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HomeMy WebLinkAbout03/15/1994Cit COU�Rc-tf AGENDA Tuesday, March 15, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member 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 recycled paper and encourages you to do the same. 1. 2. 3. 4. Next Resolution No. 94-iZ Next Ordinance No. 02(1994) 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 SPECIAL PRESENTATIONS, PROCLAMATIONS' CERTIFICATES, ETC. 2.1 Presentation by Anne Stephens, representing Supervisor Deanne Dana's office, celebrating Safe Community's Week 2.2 Presentation of City Tile to Anne Stephens, Field Representative with Supervisor Deanne Dana's for service to the City of Diamond Bar. 2.3 Proclaiming April 3, through April 10, 1994 Commemorating "FIFTY YEARS AGO: DARKNESS BEFORE DAWN" of Holocaust Memorial Museum 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 alreadyassheduledsfca cdonsiderVtiit to on this agenda. P a �f this form is vola„tarv� There the Citv Clerk (completion is a five minute maximum time lima when address ina the C1_V Council. COUNCIL COMMENTS: Items raised by individual Council members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Pantera Park Workshop - March 17, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 General Plan Advisory Committee - March 22, 1994 -.7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 Parks HRecreation _eritage Park Commun ty Centerission - s 2900 S. ch 24, Brea Canyon p• Rd. MARCH 15, 1994 6. PAGE 2 5.4 Planning Commission - March 28, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.5 General Plan Advisory Committee - March 29, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.6 City Council Meeting - April 5, 1994 - 7:00 p.m. AQMD Auditorium, 21865 E. Copley Dr. CONSENT CALENDAR: 6.1 VOUCHER REGISTER - Approve Voucher Register dated March 15, 1994 in the amount of $222,818.81. Requested by City Manager 6.2 TREASURER'S REPORT - Receive & file Treasurer's Report for Month of February, 1994. Requested by City Manager 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of February 14, 1994 - Receive & File. Requested by Community Development Director 6.4 REJECTION OF CLAIMS: 6.4.1 Filed by County of Los Angeles - Claim for on Indemnification (Mora Wills, et al) February 22, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk or 6.4.2 Filed by County of Los Ramos andes Claim Martinez) fon Indemnification - February 18, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.5 RELEASE OF WATER IMPROVEMENTS SURETY BOND POSTED FOR TRACT 36741 (Montefino Condominium Complex) - The City desires to release Surety Bond No. 5218967 for the installation of water mains and fire hydrants on Bodega Way and Colombard Ln. (private streets) in the amount of $94,000 for faithful performance and $47,000 for labor and material. MARCH 15, 1994 PAGE 3 Recommended Action: Approve and accept the completed work and release the surety bond posted. Requested by City Engineer 6.6 NOTICE OF COMPLETION - FOR INSTALLATION OF A METAL BEAM GUARD RAILING ALONG THE NORTH SIDE OF GRAND AVENUE AT ROLLING KNOLL ROAD - The City Council, on April 20, 1993, awarded a contract to C.W. Fence Co. Inc., for the installation of metal beam guard railing along the north side of Grand Ave. at Rolling Knoll Rd., for a total amount of $33,475.00. The installation has been completed and inspected. Recommended Action: Accept the work performed by C & W Fence Co. Inc. and authorize the City Clerk to file the Notice of Completion and release any. retentions upon completion of the appropriate notice period. Requested by City Engineer 6.7 LANDSCAPING ASSESSMENT DISTRICT NUMBERS 38, 39 AND 41 - The City has an annual program for the maintenance of public improvements and intends to continue the program by special assessments upon lands within the City's Landscaping Assessment Districts 38, 39 and 41. Funds must be provided to enable these Districts to continue their operation during the 1994-95 FY. Proceedings for the maintenance of said improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highway Code of the State of California. Requested by City Engineer 6.7.1 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - Recommended Action: Adopt Resolution No. 94 - XX. Requested by City Engineer 6.7.2 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - MARCH 15, 1994 PAGE 4 Recommended Action: Adopt Resolution No. 94 - XX. Requested by City Engineer 6.7.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING. ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - Recommended Action: Adopt Resolution No. 94 - XX. Requested by City Engineer 6.8 ENGINEERING ASSESSMENT SERVICES CONTRACT FOR LANDSCAPING ASSESSMENT DISTRICT NO. 38, 39 AND 41 - The City has an annual program for the maintenance of public improvements by special assessments upon lands within the City's Landscaping Assessment District No. 38, 39 and 41. To accomplish the work it is necessary to secure the services of a qualified engineering firm to provide the annual assessment engineering services. Staff has received and evaluated seven (7) proposals for such services. Recommended Action: Award a professional engineering services contract to GFB-Friedrich and Associates, Inc., in an amount not to exceed $28,200 for Fiscal Years 1994-95, 1995-96 and 1996-97, plus a contingency amount of $5,000. Requested by City Engineer 6.9 RESOLUTION NO. 93-66A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE POLICIES AND PROCEDURES AND REGULATIONS FOR THE USE OF FACILITIES OPERATED BY THE CITY OF DIAMOND BAR - The City received written correspondence (copies attached) from the Little League and the Diamond Bar Junior Women's Club requesting a waiver of fees for the use of Heritage Park Community Center for fund raising activities. Little League is planning a Las Vegas night on April 23 and the Junior Women's Club is planning a Breakfast with Easter Bunny on March 26. Currently, facility use policies specifically exclude fund raising activities. from free use of the Community Center. Recommended Action: Adopt Resolution No. 93-66A amending the Policies, Procedures and Regulations for the use of facilities operated by the City to allow for the waiver of room rental fees one time per calendar year for fund MARCH 15, 1994 PAGE 5 raising events at Heritage Park Community Center conducted by Diamond Bar based non-profit organizations. Requested by Community Services Director 6.10 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF A PORTION OF GOLDEN SPRINGS DRIVE WITHIN SAID CITY AS A PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES - As part of the County System of Highways, the County has proposed to install flashing beacons along Golden Springs Dr. at no cost to the City. The flashing beacons are intended to heighten motorists' awareness of the existing pedestrian/golf cart crosswalks serving the Royal Vista Golf Course. Since one of the proposed flashing beacons is located on Golden Springs Dr. approximately 100 ft. west of Calbourne Dr. in the City of Diamond Bar, the County requests to be granted jurisdiction from the City. Recommended Action: Adopt Resolution No. 94 -XX consenting to the establishment of a portion of Golden Springs Dr. within the City as part of the System of Highways of the L.A. County. Requested by City Engineer 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 SECOND READING - ORDINANCE NO. 01(1994): 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 - This item was held over from the City Council meeting of March 1, 1994. On February 15, 1994 the City Council conducted a public hearing to consider the readoption of Chapter 99 of the Los Angeles County Building Code, entitled "Building and Property Rehabilitation." The readoption of Chapter 99 is proposed to enhance or replace existing code enforcement tools. The ordinance will serve on an interim basis and remains in effect until August 12, 1994 unless repealed or extended. Recommended Action: Approve for second reading and adoption of Ordinance No. 01 (1994). Requested by Mayor/Community Development Director MARCH 15, 1994 PAGE 6 8.2 VERBAL PROGRESS REPORT ON GENERAL PLAN ADVISORY COMMITTEE - Continued from March 1, 1994 Requested by M/Werner 8.3 CONCEPTUAL APPROVAL OF AND CONTINUED ACTION REGARDING A BUSINESS RETENTION, ATTRACTION & DEVELOPMENT PROGRAM - Conceptual approval of and continued action regarding a Business Retention, Attraction, and Development Program for the improvement and promotion of business in the City. Recommended Action: Give conceptual approval to an outline and action plan for a BusinessProgram for improvement and . Retention, Attraction, and Development promotion of business in the City. Requested by Asst. City Manager 8.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY. Continued from March 1, 1994 Requested by MPT/Harmony 9• NEW BUSINESS: 9.1 ANNOUNCEMENT OF NAMES OF MEMBERS OF MATERIALS RECOVERY FACILITY (MRF) AND CULTURAL ARTS COMMITTEES - Requested by Mayor 9.2 FY 1993-94 MUNICIPAL BUDGET AMENDMENT - NUMBER 2 - The City Council adopted the FY 1993-94 Municipal Budget, on June 15, 1993. On November 16, 1993, the City Council approved Budget Amendment No. 1. The following is the recap of proposed Budget Amendment No.2 . Recommended Action: Approve Budget Amendment Number 2. 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 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, March 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 March 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 March, 1994, at Diamond Bar, California. --L- !J---Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar ainieuBls G- J _ Aw 3oagaj se;nulyy Ilouno0 ayl envy eseeld weal epuaBs loJunoe(gns ey; uo IJ^n So SS91ppS PUB eweu I. O eq; ssejppL, o; laadxe i s� ly- 5 -T,-i :3NOHd -�/ — :31ba Yll >18310 J1110 110Nnoo J1110 3H1 SS3WOCIV 01 LS3no3u ,&UVJ.Nn-10/1 :103mnsl# VON30V :NOI.LVZINbJdO :ss3daOd :wod=l :Ol ANY DES RING TO ADDRESS THE CITY CO NCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: /�, , ,-/ ADDRESS: ORGANIZATION: SUBJECT: V ,/'Cj _j,75?" y5 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. S NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons to address the Council are recognised and to ensure correct Spellingsofng names in the Minutes. Upon recd - iv ADDRESS THE CITY COUNCIL Your name gn3tion from the discuss, and address and Mayor' please walk to Following address Proceed to comment the microphone agenda m and state any member of the audiences who wishes a vote he a da you wish to ion and Prior to the Mayor will recognize You are welcome to attend to speak on the subject. conduct of all Cit Public business Y Council meetings and your interest * in the Thosewho *************************************** * h Public hearinstO speak on agenda s * Speaker's Cards or discussions ma subjects scheduled as C at the desk of the complete Clerk. Plete voluntary * Council * rules call * five (5) minutes, for each speaker to limit remarks to * ChambThe ersisis requested to be * hibited, ThankYou. din seated in the Council 9 or obstructing of aisles is ******************* pro- ****************# VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to adds the Council on the subject agenda item. Please have the Council Minutes reflect my name and addres"smitten above. gnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognised and to ensure correct spelling of names in the Minutes. A:Q�Y ?ERSON DESIRING TO_ARQRK_SS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member Of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is re * Chambers. Standing ortobstructing ed to be aofdaislesin eisopro- * pro- hibited. Thank pro- * you. * ****************************************************************** VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA �I/TEM NO. DATE: TO: City Clerk I F FROM: rL, ADDRESS: ORGANIZATION: SUBJECT: j�rapa S=�cIeir- S fes$ I expect to address the Council on the subject agenda it m. Please have the Council Minutes reflect my name and addressas/Jwritten hove. Siqnature 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. Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish t discuss. Following discussion and prior to aany member of the audience who wished to speak thecon the subs ectwill recognize You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** ** Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * Council rules call for each speaker to limit remarks to * five * (5) minutes. * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. * Thank you. * VOLUNTARY REQUEST TO ADDRESS THE CITY COIINCTL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM D ADDRESS: "'NS, ORGANIZATION: \,_ r—'% –n _ \ --�'v' 1 SUBJECT: �!zo `�'�.� - b. cl I expect to address the Council on the suct agenda Please have the item. Council Minutes reflect my name and adArO4ss as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * * ****************************************************************** 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 a Council Minutes reflect my name and Benda item. Please have the re�ss�(as itt(e above. � 1I� NOTE: All S igYature form is intended to rsons massistt the meetings and address the Citp Counersonscil. to address the Council are the p in ensuring This names is the Minutes. 9nised and to ensureacorrect spelling of ANY PERSON DESIRING TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will recognize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ****************************************************************** * Those who wish to speak on agenda subjects scheduled as * public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * * * The audience is requested to be seated in the Council * Chambers. Standing or obstructing of aisles is pro- hibited. Thank you. * * VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk l� FROM: �. ADDRESS: I 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. Signature Council. This NOTE: All persons may attend meetings and address the Cityrsons wishing form is ss theed to C uncilsist the are recognizedor 1and torensureat all correct spelling of to address t names in the Minutes. TO ADDRESS THE CITY COUNCIL Upon recognition from the Mayor, please walk to the microphone and state Your name and address and proceed to comment upon the agenda item you wish to discuss. Following discussion and prior to a vote, the Mayor will reco gnize any member of the audience who wishes to speak on the subject. You are welcome to attend all City Council meetings and your interest in the conduct of public business is appreciated. ******************************************************************* Those who wish to speak on agenda subjects scheduled as public hearings or discussions may complete voluntary * Speaker's Cards at the desk of the City Clerk. * * * Council rules call for each speaker to limit remarks to * five (5) minutes. * The audience is requested to be seated in the Council * Chambers, g g p * Sank yo or obstructing of aisles is ro- hibited. Thank you. * * rI. UNITED �"' STATES HOLOCAUST MEMORIAL MUSEUM Februrary 18, 1994 ,,',/ Honorable Gary H. Werner Mayor of Diamond Bar 21660 East Copley Dr.,Ste. 100 Diamond Bar, California 91765 Dear Mayor Werner: The United States_,k gust Memorial Council was mandated to lead the nation in annual commemorations oi�F-ie victims othe Holocaust, known as Days of Remembrance [Public Law 96-388,10/7/80]. Millions of American citizens, both at home and abroad will participate in Remembrance obse 1 inday Ap ' 3 throu da, A riI 1 The theme or this year's commemoration isi ears Ago: Ermness Before Dawn. We recall the events of 1944, a year in which Nazi Germany decimated the Jewish populations of Hungary, northern Italy, France, the Greek Islands, and the Netherlands. Thousands of European Gypsies were killed in this year alone. East Euro can forced laborers ill with tuberculosis were murdered in the so-called euthanasia centers. It was also the year in which the first major war crimes trial was held, that of the commandant and guards at Majdanek, a death camp located in the suburb of Lublin, Poland, and liberated by the Soviet troops in July of 1944. Now more than ever, your personal leadership in this national commitment to remember and commemorate is essential. Thus, we respectfully request that you issue a Days of Remembrance Proclamation (suggestion enclosed) and forward it, or a copy, to the United States Holocaust Memorial Museum for your City's permanent archive. This sends a message to the citizens of your City that in such trying times, you went on record to keep the promise "Never Again." The annual Days of Remembrance provide Americans with an opportunity to reflect anew upon our history and to contemplate our moral responsibilities to humankind, values our ancestors held dear. We look forward to receiving your Proclamation and hope that you will also initiate and participate in Remembrance ceremonies in your City. The United States Holocaust Memorial Museum, which opened to the public in April, 1993, has had an extremely successful year greeting well over one million visitors who came to learn what evil can do. We aspire to spread our message of learning and remembrance to all Americans through the Museum and the Days of Remembrance. We are deeply grateful for your strong support. Sincerely, �Y Benja in Meed Chairman, Days of Remembrance Enclosure A Project of the United States Holocaust Memorial Council 100 Raoul Wallenberg Place, SW, Washington, UC 20024-2150, Telephone (202) 488-0400, Fax (202) 488-2690 Sample Civic Proclamation This is a composite of language drawn from proclamations sent to the United States Holocaust Memorial Museum by the nation's governors and mayors. Whereas, six million Jews were systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and _ Whereas, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and Whereas, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of the Victims of the Holocaust, known internationally as Yom Hashoah; and whereas it is appropriate for the citizens of to join in this commemoration with the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust: Now, therefore, I, , Governor/Mayor of the State/City of , do hereby proclaim the week of Sunday, April 3 through Sunday, April 10, 1994, as Days of Remembrance of the Victims of the Holocaust in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance. I X T E R O F F I C E M E M O R A N D U M TO: MWor Pro Tam Harmo ��,pp and Council MambGr Ansari FROM: Linda G. Magnuson;' Accounting Manager SUBJECT: Voucher Register, March 15, 1994 DATE: March 9, 1994 Attached is the Voucher Register dated March 15, 1994. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated March 15, 1994 has been audited approved and is recommended for payment. Payments are hereby allowed from the following funds in these amounts: 001 General Fund 118 Air Quality Imp Fund 125 CDBG Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD 141 Fund 225 Grand Ave Const Fund 227 Traffic Mit Fund 250 CIP Fund TOTAL ALL FUNDS APPROVED BY: i da G. Mag u n Accounting Man ger errence L. Belanger City Manager 0 $190,697.96 1,600.33 (336.00) 2,597.82 31.74 3,595.88 3,147.00 819.13 ?0,664.95 $222,818.81 Clair W. Harmony Mayor Pro Tem r 4Ele—en R. Ansari Council Member +# City of Diamond Bar *** RUNTIME: 10:5903/10/94 VOUCHER REGISTER DUE THRU.............03/15/94 PAGE 1 VENDOR NAME VENOR ID. * * PREPAID * * ACCOUNT PROJ.TX-NO BATCH F..O.LDE /N0. --------------------------------- ! ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Refreshment Svcs ARA O<?1-409-21'x) 45 40:3158 3108 0:3,1` Equip Rental -April 31.00 TOTAL DUE VENDOR --------) 31.00 Alternate Energy Engineer AltEnergy 001-4440-6100 9 40315B 01/179'AA 03/08 03;15 12,427 EOC Improvements 452.66 TOTAL DUE VENDOR --------) 452.66 American Planning Assoc AmPlanAsc 001-4210-2315 7 40315B 03108 03/15 83769 Membership Renewal-DeStef 551.00 TOTAL DUE VENDOR --------) 581.00 Armentrout, Phil Armentrout 001-4440-4040 19 40315C 03/08 03/15 6121 EmerSvcCoord-2/21-3/4 1,009.00 125-4215-2 M 36 40315C 03/08 03/15 6121 CDBG Ovrpymnt-Chk#1%81 336.00 - TOTAL ME VENDOR --------) 673.00 Brandman Assoc., Michael Brandman 001-2300-1010 100 40315E 03/08 03/15 0194-0083 Prof Svcs -FR -93-010 2,725.45 001-2300-1011 29 40315E 03/08 03/15 0893-0944 Prof Svcs-FER92-003 1,842.31 TOTAL ME VENDOR --------) 4,567.76 CELSOC CELSOC 001-4210-2320 6 40315B 03/08 03/15 Planning Publications 63.71 TOTAL DUE VENDOR --------) 63.71 CEWAER CEWAER 001-4010-2330 35 403158 03/08 03/15 Conference -3/23-24, Papen 115.00 y> ' TOTAL OLE VENDOR --------1 115.00 CLOUT 0000021433 001-4010-2325 33 403110' 03/08 03/15 Genl Mtg - Ansari 12.00 03/15/94 TOTAL PREPAID AMOUNT ----) 12.00 TOTAL DUE VENDOR --------) 0•Do Charles Abbott & Asc Inc CharlesAbb 001-2300-1010 104 40315D 03/08 03/15 019 Prof Svcs -FPL 93-040 217.50 001-2300-1011 33 40315D 03/08 03/15 019 Prof Svcs-FER ,'-003 739.50 001-4510-5500 12 403151) 03/08 03/15 019 Feb Engr Svcs 7,172.50 001-4510-5500 13 40315D 03/08 031115 019 CountrySewerAssmnt 2,280.00 Cx01-4510-5500 14 40215D 03/08 03/15 019 Prof Svcs-264OC1earCrk 130.50 001-4510-5500 15 40:315D 031'08 C!3115 019 Prof Svcs-269OSteeplChs 4355•..00 001-4510-5500 16 403150 0if38 03,15 019 Prof Svcs-DerringrSlope 87.00 f+ City of Diamond Bar *¢ RUM TIME: 10:5903/10/94 VOUCHER REGISTER DUE THRU.............03/15/94 PAGE VENDOR NAMEiD. t PREPAID ACCOWT PROJ.TX-Ip /N0. ------------------- ENTRY/DUE INVOICE DESCRIPTION ----------------------------------------------------------- AMOUNT DATE CHECK Charles Abbott & Asc Inc CharlesAbb iCONTINUED) 001-4551-5223 11 40315D 03,108 03/15 019 Engr Plan Check Svcs 2,353.50 001-4551-5227 1 40315D CEJ 0 15 019 Engr Inspections-JCCOrdng 609.:J0 TOTAL DUE VENDOR --------) 14,024.50 Chu, Grace ChuG 001-2300-1001 3 40315B 03/08 03/15 Refund -Stockpiling Bond 1,000.00 TOTAL DUE VENDOR --------) 1,000.00 Clayton Engineering Inc. ClaytnEngr 250-4310-6415 04694 63 40315A 01/1489A 03/08 03/15 CIPConst-HrtgPrk 20,664.95 03/15/94 0000021486 TOTAL PREPAID AMOLINT ----) 20,664.95 TOTAL DUE VENDOR --------) 0.00 D&J Engineering D&JEngine 001-4220-5201 26 40315D 03/09 03/15 940-002 Inspection Svcs -Feb 2,065.00 of 001-4220-5201 25 40315D 03/09 03/15 94R-002 PlanChk/Bldg Svcs -Feb 12,059.48 001-4220-5201 24 403158 03/08 03/15 94S-001 Plan Checking Svcs 447.37 001-4220-5201 23 403158 03/08 03/15 94S-004 Special Insp 2/5-2/12 360.00 TOTAL DUE 'VENDOR --------) 14,931.85 DBARS DBARS 001-4440-6100 10 40315B 03/088 03/15 Equipment -Mobile EDC 115.66 TOTAL DUE VENDOR --------) 115.66 Diamond Bar Business Asoc DBBusAssoc 001-4090-2210 13 40315B 03/08 03/15 Common Area Maint - March 812.00 TOTAL DUE VENDOR --------) 812.00 Diamond Bar Business Ascc 001-4090-2140 20 03/08 03/15 Reit 10/'a3-2/'94,STE 4190 28,5.35+.00 001-4090-2210 14 03/08 03/15 CAM 10/93-2/94, STE #190 2,990.00 TOTAL DUE VENDOR --------) 31,529.00 Diamond Bar Friends of DBFLibrary 001-4095-2395 4 40:315A 0:3/0'::031/15 Fundraiser-Papen 20.00 03/15!94 000214$8 TOTAL PREPAID AMBIT ----) 20.00 TOTAL DUE VENDOR --------) 0.00 i t y p F n i a m O n d B a r *** RUNTIME' 1059 03/10/94 V�JUCHREGISTER ER La THRU.............03/15/94 PAGE 3 * * PREPAID * * VEM WE +1OW ID. AM�NT DATE CHECK ACCOUNT PROJ.TX-NO BATUMUK/ND• ENTRY/DUE INVOICE L 5�----- - __________-- ----------------------------- ---------------------------- French & Assoc. DwightFren 419.13 227-4510-6412 06194 13 403158 01/13-12A 00/08 03/15 I(Y)14 2 R.econvcs-G1/OldSpGrd 3,147.00 225-4510-6411 06394 8 403158 01/1457A 03/0'3 03/15 1001463 Reconst-Cmd/G1dSprgs ^xni 92 138-4538-6410 06°94 '20 403158 O1/162'p3/08 03/15 1001461, EngDesign5vcs-Median ` TOTAL DUE VENDOR --------} 6,168.05 Eastman Inc. Eastman lies -Planning 20'65 001-4210-1100 18 40315E 11/1791 G3; 08 0:3!15 01187275 Supplies -Planning 60,87 (101-40?0-1100 28 443158 tea/17ii1 03/08 03/15 011871293 Supplies -Gen Govt tt lies -Planning 103.92 001-4210-1100 17 40315B 10/1791 03/:3 (3/15 011880592Pplies-Planning 101.84 001-4210-1100 1b 403158 0911791 :_VoS )1/1, 011881552 Supp lies 22.39- 001-4090-1200 30 40315B 12;1191 0.2, 03/15 011889784 Credit Memo -Gen plies 36.50- 1701-4090-12'00 31 40319 13//791 i?3',1c)8 03..'15 1111$95418 Credit Memo -Gen Supe 7.71 001-4310-1100 12 403158 14/1791 03/x18 03/15 011903154 Supplies - Parks & Rec 111.11 001-40`,,0-1100 19 403158 16/1791 t13i)8 03/15 011962173 Supplies - Finance 95.42 001-4090-1100 29 4031`B 17/1791 03G5 03/15 011962186 Supplies - Gen Govt 455.06 001-4210-1100 19 403158 18Ii791 4,3/08 03/15 011962211 Supplies - Planning 52.92 001-4040-1200 5 44315B 15/1791 03/03 03!15 01962151 Supplies -City Clerk TOTAL DUE VENDOR --------> -950.61 F&A Federal Credit Union F&ACreditU Cr Union Deductions - PP4 1,824.04 03/15/94 WW)21484 001-.110-1012 E. 40315A c�:3/r,8 03/15 TOTAL PREPAID AMOLNT ----> 1,820.00 TOTAL DUE VENDOR --------) 0.00 FKM Copier Products F 153.67 001-4090- 1100 31 40:315C 01/1&14 03108 G:3115 264721 Tater/Lube1(eros 1090 TOTAL DUE VENDOR --------) 153.67 Federal Reserve Bank FedReserve Svgs Bond Purchse-PP3-4 100.00 001-2110-1009 85 40313;1''"',03/08 03/15 VENDOR --------1 100.00 TOTAL DUE Firemens Insurance Co JILInsBal-ArtistcLanscpAgrmnt4,610.00 -�, 03/08 03/05 1)01-45_x.5« -5509 J2 40315D 70TAL DUE VENDOR --------> 4,610.00 Fleet Call FleetCall 0?