING OF DECEMBER 13, 1993 - RECEIVE & FILE Requested by Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION: 6.3.1 REGULAR MEETING OF AUGUST 12, 1993 - RECEIVE & FILE City of Diamond Bar Tuesday: February 8, 1994 Meeting Agenda For Page: 2 PRIVATE February 15, 1994 6.3.2 REGULAR MEETING OF SEPTEMBER 9, 1993 - RECEIVE & FILE 6.3.3 REGULAR MEETING OF OCTOBER 14, 1993 - RECEIVE & FILE 6.3.4 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE Requested by City Engineer 6.4 PARKS & RECREATION COMMISSION: 6.4.1 REGULAR MEETING OF SEPTEMBER 23, 1993 - RECEIVE & FILE 6.4.2 REGULAR MEETING OF OCTOBER 28, 1993 - RECEIVE & FILE 6.4.3 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE 6.4.4 REGULAR MEETING OF DECEMBER 16, 1993 - RECEIVE & FILE Requested by Community Services Director 6.5 CLAIM FOR DAMAGES - FILED BY ROSALINDA QUESADA ON JANUARY 24, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.6 MEMBERSHIP TO THE JOINT POWER INSURANCE AUTHORITY (JPIA) - CITY OF WEST HOLLYWOOD - Recommended Action: Requested by City Manager 6.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE OF DIAMOND BAR AUTHORIZING SUBMITTAL OF HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION... Recommended Action: Requested by City Manager 7. PUBLIC HEARINGS: 7.1 AMENDING UNIFORM BUILDING CODE RE CHAPTER 99 - Recommended Action: Requested by Mayor/Community Development Director 8. OLD BUSINESS: 8.1 MID -YEAR BUDGET ADJUSTMENTS - Recommended Action: City of Diamond Bar Meeting Agenda For PRIVATE February 15, 1994 8.1 MID -YEAR BUDGET ADJUSTMENTS - Requested by: City Manager Tuesday: February 8, 1994 Page: 3 9. NEW BUSINESS: �9 COMMISSION APPOINTMENTS: 9.1.1 PLANNING COMMISSION - FIVE (F) VACANCIES - 9.1.2 PARKS & RECREATION COMMISSION - FIVE (5) VACANCIES 9.1.3 TRAFFIC & TRANSPORTATION FIVE (5) VACANCIES 9.2 MODIFICATION OF CITY'S OFFICE LEASE - Requested by City Manager 9 4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Recommended Action: Requested by Mayor Pro Tem Harmony 9.# SAN GABRIEL VALLEY ASSOCIATION OF GOVERNMENTS - SUPPORT OF "MINI C.O.G.) COUNCIL OF GOVERNMENTS - Recommended Action: Requested by City Manager 10. ANNOUNCEMENTS: 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9) 12. ADJOURNMENT: City of Diamond Bar Meeting Agenda For PRIVATE February 15, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER 7, T Tuesday: February 8, 1994 Page: 1 ROLL CALL: MAYOR WERNER, MAYOR PRO TEM HARMONY, COUNCILMEMBERS Ansari, Papen and Miller 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: J �cwi�Cr�i ��✓Ic (�IJU Ics}7d� l%, C9q y- %,.`vd 5.e�7- PRESIDENT'S HOLIDAY - FEBRUARY 21, 1994 - IN OBSERVANCE CITY Offices will be closed - Re open February 22, 1994 5.,23 GENERAL PLAN ADVISORY COMMITTEE - FEBRUARY 22, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.31 PARKS & RECREATION COMMISSION - FEBRUARY 24, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5. PLANNING COMMISSION - FEBRUARY 28, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5„Fl� CITY COUNCIL MEETING - MARCH 1, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - REGULAR MEETING OF JANUARY 18, 1994 - Approve as submitted. Requested by City Clerk 6.2 WARRANT REGISTER - APPROVE WARRANT REGISTER DATED FEBRUARY 15, 1994 in the