/4S 03/15 Feb 2 Way Radio Svcs 158.55 001-4090-21:30 46 40315C TOTAL DUE VENDOR --------} 158.55 ttt� City of Diamond Bar *#� RLINTI1E. 10:5903/10/94 VOUCHER REGISTER DUE THRU.............03/15/94 PAGE 4 * * PREPAID * * ID. -- AMOUNT DATE CHECK: LIUM NAME - /�. ENTRY/DUE INVOICE DESCRIPTION - FROJ.TX-1� BA ----------------- AC1�]IMIT ------------------------------------------------------------------ ------------------------ Franchise Tar Board FranchiseT WitholdingOrder-351:369088 109.40 001-2110-1009 66 40315C 03/O8 it3/15 TOTAL DUE VENOM ------- 109.40 GTEL ; GTE , 03,/08 0:3/15 Equip Rent -2/19-3/19 $80.0` 001-4090-2130 47 402155 TOTAL DUE VENDOR --------1 884.03 GTE California GTEij';/15 Gen Phone Svcs -Feb 2,176.45 001-4090-212`, :4 4031 TOTAL DUE VENIX)Ft-------- 2,176.45 GTE California GTE' 3898 03!0' 01/15 Ener Prep Phone Svcs 001-4440-2125 23 40315C TOTAL DUE 'VENDOR --------] 38' 98 GTE California GTE221.07 03/08 1)3/15 Gen Phone Svcs-Bldg85afty 001-4090-2125 25 403155 ) 221.07 TOTAL DUE �" -------- GTE GTE California 03/06 03/15 Modum Svcs 16.48 001-4040-2125 15 403155 TOTAL DUE VE -------- ) 16.48 Gonsalves & Son, Joe A. Gonsalves March Prof Svcs 2,100.00 001-4010-4000 24 403155 01/1780A 03/08 03/15 TOTAL DUE VENDOR --------] 2,100.00 Good Guys695.34 001-4<770-6254 4 03/08 43/15 BI269359 13 TV,NI�i w/Convertor TOTAL DUE VENDOR --------) 695.34 Hardv M. Stroaier Inc. HardyStroz Prof Svcs-FPL92-19 9,287.42 03/48 03/15 3,814.84 401-2300-1010 101 40�15C 03/08 03/15 Prof Svcs-FPL93-06 1,052.37 001-2300-1010 102 40315C 0.3;08 03/15 Prof Svcs-FPL92-30 001-2'300-1010 103 4031`_5 END ) 13,154.63 TOTAL DUE V -"------ *** City of Diamond Bar * * * RUN TIME: 10:59 03/10/94 V 0 U C H E R R E G I S T E R PAGE 5 DUE THRU.............03/15/94 VENDOR NAME VENDOR 10. $ * PREPAID ACCOUNT PROJ.TX-ND BATf_.6INE/N0. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------•---------------------------------------------------------------------------------------------------- Hi -Tech Resources HiTech 001-4090-2205 1 40,.'ffC 0311018 73'15 ^92 Prof Svcs -Network M.mint 355.3 0 TOTAL DUE VENDOR --------) 855.1)0 nal:E inn HolidayInn :`01-4010-2'330 36 41-1.3-1-5.0 03/08 03/15 CZWAER Calf-3/23,24-Papen 88.09 TOTAL DUE VENDOR --------) 88.09 Inland Valley Dly Bulletn IVUB 001-4210-2115 35 40315C 03/08 00/15 dc76489 Pub HRg-CUP 94-1,89-528 105.00 TOTAL DUE VENDOR --------) 105.00 L.A. Canty -Sheriff's Dep LACSheriff 001-4411-5401 25 40315C 03/08 03/15 21737 SpecEvent-CalChapl/23-2/9 5,603.56 "i TOTAL DUE VENDOR --------) 5,603.56 L.A.County-Dist. Attorney LACDistAtt 001-4210-4000 35 40315C 03/08 03/15 Legal Svcs-Bldg&Safty 47.71 TOTAL DUE VENDOR --------) 47.71 LG&E Power Engineers LG&EPower tKtl-73�k1-1011 30 40315C 03/08 03/15 97643 Prof Svcs FER 92-01 528.02 001-2300-1011 31 403150 03/08 03/15 97643 Prof Svcs FER 92-02 67.05 001-7300-1011 32 40315C 03/08 03/15 97643 Prof Svcs FFR 92-04 243.06 TOTAL DUE VENDOR --------) 838.13 Laverne, City of LaverneCit 001-4411-5405 12 40315C 03/08 03/15 PrkgCitationMediation-Feb 56.00 TOTAL DUE VENDOR --------) 56.00 League of CA Cities 001-4040-2 10 2 40313 03/08 03/08 CC1kConf-4/27-29-Burgess 210.00 TOTAL DUE VENDOR --------1 210.00 Lewis Engraving Inc. LewisEngra 001-4090-2110 37 40315C 03/08 03/15 EngrvSvcs-OutgoingComs 86.60 iKtl-4210-1100 1. 20 40:315C 03/08 03/15 015208 EngrvSvcs-2 Plgs-PingComm 123.41 TOTAL DUE VENDOR --------> 210.01 # City of Diamond Bar Ott RIJNTIME:10:5903/10/94 VOUCHER REGISTER DUE THRU.............03/15/94 FADE 6 VENDOR NAME D. + 4 PREPAID * * ACCOUNT PROJ.TX-NO BA NE /N0. ENTRY/DALE INUCICE------DESCRIPTION-----------------------AKW T-- DATE CHECK. --------------------------------------------------------- - - dZyMarksman Arczynski Hansom MarkmanArc .TOTAL DUE VENDOR --------r 0.00 Martin & Chapman Co. Martin&Cha 001-4040-1100 29 40315D 01/1705 03/08 03/15 94206 Minute Book Paper 85.11 TOTAL DUE VENDOR --------f 85.11 Miss D.B. Beauty Pageant DBBeauty 001-4095-2395 3 40315A 03/08 03/15 Advertisement-Sponsership 150.00 03115/94 0000021485 TOTAL PREPAID AMOUNT ----> 150.00 TOTAL DUE VENDOR --------f 0.00 Mobil Mobil 001-4090-2310 28 40315D 03/08 03/15 k0193490 Fuel -Gen Govt 6.25 001-4210-2310 30 40315D 03/08 03/15 k0194541 Fuel -Ping 21.25 001-4090-2310 26 40315D 03/08 03/15 k0194622 Fuel -Gen Govt 13.50 001-4310-2310 72 403150 03/06 03/15 k0194633 Fuel-Prk & Rec 19.00 001-4090-2310 27 40315D 03/08 03/15 k2997153 Fuel -Gen Govt 12.50 001-4310-2310 71 40315D 03/08 03/15 k2998155 Fuel-Prk & Rec 32.50 TOTAL DUE VENDOR --------5 105.00 Montgomery, Michael MMontgomer 001-402'0-4020 13 40315D 01/1784A 03/08 03115 Feb Retainer Svcs 4,310.00 001-4020-4021 83 40315D 02/1730 03/08 03115 Legal Svcs -DBA Lawsuit 750.00 001-4020-4021 84 40315D 03/1784A 03/09 03115 Legal Svcs -Days Inn 250.00 001-4020-4021 85 40315D 04/1780 03/08 03/15 LeglSvc-U.S.vs Montrose 250.00 TOTAL OLE VENDOR --------> 5,560.00 Mosaic Press Mosaidres 118-4098-62 < 1 30 21 4031: /1751 03/08 03/15 8501 Computer Equip-GtyOnLine 139.00 TOTAL DUE VENDOR --------> 139.00 Myers Widders & Gibson 001-4020-4021 82 403150 03/08 03/15 Mtg Reimb-Ord 4 Opinion 22.00 TOTAL DUE VENDOR --------1 22.00 Myers, Elizabeth MyersE 001-4040-4000 37 40315D 03/177 03/08 03/15 94dbO5 Mnt Sec CC ounc Mtg 2115 300.00 001-4210-4000 36 40315D 02/1787 03/08 03/15 94db05 Mnt Sec Ping Mtg 2/14 360.00 001-4210-4220 50 403151) 04/177 03/08 03/15 94dbO5 Mnt Sec CCounc Mtg 2/15 320.00 001-4553-4000 122 40315D ?1/1787 03108 03/15 94dbO5 Mnt Sec Trf & Trns-2/10 240.00 TOTAL IdJE VENDOR --------> 1,2.."0.00 +++ City of Diamond Bar +++ RUN TIME! 10%59 03/10/94 V O U C H E R R E G I S T E R DUE THRU.............03/15/94 PAGE 7 VENIXIR NAME ja, + + PREPAID + + ACCOUNT PROJ.T1 ENTRY/DUE INVOICE DESCRIPTION AMOLAJT DATE CHECK --------------------------------------------------------------------------------- ------------------------------ ,... Online Integrated OnIntegeat 118-4098-6230 22 40315D 03/0,. 013/15 10:32 Prof Svcs-CityOnLine 1,423.62 118-4098-6230 23 40315D 03/08 03/15 1034 Misc Equip-Cty0nLine 37.71 TOTAL DUE VENDOR --------> 1,461.33 PERS Health Benefits PERSHealth 001-2110-1003 36 40315A 03/08 03115 March March Health Ins Premiums 8,786.80 03/15/94 0000021493 001-4090-0080 12 40315A 03/08 03/15 March March Health Admin Charge 22.12 03/15/94 0004021493 TOTAL PREPAID AMUT ----) 8,808.92 TOTAL DUE VENDOR --------) 0.00 Pac Tel Cellular PacTel 001-4030-2125 22 40315D 0:/08 03/15 Feb Cellular Svcs 39.82 TOTAL DUE VENDOR --------) .39.82 Pacesetter Municipal Svcs Pacesetter 001-4090-6220 4 40315A 03/08 03115 Office Equip & Furniture 1,700.00 03/1 487 TOTAL PREPAID AMOUNT ----) 1,700.00 TOTAL DUE VENDOR --------) 0.00 Payroll Transfer PayrollTr 001-1020 49 40315A 03/08 03/15 Payroll Transfer - PP4 46,500.00 03/15/94 0000000004 TOTAL PREPAID AMOUNT ----) 46,500.00 TOTAL DUE VENDOR --------) 0.00 Pitney Bowes Credit Corp. PSCC 001-4090-2130 48.40315D 03/08 03115 Equip Rent -3/10-4/10 99.59 TOTAL DUE VENDOR --------} 99.59 Pomona Industrial Medical 001-4090-2345 1 03/08 03/15 PrePlacementPhysical-Noll 134.00 TOTAL OUE VENDOR --------) 134.0 Pomona Valley Humane Sm. PVNS 001-4431-5403 10,40315D 06/1614 03/08 03/15 March Animal Control Svcs 4,152.17 TOTAL OLE VENDOR --------) 4,152.17 Prudential Service Bureau PSBI 001-2110-1004 29 40315D 03/08 03/15 March Dental Prems 920.10 001-2110-1006 27 40315D 03/08 03/15 March Vision Prems 283.98 TOTAL DUE VENDOR --------} 1,204.08 f�� City of Diamond Bar #** RW TIME: 10,59 03/10/94 V Q U C H E R E G I S T E R DUE THRU.............03/15/94 PAGE 3 + * PREPAID * # NAME ID. AMOUNT DATEVENDOR CHECk: ACCT PROJ.TX-N0 8A /NO. ENTRY; DUE IMJGCE DESCRIPTION ---------------------- F.H.F. Inc. RHFInc ;�_ -0„ 0 J15 1:353 Eqaip Maint-Radar System 73.69 001-4411-2200 13 40315D TOTAL DUE VENDOR --------) 73.69 Richards Watson & Gershon RichardsWa 1)3/15 Leg1Svcs-DB Citizens 85.50 001-4020-4021 86 403151) TOTAL DUE VENDOR --------> 85.50 Robert Driver Ins Co. RobDrive 03/08 03/15 Spec Event Ins -Feb 250-00 001-2300-1004 22 40315D TOTAL DUE VENDOR --------> 250.00 Rose, Bobby Rosea - Laughlin Etcur 79.17 03/15 0002 , 001442 001-4350-1200 89 40315A 03/08 03/15 Supplies TOTAL PREPAID AMOUNT ----) 79.17 TOTAL DUE VENDOR --------) 0.00 San Gabriel Vly Tribune SGVTribune 121.54 001-4210-2115 36 40315D 03/08 03/15 03964 Pub Hrg-Cup 94-1,89-528 TOTAL DUE VENDOR --------) 121.54 Sheriff's Emporium SheriffEmp 11.76 001-4010-2110 12 40315D 03!08 03/15 Nan Badge -Mayor TOTAL DUE V900R--------- ) 11.76 Southern Ca Gas Co SoCaGas Gas Svcs-HrtgPrkCommCtr 378.83 001-4313-2126 9 40315D 03/08 03/15 TOTAL DUE VENDOR --------) 378.83 Southern Ca. Edison 43/08 03/15 Electric Svcs -Dist #41 32.03 141-4541-2126 17 TOTAL DUE VENDOR --------> 32.03 Southern Ca. Edison SoCaEdison Electric Svcs -Dist #36 ^95.90 138-4538-2126 25 40315D 03/08 03/15 TOTAL DUE VEIIDOR--------> 395.90 ttt City of Diamond Ear +�tt RUN TIME. 10,59 03/10/94 V O U C H E R R E G I S T E R DUE THRU.............03/15/94 PAGE 9 PREPAID VENDOR NAME t t t t ACCOUNT PROJ.TX- Ib.�. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK --------------- Southern Ca. Edison SoCaEdisdn 001-4322-2126 12 40315D 03/08 03/15 Electric Svcs-RonReagn 420.50 TOTAL DUE VENDOR --------) 420.50 Southern Ca. Edison SDCaEdison 001-4555-2126 13 40315D 03/06 03/15 Trffc Control Svcs 1,058.210 TOTAL DUE VENDOR --------1 1,056.20 Southern Ca. Edison SoCaEdison 001-4313-2126 10 403150 03108 03/15 Elect Svcs-HrtgPrkCossCtr 1,369.70 TOTAL DUE VENDOR --------) 1,369.70 Southern Ca. Edison SoCaEdison 31.74 139-4539-2126 15 40315D 03/06 03/15 Elect Svcs -Dist 39 TOTAL DUE VENDOR --------) 31.74 Standard Insurance of Ore StandardIn 001-2110-1005 35 40315D 03/06 03/15 March Life Ins Press 34$•00 TOTAL DUE VENDOR --------) 348•0 Subway Subway 27.50 03/15/94 0000021495 001-4210-4220 49 40315A 03/08 03/15 GPAC Mtg Supplies TOTAL PREPAID AMOtW ----) 27.50 TOTAL DUE VOW -------- ) 0.00 US Sprint uSSprint 001-4510-2125 10 403150 03/06 03/15 Engr Long Dist Phne Svc 10.30 .. TOTAL DUE VENDOR --------> 10.30 United States Postal 5erv, 001-4350-2120 2 03/08 03/15 Postage -Recreation Flyer 326.46 03/08/94 0000021494 TOTAL PREPAID AMOUNT ----> 326.46 TOTAL DUE VENDOR --------> 0.00 Walnut Vly Water Dist WVWaterDis 001-4322-2126 13 403150 03/08 03/15 Water Usage -Ran Reagan 747.75 001-4'325-2126 5 403150 03/08 03/15 Water Usage-Starshine Prk 5b4.65 TOTAL DUE VENDOR --------> 1,312.40 *** City of Diamond Bar *** RUN TIME: 10:59 03/10/94 V O U C H E R R E G I S T E R DUE THRU.............03/15/94 PAGE 10 VENDOR NATE yew 10. * * PREPAID * * ACCOUNT PROJ.TX-WO M. ENTRY/DUE INVOICE DESCRIPTION AMOUNT DATE CHECK Walnut Vly Water Dist WYNaterDis 141-4541-2126 18 40315D 03/08 03/15 Water Usage-Di5t 1141 3,563.85 TOTAL DUE VENDOR --------) 3,563.85 Walnut'Vly Water Dist WVWaterDis 001-4556-2126 10 40315D Western City Magazine Western6 t 001-4210-2320 7 40315D Whitehouse, Nancy 001-4090-2325 001-4210-4220 Whittier College 001-4010-2325 Whittier College 001-4010-2325 Wildish & Nialis 001-4020-4021 Wright, Paul i 01-4090-40Y00 Yosemite Waters 001-4310-2130 Whitehouse 24 40315A 48 40315A WhittierCo 34 40315A WhittierCo 32 40315A 87 i' Wrightp 25 40315D YosemWater 24 40315D 01/1620 03/08 03/15 03/08 03/15 03/08 03/15 03/08 03/15 03/08 03/15 03/08 03/15 03/09 03/15 03/08 03/15 WaterUsage-60FMyEnvEnhanc TOTAL DUE VENDOR-------- Subscription-Meyer TOTAL DUE VENDOR -------- General Meeting Supplies GPAC - Meeting Supplies TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------> Ntrl Res Symposium-Ansari TOTAL PREPAID AMOUNT ---- TOTAL DUE VENDOR --------> Ntrl Res Sy9posiU07Paper TOTAL PREPAID AMOUNT ---- TOTAL DUE. VENDOR --------) 180.74 180.74 30.00 30.00 4.80 03/15 . 0000021491 97.34 WA 0000021491 102.14 0.00 30.00 03/15194 0000021489 30.00 0.00 30.00 03/15/94 0000021490 30.00 0.00 LeglSvcs-Gross v5 Miller 9,999.99 TOTAL DUE VENDOR --------3 9,999.99 Audio/Visual SYCS-3/1 TOTAL DUE VENDOR -------- 03/08 03/15 Jan550270 EquipRent-WaterDisp-Feb TOTAL DUE VENDOR -------- 195.00 195.00 12.00 12.00 RMTIME: 10:5903/10/94 }#* CiVtOUy of Diamond Bar a}a CHEk REGISTER VENDOR WE DUE THRU.............03/15/94 PAGE 11 ,, iD. -ACMJNT PROJ.TX-W �,. /W --------------------:, - ENTRY/INVOICE* NVOICE DESCRIPTION # a PREPAID ----------------------AMOUNT DATE ClCK -------------------------------------- TOTAL PREPAID -----------) 80,271.14 TOTAL ----------- 80,271-14 142,547.67 TOTAL REPORT --- --------- ) 222,818.81 AtNTIME:lorag03/10/94 f}¢ CiV tD y of Di an ®od Bar t# U C H E R FUND SUMMARErGIRSETP0RT PAGE ;h. DUE THR11.............03 /15/: 0 4 FIND rf G1L GLS WILL POST D!WT PAT REVENUE G, ` POSTED FUTURE TRANSACTIONS -------------------------*-- EXPENSE ----------------------- REVEL EXPENSE -------------------------------------------------------------- 125 REVENIE EXPENSE ------------------------------ - _ 001'Gener'al.Fwd 190,697. 96 79,635.80 - -------------- 125 CDBG Fwd 336.00- 111, %2.16 250 C.I.P. Fwd 20,664.95 ?-:f..G') - 227 Traffic Mit Fee 819.13 20,664.95 225 Grand Av Const F 3,147.00 819.13 138 LLAO #38 Fwd 2,597.82 3,147.00 118 Air Quality Iap 1,600,33 2,597.82 141 LLAD #41 Fwd 3,595.88 1,600.33 139 LLAD #39 Fwd 31.74 3,595.88 31.74 TOTAL ------__-_-- ALL FUNIDS---"----- 222,818.81 79,635.80 ------------ ----------- ___ ------------ 143,183.01----"---- TO: MEETING DATE: FROM: TITLE: CITY OF DIAMOND BAR HonAGENDA REPORT AGENDA NO. (• 2 orable Mayor and City Council March 15, 1994 Linda G. Ma nuso REPORT DATE: March 10, 1994 g , Accounting Manager Treasurer's Report - February 28, 1994 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of February 1994. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Ordinances(s) _ Agreement(s) EXTERNAL DISTRIBUTION: Public Hearing Notification Bid Spec. (on file in City Clerk's Office) Other SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Ter r ence L. elanger City Manager rank s r Assistant City Manager — Yes No Yes X No Yes --X No Yes__X No i 4 di da G. M uson Accounting anager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 1, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - February 28, 1994 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the February, 1994 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of February 1994. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 26, 1994 .:N Ei.. .. Sc.., t 9• a, ...l,..ry1r. GENERAL FUND $4,655,875.06 $1,308,567.04 $821,218.18 $5,143,223.92 TRAFFIC SAFETY FUND 16,737.07 7,223.47 23,960.54 GAS TAX FUND 2,364,292.23 76,071.44 1,560.23 (21,069.40) 2,417,734.04 TRANSIT TX (PROP A) FD 760,521.91 370.00 760,891.91 TRANSIT TX (PROP C) FD 1,113,848.91 71,604.00 1,185,452.91 INTEGRATED WASTE MGT FD 34,769.66 6,669.35 4,132.17 37,306.84 AIR QUALITY IMPRVMNT FD 46,863.87 87.00 2,862.34 44,088.53 STATE PARK GRANT FUND 0.00 0.00 PARK FEES FUND 192,233.04 192,233.04 S PARKS GRANT (PRP A) FD (6,725.91) (6,725.91) COM DEV BLOCK GRANT FD (26,244.51) 3,768.81 (30,013.32) LANDSCAPE DIST #38 FD 226,690.94 6,754.49 16,973.33 216,472.10 LANDSCAPE DIST #39 FD 73,673.58 1,828.92 16,727.65 58,774.85 LANDSCAPE DIST #41 FD 128,910.32 1,975.07 2,315.97 128,569.42 GRAND AV CONST FUND 424,846.74 934.61 423,912.13 TRAFFIC MITIGATION FEE FD 0.00 21,069.40 21,069.40 0.00 CAP IMPROVEMENT PRJ FD 102,560.10 35,110.66 67,449.44 SB 821 FUND 139,588.76 139,588.76 SELF INSURANCE FUND 382,134.20 350.00 381,784.20 TOTALS $10,630,575.97 1,481,150.78 $927,023.35 $0.00 $11,184,703.40 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $155,456.69 PAYROLL ACCOUNT 11,965.09 CHANGE FUND 100.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS TIME CERTIFICATES COMMERCIAL PAPER L.A.I.F. TOTAL INVESTMENTS $0.00 0.00 11,016,681.62 $168,021.78 11.016.681.62 TOTAL CASH $11,184,703.40 MINUTES OF THE PLANUMNv cvrmsroo:oss REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 14, 1994 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL: Present: Chairman Meyer, Vice Chairman Plunk, Commissioners Grothe and Li. Commissioner Flamenbaum arrived at 7:16 p.m. Also Present: Community Development Director James DeStefano, Associate Planner Rob Searcy, Planning Technician Ann Lungu, Interim City Attorney Michael Montgomery, and Recording Secretary Liz Myers Absent: None MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of January 24, 1994 Vc/Plunk questioned the accuracy of parts of the minutes of January 24, 1994. However, after discussion it was determined that the minutes as presented is correct. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to approve the minutes of January 24, 1994, as presented. OLD BUSINESS: - None NEW BUSINESS: 2. Planned Sign Program No. 94-1 AP/Searcy reported, per the Sign Ordinance, all freestanding signs require approval by the Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a wholesale nursery located on Golden Springs Drive, adjacent to the SR 60 freeway, between Banning Way and the Brea Canyon Road off - ramp. He stated that the sign is to be constructedwith 1/is 11 plywood supported by 2 X 4 frame on 4 X 4 posts, proposed as an unilluminated sign displaying the business name and phone number. It is recommended that the Planning Commission approve the freestanding sign at the location and February 14, 1994 page 2 size requested by the applicant. C/Grothe noted that the owner of the lot had originally requested to rent it out for storage of plants for a wholesale nursery. However, it now appears that the parcel may be used as a retail nursery, and should therefore be conditioned to improve the site for retail use. AP/Searcy stated that one of the conditions of approval for their original request was, should the wholesale nursery develop into a retail nursery, the property would have to be developed with the proper improvements establishment. for such an The Engineering conditioned the project requiring n ahas alsodditional ding plan addressing any intensification of thero ert y. that, at this time, both a wholesaleandretail nurseryHe are olesale andpare approved as a right of zone, not requiring special permits. VC/Plunk suggested that staff point out to the applicant the proper spelling of "wholesale'f, and that the approval application be conditioned with the word. proper selling of the Chair/Meyer expressed concern that the ap liis presented before the Planning Commission as a PlannednSign Program when it appears to be more of a temporary sign, whose appearance will deteriorate due to weathering. He pointed out that a professionally prepared sign, of a would be a major improvement to this facility. vent nature, inquired if there are existing non -conforming signs alongthen the freeway currently on the site. AP/Searcy stated that there is currently a real estate sign on the site along the freeway. Any other sign that was on the site has already been addressed and removed. Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Chair/Meyer noted that the applicant is not present to address the Planning Commission. Gary Neely express concern that the Sign Ordinance may prohibit freeway oriented signage. He then pointed out that the businesses surrounding the Colima Road/Brea Canyon Road commercial area, which are all serviced by the Brea Canyon off -ramp, is in need of a freeway oriented sign for its economic developmental welfare. He suggested the City consider allowing an electronic freeway orientedasign, that could be paid for by the businesses, to be located on the far western corner of the nursery property along SR 60 freeway to February 14, 1994 Page 3 help advertise the commercial area. He stated that he concurs the sign proposed by the applicant could be constructed more aesthetically. However, some consideration should be given to his financial situation. There being no one else wishing to speak, Chair/Meyer closed the meeting and returned the matter back to the Commission for consideration. CDD/DeStefano, in response to VC/Plunk's inquiry regarding condition (d) of the resolution, explained that the General Plan extension of time allows for Planning Commission deliberation and approval, if deemed appropriate, for this kind of sign. He pointed out that, regardless of the ultimate land use, there will undoubtedly be a freestanding sign at this location, but perhaps using different building materials. Therefore, staff concluded that the application would be conpatible with the future General Plan. VC/Plunk concurred that the sign should be constructed of better building material. C/Grothe questioned why this application is being presented as a Planned Sign Program rather than as a temporary sign approval. CDD/DeStefano explained that the Sign Code, under the section Planned Sign Program, requires the Planning Commission review a single freestanding sign. C/Flamenbaum questioned how the temporary sign for the Calvary Church located at the intersection of Golden Springs/Grand Avenue was conditionally approved by the Planning Commission. AP/Searcy explained that the temporary sign was approved as part of the Conditional Use Permit (CUP) for that project. The sign was conditioned to be maintained and removed at such time when the permanent monument sign on Grand Avenue was constructed. Chair/Meyer stated that he feels the application is inappropriate for a design review. He suggested that the application be denied, or be continued, allowing the applicant to design a more aesthetically pleasing small freestanding sign. A sign is a small investment for advertising a business. Moved by C/Flamenbaum to deny Resolution No. XX for the Planned Sign Program No. 94-1. CDD/DeStefano suggested that, since the Resolution of Denial has not been presented before the Commission, the Planning February 14, 1994 Page 4 Commission may choose to direct staff to prepare a Resolution of Denial with appropriate findings of fact for the next meeting. Amending his motion, C/Flamenbaum moved and C/Grothe seconded to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. Chair/Meyer inquired if the Planning Commission desired to discuss the motion. VC/Plunk suggested that it may be more appropriate to allow the applicant a certain amount of time to design a more suitable sign. C/Flamenbaum pointed out that since the applicant is not present at the meeting, the Commission is not able to receive his acquiescence to construct a more appropriate sign. He noted that since the sign is located at the entryway to the City, it should be better designed. Chair/Meyer stated that the applicant has an opportunity to attend the next meeting to discuss viable alternatives. Staff is being asked to prepare a resolution of denial. Therefore, the Resolution of Denial and the Resolution of Approval will be presented to the Planning Commission. ICA/Montgomery advised the Planning Commission that they could either table the application, continue the application, or deny the application without prejudice, thus allowing the applicant an opportunity to re -address the issue. Referring to VC/Plunk's request to condition the project to properly spell "wholesale", he pointed out that the Commission does not have the authority to control the spelling on a sign. C/Li suggested that the sign should be considered as temporary because it appears that the land use itself is temporary. AP/Searcy stated that though the land use is considered an interim land use, the use could theoretically last 20 to 30 years. C/Grothe pointed out that the tenant has zero investment into the property, and there is no guarantee that the sign will be maintained. C/Li pointed out that the application can be conditioned to include a maintenance clause. He expressed concern that the Commission may not be considering the applicant's financial ability when discussing this application. C/Flamenbaum reiterated that the resolution cannot be amended February 14, 1994 Page 5 to include additional conditions without the applicant's consent. The applicant will have the opportunity to address the issues at the next meeting. Chair/Meyer pointed out that the application is not a temporary sign but a sign package presented in the same format as all other signs in other commercial areas in the City. He stated that signs represent a significant investment in advertising for businesses. The City has an obligation to ensure that all businesses in the community comply with the same standards. The Planning Commission voted upon the motion made by C/Flamenbaum and seconded by C/Grothe to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. The Motion CARRIED 3-2 as follows: AYES: COMMISSIONERS: Grothe, Flamenbaum, and Chair/Meyer NOES: COMMISSIONERS: Li and VC/Plunk ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/Plunk asked staff to point out to the applicant that the word "whole sale" may be misspelled. CONTINUED PUBLIC HEARING 3. Zoning Code Amendment No. 93-3 - Property Maintenance ordinance CDD/DeStefano reported that, pursuant to the Planning Commission's direction at the last meeting, staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the meetings of December 13, 1993 and January 24, 1994. The changes made to the draft Property Maintenance Ordinance are highlighted by either red line for any additions made, or strikeout for any deletions made. He stated that the City Attorney has also been provided with the last draft of the Abatement Procedures, which was produced by the City Council sub -committee, for his review. It is recommended that the Planning Commission review the draft documents, make appropriate changes and forward the Property Maintenance Ordinance to the City Council. C/Flamenbaum, noting that Chapter 99 is an item of discussion on the City Council's agenda for their meeting tomorrow night, inquired if the Planning Commission should continue with their review of the draft Property Maintenance Ordinance at this time. February 14, 1994 Page 6 VC/Plunk pointed out that the recommendation to the City Council was to approve Chapter 99 as an interim measure until the draft Property Maintenance Ordinance was prepared in final form. Chair/Meyer noted that the City Council sub -committee desired to create a Property Maintenance Ordinance that went beyond the provisions of Chapter 99 of the Building Code and the Uniform Housing Code. Since the Planning Commission has expended much effort in developing the Ordinance to this point, the process should continue. VC/Plunk, noting that there have not been any changes made to the draft Abatement Procedures, inquired if the City Attorney has had the opportunity to review the document and respond accordingly. ICA/Montgomery stated that, though he received a copy of the draft Abatement Procedures with various comments and suggestions made, he felt it would not be appropriate to attempt to predict policy prior to public comment and prior to discussion by the Commission of the issues not yet addressed, such as mediation, or the notification procedure to deny tax benefits to any rental property not appropriately maintained. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Don Gravdahl, residing at 23398 Minnequa, submitted a drawing of his property illustrating the location of his motor home to the Planning Commission. Referring to Motor Vehicle Parking on page 7, he expressed concern that the ordinance requires motor homes parked on the side yard, abutting the street, to be screened. He noted that many motor homes parked on the side yard hangs out the front yard set back, and since a six foot high wall cannot be placed in the front yard set back to "screen" his motor home, the word "screened" should be eliminated. He then suggested that item B, under Motor Vehicle Parking, on page 8, be amended to indicate vehicles with a 10,000 pound gross vehicle weight (GVW), since many pickups posted 6,000 GVW do not take into account additional weight from added bodies, tools, etc. He also suggested that the definition of "Blighting Conditions" be removed from the document, particularly since much of the definition does not apply to the City, such as references to coastal environment. Bob Zirbes, residing at 2141 Tierra Loma, made the following comments: remove the definition of "blighting", on page 3, particularly since it is not mentioned anywhere else in the document; revise the definition of "driveway", on page 5, to amend (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private February 14, 1994 Page 7 property; there should be a diagram to reference the definition of "Yard", on page 5; and delete "to prevent public health hazards" from the last sentence of Landscape Maintenance, on page 9. He then suggested that there should be administrative procedures, included in the ordinance, for the Code Enforcement officers to follow for their investigation and handling of complaints, with the understanding that the Abatement Procedures are for the violator who refuses to comply. He also suggested that since the ordinance does not include a definition of "nuisance", then the Abatement Procedures should replace "nuisance" with "violation of Ordinance No. XX." Oscar Law, referring to page 7, suggested that the Ordinance allow the grandfathering of all existing recreational vehicles. Red Calkins concurred that the definition of "Blighting conditions" should be deleted. He also concurred with Mr. Gravdahl's suggestion to change the GVW to 10,000 pounds. Gary Neely inquired if the Commission will be addressing his suggestion regarding freeway oriented signs. Chair/Meyer explained that the appropriate time for the Commission to respond to comments made on issues not relating to matters on the agenda is during Commission Comments, at the end of the meeting. Gary Neely expressed his opinion that the draft Property Maintenance Ordinance should be completely thrown out. However, assuming that it is to remain, he made the following comments: delete the definition of "Blighting conditions" on page 3; redefine "Driveway" on page 5; expand the definition of "Yard", on page 5, to include consideration of flag lots; define a "pedestrian access way" as indicated on page 7, item A; define "debris" as indicated on page 6, item A; clarify the concept "side yard" versus "side yard that abuts the street; expand the definition of "aesthetically similar" as indicated on page 10; include Diagram A in the document regarding the definition of "yard"; and delete the reference regarding maintaining irrigation systems, indicated on page 9 since it is not the City's business. Al Rumpella, residing at 23958 Golden springs, referring to the draft Abatement Procedures, he made the following comments: item 3, under Hearing Notice, page 2, should be amended to indicate "certified mail"; replace "Code Enforcement Official" as indicated on page 2, under Extension of Time To Perform Work, with "Hearing Officer" since the hearing officer is the decision maker as indicated in item (C) order of Abatement; delete the mention that the hearing shall February 14, 1994 Page 8 be noticed, as indicated on page 6, under Account of Abatement Costs item (A), because it is not appropriate to disclose the violator and the violation; delete item (B), under Right of Entry, on page 8, and replace it with the District Attorneys definition as outlined in the letter dated June 28, 1993; and rewrite the first sentence, under Continuing violations, page 8, to read "It shall not constitute a new and separate offense...". Referring to the Ordinance, Mr. Rumpella made the following comments: delete "Blighting conditions" on page 3; allow 30 days to fix minor repairs, as indicated on page 6, item B; for consistency, delete the word "weeds" from item B, under Storage, page 7; delete mention of "screening", under Motor Vehicle Parking item A; delete "two such vehicles", indicated in item b, under Motor Vehicle Parking, on page 8, because some homes have three car garages and bigger families; and delete mention of the "irrigation system" indicated under Landscape Maintenance, on page 9. Oscar Law, referring to the Abatement Procedures, suggested that a registered owner be notified by certified mail that the property be maintained within a reasonable period of time, or the City will take care and add the cost to the property tax bill. There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Planning Commission for consideration, followed by a recess. RECESS: Chair/Meyer recessed the meeting at 8:25 p.m RECONVENE: Chair/Meyer reconvened the meeting at 8:47 p.m. The Planning Commission discussed if the Property Maintenance Ordinance would amend the Building Code or the Zoning Ordinance. ICA/Montgomery stated that, at this time, the Property Maintenance Ordinance can be placed in the Building Code. Chair/Meyer stated that, as another option, after adoption of the General Plan, the Property Maintenance Ordinance could be used as a potential amendment to the Zoning Ordinance, since it refers to zoning aspects. The Planning Commission concurred to review the draft Property Maintenance Ordinance page by page. The following is a summarization of the changes as concurred by the Planning Commission: Section 22.54.010, February 14, 1994 Page 9 page 2 - Rewrite the first part of Purpose and Intent, to read, "The lack of property maintenance contributes to the deterioration of residential, commercial and industrial properties including structures, landscaping and improvements thereon,... Such a deterioration may lead to an overall decline... further, deteriorating conditions of property contribute to the creation of conditions..." page 3 - The Planning Commission concurred that the issue regarding financial abilities will be addressed during the Abatement Proceedings. page 3 - Rewrite the last sentence, under Purpose and Intent, to read, "...,while concurrently providing a useful property maintenance enforcement tool to be utilized when notification of responsible parties have failed to prevent or eliminate the conditions described herein." Section 22.54.020 page 3 - Delete "Blighting conditions" in it's entirety. As suggested by ICA/Montgomery, the Planning Commission concurred to replace the definition of "Blight" with the definition of "Nuisance" as defined by State law. Section 22.54.030 page 5 - Rewrite the definition of driveway (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private property." Rewrite item (b) to read, "A private roadway providing access to a street or highway and off street parking facilities." Section 22.54.040 page 5 - Include Diagram A to reference the definition of yards. Include a definition of flag lots in the definition of Yards. Section 22.54.060 page 6 - Amend the last sentence of item (b) to read "..., that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) February 14, 1994 Page 10 days as approved by the Hearing Officer. This change will allow an opportunity for an individual to explain any special circumstances. Section 22.54.070 page 7 - Delete the entire section, A and B, in it's entirety because section 22.54.050, on page 6, defines the storage of front yard/side yard abutting a street. Therefore the definition of storage side yard not abutting a street is not needed. The purpose of the Ordinance is to keep things off of the front yard, not the side yard. Section 22.54.080 page 7 - Delete the statement, "if screened from public view". Delete the phrase "including the City's Planning and Zoning Code" because it is redundant. page 8 - Include a definition of commercial vehicle as stated in the Vehicle Code. Per the advise of ICA/Montgomery that it may be easier for the City to enforce the posted GVW for parked vehicles because the weight of a parked vehicle can't be determined without a court order, the Planning Commission concurred to amend item B to indicate the minimum use of the gross unladen weight of three tons and a maximum of 10,000 pounds actual weight. page 8 - Include a definition of commercial vehicles to address Item B to ensure that not more than two commercially used vehicles are parked or stored on any single-family lot or parcel. The Planning Commission concurred that existing recreational vehicles and commercial vehicles will not be exempt from the provisions. Section 22.54.090 page 8 - Rewrite the first sentence to read, "All buildings, structures and paved areas within any lot or parcel designated as single-family shall be kept and maintained in a manner not to constitute a public nuisance." Section 22.54.100 page 9 - Rewrite the entire section to read, "All landscaped areas within any lot or parcel designated as February 14, 1994 Page 11 single-family shall be kept and maintained in a manner so as not to constitute nuisance. a Landscaped areas shall be kept in a man e a an not to constitute a nuisance•roomed, trimmed, landscaped areas shall be mowed, g pruned and watered as to keep the same shall the growing condition. Irrigation systems kept in good working condition not to constitute a threat to public health or safety." Section 22.54.110 Delete examples 1 through 5 from Section A, and rewrite the first sentence to read, "All fences and walls upon any lot or parcel designated as single- family shall be kept and maintained in a mannerrite as not to create a public nuisance." Rew Section B to indicate that the o ences inions n walls must comply with Building Code p s not to impose a risk to health and safety. requested staff to address parking of trailer C/Flamenbaum req on homes in motor home parks in regards to section 22.54.15 , page 12, item A. Staff noted that most of the provision is preempted by State law in the mobile home parks. The Planning Commission directed dfthe Multi -family section ampYwhthe rest of the document C/Flamenbaum, referring to Commercial Standards, inquired how a local automotive repair shop will maintain the scrap yard in a neat and organized manner. The Planning Commission concurred on the following changes: page 10 - Section 22.54.210 screened storage yard, in the back, is page 16 - A fully exempt. section 22.54.230 page 17 - This section does not apply to single-family residences, and it should be tailored to oe present section, as well as address public nuisances. Section 22.54.250 page 18 - It should address public nuisances. February 14, 1994 Page 12 Section 22.54.260 to the Add a provision that private property open page 19 - public must be maintained in a safe and sanitary manner. The Planning Commission concurred that the following issues should be addressed in the Abatement Procedures: such as a 0 Provide for a preliminary informal notice, warning notice. process- o Provide for a mediation pfor issues. 0 Provide a certifiedmail ent forlhealth and safetytlon. o Provide stern enforcement m enforcement procedure for common o Provide a slow typevehicles under rep problems such as unmowe w s, nclude personal notice, and boats stored in the yard, mediation before citing the a letter, and then offering person. proceed from the Planning o The appeal process should Commission on to the City Council. process and abatement process should o The mediation p economic problems or other include consideration ° zoning administrator, constraints at a heareit before a Director, or appropriate Community Developm individual. designee, is the ultimate o The City Manager, or his thu responsible adms eliminating personnel, inistrative P mention of the Code nes to addresnforcement sf commercial/Industrial o Provide for heavy f owners. is applicable for residential as well ring o The initial hea as for commercial owners. carried Moved by C/Grothe, seconded by C/Flamenbaum and approval Of unanimously to direct staff to prepare resor u riate changes to for the next meeting, making all the appropriate the documents. pointed out that the Planning Commission did not Gary Neely p definition a debris items: yard; a clear address the following storage in the front Y "a indicated on page 6 definition of what yard" definition of "abutting the street"; estrian access way shall be maintained on one ped and define ',periodicallythe last means, as indicated on page indicated on page 20, resurfaced or resealed", sentence before industrial standards. PUBLIC HEARINGS: 4. Conditional Use Permit No. 94-1 February 14, 1994 Page 13 CDD/DeStefano reported that it is recommended that the Planning Commission continue the Public Hearing for Conditional Use Permit No. 94-1 to the meeting of March 14, 1994. Chair/Meyer opened the public hearing and invited those wishing to speak to come forward. There being no one in the audience wishing to speak, Chair/Meyer returned the matter back to the Planning Commission for consideration. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to continue the public hearing to the meeting of March 14, 1994. ANNOUNCEMENTS: CDD/DeStefano made the following statements: the General Plan revision process is successfully moving forward; and all of the City's Commission positions come up for reappointment consideration tomorrow at the City Council meeting. C/Flamenbaum suggested that the Planning Commission communicate to the City Council economic development team to discuss the possibility with the businesses in the Brea Canyon/Colima Springs commercial area to have one single off site sign for identification purposes, as suggested by Mr. Neely. He then suggested a revisit of the Sign Ordinance. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 10:07 p.m. Respectively, /s/ James DeStefano James DeStefano Secretary Attest: /s/ David Meyer David Meyer Chairman i �p r>JCAV Claimstration 750 The Suite 40 C'rangeIoiail: P. Santa Ana, CA 96799-5180 (,14) 740-7499 (E 00)5%2-b9X0 F kX: 714-740-7992 TO: City of Diamond Bar ATTENTION: Lynda Burgess, CMC/AAE City Clark RE: Claim Claimant D/Event Recd Y/Office Our File County of L.A. Diamond Bar. County of-L.A., 1-21-94 2-22-94 S 72034 RQ 1%53 February 28, 1994 (Ums, hills,. at al) vs. (Mora . 111s, at al) We have reviewed the above captioned claim and reqtzest t action indicated below: [Z] CLUX ILWZM1Or: Asad a standard rejaatioa latter 1 ( ] CLAIM INSUFFIC,IAN In accordance with the tal * a notice of insufficiency. gust be sailed._to . *. 29*1.'. THIS MKTS`fi U Nu CLAII�i`7M.- THE ORIGINAL CLAIM IN YOUR. OFFICE. no -ALM Government Code Sections 910 and/or 910.2 and/ft [ ] AMENDRUZAREUMMAT, C11AUL Send a standard. ftj ; claimant, rejecting this additional/amended 4als. [ ] ITa Elal►M iii. Return the original bla►is4 claimant, advisi � the claim is late and that this to file a writ: "' 7i©n for Leave to Present a. Lots copies in y y a. j. MIS MUST BE NAILED TO TIE CLAIM OF RECEIPT Zif YOUR OFFICE. QQ NOT SEND A "HF�Ib See Gove ion 911.4 [ ) AVVT NWTAM.. Reject claimant's "Application for x4alve 't4 Present a See Government Code Section 911.6. [ ] TAKE NO S`T'N= Defer any written response to the cl*#asnt' $nq our further advise. Please provide us with a copy of the notice sent, as rsqueoted aha,. if you have any questions please contact the undersigned. Very truly yours, WARREN iCOMPANY Ri har rque" -' ' 1 DE WITT W. CLINTON, County Counsel S. ROBERT AMBROSE, Assistant County Counsel 2 PATRICK J. GARDINER, Principal Deputy Cofff 2zuJ&&E04 STATE BAR NO. 047860 3 648 Hall of Administration Los Angeles, California 90012-2713 4 (213) 974-1894 5 Attorneys for Defendant COUNTY OF LOS ANGELES 6 t 7 rn rn C7 :y BEFORE THE CLERK OF THE 8 N - ! CITY OF DIAMOND BAR 9 3_° C 10 O 11 12 In the matter of the Claim of: ) CLAIM FOR INDEMNIFICATION ) THE COUNTY OF LOS ANGELES AGAINST ) 13 THE CITY OF DIAMOND BAR, ) 14 15 The undersigned claimant hereby makes claim against the 16 City of Diamond Bar in an amount presently undetermined for 17 indemnification and in support of said claim represents as follows: 18 A complaint for wrongful death entitled Mora Wills, et al. 19 v. County of Los Angeles et al.-, has been filed in Los Angeles 20 Superior Court, East District (Pomona), Case No. KC 015272. The 21 compliant, which was filed on November 30, 1993 was served on the 22 claimant on January 21, 1994. 23 The complaint alleges that plaintiffs suffered injuries as 24 a result of an incident involving an automobile collision in which 25 plaintiffs' decedent, Stephen Wills, was killed on Brea Canyon Cut - 26 off Road, approximately 1305 feet south of its intersection with 27 Pathfinder Road in the City of Diamond Bar. The complaint alleges, 28 that the claimant, County of Los Angeles, along with others) 1 including City of Diamond Bar acted wrongfully and therefore liable' 2 for the injuries and damages to the plaintiffs resulting from the 3', incident. 4 !' A copy of plaintiffs' complaint is attached to this Claim', i f 5''", for Indemnification, marked as Exhibit "A" and incorporated herein 6!, for reference purposes only. 71', It is the contention of the claimant, County of Los 8 Angeles, as against the City of Diamond Bar that claimant was not, 9 responsible in any manner for the injuries and damages to plaintiff Ir I 10 arising out of the incident. It is thereby requested that the City' 111I' of Diamond Bar acknowledge its percentage of responsibility and l! 12 further acknowledge that claimant is not responsible. 131!,' Claimant further contends that if it were found liable to 141plaintiffs by way of the cause of action of the complaint, 15 claimant's responsibility would be a concurrent cause of injuries 16 'II and damages with those acts and omissions of respondent. 17 Therefore, claimant is entitled to an apportionment of the 18 respective percentages of responsibility on a theory of comparative 19'' responsibility. 20'' Claimant further contends that it has the right to have 21 the court make a declaration as to respondent's obligation to 22 indemnify and hold harmless claimant for any judgment, settlement 23 or compromise in a proportionate amount equal to its respective 24 percentage of fault. 25 26 27 28 N 1 All communication or correspondence for claimant should be 2 directed to its attorney, Patrick J. Gardiner, at the above 11 3 address. / 4 DATED: 5 DE WITT W. CLINTON 6 County C unsel 7 �;; •'I ' 8 By ✓ i PATRICK J. GARDINE 9 Principal Deputy County Counsel Attorneys for Defendant 10 COUNTY OF LOS ANGELES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 2 3 4 5 i DE WITT W. CLINTON, County Counsel S. ROBERT AMBROSE, Assist. County Counsel PATRICK J. GARDINER, Prin. Deputy County Counsel 648 Kenneth Hahn Hall of Administration 500 W. Temple Street, Los Angeles, CA 90012 Telephone: (213) 974-1894 Attorneys for Defendant COUNTY OF LOS ANGELES 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORA WILLS, etc., et al. Plaintiff(s), VS. COUNTY OF LOS ANGELES, et al., CASE NUMBER KC 015272 PROOF OF SERVICE/ ACKNOWLEDGMENT OF SERVICE I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, State of California, and not a party to the above -entitled cause. On February 17. 1994 , I served a true copy of: CLAIM FOR INDEMNIFICATION 0 by personally delivering it to the person(s) indicated below in the manner as provided in FRCivP 5(b); by depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following: City Clerk City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 Place of Mailing: 648 Kenneth Hahn Hall of Administration 500 W. Temple St., Los Angeles, CA 90012-2713 Executed on February 18, 1994 at Los Angeles California. I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. L ht. Signature o person mating service 1 1 2 3 4 5 6 7 8 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEVEN D. ARCHER, ESQ. (State Bar No. 63834) SIMKE, CHODOS, SILBERFELD & ANTEAU, INC. 6300 Wilshire Boulevard, Suite 9000, Los Angeles, Ca., 90048 Telephone: (213) 653-0211 Facsimile: (213) 655-4962 Attorneys for Plaintiffs MORA WILLS; and BRANDON WILLS, a Minor, By and Through his Guardian Ad Litem, MORA WILLS 9803/Complaint. k10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE Qom* OF LOS ANGELES S�oo - MORA WILLS; andBRjlpa�tJ' ) a 3 E NO.: KC -01527' � WILLS, a Minor, :y*rd P �� Through his Guardians`" ) COMPLAINT FOR WRONGFUL DEATH Litem, MORA WILLS �Q�• ) Plaintiffs, ) VS. ) COUNTY OF LOS ANGELES; CITY) OF DIAMOND BAR; FERNANDO ) DIAZ; THE WILLIAM LYON ) COMPANY, a California ) Corporation; WOODGLENN II ) HOMEOWNERS ASSOCIATION, a ) California Corporation; ) MARQUIS MANAGEMENT GROUP, ) INC., a California ) Corporation; and DOES 1 ) through 100, Inclusive, ) Defendants. ) GENERAL ALLEGATIONS 1. That at all times herein mentioned, plaintiffs MORA WILLS and BRANDON WILLS, a Minor, by and through his Guardian Ad Litem, MORA WILLS were and now are residents of the County 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2) 2f of Los Angeles, State of California. 2. That at all times herein mentioned, defendant FERNANDO DIAZ, was and now is a resident of the County of Los Angeles, State of California. 3. That defendant COUNTY OF IAS ANGELES is a public entity, duly organized and existing under the laws of the State of California as a municipal corporation, and on May 20, 1993 was served with a government claim for damages on behalf of plaintiffs pursuant to Government Code, Section 910, et sea.. The claim , which is claim no. 066/93C-01619, was denied on or about July 4, 1993. A copy of the this conformed claim is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. That defendant CITY OF DIAMOND BAR is a public entity, duly organized and existing under the laws of the State of California as a municipal corporation, and on May 19, 1993 was served with a government claim for damages on behalf of plaintiff pursuant to Government --C-9 , Section 910, et se— q-.-The claim was denied on or about June 15, 1993. A copy of t^is conformed claim is attached hereto, marked as Exhibit incorporated herein by reference. 5. That the true names or capacities, whether individual, corporate, associate, or otherwise of defendants, DOES 1 through 100, inclusive, and each of them, are unknown to plaintiffs who, therefore, sue said defendants by such fictitious names. Plaintiffs are informed and believe and thereon allege that each of said defendants designated here. - as a DOE is responsible, in some manner, for the events and i I happenings herein referred to, and caused injuries and damages j 2 thereby to the plaintiffs as herein alleged. 3 6. Plaintiffs are informed and believe, and thereon 4 allege, that each of the defendants herein is absolutely liable I 5 in tort, and/or is liable because of the injuries and damages 6 sustained by plaintiffs, and/or is liable due to a breach of 7 warranty, express or implied, and/or is liable for negligence, 8 and/or for other reasons any or all of which proximately caused 9 the injuries damages sustained b � and dg y plaintiffs as herein 10 alleged either through the defendants' own conduct or through 11 the conduct of their agents, servants or employees, acting 12 within the course and,co a of their agency, -sp g y, service or � 13 employment, or due to their ownership, manufacture, sale, j 14 repairing, installing, entrusting or supplying of the 15 instrumentality involved, or in some other manner. 16 7. That defendants THE WILLIAM LYON COMPANY, a California 17 Corporation; WOODGLENN II HOMEOWNERS ASSOCIATION, a California 18 Corporation; MARQUIS MANAGEMENT GROUP, INC., a California 19 Corporation, and DOES 40 through 80, inclusive, each and all 20 are, and at all times herein mentioned were, corporations duly 21 authorized under and by virtue of law, and were authorized to 22 do and were doing business in the State of California. 23 8. That defendant DOE 81 now is, and at all times herein 24 mentioned was, a co -partnership consisting of DOES 82 through 25 89, inclusive. 26 9. That defendant DOE 90 now is, and at all times herein 27 mentioned was, a co -partnership consisting of DOES 91 through 28 100, inclusive. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 10. That at all times herein mentioned the defendants, and each of them, were the agents, servants, and employees of each, every and all of the other defendants and were acting within the course and scope of their agency, service and employment. 11. That at all times herein mentioned, each defendant that was operating a defendant vehicle did so with the permission and consent, express and implied, of each, every and all of the owners of that certain defendant vehicle. 12. That plaintiff, MORA WILLS, is the surviving wife of her decedent, STEPHEN WILLS. 13. That plaintiff BRANDON WILLS, a Minor, by and through his Guardian Ad Litem, MORA WILLS, is the surviving minor child of his natural father, decedent STEPHEN WILLS. 14. Plaintiffs are informed and believe, and thereupon allege, that Brea Canyon Cut -Off Road, approximately 1305 feet south of its intersection with Pathfinder Road which is the scene of the accident out of which this action arises [hereinafter referred to as "ACCIDENT SCENE"), is located within the geographic boundaries of defendants, COUNTY OF Los ANGELES and CITY OF DIAMOND BAR. 15. Plaintiffs are informed and believe, and thereupon allege, that defendants COUNTY OF LOS ANGELES and CITY OF DIAMOND BAR, are responsible for the design, maintenance, traffic control and safety of the ACCIDENT SCENE. 1 FIRST CAUSE OF ACTION 2 [Negligence as against defendants FERNANDO DIAZ and 3 DOES 1 through 10, inclusive, and each of them] 4 16. Plaintiffs repeat and reallege Paragraphs l through 5 15, inclusive, of their General Allegations, and each of them, 6 as though fully set forth at this point. 7 17. That on or about December 7, 1992, at the approximate 8 hour of 10:25 a.m., the plaintiffs' decedent, STEPHEN WILLS, 9 was operating a certain 1984 Nissan automobile in a northerly 10 direction on Brea Canyon Cut -Off Road, at or near its 11 intersection with Pathfinder Road, in the City and County of 12 Los Angeles, State of California. 13 18. That at said time and place, defendant FERNANDO DIAZ 14 was operating a certain 1978 Chevrolet automobile in a 15 southerly direction on Brea Canyon Cut -Off Road. Said vehicle 16 was owned by defendant FERNANDO DIAZ and Defendants DOES 1 17 through 10, inclusive, and was then,and there being 18 permissively operated by defendant FERNANDO DIAZ. 19 19. That at said time and place, and prior thereto, the 20 defendants, and each of them, so recklessly, negligently, 21 carelessly and unlawfully owned, controlled, maintained, 22 serviced, used, permitted the use of, entrusted, operated and 23 drove their certain vehicle, that as a sole, direct and 24 proximate result thereof, the said defendant vehicle was cause- 25 to, and did then and there, strike and collide with the 26 plaintiffs' decedent's vehicle causing injuries and damages tc 27 the plaintiffs, as are more fully set forth hereinbelow. 28 20. That as a sole, direct and proximate result of the 1 2 3 4 5 6 7 8 16 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accident hereinabove described, plaintiffs' decedent, STEPHEN WILLS was fatally injured and subsequently died as a result of injuries then and there sustained, all to plaintiffs general damages in an amount in excess of the minimum jurisdictional limits of this court. 21. That as a further, sole, direct and proximate result of the accident herein, plaintiffs were required to and did obtain hospital and medical care and attention for their decedent prior to his death in an amount not now known to them. When plaintiffs ascertain the total amount incurred for the said hospital and medical care and attention required by their decedent they will ask leave of court for permission to amend this complaint by setting forth such total amount. 22. That as a further, sole, direct and proximate result of the accident herein, plaintiffs were required to and did incur funeral, mortuary and burial expenses for their decedent herein in.an amount not now known to them. When plaintiffs ascertain the total amount incurred for the said funeral, mortuary and burial expenses required by their decedent they will ask leave of court for permission to amend this Complaint by setting forth such total amount. 23. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs were caused to, and did suffer a loss of the earnings and certain income of their decedent, in an amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings and of earning capacity, plaintiffs will ask leave of ° court to amend this complaint by setting forth such total I amount. 2 24• That as a further, sole, direct and proximate result 3 of the accident hereinabove described, plaintiffs' decedent's 4 automobile was damaged in an as yet unknown total amount. When 5 plaintiffs ascertain the true amount and extent of said 6 property damage, plaintiffs will ask leave of court to amend 7 this complaint by setting forth such total amount. 8 25. Plaintiffs allege that they are entitled to prejudgment 9 interest pursuant to California Civil Code, Section 3288 from 10 the date of the accident up to and including the date of 11 judgment, according to proof. 12 13 SECOND CAUSE OF ACTION 14 [Negligence as against defendants, COUNTY OF LOS ANGELES 15 CITY OF DIAMOND BAR and DOES 51 through 100, Inclusive, 16 and each of them.] 17 26. Plaintiffs repeat and reallege Paragraphs 1 through 15, 18 inclusive, of their General Allegations, and each of them, as 19 though fully set forth at this point. 20 27. That on or about December 7, 1992, at the approximare 21 hour of 10:25 a.m., the plaintiffs' decedent, STEPHEN WILLS, was 22 operating a certain 1984 Nissan automobile in a norther-1%, 23 direction on Brea Canyon Cut-Off Road, at or near 24 intersection with Pathfinder Road, in the City and County of 25 Angeles, State of California. 26 28. That at said time and place, defendant FERNANDO c'n- 27 was operating a certain 1978 Chevrolet automobile in a souther_., 28 direction on Brea Canyon Cut-Off Road. Said vehicle was c�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 by defendant FERNANDO DIAZ and Defendants DOES 1 through lo, inclusive, and was being permissively operated by defendant FERNANDO DIAZ. 29. The underlying automobile accident of December 7, 1992 was proximately caused by defendants COUNTY OF LOS ANGELES, CITY OF DIAMOND BAR and DOES 51 through 100, inclusive, and each of them, respective negligent designing, engineering, constructing, inspecting, owning, operating, maintaining and controlling of said roadway so that such public roadway and adjacent private property did exist in a dangerous condition for plaintiffs' decedent herein, and others, on December 7, 1992. Furthermore, defendants did have actual and/or constructive notice that said public property did exist in a dangerous condition on and prior to December 7, 1992, and failed to provide warning of said dangerous condition to plaintiffs' decedent herein, and others. 30. On or about December 7, 1992, and prior thereto, the above described public property and,adjacent private property did exist in a dangerous condition that created a substantial risk of the type of incident and injury hereinabove alleged when said property was used with due care in a manner that was reasonably foreseeable and as it was intended to be used, in that said property contained inadequate and defective traffic control devices, lane traffic markings, center lane dividers; and the absence of center lane dividers, road advisory and/or warning signs, traffic advisory and/or warning signs, traffic regulatory signs, traffic control devices and inadequate lane dividers; and that said property was negligently, inadequately and improperly designed, engineered, graded, maintained, inspected, repaired or 0 1 provided with traffic or .warning signals, sign, markings, 2 dividers and such in that the property existed in a dangerous 3 condition in that due to improper drainage, run-off water was 4 caused to run form the adjacent property across the roadway 5 surface and traffic was caused, permitted and allowed to cross 6 the center lane divider resulting in a head-on collision causing 7 injuries and damages as are more fully set forth herein. 8 31. That as a sole, direct and proximate result of the 9 accident hereinabove described, plaintiffs' decedent, STEPHEN 10 WILLS was fatally injured and subsequently died as a result of 11 injuries then and there sustained, all to plaintiffs' general 12 damages in an amount in excess of the minimum jurisdictional 13 limits of this court. 14 32. That as a further, sole, direct and proximate result of 15 the accident herein, plaintiffs were required to and did obtain 16 hospital and medical care and attention for their decedent prior i 17 to his death in an amount not now known to them. When plaintiffs 18 ascertain the total amount incurred for the said hospital and 19 medical care and attention required by their decedent they will 20 ask leave of court for permission to amend this complaint by 21 setting forth such total amount. 22 33. That as a further, sole, direct and proximate result of 23 the accident herein, plaintiffs were required to and did incur 24 funeral, mortuary and burial expenses for their decedent herein 25 in an amount not now known to them. When plaintiffs ascertain 26 the total amount incurred for the said funeral, mortuary and 27 burial expenses required by their decedent they will ask leave, 28 of court for permission to amend this Complaint by setting forth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 such total amount. 34. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs were caused to, and did suffer a loss of the earnings and certain income of their decedent, in an amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings and of earning capacity, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 35. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs' decedent's automobile was damaged in an as yet unknown total amount. When plaintiffs ascertain the true amount and extent of said property damage, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 36. Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code, Section 3288 from the date of the accident up to and including the date of judgment, according to proof. THIRD CAUSE OF ACTION [Negligence as against defendants COUNTY OF LOS ANGELES; CITY OF DIAMOND BAR; THE WILLIAM LYON COMPANY, a California Corporation; WOODGLENN II HOMEOWNERS ASSOCIATION, a California Corporation; MARQUIS MANAGEMENT GROUP, INC., a California Corporation and DOES 11 through 50, Inclusive, and each of them] 37. Plaintiffs repeat and reallege Paragraphs 1 through 15, 28 11 inclusive, of their General Allegations, and each of them, as I thouqh fully set forth at this point. 2 38. That on or about December 7 1992, at the approximate 3 hour of 10:25 a.m., the plaintiffs' decedent, STEPHEN WILLS, was 4 operating a certain 1984 Nissan automobile in a northerly 5 direction on Brea Canyon Cut -Off Road, at or near its 6 intersection with Pathfinder Road, in the City and County of Los 7 Angeles, State of California. 8 39• That at said time and place, defendant FERNANDO DIAZ 9 was operating a certain 1978 Chevrolet automobile in a southerly direction on Brea Canyon Cut -Off Road. Said vehicle was owned H by defendant FERNANDO DIAZ and Defendants DOES 1 through 10, 12 inclusive, and was being permissively operated by defendant 13 FERNANDO DIAZ. 14 40. That defendants THE WILLIAM LYON COMPANY, a California 15 Corporation [hereinafter "LYON"] and DOES 11 through 50, 16 inclusive, and each of them, owned and developed the housing sub - 17 division located to the east of the ACCIDENT SCENE prior to the 18 date of the subject accident. 19 41. That defendants WOODGLENN II HOMEOWNERS ASSOCIATION, a 20 California Corporation [hereinafter "WOODGLENN II"] and DOES 11 21 through 50, inclusive, and each of them, owned and controlled the 22 common areas of the housing sub -division located to the east of 23 the ACCIDENT SCENE on and prior to the date of the subject 24 accident. 25 42. That defendants MARQUIS MANAGEMENT GROUP, INC., a 26 California Corporation [hereinafter "MARQUIS"] and DOES 11 27 through 50, inclusive, and each of them, managed and controlled` 28 the common areas of the housing sub -division located to the east 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the ACCIDENT SCENE on and prior to the date of the subject accident. 43. The underlying automobile accident of December 7, 1992 was proximately caused by defendants COUNTY OF LOS ANGELES, CITY i OF DIAMOND BAR, LYON, WOODGLENN II, MARQUIS and DOES it through 50, inclusive, and each of them, respective negligent designing, engineering, constructing, inspecting, owning, operating, maintaining, and controlling of the common areas of the housing j sub -division located to the east of the ACCIDENT SCENE so that such common areas of the housing sub -division, including but not limited to its drainage swells, gutters, channels and all other drainage devices thereon did exist in a dangerous condition for plaintiffs' decedent herein, and others, on December 7, 1992. Furthermore, said defendants, and each of them, did have actual i and/or constructive notice that said property did exist in a dangerous condition on and prior to December 7, 1992, and failed to provide warning of said dangerous condition to plaintiffs' decedent herein, and others. 44. That on or about December 7, 1992, and prior thereto, the above-described common areas of the housing sub -division including but not limited to its drainage swells, gutters, channels and all other drainage devices thereon did exist in a dangerous condition that created the risk of the type of accident and injury hereinabove alleged when the adjacent roadway was used with due care and as intended. The said common areas of �ne housing sub -division contained inadequate and defective dralr�-.e swells, gutters, channels and all other drainage devices caused water to be collected on said property and caused I run off and onto the adjacent roadway which was the ACCIDENT 2 SCENE and that said common areas of the housing sub -division were 3 negligently, inadequately and improperly designed, engineered, 4 graded, maintained, inspected or repaired in that the property 5 existed in a dangerous condition such that water was caused to 6 run off, onto and across the roadway surface of the adjacent 7 roadway which was the ACCIDENT SCENE causing a loss of control 8 of vehicles thereon resulting in a head-on collision causing 9 injuries and damages as are more fully set forth herein. 10 45. That as a sole, direct and proximate result of the 11 accident hereinabove described, plaintiffs' decedent, STEPHEN 12 WILLS was fatally injured and subsequently died- as a result of 13 injuries then and there sustained, all to plaintiffs' general 14 damages in an amount in excess of the minimum jurisdictional 15 limits of this court. 16 46. That as a further, sole, direct and proximate result of 17 the accident herein, plaintiffs were required to and did obtain 18 hospital and medical care and attention for their decedent prior 19 to his death in an amount not now known to them. When plaintiffs 20 ascertain the total amount incurred for the said hospital and 21 medical care and attention required by their decedent they will 22 ask leave of court for permission to amend this complaint by 23 setting forth such total amount. 24 47. That as a further, sole, direct and proximate result of 25 the accident herein, plaintiffs were required to and id incur 26 funeral, mortuary and burial expenses for their decedent herein 27 in an amount not now known to them. When plaintiffs ascertain' 28 the total amount incurred for the said funeral, mortuary and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 burial expenses required by their decedent they will ask leave Of Court for permission to amend this Complaint by setting fort such total amount. h 48. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs were caused to, and did suffer a loss of the earnings and certain income of their decedent, in an amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings and of earning capacity, plaintiffs will as leave of court to amend this complaint by setting forth such total amount. 49. That as a further, sole, direct and proximate result of the accident hereinabove described, plaintiffs' decedent's automobile was damaged in an as yet unknown total amount. When Plaintiffs ascertain the true amount and extent of said property damage, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 50. Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code , Section 3288 from the date of the accident up to and including the date of judgment, according to proof. BEFORE, plaintiffs MORA WILLS and BRANDON WILLS, a Minor, By and Through his Guardian Ad Litem, MORA WILLS pray for judgment against defendants, and each of them, as follows: 1. For general damages in an amount in excess of this court's jurisdictional limits; 2•, For the reasonable value of medical and hospital care and attention required by plaintiffs' decedent; 3• For the reasonable value of funeral, mortuary and burial I expenses incurred for plaintiffs' decedent; 2 4. For the reasonable value of the loss of earnings and 3 loss of earning capacity of plaintiffs' decedent; 4 5. For the reasonable value of the property damage 5 sustained by plaintiffs' decedent's automobile; 6 6. For costs of suit incurred herein; 7 7. For prejudgment interest from the date of the accident, 8 up to and including the date of judgment, according to proof at 9 the time of trial; and 10 7. For such other and further relief as this court may deem 11 just and proper. 12 13 DATED: November 17, 1993 14 SIMKE,LM 15 ERFELD & ANTEAU, INC. By: � ST EN D. AR HER 16 AT ORNEYS FOR PLAINTIFFS Tuardian RA WILLS; and BRANDON WILLS, 17 Minor, By and Through his 18 Ad L#em, MORA WILLS 19 20 21 22 23 24 25 26 27 28 15 CAn VOORM8+. CQ InsuranVCA Claims;Administration 750 TimSuite 40Drange.Nail P Tanta Ana, CA 92799-5180 714) 730-7944 800) 57?-f,9u1 �Ak 714-740-71)N2 TO: City of Diamond Bar ATTENTION: Lynda Burgess, CXC/AAE City Clerk 94 MAR - t PM P 53 February 28, 1994 RE: Claim County- of L.A. (Xlq"l Rates/Judith Kartines) vs. Diamedt Ear Claimant County of L.A. �}Ramos/%TUdith Kartines ) D/Event 1-21-94 Rectd Y/Office 2-22-94 Our File S 72034 RQ We have reviewed the above captioned claim and rpt action indicated below: V. [_] [ ftEJLCTI01f: send a standard rejeatioa lottor I* -MM ' [ ] OIAIPs INSUFFTCTENCY • In accordance Pith the Work* a notice of insufficiency must be mailed to aft vla# *,. 19*. THIS MUST BE NAILED To THE CL&IMANT W12$q THE ORIGINAL CLAIK Ili YOUR OFFICE.DO supMr IM Government Code Sections 910 and/or 910.2 +end/or 910.4 [ ] AlsBtfDED/s PPI—MMK *_ ••R T+. _ Send a stn claimant, rejecting this additional/amended.: [ I IAA—R" claimant, adv to file a writ copies in yna OF RECEIPT See Gove [ ] APPS Present a [ l T� No ACTT our further advise. i,s Return the original claim *Wtl the claim is late and tMt ir. PPU04tion for Leave to Present a Late =18 MUST BE NAILED To THE CLAIM UK IN YOUR OFFICE. DO NOT SA Ora Slction q19 -A Tim Reject claimant's "Application fer.zaavw to G` See Government Code Section 911.8. Defer any written response to the claimant pendbW Please provide us with a copy of the notice sent, as requested you have any questions please contact the undersigned. aLeve. If Very truly yours, RMWARRENh COMPANY r LAR- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DE WITT W. CLINTON, County Counsel S. ROBERT AMBROSE, Assistant County Counsel PATRICK J. GARDINER, Principal Deputy County Counsel STATE BAR NO. 047860 500 West Temple Street 648 Kenneth Hahn Hall of Administration Los Angeles, California 90012-2713 (213) 974-1894 Attorneys for Defendant COUNTY OF LOS ANGELES BEFORE THE CLERK OF THE CITY OF DIAMOND BAR In the matter of the claim of: ) CASE NO. KC 015291 THE COUNTY OF LOS ANGELES ) CLAIM FOR INDEMNIFICATION AGAINST CITY OF DIAMOND BAR, ) The undersigned claimant hereby makes claim against the City of Diamond Bar in an amount presently undetermined for indemnification and in support of said claim represents as follows: The complaint for personal injuries entitled Miguel Ramos- Judith Martinez v. Countyof=geles et al, has been filed in Los Angeles Superior Court, East District (Pomona), Case No. KC 015291. The complaint, which was filed on December 1, 1993, was served on the claimant by January 21, 1994. The complaint alleges that plaintiffs suffered injuries as a result of an incident I nvolving an automobile collision in which plaintiffs Miguel Ramos and Judith Martinez were passengers in a vehicle driven on the Brea Canyon cut-off Road, approximately 1305 feet Wnos.1Nn 1 '• 2 3 1 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 2i 2E outh of its intersection with Pathfinder Road. The complaint alleges that the claimant, .ounty of Los Angeles, along with others, is liable for the i pj uries and damages to the Plaintiffs resulting from the incident. A copy of plaintiffs' complaint is attached to this Claim for Indemnification, marked as Exhibit "A" and incorporated herein for reference purposes only. It is the contention of the claimant, County of Los Angeles, as against the City of Diamond Bar, that claimant was not responsible in any planner for the injuries and damages to plaintiffs arising out of the incident. It is thereby requested that the City of Diamond Bar acknowledge its percentage of responsibility and further acknowledge that claimant is not responsible. Claimant further contends that if it were found liable to plaintiffs by way of the causes of action of the complaint, claimant's responsibility would be a concurrent cause of injuries and damages with those acts and omissions of respondent. Therefore, claimant is entitled to an apportionment of the respective percentages of responsibility on a theory of 11 comparative responsibility. Claimant further contends that it has the right to have the court make a I1declaration as to respondent's obligation to indemnify and hold harmless claimant for any IIjudgment, settlement or compromise in a proportionate amount equal to its respective percentage of fault. RHmos.IND 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 All communication or correspondence for claimant should be directed towards its attorney, Patrick J. Gardiner, at the above address. DATED: February -J/—, 1994 DE WITT W. CLINTON County Counsel Ramos . [ND `?