amount of $ Requested by City Manager 6.3 PLANNING COMMISSION MINUTES: 6.3.1 REGULAR MEETING OF NOVEMBER 8, 1993 - RECEIVE & FILE. 6.3.2 REGULAR MEETING OF NOVEMBER 22, 1993 - RECEIVE & FILE. 6.3.3 REGULAR MEETING OF DECEMBER 13, 1993 - RECEIVE & FILE Requested by Community Development Director 6.4 TRAFFIC & TRANSPORTATION COMMISSION: City of Diamond Bar Tuesday: February 8, 1994 Meeting Agenda For Page: 2' PRIVATE February 15, 1994 6.4.1 REGULAR MEETING OF AUGUST 12, 1993 - RECEIVE & FILE 6.4.2 REGULAR MEETING OF SEPTEMBER 9, 1993 - RECEIVE & FILE 6.4.3 REGULAR MEETING OF OCTOBER 14, 1993 - RECEIVE & FILE 6.4.4 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE Requested by City Engineer 6.5 PARKS & RECREATION COMMISSION: 6.5.1 REGULAR MEETING OF SEPTEMBER 23, 1993 - RECEIVE & FILE 6.5.2 REGULAR MEETING OF OCTOBER 28, 1993 - RECEIVE & FILE 6.5.3 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE 6.5.4 REGULAR MEETING OF DECEMBER 16, 1993 - RECEIVE & FILE Requested by Community Services Director 6.6 CLAIM FOR DAMAGES - FILED BY ROSALINDA QUESADA ON JANUARY 24, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.7 SAN GABRIEL VALLEY ASSOCIATION OF GOVERNMENTS - SUPPORT OF "MINI C.O.G. ) COUNCIL OF GOVERNMENTS - l 6co6- J,, ��so� %acs jrc Qom+ J Recommended Action: Requested by City Manager 6.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE OF DIAMOND BAR AUTHORIZING SUBMITTAL OF HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION... Recommended Action: Requested by City Manager 6.9 MEMBERSHIP TO THE JOINT POWER INSURANCE AUTHORITY (JPIA) - CITY OF WEST HOLLYWOOD - Recommended Action: Requested by City Manager 7. PUBLIC HEARINGS: 7.1 AMENDING UNIFORM BUILDING CODE RE CHAPTER 99 - City of Diamond Bar Tuesday: February 8, 1994 Meeting Agenda For Page: 3 PRIVATE February 15, 1994 _ C tw�i'1 JUO C'I' %CX — 7.1 AMENDING UNIFORM BUILDING CODE RE CHAPTER 99 - Recommended Action: Requested by Community Development Director 8. OLD BUSINESS: 8.1 MID -YEAR BUDGET ADJUSTMENTS - Recommended Action: Requested by: City Manager G1.�,�._ %�-T• ��f'� ! :/'� 1 SSI �: ���� � �il:n :.r1q _ _Sir'_'��� 9. ANNOUNCEMENTS: 10. CLOSED SESSION: MAY CO ENE TO CONY IDE�cR:( CK&ATHAERS OF PENDING Litigation (G.C. 54956.9) 11. ADJOURNMENT: t 2 City of Diamond Bar Meeting Agenda For PRIVATE February 15, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER Wednesday: February 9, 1994 Page: 1 ROLL CALL: MAYOR WERNER, MAYOR PRO TEM HARMONY, COUNCILMEMBERS Ansari, Papen and Miller 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - FEBRUARY 17, 1994 - 7:00 P.M., HERITAGE Community Center, 2900 S. Brea Canyon Rd. 5.2 PRESIDENT'S HOLIDAY - FEBRUARY 21, 1994 - IN OBSERVANCE CITY Offices will be closed - Re open February 22, 1994 5.3 GENERAL PLAN ADVISORY COMMITTEE - FEBRUARY 22, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION COMMISSION - FEBRUARY 24, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - FEBRUARY 28, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - MARCH 1, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: .1 W c RE j 6GISTER - APPROVE WARRANT REGISTER DATED FEBRUARY 15, 1994 in the amount of $a4�0,7R2.)70 Requested by City Manager 6.,2 PLANNING COMMISSION MINUTES: //6.2.1 REGULAR MEETING