//`� . By: PATRICK J. GARDINER Principal Deputy County Counsel Attorneys for Defendant COUNTY OF LOS ANGELES 1 R L 2 A 7 3 I 4 5 ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 2] 2; 2: 2 L i _ I 51 ivers J. Morrell III AW FIRM OF RIVERS J. MORRELL, III i Professional Corporation r, 700 Irvine Center Drive, Suite 990 wine, California FAX -(714) 453-8555, 714) 453-0808 ttorney's Bar No. 57849 - Lttorney for Plaintiffs MIGUEL RAMOS' JUDITH. PQlrni/'F SFT ON JUL 2 51994 11 SUPERIOR COURT OF THE EAST DIS GMS • LAS ( -A A i 8:30 AM I. FOR THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA n(1, MIGUEL RAMOS; JUDITH MARTINEZ, ) Plaintiffs, ) VS. ) COUNTY OF LOS ANGELES; CITY OF ) DIAMOND BAR; FERNANDO DIAZ; THE) a WILLIAM LYON COMPANY, ) California Corporation; WOODGLENN II HOMEOWNERS ) ASSOCIATION, a California ) Corporation; MARQUIS MANAGEMENT) GROUP, INC., a California ) Corporation; and DOES 1 through) 100, Inclusive, ) Defendants. ) CASE NO. KUI1;Jof, , :` COMPLAINT FOR PERSONAL INJURIES GENERAL ALLEGATIONS 1. That at all times herein mentioned, plaintiffs 5 f the 4 MIGUEL RAMOS and JUDITH MARTINEZ were and now are residents o 5 County of Los Angeles, State of California. 6 2 That at all times herein mentioned, defendant 7 FERNANDO DIAZ, was and now is a resident of the County of Los ,8 Angeles, State of California. 1 3. That defendant COUNTY OF LOS ANGELES is a public 2 entity, duly organized and existing under the laws of the State of 3 California as a municipal corporation, and on June 4, 1993 was 4 served with a government claim for damages on behalf of plaintiffs 5 pursuant to Government Code, Section 910, et seq.. The claim was 6 denied on or about August 1, 1993. A copy of the conformed claim 7 is attached hereto, marked as Exhibit "A", and incorporated herein 8 by reference- .-9 4. That defendant CITY OF DIAMOND BAR is a public 10 entity, duly organized and existing under the laws of the State of 11 California as a municipal corporation, and on June 4, 1993 was 12 served with a government claim for damages on behalf of plaintiffs 13 pursuant to Government Code, Section 910, et sect.. The claim was 14 denied on or about August 1, 1993. A copy of this conformed claim 15 is attached hereto, marked as Exhibit "B", and incorporated herein 16by reference. 17 5. That the true names or capacities, whether 18 individual, corporate, associate, or otherwise of defendants, DOES 19 i through 100, inclusive, and each of them, are unknown to 20 plaintiffs who, therefore, sue said defendants by such fictitious 21 names. Plaintiffs are informed and believe and thereon allege 22 that each of said .defendants designated herein as a DOE is 23 responsible, in some manner, for the events and happenings herein 24 referred to, and caused injuries and damages thereby to the 25 plaintiffs as herein alleged. 26 6. Plaintiffs are informed and believe, and thereon 27 allege, that each of the defendants herein is absolutely liable in 28 tort, and/or is liable because of the injuries and damages -2- 1 sustained by plaintiffs, and/or is liable due to a breach of 2 warranty, express or implied, and/or is liable for negligence, 3 and/or'for other reasons any or all of which proximately caused 4 the injuries and damages sustained by plaintiffs as herein alleged 5 either through the defendants' own conduct or through the conduct 6 of their agents, servants or employees, acting within the course 7 and scope of their agency, service or employment, or due to their 8 ownership, manufacture, sale, repairing, installing, entrusting or 9 supplying of the instrumentality involved, or in some other 10 manner. 11 7. That defendants THE WILLIAM LYON COMPANY, a 12 California Corporation; WOODGLENN II HOMEOWNERS ASSOCIATION, a 13 California Corporation; MARQUIS MANAGEMENT GROUP, INC., a 14 California Corporation, and DOES 40 through 80, inclusive, each 15 and all are, and at all times herein mentioned were, corporations 16 duly authorized under and by virtue of law, and were authorized to 17 do and were doing business in the State of California. 18 8. That defendant DOE 81 now is, and at all times 19 herein mentioned was, a co -partnership consisting of DOES 82 20 through 89, inclusive. 21 9. That defendant DOE 90 now is, and at all times 22 herein mentioned was, a co -partnership consisting of DOES 91 23 through 100, inclusive. 24 10. That at all times herein mentioned the defendants, 25 and each of them, were the agents, servants, and employees of 26 each, every and all of the other defendants and were acting within 27 the course and scope of their agency, service and employment. 28 11. That at all times herein mentioned, each defendant -3- 1 that was operating a defendant vehicle did so with the permission 2 and consent, express and implied, of each, every and all of the 3 owners of that certain defendant vehicle. 4 12. Plaintiffs are informed and believe, and thereupon 5 allege, that Brea Canyon Cut -Off Road, approximately 1305 feet 6 south of its intersection with Pathfinder Road which is the scene 7 of the accident out of which this action arises [hereinafter g referred to as "ACCIDENT SCENE"], is located within the geographic 9 boundaries of defendants, COUNTY OF LOS ANGELES and CITY OF 10 DIAMOND BAR. 11 13. Plaintiffs are informed and believe, and thereupon 12 allege, that defendants COUNTY OF LOS ANGELES and CITY OF DIAMOND 13 BAR, are responsible for the design, maintenance, traffic control 14 and safety of the ACCIDENT SCENE. 15 16 FIRST CAUSE OF ACTION 17 [Negligence as against defendants FERNANDO DIAZ and 18 DOES 1 through 10, inclusive, and each of them] 19 14. Plaintiffs repeat and reallege Paragraphs 1 through 20 13, inclusive, of their General Allegations, and each of them, as. 21 though fully set forth at this point. 22 15. That on December 7, 1992, at the approximate hour 23 of 10.25 a.m., the plaintiffs were passengers in a certain 1978 24 Chevrolet automobile operated by defendant FERNANDO DIAZ, 25 traveling in a southerly direction on Brea Canyon Cut -Off Road, at 26 or near its intersection with Pathfinder Road, in the City of 27 Diamond Bar, County of Los Angeles, State of California. 28 16. That at said time and place, defendant FERNANDO -4- n 1 DIAZ was operating a certain 1978 Chevrolet automobile in a 2 southerly direction on Brea Canyon Cut -Off Road. Said vehicle was 3 owned by defendant FERNANDO DIAZ and Defendants DOES 1 through 10, 4 inclusive, and was then and there being permissively operated by 5 defendant FERNANDO DIAZ. 6 17. That at said time and place, and prior thereto, the 7 defendants, and each of them, so recklessly, negligently, 8 carelessly and unlawfully owned, controlled, maintained, serviced, 9 used, permitted the use of, entrusted, operated and drove their 10 certain vehicle, that as a sole, direct and proximate result 11 thereof, the said defendant vehicle was caused to, and did then 12 and there, strike and collide with a certain 1984 Nissan 13 automobile, traveling in a northerly direction on Brea Canyon Cut - 14 Off Road, causing injuries and damages to the plaintiffs, as are 15 more fully set forth herein below. 16 18. That as a sole, direct and proximate result of the 17 accident herein above described, plaintiffs MIGUEL RAMOS and 18 JUDITH MARTINEZ sustained injuries. 19 19. That as a further, sole, direct and proximate 20 result of the accident herein, plaintiffs were required to and did 21 obtain hospital and medical care and attention for their injuries 22 in an amount not now known to them. When plaintiffs ascertain the 23 total amount incurred for the said hospital and medical care and 24 attention required they will ask leave of court for permission to 25 amend this complaint by setting forth such total amount. 26 20. That as a further, sole, direct and proximate 27 result of the accident herein above described, plaintiffs were 28 caused to, and did suffer a loss of earnings and certain income in -S- it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 21 2F in amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 21. Plaintiffs allege that they are entitled to prejudgment interest pursuant to California Civil Code, Section 3288 from the date of the accident up to and including the date of the judgment, according to proof. SECOND CAUSE OF ACTION Negligence, dangerous condition, and other liability as against defendants, COUNTY OF LOS ANGELES, CITY OF DIAMOND BAR, and DOES 1 through 100, Inclusive and each of them.] 22. Plaintiffs repeat and reallege Paragraphs 1 through 13, inclusive, of their General. Allegations, and each of them, as though fully set forth at this point. 23. That on December 7, 1992, at the approximate hour of 10:25 a.m., the plaintiffs were passengers in a certain 1978 Chevrolet automobile operated by defendant FERNANDO DIAZ, traveling in a southerly direction on Brea Canyon Cut -Off Road, at or near its intersection with Pathfinder Road, in the City of Diamond Bar, County of Los Angeles, State of California. 24. That at said time and place, defendant FERNANDO DIAZ was operating a certain 1978 Chevrolet automobile in a southerly direction on Brea Canyon Cut -Off Road. Said vehicle was owned by defendant FERNANDO DIAZ and Defendants DOES 1 through 10, inclusive, and was then and there being permissively operated b}, -6- I defendant FERNANDO DIAZ. 2 25. The underlying automobile accident of December 7, 3 1992 was proximately caused by defendants COUNTY OF LOS ANGELES, 4 CITY OF DIAMOND BAR, and DOES 51 through 100, inclusive, and each 5 of them, due to their respective negligent designing, engineering, 6 constructing, inspecting, owning, operating, maintaining and 7 controlling of said roadway so that such public roadway and 8 adjacent private property did exist in a dangerous condition for 9 plaintiffs herein, and others, on December 7, 1992. Furthermore, 10 defendants did have actual and/or constructive notice that said 11 public property did exist in a dangerous condition on and prior to 12 December 7, 1992, and failed to provide warning of said dangerous 13 condition to plaintiffs herein, and others. 14 26. On or about December 7, 1992, and prior thereto, 15 the above described public property and adjacent private property 16 did exist in a dangerous condition that created a substantial risk 17 of the type of incident and injury hereinabove alleged when said 18 property was used with due care in a manner that was reasonably 19 foreseeable and as it was intended to be used, in that said 20 property contained inadequate and defective traffic control 21 devices, lane traffic markings, center lane dividers; and the 22 absence of center lane dividers, road advisory and/or warning 23 signs, traffic advisory and/or warning signs, traffic regulatory 24 signs, traffic control devices and inadequate lane dividers; and 25 that said property was negligently, inadequately and improperly 26 designed, engineered, graded, maintained, inspected, repaired or 27 provided with traffic or warning signals, sign, markings, dividers 28 and such in that the property existed in a dangerous condition in -7- 1 2 3 4 5 6 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that due to improper drainage, run-off water was caused to run from the adjacent property across the roadway surface and traffic was caused, permitted and allowed to cross the center lane divider resulting in a head-on collision causing injuries and damages as are more fully set forth herein. 27. That as a sole, direct and proximate result of the accident herein above described, plaintiffs MIGUEL RAMOS and JUDITH MARTINEZ were seriously injured, all to plaintiffs' general damages in an amount in excess of the minimum jurisdictional limits of this court. 28. That as a further, sole, direct and proximate result of the accident herein, plaintiffs were required to and did obtain hospital and medical care and attention for their injuries in an amount not now known to them. When plaintiffs ascertain the total amount incurred for the said hospital and medical care and attention, they will ask leave of court for permission to amend this complaint by setting forth such total amount. 29. That as a further, sole, direct and proximate result of the accident herein above described, plaintiffs were caused to, and did suffer a loss of the earnings and income in an amount not now known to them. When plaintiffs ascertain the true amount of the said loss of earnings, plaintiffs will ask leave of court to amend this complaint by setting forth such total amount. 30. Plaintiffs alle-ap that tho17 pro ,-- prejudgment interest pursuant to California Civil Code, Section 3288 from the date of the accident up to and including the date of judgment, according to proof. -8- THIRD CAUSE OF ACTION 1 2 Negligence, and other liability as against defendants 3 COUNTY OF LOS ANGELES; CITY OF DIAMOND BAR; THE WILLIAM 4 LYON COMPANY, a California Corporation; WOODGLENN II 5 HOMEOWNERS ASSOCIATION, a California Corporation; 6 MARQUIS MANAGEMENT GROUP, INC., a California 7 Corporation, and DOES 11 through 50, Inclusive, and each 8 of them] 9 31. Plaintiffs repeat and reallege Paragraphs 1 through 10 13, inclusive, of their General Allegations, and each of them, as 11 though fully set forth at this point - 12 32. That on December 7, 1992, at the approximate hour of 10.25 a.m., the plaintiffs were passengers in a certain 1978 13 - 14 Chevrolet automobile operated by defendant FERNANDO DIAZ, a southerly direction on Brea Canyon Cut -Off Road, at 15 traveling in in the City of 16 or near its intersection with Pathfinder Road, I Diamond Bar, County of Los Angeles, State of California. �I 17 ' 33. That at said time and place, defendant FERNANDO I 18 I a certain 1978 Chevrolet automobile in a 19 DIAZ was operating 20 southerly direction on Brea Canyon Cut -Off Road. Said vehicle was 21 owned by defendant FERNANDO DIAZ and Defendants DOES 1 through 10, I 22 inclusive, and was then and there being pemisively operated by s r 11 23 defendant FERNANDO DIAZ. 24 34. That defendants THE WILLIAM LYON COMPANY, a 25 California Corporation [hereinafter "LYON"] and DOES 11 through 26 50, inclusive, and each of them, owned and developed the housing 27 subdivision located to the east of the ACCIDENT SCENE prior to the 28� date of the subject accident. -9- 1 35. That defendants WOODGLENN II HOMEOWNERS 2 ASSOCIATION, a California Corporation [hereinafter "WOODGLENN II"] 3 and DOES 11 through 50, inclusive, and each of them, owned and 4 controlled the common areas of the housing subdivision located to 5 the east of the ACCIDENT SCENE on and prior to the date of the 6 subject accident. 7 36. That defendants MARQUIS MANAGEMENT GROUP, INC., a 8 California Corporation, [hereinafter "MARQUIS"] and DOES 11 9 through 50, inclusive, and each of them, managed and controlled 10 the common areas of the housing subdivision located to the east of 11 the ACCIDENT SCENE on and prior to the date of the subject 12 accident. 13 37. The underlying automobile accident of December 7, 14 1992 was proximately caused by defendants COUNTY OF LOS ANGELES, 15 CITY OF DIAMOND BAR, LYON, WOODGLENN II, MARQUIS, and DOES 11 16 through 50, inclusive, and each of them, in their respective 17 negligent designing, engineering, constructing, inspecting, 18 owning, operating, maintaining, and controlling of the common 19 areas of the housing subdivision located to the east of the 20 ACCIDENT SCENE so that such common areas of the housing 21 subdivision, including but not limited to its drainage swells, 22 gutters, channels and all other drainage devices thereon did exist 23 in a dangerous condition for plaintiffs herein, and others, on 24 December 7, 1992. Furthermore, said defendants, and each of them, 25 did have actual and/or constructive notice that said property did 26 exist in a dangerous condition on and prior to December 7, 1992, 27 and failed to provide warring of said dangerous condition to 28 plaintiffs herein, and others. -10- 1 2 t 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 2' 2; 2, 2 2 38. That on or about December 7, 1992, and prior hereto, the above-described common areas of the housing .ubdivision, including but not limited to its drainage swells, (utters, channels, and all other drainage devices thereon did :xist in a dangerous condition that created the risk of the type above alleged when the adjacent :)f accident and injury herein roadway was used with due care and as intended. The said common areas of the housing subdivision contained inadequate and defective drainage swells, gutters, channels, and all other drainage devices which caused water to be collected on said property and caused it to run off and onto the adjacent roadway ACCIDENT SCENE and that said common areas of the which was the housing subdivision were negligently, inadequately and improperly ed or repaired in designed, engineered, graded, maintained, inspect that the property existed in a dangerous condition such that water was caused to run off, onto and across the roadway surface of the adjacent roadway which was the ACCIDENT SCENE causing a loss of control of vehicles thereon resulting in a head-on collision as are more fully set forth herein. causing injuries and damages 39. That as a sole, direct and proximate result of the accident herein above described, plaintiffs sustained serious injuries, all to plaintiffs' general damages in an amount in i excess of the minimum jurisdictional limits of this court. 40. That as a further, sole, direct and proximate 5 result of the accident herein, plaintiffs were required to and did 6 obtain hospital and medical care and attention for their injuries 7 inran amount not now known to them. When plaintiffs ascertain the 2 total amount incurred for the said hospital and medical care and -11- 1 attention, they will ask leave of court for permission to amend 2 this complaint by setting forth such total amount. 3 41. That as a further, sole, direct and proximate 4 result of the accident herein above described, plaintiffs were 5 caused to, and did suffer a loss of the earnings and income in an 6 amount not now known to -them. When plaintiffs ascertain the true 7 amount of the said loss of earnings, plaintiffs will ask leave of 8 court to amend this complaint by setting forth such total. amount. 9 42, plaintiffs allege that they are entitled to 10 prejudgment interest pursuant to California Civil Code, Section date of the accident up to and including the date of 11 3288 from the 12 judgment, according to proof. 13 WHEREFORE, plaintiffs MIGUEL RAMOS and JUDITH MARTINEZ 14 pray for judgment against defendants, and each of them, as 15 follows: For general damages in an amount in excess of this 16 1. 17 court's jurisdictional limits; 18 2. For the reasonable value of medical and hospital 19 care and attention required by plaintiffs; 20 3, For the reasonable value of the loss of earnings of 21 plaintiffs; 22 4. For costs of suit incurred herein; -44 23 1 5. For prejudgment interest from the date of the 24 accident, up to and including the date of judgment, according to 25 proof at the time of trial; and, 26 27 28 -12- 1 6 - For such other and further relief as this court ma 2 deem ust y J and proper. 3 DATE:.Novomber v1 , 1993 4 5 A E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- LAW FIRM OF RIVERS J. MO A Professional corporati LL III By: JRIVEJ- MORRELLys for Plaintiffs, RAMOS; JUDITH Z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E NATE OF CALIFORNIA, County of Los Angeles DOROTHY DUNSON states: I am and at all times herein mentioned have been a citizen of the United States and a resident Df the County of Los Angeles, over the age of eighteen years and not a party interested in the within action that my business address is 500 West Temple Street, Los Angeles, California 90012. That on February /Jr , 1994 I served the attached CLAIM FOR INDEMNIFICATION upon interested party, by depositing a copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid in a United States mail box in the Los Angeles, California, addressed as follows: DIAMOND BAR CLERK OFFICE 21660 E. Copley Drive Suite 100 Diamond Bar, California 91765 and that the person on whom said service was made has his office at a place where there is a delivery service by United States mail, and that there is a regular communication by mail between the place so addressed. I declare under penalty of perjury that the foregoing is true and correct. I d*clare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Los Angeles, California Dated: FEBRUARY (' 1994 Ramos.IND DOROTHY D SON CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO_: TO: Terrence L. Belanger, City ManagerREPORT DATE: March 1, 1994 MEETING DATE: March 15, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Water Improvements Surety Bond Posted for Tract 36741 (Montefino Condominium Complex). SUMMARY: The City of Diamond Bar desires to release the surety bond posted for the f ireinstallation of water mainslocated i n the hM nt f no Condominium complexydrants on Bodega Way andlinbard the Lane (private streets) amount of $94,000 for faithful performance and $47,000 for labor an material. RECOMMENDATION: Council ork it is recommended that the City ted for theoinstave llat installation f water the lmainswand and release the surety P (private streets) in the fire hydrants on Bodega Way and Colombard Lane (p Montefino Condominium Complex and instruct the City Clerk to notify Los Angeles County, Presley of Southern California and Safeco Insurance Company of America of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Resolution(s) Ordinance(s) — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Specification (on file in City Clerk's Office) X Other: W.V.W.D. Acceptance Letter and Copy of Bond 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? he following affected Report discussed with t "ITTT. WVn RV Yes _ Yes departml, is : Geor§e A. ' Int rim Ci N/A N/A X No N/A x No N/A ineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Water Improvements Surety Bond Posted for Tract 36741 (Montefino Condominium Complex) ISSUE STATEMENT: This report recommends the release of a Surety Bond posted for the installation of water mains and fire hydrants on Bodega Way and Colombard Lane (private streets) located in the Montefino Condominium Complex in the amount of $94,000 for faithful performance and $47,000 for labor and material. RECOMMENDATION: It is recommended that the City Council approve and accept the completed work and release the Surety Bond which was posted with Los Angeles County in February 1986 for the installation of water mains and fire hydrants on Bodega Way and Colombard Lane (private streets) located in the Montefino Condominium Complex in an amount of $94,000 for faithful performance and $47,000 for labor and materials, and is now in the posession of the City Clerk. Further, it is recommended that the City Council instruct the City Clerk to notify Los Angeles County, Presley of Southern California and Safeco Insurance Company of America of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1993-1994 budget. BACKGROUND: This Tract was constructed in 1987 and released by Los Angeles County in May, 1989. The Walnut Valley Water District has now accepted and placed into operation the water distribution system which serves this Tract. They installed it in substantial conformance to the plans reviewed and approved by the County of Los Angeles in 1986. Therefore, we now recommend that the surety which was posted with the County of Los Angeles be released. DISCUSSION: The following listed surety needs to be released: Tract: 36741 Developer: Presley of Southern California Bond Number: 5218967 Principal: Safeco Insurance Company of America Amount: $94.000 (Faithful Performance) $47,000 (Labor and Materials) PREPARED BY: Anne M. Garvey WALNUT VALLEY WATER DISTRICT BOARD OF DIRECTORS: 271 South Brea Canyon Road • P.O. BOX 508 PWillliaam G. Wentworth Walnut California 91789-3002 a (714) 595-1268 • (818) 964-6551 Election Division I FAX (714) 594-9532 John E. Fisher Vice President Election Division IV Richard C. Engdahl Vice President Election Division II V— K. eiGunn Assistant Treasurer January 29, 1992 Election Division V Edward N. Layton Director Election Division III Ms. Anne Garvey STAFF: City of Diamond Bar Edmund M. Biederman General Manager 21660 East Copley D r . #190 Secretary Diamond Bar, CA 91765 Norman R. Miyake Treasurer Re: Tracts 36741,-"41305, 42533,' 42534A, 42535, & LEGAL COUNSEL: 42536 N. JessSenecal Work Orders 81-1324, 82-1436 & 8'3-1459 Dear Ms. Garvey: The District has accepted and placed into operation the water distribution system which serves the above referenced projects. The water system was installed according to the plans. If you have any questions, or require additional information, please feel free to contact me. Very truly yours, WALNUT VALLEY WATER DISTRICT LSI BRYA LEWIS Projects Administrator BL/an cc: Jamie Jarvis, Presley of Southern California 5c__ 1r: Q:.Vet;: FX 2100 ; 2-25-94 ; 9:4CAM ; 33+ Anderson & Anderson;# 2 t M, F ` LOS ANGELES COUNTY DEPARTMENT OF COUNTY ENGINEER -FACILITIES EXECUTED IN TRIPLICATE FAITHFUL PERFORMANCE BOND 6OND NOt 5218967 KNOW ALL MEN BY THESE PRESENTS: PfitMIu 4699.00 That we, PRESLEY OF SOUTHERN CALIFORNI of 17991 Mitchell South Irvine California 92714 A &dress ' as Principal and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are firm ywwunQ unto the LO EL n e SUM of _ Ninety -Four Thousand and 00/100 --- -dollars ($ 94,000.00***w********)i for the payment of which sum, we hereby bind ours`el'ves, our -*Ira, executors, administrators, successors or assignees, jointly and severally. The condition of the foregoing obligation is suoh that where- as said Principal has entered into or is about to enter into the annexed contract(s) with the County of Los Angeles, pursuant to the authority a t Act of the Legislature of the State of Cal- ifornia, known as the "Subdivision Map Act" (Division 2, Title 7, 17 of the Government Code) and any amendments thereto, and purr suant to the authority of Title 21 of the Los Angeles County Code, and any amendments thereto, which said contract(s), dated ma e a par ereO ' 19r are hereby referred to and or a fo ow ng work: Installation of the water mains and fire hydrant. all for Tract No./Bpm(8(3LXW No. 36741 in accorthe attached eontraot(s) and is requ re3 by said County with give this bond in connection with the execution of said contract(s). If the annexed contract., listed above include an agreement for monumentation, then a further condition of the foregoing obligation is for the payment of the amount of the Bond to the County for the benefit of the authorized surveyor 'or engineer who has performed the work and has not been paid by the contractor as Provided for in Division 2, Title 7, of the Government Code. Now therefore, if the *aid Principal shall all of the covenants ano Md obligation., completely perform f said contract(s) and any alteration thereof made as therein provided, on his part to be performed at the times and in the manner specified therein, and in all respects according to its true intent and meaning, and shall indemnity and save harmless the County of Los Angeles, its officers, agents, and employees, as therein stipulated, then this Obligation shall be null and void; otherwise it shall be and re- main in full force and effect. The Surety hereby expressly Con- sents to, and waives any prior notice of, the granting, from time to! time by the County, to the Principal, of any extensions of time to perform and complete the work under the annexed con- trOct(s), and to any changes or alterations to the terms of the car� traet(s) or to the work or th} County .pursuant to to the specifications, ordered by the provisions of said oontract(s). The Sure oty further expressly agrees that any such extensions of time r!any such changes or alterations shall not in any way affect its obligation on this bond. The provisions of Section 2845 0,, the Civil- Code are not a condition precedent to the Surety,s COFP (2-63) i • - 1 - SENT BY: CIiyotti FX 2100 ; 2-25-94 ; 9:41AM ; aOND NO: 5218967 -PP ..' h .c" — " r ._ a — obligation hereunder and are waived by the Surety. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Furthermore, the Surety expressly agrees as follows: (1) If the Principal fails to complete any work hereinabove listed within the time specified in the annexed contract(s), the County may, upon written notice to the Principal, served in the time and manner provided in the applicable Code, determine teat said work or any part thereof is uncompleted, and may cause to be forfeited to the County such portion of this obligation as may be necessary to complete such work. (2) If the Principal shall fail to complete more than one of the requirements her listed within the specified time, the County shall not be required to declare a forfeiture of this obligation or to prosecute an action under this bond as to all such uncompleted requirements and may subsequently, from time to time, declare additional forfeitures or prosecute additional ac- tions under this bond as to any one or more of the remaining un- completed requirements, even though the County knows or has rea- son to know, at the time of the initial forfeiture, that the re- quirements to which the subsequent forfeitures or prosecutions of action pertain were not, as of the time of the initial forfei- ture, completed within the time specified for completion. (3) The County may expressly exonerate the Surety with respect to any one or more of the annexed contract(s) without waiving any of its rights against the Principal or the Surety uhder any other such contract(s). In witness thereof, the Principal and Surety caused this bond SAFECO INSO"NC6 COMPANY OF &MRRICA the Corporation that executed the within instrument, and known OF •1 IAL Sat to me to be the person who executed the said instrument on JUDITH K. CUNNINGHAM behalf of the Corporation therein named, and acknowledged to NUTARY PUBLIC -GiufORMA PRINCIPAL OFFICE IN me that PAch Corporation executed the same. ORANGE COUNTY M: COMMISSIOM txMRES SER 30. 111111111 ' to be executed on tha 27th day of February 19 86 . PRESLEY OF SOUTHERN CALIFORNIA Principal n JJQQZ�Q Vice President I r ( ) STATE OF CALIFORNIA Ma couNTYOF Orange y FB COMPANY OF AMERICI F On March 3, 1986 „before me. yrsundarsioned. a Notary Public In and for wt Street WdSlate, penonallyappeared Alan D. titewn and ly_, CA 92708 Linda L. Foster personally known to me fa proved to me on the basis of satisfactory evidence) to be the parsons who executed the within Instrument n _. View Praldentand_ — Swetary,onbehsy-Te at --C — _in -Fact South!rn California the eorpotadan therein named, and acknowledged to me tnat� LINDA M- EE such owpprattonerseutedthe wlMlnlnstrument pursuant losis by-kwa *o ,a resolution of Its board of directors, am WITAESSanyhand andofficial sal. MJhI�111aPt t. 111: QQ /Q k 8pnatul�lfS.GLLt'� (t'kuarea far oylolafnotarial scab me, the undenigned, as. Js ,.uuuy euu.r...,. MMU ww...y e+.w a.e.�, peraonilly appeared Cauxty of Orange Mary A. Jenny r personally imowa to me to be the Attomey-In-Fact of SAFECO INSO"NC6 COMPANY OF &MRRICA the Corporation that executed the within instrument, and known OF •1 IAL Sat to me to be the person who executed the said instrument on JUDITH K. CUNNINGHAM behalf of the Corporation therein named, and acknowledged to NUTARY PUBLIC -GiufORMA PRINCIPAL OFFICE IN me that PAch Corporation executed the same. ORANGE COUNTY M: COMMISSIOM txMRES SER 30. 111111111 ' r SENT BY: Olivetti FX 2100 2-25-94 ; 9:42AM ; 33-4 Anderson & Anderson;d 4 " I HEREBY CERTIFY; t. That has been eerti e y e a e nsurance omm as over as an admitted surety insurer and that such authority j is in full force and effect. y 2. That the person executing the within bond on behalf of the surety is authorized to do so under a power of attorney on file with this office. 3• That there is on file in this office the financial Statement of the surety for the period ending not eas hen ten tshowing ofathislbond,„urplvs Dated COUNTY CLERK By eputy .. V B :::, FX 2 1 00 2-25-94 , 9:42AM . 33- a, . LOS ANGELES COUNTY DEPEXECUTED IN TRIPLICATE OF COUNTY ENGINEER-FACILIT.c. LABOR AND MATERIAL BOND sox KNOW ALL MEN BY THESE PRESENTS: -no Prera'4 Ilona — tAr Y..1_,.....,, That we, PRESLEY OF SOUTHERN CALIFORNIA Same of 17991 Mitchell So uth• Irvine California 2 14 A rens 83 Principal and 6AFEC0 IN aIS Surety, are firmly boun unto the CCUY IF OcnL6 A _ L of ; Thousand and nn/100 g ****), for the payment of which sum, we hereby b Salves, es, our ars, executors, administrators, Iles, jointly and aeverally. successors, or ;The condition of the foregoing is such that whereas said Pr: Nasi entered into or is about wit to enter into the annexed caner.; the County of Los Angeles, pursuant to the authority of an the' Legislature of the State of California, known as the "Subd!,::;. MapAet" (Division 2, Title 7, Government Code) and any amer.c*e:. thereto, which said contract(s) dated February 24 are!hereby referred to and made a part areof far t e o- owing -.-M Installation of 'water mains and fire hydrants. I allj for Tract No./XXXlE]uXXM No. said Code, the Principal mustive and whereas, pursuant to before entering upon theperformance a on for labor and materials Of the worktote to :which reference is made nTitle 15 (commencing withure Sectionc3082) of ;Part 4 of Division 3 Of the Civil Code of the State of California, as is condition to the execution of said contraet(s) by the County. Now therefore, if said Principal fails to pay the contractor or sub;contraetor, or fails to pay persona renting equipment or furnishing labor or materials to the contractor or subcontractors for the perfor- m&jce of said contract(&), including any materiels, provisions, or other supplies or teams, poweequipment, implements, trucks, machinery, or r used in, upon, for, or about the performance of the work con- tracted to be done, including any changes or alterations ordered by the County pursuant to the provisions of said contract(s), or for any work or labor done thereon of any kind, cr for amounts due under the Ungmployment Insurance Act with respect to such work or labor, said Surety will pay the same in An amount not exceeding the sum set forth above, and also, in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fee 3, including a reasonable attorneyts fee in by the County in CO !L&M (2-83) - t - i FX 2100 2-25-94 ; 9:43AM 33- Anderson & Anderson;# 5 obligation, to be fixed by the court, and to be included in the judgment therein This bond shall inure to the benefit of any and all persons, Com- panies, and corporations entitled to file claims under Title 15 (com- mencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of t obligation shall become null main in full force and effect. performed, then this it shall be and re - The Surety hereby expressly consents to, and waives any prior notice of, the granting, from time to time by the County, to the Prin- cipal, of any extensions of time to perform and complete the work under the annexed eontract(s), and to any changes or alterations to the terms of the contract(a) or to the work or to the specifiontions ordead by the County pursuant to the provisions of said contract(s). The �urety further expressly agrees that any extensions of time or any such changes or alterations shall not in any way affect its obligation on this bond. The provisions of Section 2845 of the Civil Code are not a condition precedent to the Suretyla obligation hereunder and are waived by the Surety. rn witness be ekscuted on the Principal and Surety caused this bond to ly Of February , 19 f86 PRESLEY OF SOUTHERN CALIFORNIA rincipaI by�`y,�(►�;��. vice President State of Ulforefa on February 27, 1986 before me, the undersigned, sr. .a Notary Public of said county and state, personally appeared County of orowe Mary A. jenny penonAy known to me to be the Attorney in -Fact of SAFSCO INSURANCE COMPANY OF AMERICA � the Corporation that executed the within instrument, and known FFICIAL AI, tome to be the person who executed the acid instrument on IUDtTH K. CUNNINGHAM behalf of the Corporation therein named, and acknowledged to 04"S" NUTAAY PUPUC-CALIFUaIPp.mefrAL OFFICE IN +IAme slat such CO oration executed the tame. STATEOFCAUFOANIA COran • i.. OUNTY cl st OFAM_ ERICA ealdat✓1tbafal �' undordpnad, a N"ry Public In and for 4aarsorWlyappaa Alan D. Uman Linda L. Footer and besa of ant " Peraonslq known to Me (or DrOV0d to me on fro label sNdsnee 10 be the i parson* who ex2Oufed vine. the within fnatrumonl as Praaldelltan�_ Southern California _SftWan'on - behalf of— Xaa1eyf n n-Fae�^ Ma oorpbation therein normo, and 2ehnowf*agad Io me that 0/PCNLsfMI suchoorporatbnOXOGUIadthewlthlnInstrumentpursuanttoRs i. MA K LE b!"lswa or resolution O1 Ito board Of droctOta 1MTAEY� my hand and onloial •r FtaMWK O/AfY fa OaCOUNN a11M aeal. of fba.ai iat 6N :alt 1. lMt (/ 8lpaafu CJS / e f frhk6102for officialnetarW *gall State of Ulforefa on February 27, 1986 before me, the undersigned, sr. .a Notary Public of said county and state, personally appeared County of orowe Mary A. jenny penonAy known to me to be the Attorney in -Fact of SAFSCO INSURANCE COMPANY OF AMERICA � the Corporation that executed the within instrument, and known FFICIAL AI, tome to be the person who executed the acid instrument on IUDtTH K. CUNNINGHAM behalf of the Corporation therein named, and acknowledged to 04"S" NUTAAY PUPUC-CALIFUaIPp.mefrAL OFFICE IN +IAme slat such CO oration executed the tame. Vicky Campbell r Account Executive AUAnderson ara Anderson Insurance Brokers Inc. _-t-- O ry) rn Office (714) 476-4300 2495 Campus Drive Direct (714) 476-4348 Irvine, California 92715 FAX (714) 752-0608 -------5iBC--7 STF:rUS INQUIRY RETURN THIS FORM T0: TO: MS ANNE GARVEY SAFECO INSURANCE COMPANY CITY OF DIAMOND BAR c/o ANDERSON & ANDERSON INS BROKERS 21660 East Copley Dr., #190 2495 Campus Drive Diamond Bar, CA 91765 Irvine, CA 92715 iii �u �• ;'I P•: PRESLEY OF SOUTHERN CALIFORNIA BOND gofBER: 5218967 TRACT NUMBER: 36741 i -kC r NAME: IMPROVEMENTS: WATER IMPROVEMENTS (SUBDIVISION) BOND AMOUNT: $94,000 PERFORMANCE $47,000 LABOR & MATERIAL PLEASE ANSWER QU'::STIOP:S i?L':,tlb'i Ati� RETURN THI FORM: s work be.`z fui crm:;.z� d �1 r' YES i. c5 this, 19 CITY riCJL mEE 2. If accepted, an what date?-3_LrSLL(-- ' YES NO 3. If not ac epted, is cic,rk progre=:sing s 0t_stacterily: —_—_ 4. Percentage completed P,EYV- KS :---- (Obligee) -9 B vr) : is r v ___ f'15�3 t cam-- Title Date: 3 2 — g� :fi ted AJ& �,i�unwyso'3 cr3r,��o�a ('ITV Or DIAMOND BAR AGENDA xbrVRT AGENDANO.: (, _ to TO: Terrence L. Belanger, City Manager MEETING DATE: March 15, 1994 REPORT DATE: March 9, 1994 FROM: George A. Wentz, Interim City Engineer TITLE: Notice of Completion for the Installation of a Metal Beam Guard Railing along the North Side of Grand Avenue at Rolling Knoll Road. SUMMARY: The City Council, on April 20, 1993, awarded a contract to C. W. Fence Co., Inc. for the installation of metal beam guard railing along the north side of Grand Avenue at Rolling Knoll Road for a total amount of $33,475.00. The installation has been inspected and is complete. RECOMMENDATION: It is recommended that the City Council accept the work performed by C & W Fence Co., Inc. and authorize the City Clerk to file the proper Notice of Completion and release any retentions upon completion of the appropriate notice period. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s)Ord_ Bid Specifications (on file in City Clerk's Office) _ Agreement(s) nt (s) X Other: Notice of Completion _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes & No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Bel g Frank Af Ushe Georgk=z z CityManager Assistant City Manager Interi ineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Notice of Completion for the Installation of Metal Beam Guard Railing along the North Side of Grand Avenue at Rolling Knoll Road. ISSUE STATEMENT: File and Submit for recordation a Notice of Completion for the installation of Metal Beam Guard Railing along the North Side of Grand Avenue at Rolling Knoll Road. RECOMMENDATION: It is recommended that the City Council accept the work performed by C & W Fence Co., Inc. and authorize the City Clerk to file the proper Notice of Completion. FINANCIAL SUND4ARY: 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 April 20, 1993, awarded the contract for the installation of Metal Beam Guard Railing along the North Side of Grand Avenue at Rolling Knoll Road to C & W Fence Co., Inc., the lowest responsible bidder. The construction contract amount, including and allowable change orders items, was $39,665.60. At the City's request, the contract change order included twenty-six (26) concrete bollards for the sidewalk area along the northerly side of Grand Avenue between Cleghorn Drive and Rolling Knoll Road. C & W Fence Co., Inc. completed the installation of the guard rails and concrete bollards. On February 22, 1994, Staff has determined that the work is in acordance with the plans and specification prepared and approved by the City. Prepared By: David G. Liu RECORDING REQUESTED BY r AND WHEN RECORDED MAIL TO mw, fr F— Name City of Diamond Bar Street Ad:ress 21660 E. Copley Dr., Ste. 100 city a `State 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: . I. The undersigned is owner or corporate officer of the owner of the interest or estate stated be!ow 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" ind insert, for example, "purchaser under Contract of ocrchase," or "lessee . 1 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES M, 6. A work of improvement on the property hereinafter described was completed an December 31, 1993Ihe work done was: . , Installation of Metal Beam Guard Railing along the Northerly Side of Grand Avenue 1. The name of the -contractor, if any, for such work of improvement was C & W Fence Co. Jnc. Jine 23 1993 (II no contractor for work of improvement as a whore, insert "none".) (Date of Contract) 8. The property on which saKti k of improvement was completed is in the city of Diamond Bar t County of Los Angeles State of California, Ind is desc ibe as follows: Installtion of Metal Beam Guard Railing along the N rtherly Side oGrandy Avenue at Kolling Knoll 9. The street address of said property is Dated: Verification for.lndividual Onner (If no street address has been officially assigned, insert "none') Signature of owner cr c:rporate officer of owner named in parairnh 2 or his agent VERIFICATION I, the undersigned, say: I am the I ntprim ['ity Fn ineer the declarant of the foregoing ('President or% " Manager.ol "A partner of", "Owner of", etc.) notice of completion; I have read said notice of completion and knew 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 19 at California. (Gate of signature.) (City where signed.) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. __22- e l TO: Terrence L. Belanger, City Manager REPORT DATE: March 9, 1994 MEETING DATE: March 15,1994 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District Numbers 38, 39 and 41. pro ram for the maintenance of public improvements SUMMARY: The City of Diamond Bar has an annual p 8 n lands within the City's Landscaping and intends to continue the program by special assessments upon District Numbers 38, 39 and 41. Funds must be provided to enable these Districts to continue their Assessment Distn prods must for the maintenance of said improvements will be operation during the 1994-95 Fiscal Yom- and Lighting Act of 1 maintenance of Part 2 of Division 15 of the Streets pursuant to the provisions of the Landscape and Highway Code of the State of California. ATION: It is recommended that the City Council of th41Cotydof g preparattonar of the t the RECOMMEND ins for Districts 38, 39 and attached Resolutions to initiate the proceedings appropriate engineer reports. LIST OF ATTACHMENTS: X Staff Report X Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specifications (on file in City Clerk's Office) Others SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed No X Yes _ by the City Attorney. or 415 vote? Majority 2. Does the report require a majority No ty _yes X assessed? Yes Yes 3. Has environmental impact been X 4. Has the report been reviewed by a Commission? No Which Commission? X Yes _ 5. Are other departments affected by the report? departments: Report discussed with the following affected departtn Community Services REVIE Y: G AeA '-W Terrence L. Belang r Frank M. Us er • m City ineer City Manager Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT, Landscaping Assessment District Numbers 38, 39, and 41 ISSUE STATEMENT= n lands within The City desires to continue its annual program for the maintenance of Public improvements upon scaping Assessment Districts 38, 39, and 41. the City's Land RECOMMENDATION: adopt the attached Resolutions to initiate It is recommended that the City Council and 41 ordering the Preparathe City of Diamondtion of the appropriate engineer reports . the proceedings for Distracts 38, 3 FINANCIAL SUMMARY: The ' Reports is estimated to be less than $10,000• The cost associated with preparation of the Engineer's s will be no impact on the City's General Fund. Districts also pay for the cost of the proceedings. There BACKGROUND/DiSCUSSION: improvements, and ro ram for of landscaping as well as open space imp The City has an annual p the maintenance g s assessments upon lands within the City. Funds must be provided intends to continue said program by pec ration during the 1994-95 Fiscal Year. to enable District Numbers 38, 39 and 41 to continue their opursuant to the provi proceedings for the maintenance 2 sions of the Landscape Public improvements will be P hwa Code of the State of California. and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highway iig y Prepared By: David . Liu RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highway Code (§ S 22500, et seq.) (ii) California Streets and Highway Code $ 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessments in such a district. (iii) Improvements include landscaping and construction of the median islands on Golden Springs Drive from Gona Court to westerly City limits, and City wide graffiti removal; but no other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highway Code S § 22565, et seq., with respect to City of Diamond Bar Landscaping Assessment District No. 38 for Fiscal Year 1994-95. 3. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 1994. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1994, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: aTTF.CT City Clerk, City of Diamond Bar RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OZ AND TO IFILE AXOND BAR ORDERING THE CITY ENAINEBRETOFpPUBLIC INPROVMWNTS A REPORT CITY TO YAINTB AR LANDSCAPING ASSESSMENT IN THE CITY OF DIAMOND DISTRICT NO. 39 AND ANY ASSESSI[ENTS THEREON FOR FISCAL YEAR 1994-95 A. gig TALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 39 was created pursuant to Part 2 of Division 15 of Highway Code (S S 22500, et seq.) the California Streets and Hig Y (ii) California .Streets and Highway Code S 22622 provides enerally describing any that this Council shall adopt a resolution g in existing proposed new improvements or substantial changesEngineer to improvements in such a district and ordering the City are and file a report related to annual maintenance and Pre P assessments in such a district. based ro ram to (iii) New improvements proposed include a p pg retrofit parks in the district to meet current American Disability Act requirements, installing play structures at Summitridg e Park; but no other substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. iv All legal prerequisites to the adoption of this Resolution have occurred. B. REBS ON. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The City Engineer hereby is, ordered and directed to an annual report as specified in California Streets prepare respect to City of and Highway Code $ S 22565, et seq., with Diamond Bar Landscaping Assessment District No. 39 for Fiscal Year 1994-95. to the adoption of this 3. The City Clerk shall certify Resolution. 1994. ADOPTED AND APPROVED this — day of MAYOR Clerk of the City of Diamond Bar, do I, LYNDA BURGESS, City hereby cert ifthat the foregoing Resolution was introduced at a Y regular meeting of the City Council of the City of Diamond Bar held the following vote: on the — day of 1994, by ATTEST: Clerk, City of Diamond Bar City COUNCIL MEMBERS: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: ABSTAINED: COUNCIL MEMBERS: ATTEST: Clerk, City of Diamond Bar City RESOLUTION NO. 94- OND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE ANDTO FILE BAR ORDERING 'PEE CITY ENGINEERANC$ OFPREPPUBLIC IMPROVEMENTS A REPORT RELATED TO MAXNTEMBAR LANDSCAPING ASSESSMENT IN THE CITY OF DIAMOND DISTRICT NO. 41 AND ANY A88ESB1QENTS THEREON FOR FISCAL YEAR 1994-95 A. RECITALS. (i) Heretofore, City of Diamond Bar Landscaping Assessment District No. 41 was created pursuant to Part 2 of Division 15 of Highway Code (S S 22500, et-seq.) the California Streets and Hig 22622 provides (ii) California Streets and Highway Code S enerally describing any that this Council shall adopt a resolution g existing proposed new improvements or substantial changes in the City Engineer to improvements in such a district and ordering prepare and file a report related to annual maintenance and assessments in such a district. existing (iii) No improvements or substantial changes in id Landscaping Assessment District improvements are proposed for sa No. 41• of this (iv) All legal prerequisites to the adoption Resolution have occurred. B. RESOLUTION. of Diamond Bar NOW, THEREFORE, the City Council of the City does hereby find, determine and resolve as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. The City Engineer hereby is ordered and directed to 2. l report as specified in California Streets prepare an annua and Highway hway Code S S 22565, et seq., with respect to City of 41 for Fiscal Diamond Bar Landscaping Assessment District No. Year 1994-95. tion of this 3. The City Clerk shall certify to the adoption Resolution. ADOPTED AND APPROVED this — day of , 1994. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do certify that the foregoing Resolution was introduced at a hereby of Diamond Bar held regular meeting of the City Council of the City on the _ day of ' 1994, by the following vote: ATTEST: Clerk, City of Diamond Bar City COUNCIL MEMBERS: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Clerk, City of Diamond Bar City CITY OF DIAMOND BAR AGENDA REPORT g AGENDA REPORT TO: Terrence L. Belanger, City Manager REPORT DATE: March 9, 1994 MEETING DATE: March 15, 1994 FROM: David G. Liu, Senior Engineer Assessment District Numbers 38, TITLE: Assessment Engineering Services Contract For Landscaping 39 and 41 Program for the maintenance of public improvements SUMMARY: The City of Diamond Bar has a annual s gsments ram upon lands within the City's Landscaping and intends to continue said programs special assesprovided District Numbers 38, 39 and 41. Funds must be provided to enable these Districts the work their s Assessment Distn Furthermo , to operation and maintenance during the 199-9g g firm to provide the annual assessment engineering necessary to secure the Services of a qualified for such services. services. Staff has received and evaluated seven () proposals ional ngineering RECOMMEND ATION: It is recommended that the City Council award $28 200 for Fiscal Years 1994 services5 contract to GFB-Friedrich andlus a Associcontigates, ncY amount of $5,in an 000. Public 1995-96, and 1996-97, p Report _ Public Hearing Notification LIST OF ATTACHMENTS' X Staff Repo _ Resolution(s) _ Bid Specification (on file in City Clerk's Office Ordinance(s) _ Other: X Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? Majority 2 DOes the report require a majority or 4/5 vote? —Yes X No 3. Has environment impact been assessed? — Yes X No 4 • Has the report been reviewed by a Commission? 2L Yes —No 5. Are other departments affected by the report?ep ments: Report discussed with the followingaffected Community Services REVIEWED BY: Terren L. Belanger City Manager Frank M. U seer Senior Engineer Assistant City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: March 15, 1994 TO • Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Numbers 38, 39, and 41 ISSUE STATEMENT: The City desires to continue its annual program for the maintenance of public improvements upon lands within the City's Landscaping Assessment Districts 38, 39, and 41. To accomplish the work, it is necessary to secure the services of a qualified engineering firm to provide annual assessment engineering services. RECOMMENDATION: It is recommended that the City Council award a professional engineering services contract to GFB-Friedrich and Associates, Inc. in an amount not -to -exceed $28,200 for Fiscal Years 1994-95, 1995-1996, and 1996-97, plus a contingency amount of $5,000. FINANCIAL SUMMARY: The revenues generated by these Districts will pay for the cost. There will be no impact on the City's General Fund. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue the program by special assessments upon lands within the City. Funds must be provided to enable District Numbers 38, 39 and 41 to continue their operation and maintenance during the 1994-95 Fiscal Year. In conjunction with these districts, the City needs to secure a qualified engineering firm for the assessment 2 1994, staff initiated a verbal request for proposal to procure an engineering services. On February ro engineering firm for said services. In response to staff s request, a total of seven (7) proposals were received and evaluated. They are as follows: CITY OF DIAMOND BAR AGENDA REPORT PAGE 2 1. ASL Consulting Engineers 2. DGA Consultants, Inc. 3. Dwight French and Associates 4. GFB-Friedrich and Associates, Inc. 5. Hall and Foreman, Inc. 6. RKA Civil Engineers, Inc. 7. Willdan Associates Key tasks placed upon the assessment engineer include: • Strategy Meeting to discuss assessment methodology, capital improvement budgets, proposed operation and maintenance budgets, etc. • Prepare an assessment diagram for each assessment district. Pertinent assessor parcel information from the County Assessor will be collected to determine parcel changes and associated parcel factors. • Prepare engineers reports which will contain the lland aption of proposed improvements, cost estimate, method of assessment, assessment • Attend public meeting and public hearing, if necessary. • Place assessments on County Assessor's Roll and submit final rolls to the City . of the assessment engineer, ability to work with City staff, and Based upon the qualification experience involvement with related assessment districts, staff believes that GFB-Friedrich and Associates, Inc. represent the best choice. Prepared By: David G. Liu PROFESSIONAL SERVICES AGRZZXZNT DRAFT This Agreement is made and entered into this day of 1994, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and GFB- Friedrich and Associates, Inc. (hereinafter referred to as "CONSULTANT"). A. Recce s - (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional engineering services with respect to the Landscaping Assessment Districts 38, 39, and 41 for Fiscal Years 1994-95, 1995-96, and 1996-97 ("Project" hereafter). (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct of copy of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof. CITY desires to retain CONSULTANT to perform ( iii) professional engineering services necessary to render advice and assistance to CITY, CITY's City Council and staff in the preparation of Project. presents that it is qualified to (iv) CONSULTANT re perform such services and is willing to perform such professional engineering services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1 B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the project. (b) Services: Such professional engineering services as are necessary to be performed by CONSULTANT in order to complete the Project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings will be determined by the CITY. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY and in accordance to the standard of care normally provided by practitioners of the engineering profession. 2 (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" to CITY within the time specified by.the CITY. Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said document as are deemed necessary. CITY shall receive revised documents in b CITY. The such form and in the quantities determined necessary y Section B2. (b) may be time limits set forth pursuant to this extended upon written approval of CITY. (c) CONSULTANT shall, at CONSUI,TANT's sole cost and in the opinion expense, secure and hire such other persons as may, of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be red hereunder. CONSULTANT fully qualified to perform services requi further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY aa_ re s as follows: (a) To pay CONSULTANT a maximum sum of $28,200 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. payment to 3 CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days of receipt of CONSULTANT invoices. The CONSULTANT shall detail the charges by project task number, hours worked, and employee classifications, total not to exceed amount for the project if it is a time -and -material basis project, and percent completed if it is a lump sum basis project. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 90% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than sixty (60) days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. 4 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. CONSULTANT shall not be held liable for use of such documents by CITY for purposes other than intended by the Agreement. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: CITY: David G. Liu Department of Public Works City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 CONSULTANT: John A. Friedrich GFB-Friedrich Associates, Inc. 6809 Indiana Avenue, Suite 201 Riverside, CA 92506 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States 6 mail, postage prepaid and properly addressed as set forth above. g, Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subconsultant to commence work on a subcontract until all insurance required of the subconsultant has been obtained. CONSULTANT shall take out and maintain at all time during the term of this Agreement the following policies Of insurance: Before (a� Workers'_ Combensation Insurance: bfurnish to CITY a certificate of beginning work, CONSULTANT shall insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subconsultants in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of to ees. CONSULTANT prior to commencing compensation to his emp y work, shall sign and file with CITY a certification as follows:of ,,I an aware of the provisions of Section 3 700 Labor Code which require every employer to be insured against undertake self insurance liability for workers' compensation or to in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." 7 (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars ($1,000.000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and omissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000.00) per claim and in the aggregate for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing the Project hereunder on behalf of Lao 40WV (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insured CITY, its elected officials, officers, employees, agents and representatives. All 8 policies shall contain language, to the extent obtainable that: (1) the insurer, except the errors and omissions insurer, waives the right of subrogation against CITY and CITY 's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall,furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the negligent, intentional and/or willful acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damaaes: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents VC and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred dollars ($200.00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 10 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council fs decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT: GFB-FRIEDRICH AND ASSOCIATES, INC Name and Title Approved As To Form: CITY OF DIAMOND BAR City Attorney ATTEST: City Clerk 12 Mayor GFB-FRIEDRICH & ASSOC., INC. CONSULTANT TO PUBLIC AGENCIES Water Resources • Infrastructure Planning Public Finance Districts February 18, 1994 Mr. David Liu Senior Engineer City of Diamond Bar �- 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765-4177` Subject: Proposal to Provide Assessment Engineering Services for the FY 1994-95, FY 1995-96 and FY 1996-97 Updates of Landscaping Assessment District Nos. 38, 39 and 41 for the City of Diamond Bar. Dear Mr. Liu: GFB-Friedrich & Assoc., Inc. is pleased to submit this proposal to provide assessment engineering services to the City Of Diamond Bar (City) for three consecutive fiscal years beginning with the FY 1994-95 update of the subject assessment districts. After discussing the project with you, it is apparent that the primary emphasis is to be placed on upgrading the quality of the previous reports without changing the method of spread or otherwise causing problems at the City Council level. Of further importance is the ability of the assessment engineer to lend technical support, and be an effective speaker, at public meetings. The maintenance to be financed includes landscape maintenance in public rights -of -ways and parks, including irrigation, mowing, trimming, disease control, etc. and maintaining appurtenant structures. Also included will be salaries for maintenance employees and/or contractors and the cost of required tools, equipment and supplies. The current estimate of City expenses to be assessed in Landscaping Assessment District No. 38 is approximately $256,500, with approximately 17,100 parcels subject to the proposed assessment. We believe GFB-Friedrich to be the firm of choice for this assessment engineering assignment for the following reasons: ■ The Project Manager and Assessment Engineer will be Mr. John Friedrich, P.E. He will provide "hands-on" involvement as a principal in the firm. 6809 INDIANA AVENUE • SUITE 201 • RIVERSIDE, CALIFORNIA 92506 FAX (909) 781-8435 0 (909) 781-0811 Mr. David Liu February 18, 1994 Page 2 ■ GFB-Friedrich has extensive public finance experience in the East Los Angeles County area, having recently provided services to the City of Claremont, Claremont Unified School District and the City of Pasadena. ■ John Friedrich has taught a 30 -hour course in assessment engineering during each of the last three winter quarters at UC Riverside Extension. ■ GFB-Friedrich understands the political sensitivity of this assessment district and the importance of providing documents that are not only accurate technically, but non- controversial as well. ■ GFB-Friedrich has formed several 1972 Act assessment district and continues to perform the annual updates for most of these districts. Please refer to the Related Experience material provided in Exhibit "B" to this proposal. The attached material includes the Scope of Work, Schedule and Project Fee required to update the subject assessment districts. GFB-Friedrich's proposed project team, and a list of Related Experience is also attached. Additionally, this proposal takes into account the new requirements and time constraints imposed by the passage of SB 773 (1972 Act), SB 1997 (Brown Act) and SB 376 (Clean-up legislation). SCOPE OF WORK GFB-Friedrich is proud of the high level of service and responsiveness that we provide to our clients. It is our intent to provide a complete scope of services from creation of the FY 1994-95 data base, preparation of the Engineer's Report and associated maps, attendance at public meeting and public hearing, through confirmation of the assessments, and placement of the assessments on the Los Angeles County tax rolls. It is our understanding that the entire City is included within the boundary of Landscaping Assessment District No. 38 and that Landscaping Assessment District Nos. 39 and 41 are project specific. Following is a detailed description of the specific tasks that we propose to perform for three consecutive annual updates of each of the aforementioned assessment districts, pursuant to the Landscaping and Lighting Act of 1972. This Scope of Services and the proposed Project Schedule are prepared under the assumption that the City will not increase the assessments above the FY 1993-94 level during the life of this contact, which means that notices and the Public Meeting are not required. Mr. David Liu February 18, 1994 Page 3 scone of 5ervicess Angeles est for computer tape of property owner information from Los Ang 1 Prepare requ One tape will cover all three assessment County Assessor (to be signed by City). districts. and sand to Attend "kick-off" meeting with City staff to obtain existing0000ra tion with the City, 2, Atte ectations for these projects. determine the City's exp s of improvement which would be eligible for inclusion in each F identify the work p . 1994-95 assessment district program assing all of the 3 Prepare an assessment diagram for each assessment district encompassing property within each district. 4. Hand enter data for defining districts, land use or other special requirements. estimate for each assessment district including costs n annual maintenance, 5 prepare an staff), and incidental costs for operation and administration (in conjunction with City inclusion in each Engineer's Report. hich will Engineer's Report for each assessment districtof assessment, assessment ontain the 6 prepare an Eng prior description of proposed improvements, cost estimate, meth unbound copies of each Engineer's and assessment diagram. Submit to City staff and consultants for review p roll, a to adopting the Resolution of Intention. Submit t Report. olutio ns utilizing previously -used material and comparable resolutions in GFB- �7. Prepare res Friedrich's files. to de -annex a portion of the Assessment g. Be prepared to discuss the steps necessary proceedings will be District No. 38. Assist the City as required. De -annexation considered additional work. on are adopted. At this Cit Council meeting at which Resolutions nd Intent' ngineer's Reports will be 9, Attend Y will be set, a meeting, the Public Hearing daresentation as necessary- preliminarily approved. Make p ed Submit revised Engineer's Engineer's Report to reflect any changes in the improvements t . be maintain 10. Amend Engin P required. or incidental costs. Re -sprout assessteam ments as r u to Public Hearing. Report to City and other project Mr. David Liu February 18, 1994 Page 4 11. Attend City Council meeting(s) at which Public Hearings are conducted. Make presentations as required. Attendance at one or more continued Public Hearing shall be considered additional services. Revisions to the Engineer's Report ordered by the City Council shall also be considered additional services. 12. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the current fiscal year's assessments on the Los Angeles County tax roll and file the assessment diagrams with the County Auditor. 13. Coordinate with City staff, legal counsel, and other necessary project consultants. 14. Project administration and meetings (three staff meetings are anticipated in addition to the two City Council meetings described above). Tasks and Information to be Provided by Others 1. Obtain computer tape of property owner information from Los Angeles County Assessor's Office (GFB-Friedrich will prepare request form and provide a check for required amount to expedite this task). 2. Up-to-date maps, reports, resolutions and other data relating to the project. 3. A reproducible map of the City, suitable for photographing on mylar. 4. Provide appropriate input for estimates of maintenance and servicing of improvements for inclusion in each Engineer's Report. 5. Other consultants whose services are required to complete the project. 6. Environmental documentation to meet CEQA requirements, if necessary. Mr. David Liu February 18, 1994 Page 5 PROJECT SUMMA -1 Following is our proposed schedule that takes into account the requirements of the 1972 Act as well as the recent requirements mandated by the passage of SB 773 (1972 Act), SB 1997 (Brown Act) and SB 376. This tentative FY 1994-95 schedule will be firmed up after consultation with City staff and legal counsel. This schedule assumes City Council meetings on the first and third Tuesday of each month. ASAP Adopt Resolution of Initiation Complete and file Engineer's Report, on or about May 6, 1994 May 17, 1994 Adopt Resolution of Intention June 21, 1994 Conduct Public Hearing Submit assessments to L.A. County Auditor, July 15, 1994 on or about Submit corrected assessments, if any, to August 10, 1994 L.A. County Auditor, no later than KEY PERSONNEL Assessment district projects such as and flexibleis require a rregardmg theject team tth evecro-chang ever-changing needs of the The team members should be responsive City as this assessment district is updated. GFB-Friedrich is pleased to commit the following staff members to the City Of Diamond Bar for the completion of these assessment district updates. Mr. John Friedrich, P.E., President and General Manager of GFB- Friedrich, is proposed as the Project Manager and Assessment Engineer. Mr. Friedrich has considerable experience in forming and updating public finance districts, particularly 1972 Act maintenance districts, from initiation through confirmation and placement of assessments on the tax roll. Mr. Friedrich will be responsible for overall project coordination, project quality, client contact, assessment engineering, attendance at public hearings and meetings, and for bringing in the project on-time and within budget. Mr. David Liu February 18, 1994 Page 6 Assisting Mr. Friedrich with field reviews and preparation of the assessment diagrams will be Mr. Scott Moore. Mr. Moore is a Designer/Drafter and has been a member of the staff of GFB-Friedrich for the past four and one-half years. Computer-related duties will be performed by Rapid Data, Inc., of Redlands. Such duties include the translation of the County Assessor's computer tape, maintenance of ownership data base, preparation of notices and generation of assessment spreads and rolls. Formed in 1962, Rapid Data does all of the computer work for GFB-Friedrich's larger assessment district projects (over 500 parcels). Ms. Marjorie Hollinger, Principal Owner, will be in charge of Rapid Data's work. The staff listed above will be assisted by other engineers, designers, drafters and clerical staff from GFB-Friedrich as required. An Organization Chart and Resumes of Key Personnel are included in Exhibit "A" to this proposal. RELATED EXPEMN E A list of projects previously completed, with references and telephone numbers, by GFB- Friedrich is included in Exhibit "B," attached hereto. PROJECT FEE The proposed FY 1994-95 project labor fee for completing the tasks outlined in the Scope of Work is $8.200.00. GFB-Friedrich proposes to invoice the City monthly on a time and materials not -to -exceed basis for work completed during the previous month. Labor fees will be based on GFB-Friedrich's "Schedule of Hourly Rates," dated August 1, 1993, and attached hereto as Exhibit "C. " Reimbursable outside costs such as blueprinting, printing, binding, photo duplicate mylars, mileage, courier service, County fees, Assessor Parcel Maps, and other miscellaneous outside costs will be invoiced additionally at our cost. Sub -consultants, such as Rapid Data, Inc. will be invoiced additionally at our cost plus ten percent (10%). The estimated budget for reimbursable outside costs is $800.00 and for sub -consultants (including Rapid Data) is $2.500.00. Therefore the total proposed