OF NOVEMBER 8, 1993 - RECEIVE & FILE. ,,,16.2.2 REGULAR MEETING OF NOVEMBER 22, 1993 - RECEIVE & FILE. ,6.2.3 REGULAR MEETING OF DECEMBER 13, 1993 - RECEIVE & FILE Requested by Community Development Director 6.3 TRAFFIC & TRANSPORTATION COMMISSION: .1 REGULAR MEETING OF AUGUST 12, 1993 - RECEIVE & FILE ri City of Diamond Bar Wednesday: February 9, 1994 Meeting Agenda For Page: 2 PRIVATE February 15, 1994 .,�3.2 REGULAR MEETING OF SEPTEMBER 9, 1993 - RECEIVE & FILE 6':3.3 REGULAR MEETING OF OCTOBER 14, 1993 - RECEIVE & FILE 6'.3.4 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE Requested by City Engineer 6�PARKS & RECREATION COMMISSION: 6.4.1 REGULAR MEETING OF SEPTEMBER 23, 1993 - RECEIVE & FILE 6.4.2 REGULAR MEETING OF OCTOBER 28, 1993 - RECEIVE & FILE 6.4.3 REGULAR MEETING OF NOVEMBER 18, 1993 - RECEIVE & FILE 1 6.4.4 REGULAR MEETING OF DECEMBER 16, 1993 - RECEIVE & FILE Requested by Community Services Director 6,CLAIM FOR DAMAGES - FILED BY ROSALINDA QUESADA ON JANUARY 24, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6 MEMBERSHIP OF THE CITY OF WEST HOLLYWOOD IN THE SOUTHERN (_,a`)(_ &4 JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - The Southern California Joint Powers Insurance Authority Executive Committee, at their meeting of January 26, 1994, recommended approval of the City of West Hollywood as a memeber of the Authority. Cities applying for membership must be approved by a two-thirds majority of the current membership. Recommended Action: Approve membership of the City of West Hollywood in the SCJPIA and authorize Councilman Miller to execute the consent form as the City's delegate to the Authority. Requested by City Manager 6.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE OF DIAMOND BAR AUTHORIZING SUBMITTAL OF HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION... Recommended Action: Requested by City Manager 6., NOTICE OF COMPLETION - PATHFINDER RD. AND BREA CANYON RD. r% SIGNALIZATION - Recommended Action: City of Diamond Bar Wednesday: February 9, 1994 Meeting Agenda For Page: 3 PRIVATE February 15, 1994 "6-- NOTICE OF COMPLETION - PATHFINDER RD. AND BREA CANYON RD. Requested by City Engineer 7. PUBLIC --,,HEARINGS: 7.l AMENDING UNIFORM BUILDING CODE RE CHAPTER 99 - Recommended Action: Requested by Mayor/Community Development Director 8. OLD BUSINESS: 8.1 MID -YEAR BUDGET ADJUSTMENTS - Recommended Action: Requested by: City Manager 9. NEW BUSINESS: 9.1 SAN GABRIEL VALLEY ASSOCIATION OF GOVERNMENTS - SUPPORT OF "MINI C.O.G.) COUNCIL OF GOVERNMENTS - Recommended Action: Requested by City Manager 9.2 MODIFICATION OF CITY'S OFFICE LEASE - Requested by City Manager 9.3 COMMISSION APPOINTMENTS: ^( 9.3.1 PLANNING COMMISSION - C1,jrp_t \.` �C�'� L�)CL�1Lj C., nT Jvl4fl��� Requested by City Clerk 9.3.2 PARKS & RECREATION COMMISSION - F Requested by City Clerk 9.3.3 TRAFFIC & TRANSPORTATIONJ�c �dt� Requested by City Clerk 9.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - Recommended Action: Requested by Mayor Pro Tem Harmony 10. ANNOUNCEMENTS: City of Diamond Bar Wednesday: February 9, 1994 Meeting Agenda For Page: 4 PRIVATE February 15, 1994 11. CLOSED SESSION: MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation (G.C. 54956.9) "A.0016)0zI1l;$zyW