FY 1994-95 fee is $11,500,QQ. We propose that the total FY 1995-% fee remain at $11,500.00 and that the total FY 1996-97 fee increase three percent (3%) to $11,850.00. Services outside of the Scope of Services given above will be invoiced additionally utilizing Exhibit "C," "Schedule of Hourly Rates." Such additional work shall not commence without prior written authorization from the City. Mr. David Liu February 18, 1994 Page 7 If the City wishes to alter the Scope of Services or the method of invoicing fees, we will be pleased to discuss such alterations. CLOSURE GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want very much to do this challenging work for you. If this proposal is accepted, we will be pleased to enter into a formal agreement to execute the work. Sincerely, GFB-FRIEDRICH & ASSOC., INC. /JohnA. Friedrich President attachment: JAF: and Exhibit "A" ORGANIZATION CHART CITY OF DIAMOND BAR 1972 ACT ASSESSMENT DISTRICT UPDATES CITY OF DIAMOND BAR City Council PUBLIC WORKS DEPARTMENT David Liu, P.E. Senior Engineer PROJECT MANAGER John A. Friedrich, P.E. GFB-FRIEDRICH & ASSOC. RESEARCH & MAPPING LASSESSMENT ENGINEERING Scott J. Moore Friedrich, P.E. GFB-FRIEDRICH & ASSOC. DRICH & ASSOC. Utilize other Staff as Required GFB-FRIEDRICH & ASSOC. A-1 DATA PROCESSING Marjorie Hollinger RAPID DATA, INC. February 18, 1994 JOHN A. FRIEDRICH, P.E., President M-FRIEDRICH & ASSOC., INC. Education California State University at Los Angeles - MSCE, 1977 California State University at Northridge - BSE, 1973 Professional licenses Registered Civil Engineer: No. 27861 - State of California No. 10451 - State of Nevada Professional Society Membership American Society of Civil Engineers American Water Works Association National Society of Professional Engineers Experience GFB-Friedrich & Assoc. - President, 1988 -Present Other Civil Engineering Consultants, 1979-1988 Amoco Reinforced Plastics Co. - Design Engineer, 1977-1979 Ameron Incorporated - Design Engineer, 1973-1977 Mr. Friedrich has specialized experience in forming and updating public finance district proceedings for public agencies in Southern California. He also has extensive experience in planning and designing water and sewerage systems for cities, counties, special districts and the federal government. Prior to forming his own firm, Mr. Friedrich was the Regional Vice President and Branch Manager for a large multi -office civil engineering consulting firm that specializes in public works and municipal engineering. Before that, he spent five years as a Senior Civil Engineer with a large civil engineering consulting firm with multiple offices and an international reputation in water and wastewater engineering. Mr. Friedrich's public finance district experience includes: • 1913 Act Assessment Proceedings ■ 1911 Act Bonds ■ 1915 Act Bonds ■ 1972 Act Assessment Proceedings ■ Mello -Roos Community Facilities District Proceedings and Tax Apportionment • Fee Districts ■ Standby Fees (Water and Sewer) ■ Special Taxes (Parcel Taxes) A-2 JOHN A. FRIEDRICH Page 2 of 2 Mr. Friedrich has been project manager on numerous capital infrastructure projects including water transmission, distribution and storage; sewage collection and transmission; streets and roadways; storm water collection and transmission; and coordination of public utility installations. The types of projects described above required coordination with related agencies, such as: flood control districts, railroads, Caltrans, MWD, water quality boards, health departments, fire departments, public utilities, Department of Fish and Game, other agency departments, and overlaying special districts. Coordination with local land developers and their consultants, as well as local businesses was often required. Prior to entering the private consulting field in 1979, Mr. Friedrich spent 6-1/2 years in the pipe industry where be was responsible for the design, layout and estimating of concrete, prestressed concrete, pretensioned, cement - mortar lined and coated steel, and reinforced plastic mortar pipe and fittings for both domestic and foreign pipeline projects. These projects included water, wastewater, storm drainage and cooling water pipelines. Public agencies for which Mr. Friedrich has provided professional engineering services include: City of San Bernardino City of Rancho Cucamonga City of Claremont City of Victorville City of Upland City of Cathedral City City of Riverside City of Corona City of Moreno Valley City of Chino City of Palm Desert City of Pasadena County of San Bernardino - Office of Special Districts - Transportation & Flood Control Department - West Valley Regional Manager's Office County of Riverside - Economic Development Department Winton Water and Sanitary District (Merced County) Ortega Trail Recreation and Park District Beaumont -Cheery Valley Recreation and Park District Rim of the World Recreation and Park District Marine Corps Logistics Base, Barstow, CA (U.S. Navy) Other Activities City of Newport Beach City of Ontario City of Blythe City of Banning City of Rialto City of San Jacinto Easter Municipal Water District Elsinore Valley Municipal Water District Murrieta County Water District Lee Lake Water District East Valley Water District Victor Valley Water District Santa Rosa Community Services District Agua Mansa Industrial Growth Association Moreno Valley Unified School District Claremont Unified School District Palo Verde Hospital District Instructor, "Assessment Engineering" (30 hours), University of California at Riverside (UCR) Extension. Winter Quarter 1991 Winter Quarter 1992 Winter Quarter 1993 A-3 SCOTT J. MOORE, Designer/Drafter GFB-FRIEDRICH & ASSOC., INC. Education California Southern Law School, Riverside, one year completed Riverside City College, A.S., 1988 California State Polytechnic University at Pomona, completed two years of civil engineering education Trade Orn~���6 n M�,nber N, Inland Counties Water Association EnS ence GFB-Friedrich & Assoc., Inc. - Designer/Drafter, May 1989 - Present Other Civil Engineering Consultant, August 1988 - May 1989 Mr. Moore has experience in the preparation and drafting of various types of civil engineering drawings, including: ■ Tentative Maps ■ Tract Maps and Parcel Maps ■ Grading Plans ■ Street Improvement Plans ■ Water and Sewer Plans ■ Storm Drain Plans ■ Assessment District Boundary Maps ■ Assessment Diagrams ■ Community Facilities District Boundary Maps He completed a series of courses in Autocad drafting at Cal State San Bernardino in late 1992. The above types of projects required the layout and drafting of title sheets, plan and profile sheets, detail sheets, section views, and vicinity maps. He has also become familiar with Assessor Parcel Maps from the local bil unfor ties and often uses them in the preparation of tract snaps and assessment diagrams. He is given the ign projects. He often asststs potholing doing utility research on most of�Gog'scations a m g the exposed utilities. He also does most of the crews by helping them locatepo coordination with engineers and agency staff of other projects occurring in the vicinity of GFB Friedrich's projects Mr. Moore assisted in the preparation of specifications, bid documents and bid advertising for a variety of potable water, reclaimed water and sewer projects for several phases of the Horsethief Canyon Ranch Project in Riverside County where GFB-Friedrich was acting as a sub -consultant to another civil engineering firm. He has also been involved in virtually all of GFB-Friedrich's public finance district projects, which number in rming field research, office and computer coordination, calculations and mapping. excess of thirty projects, by perfo A-4 Exhibit "B" RELATED EXPERIENCE - PUBLIC FINANCE DISTRICTS The staff at GFB-Friedrich & Assoc. has over 16 years of combined experience in public finance district engineering. The following list of public finance projects includes several projects similar to the City Of Diamond Bar update project. These similar project descriptions are entirely highlighted in bold print. 1. Landscaping & Lighting District No. LL001, City of Claremont. This 1972 Act assessment district was confirmed in March, 1990 and requires annual updating. The district finances approximately $1.2 million (or about one-half) of the annual maintenance costs for landscaping and street lighting in the City. The City contains approximately 9,670 parcels of land. Contact: Ms. Betty Rose Sheldon, Assistant to the City Manager City of Claremont 207 Harvard Avenue Claremont, CA 91711 (909) 399-5462. 2. Assessment District No. 89-1, Lee Lake Water District. This 1913 Act proceeding with 1911 Act bonds was formed to finance the reconstruction of failing sewage disposal pits at the 305 -lot Butterfield Estates Tract south of the City of Corona. Approximately $694,000 worth of bonds were sold. GFB-Friedrich provided a complete range of assessment engineering services for this project. Contact: Mr. Charles Smith, Assistant Manager - Water Supply Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92531-3000 (909) 674-3146. 3. Annual Update of Lighting District No. 1 - City of Blythe. Formed in 1987, this 1972 Act Lighting District requires annual updating. Approximately $100,000 is assessed annually to owners of 3,000 parcels in the City of Blythe. GFB- Friedrich provided the updates for the 1989/90, 1990/91, 1991/92 and 1992/93 fiscal years. Contact: Mr. Newell Sorensen, Development Service Department City of Blythe 440 South Main Blythe, CA 92225 (619) 922-6130. Is 4. Community Facilities District No. 89-1 (Agus Mansa Industrial Center), Agua Mansa Industrial Growth Association (AMIGA). GFB-Friedrich was retained to prepare boundary maps and the Public Report for CFD No. 89-1. A joint powers agency, AMIGA is made up of the County of Riverside, the County of San Bernardino, the City of Colton, the City of Rialto and the City of Riverside. CFD No. 89-1, a 300 - acre project on land zoned for industrial use, is located partly in Riverside County and partly in San Bernardino County. �n 1990 GFB-Friedrich aorization to sell a lso prepared theum of �v�ot�er worth of Mello -Roos bonds was secured roll for this CFD. Contact: Mr. Dwane Burgess, Program Manager for Economic Development San Bernardino County Economic and Community Development Department 474 West Fifth Street San Bernardino, CA 92415-0040 (909) 387-4853. 5. FY 1990/91 Collection of Special Taxes for Community Facilities District No. 88-1, Murrieta County Water District. Owners of approximately 850 parcels of property are taxed approximately $141,000 annually to service bonded debt and incidental costs for the construction of water and sewer facilities. Contact: Mr. Tim Crough, District Engineer Murrieta County Water District 42290 Ivy Street Murrieta, CA 92362 (909) 677-7667. 6. Assessment District No. 994, City of San Bernardino. A City Wide street lighting and street sweeping district formed under Chapter 12.90 of the (Charter) City Code to finance those maintenance activities, the money now free in the City's General Fund will be used for increased police protection throughout the City. This district contains approximately 45,000 assessable parcels. This district was confirmed in 1990. GFB-Friedrich prepared the assessment formula and the Engineer's Report. The City of San Bernardino provided computer services and data base management and does the annual updates. Contact: Mr. Roger Hardgrave, Director of Public Works/City Engineer City of San Bernardino 303 North "D" Street, 3rd Floor San Bernardino, CA 92418 (909) 384-5111. Im 7. Cityof San Bernardm°' Known as phase I of the Assessment District, this 1913 Act with 1915 Act bonds Assessment District No. 9 ' lot residential subdivision Cajon and June Area Acquisitionor infrastructure costs for a 92 - financed One-third of the maj This district was confirmed in 1990En Engineer in the northwest area of the City. it ave, Director of public Works/City g Contact: Mr. Rog City of San Bernardino 303 North "D" Street, 3rd Floor San Bernardino, CA 92418 (909) 384-5111. phase II of the City of San Bernardino* Known as Assessment District No. 9778, residential 19l subdivision 8. Acquisition Assessment District, this 1913 Act with 1915 Act bonds Cajon and June Area Ac9u infrastructure costs for 185 -lot res financed on of the majorThis district was confirmed in 19 Engineer in the northWest area of the City. Public Works/City Contact: Mr. Roger Hardgrave, Director of City of San Bernardino 303 North "D" Street, 3rd Floor San Bernardino, CA 92418 (909) 384-5111. GFB-Friedricb was No. 1, City of Banning- �� which will Landscape Maintenance District assessment dist which the 9' provide formation services fora 1972 a d m an landscap�g retained to p a to maintain parkway The District, provide the funds necessary roval on or near Wilson 0(Sp�p.ed lots. This City requires as a Condition of App roximately was initially comprise of app formed in 1990 dating. District requires annual Up Engineer Contact: Mr. Paul Toor, City g City of Banning 99 East Ramsey Street Banning, CA 92220 (909) 922-1230. to Verde Hospital District. GFB-Friedrich - was hospital 1p Special Tax District, Pa resent to the voters. The g,000-parcel The Tecommend a specific special tax rate top in special tax roximately $250��he measure garnered a 56 percent district intended to obtainle p�P within two weeks• preliminary work was comp 1992. vote and was defeated. This project occurred in early Mr. Les Nelson, City Manager Contact: o Blythe City of y 220 North Spring Street Blythe, CA 92225 (619) 922-6161 MW 11. Community Facilities District No. 90-1, Winton Water and Sanitary District, Atwater, CA. CFD No. 90-1 financed water and sewer infrastructure improvements for 925 future dwelling units in Merced County. The total bond issue was $2,650,000. This Mello -Roos District was approved in early 1991. GFB-Friedrich provided special tax services including the Tax Apportionment Report, special tax formula, and presentations before developer groups and District Board of Directors meetings. Contact: Mr. Ray Eason, President of the Board Winton Water and Sanitary District 6951 North Winton Way Winton, CA 95388 (209) 358-2367. 12. Assessment District No. 684632, Ortega Trail Recreation and Park District. Formed pursuant to the Landscaping and Lighting Act of 1972, this assessment district is providing a portion of the financing for a community recreation center in the Wildomar Area of Riverside County. Comprised of 6.600 parcels of land, this district was approved in late 1990 and requires annual updating. Contact: Mr. Alain Grenier, Chief Administrator Ortega Trail Recreation and Park District 252 North Main Street Lake Elsinore, CA 92330 (909) 674-6941. 13. Assessment District No. 987, City of San Bernardino. This 1913 Act procedure with 1915 Act bonds was used to finance infrastructure improvements in three benefit zones. Facilities financed included a traffic signal and a box culvert bridge; street widening, sidewalks, curb and gutter, street lights for a major street; and a major storm drain system and detention basin. Designated as the Verdemont Area Improvement District, this assessment district included approximately 850 parcels and was confirmed in 1991. Contact: Mr. Roger Hardgrave, Director of Public Works/City Engineer City of San Bernardino 303 North `D' Street, 3rd Floor San Bernardino, CA 92418 (909) 384-5111. 14. Library Special Tax District, City of Pasadena. After receiving an 80% approval by vote, the City retained GFB-Friedrich to collect approximately $1,300,000 to finance the expected shortfall in their library funding. The first annual collection took place in FY 1993/94. Contact: Mr. Patrick Clarke, Associate Planner City of Pasadena 100 North Garfield Avenue Pasadena, CA 91109-7215 (818) 405-4206. M-1 15. Community Facilities District No. 91-1, Moreno Valley Unified School District. GFB-Friedrich was retained to prepare the boundary map, voter roll and Public Report. This CFD, through a successful landowner election in 1992, has the authorization to issue a maximum of $240,000,000 in phased bond sales for the construction of several master -planned elementary, middle and high schools, as well as district support facilities. This CFD is comprised of a series of non-contiguous residential and commercial/industrial projects which are nearing development. Contract: Dr. Paul Baird, Director of Facilities Moreno Valley Unified School District 13911 Perris Boulevard Moreno Valley, CA 92388 (909) 485-5600. 16. Assessment District No. 91-1, City of Banning. Known as the Wilson Street Assessment District, this project was part acquisition and part construction. Major peripheral street, water, sewer, flood control and underground utility construction was financed for two non-contiguous residential tracts and a future commercial property. Confirmed in October 1991, this 1913 Act assessment district issued $3,422,134 worth of 1915 Act bonds. Contact: Mr. Paul Toor, City Engineer City of Banning 99 East Ramsey Street Banning, CA 92220 (909) 922-1230. 17. Assessment district No. 1003, City of San Bernardino. A 1913 procedure utilizing 1915 Act bonds, this assessment district financed the street, water, sewer and drainage improvements for the Cajon Blvd. & Pepper Linden Drive Acquisition Assessment District. Developed by Century Homes, this project consists of 101 residential lots. This district was confirmed in June of 1992, and $857,060 worth of bonds were sold. Contact: Mr. Roger Hardgrave, Director of Public Works/City Engineer City of San Bernardino 303 North "D " Street, 3rd Floor San Bernardino, CA 92418 (909) 384-5111. 18. Assessment District No. 684633, Ortega Trail Recreation and Park District. Formed in 1992 pursuant to the Landscaping and Lighting Act of 1972, this assessment district provides a portion of the operations and maintenance financing for a series of parks and trails in Riverside County near Lake Elsinore. This district contains over 17,000 parcels of land and generates approximately $500,000 annually. This district requires annual updating. Contact: Mr. Alain Grenier, Chief Administrator Ortega Trail Recreation and Park District 252 North Main Street Lake Elsinore, CA 92330 (909) 674-6941. 19. Assessment District No. 90-1, Santa Rosa Community Services District. Confirmed 1992, this assessment district utilized the 1913 Act with 1915 Act bonds. Improvements included several non-contiguous paved road extensions with related grading, drainage and water improvements. This district is comprised of 39 parcels of land, several of which can be further subdivided. The confirmed assessment was $1,511,500. Contact: Mr. Ralph Morrow, General Manager Santa Rosa Community Facilities District 41785 Enterprise Circle South, Suite A Temecula, CA 92390 (909) 676-2646. 20. Landscaping, Lighting and Park District No. 1, City of San Jacinto. Formed in June of 1992, this 1972 Act assessment district has five separate zones that finance the operation and maintenance of public landscaping, street lights and traffic signals, parks, and street trees. A total of $321,040 was assessed in the initial fiscal year. This district must be updated annually. Contact: Mr. Les Evans, Public Works Director City of San Jacinto 201 East Main Street San Jacinto, CA 92383 (909) 487-7327. 21. Utility Undergrounding Assessment District No. 66, City of Newport Beach. Confirmed in December 1992, this 1913 Act assessment district utilized $192,475 worth of 1915 Act bonds to finance the undergrounding of electric and telephone lines on or near Bay Avenue between Seventh and Eighth Streets. This district is comprised of 26 parcels of land. Contact: Mr. Dick Hofstadt, Senior Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 (714) 644-3311. Iwo 22. Recreation Assessment District, Claremont Unified School District. A 1972 Act assessment district was utilized to finance the public use portion of the maintenance of the school district's athletic fields, swimming pool, rest rooms, and appurtenant landscaping, lighting, fencing, parking, and signage. In the formation year, FY 1993/94, $1,120,000 was assessed to property owners within the school district. Contact: Ms. Dena Graves, Assistant Superintendent, Business Services Claremont Unified School District 2080 North Mountain Avenue Claremont, CA 91711 (909) 398-0602. In addition to the above projects, GFB-Friedrich has been selected to provide public finance district services for the following projects: 1. Formation proceedings for a second assessment district that will finance several segments of new paved roads, storm drain facilities and water facilities in the Santa Rosa Community Services District. This assessment district will utilize 1913 Act proceedings and 1915 Act bonds. 2. Formation proceedings for Assessment District 1915 Act bonds to finance infrastructure for the subdivision in the City of Rancho Cucamonga. B-7 No. 93-1, a 1913 Act procedure with Masi Commercecenter, a commercial August 1, 1993 Exhibit "C" GFB-FRIEDRICH & ASSOC., INC. D 1 OF Hol TD T V RATES NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 1994 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. C-1 CLASSIFICATION RAU 1. Principal $ 96.00 per hour 2. Senior Registered Engineer $ 90.00 per hour 2a. Registered Engineer $ 84.00 per hour 3. Project Manager $ 78.00 per hour 4. Drafter/Field Inspector $ 63.00 per hour 4a. Special Districts Analyst $ 63.00 per hour 5. Designer $ 72.00 per hour 6. 2 -Man Survey Party $ 145.00 per hour 7. 3 -Man Survey Party $ 192.00 per hour 8. Survey Computer $ 70.00 per hour 9. Clerical $ 37.00 per hour 10. Engineering Aide $ 35.00 per hour Sub -Consultants Sub -Consultant Fee plus 10% Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.36 per mile Delivery $ 20.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31, 1994 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. C-1 CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: March 15, 1994 Services FROM: Bob Rose, Director of Community AGENDA REPORT REPORT DATE: March 9, 1994 the Policies, Procedures and Regulations for the use of TITLE: Resolution No. 93-66A Amending facilities operated by the City of Diamond Bar. correspondence (copies attached) from Little League SU,VI y: The City of Diamond Bar received written a waiver of fees for the use of Heritage Par and from the Diamond Bar Junior Women s Club requesting a fanning a Las Vegas night on April 23 and Community Center for fund raising activities. Little League p on March 26. Current facility use the Junior Women's Club is planning a Breakfast With Bunny Center. policies specifically exclude fund raising activities from free use of the Community i Council on at the ATION: It is recommended by the Parks and ems and Regulationstion for�the use f facilities RECOMMEND the Policies, Procedures r calendar year adopt Resolution No. 93-66A amending Diamond Bar based non-profit operated by the City of Diamond Bar to allow for the w i ter f roou rented tal f one time Per P for fund raising events at Heritage Park Community organizations. Public Hearing Notification LIST OF ATTACHMENTS X Staff Report —Bid Spec (on X Resolution(s) — ification file in City Clerk's Office Ordinance(s) — Other: — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? or 4/5 vote? 2. Does the report require a majority 3. Has environment impact been assessed? sion? 4. Has the report been reviewed by 5 Are other departments the��wing affected departments: Report discussed Community Services REV WED BY: Frank M. s r Te ence L. Belanger Assistant City Manager City Manager Yes X No Majority _ Yes X No X Yes _ No _ Yes X No Bob Rose Community Services Director CITY COUNCIL REPORT AGENDA Nd. MEETING DATE: March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 93-66A Amending the Policies, Procedures and Regulations for the use of facilities operated by the City of Diamond Bar. ISSUE STATEMENT: or shall the City Council amend the use of facilities operated by the PthecCit� Procedures and Regulations f Y of Diamond Bar to allow for the Park age waiver.of room rental fees for fund raising events atfittorganizations? Community Center conducted by Diamond Bar based non -pro RECOMMENDATION: It is recommended by the Parks and Recreation tYo Fission that the Cityresand Council adopt Resolution No. 93-66A amending of Diamond Bar one time p Regulations for the use of facilities operated by the perycalendar year, to allow for the waiver of room rental fees, o nity Center conducted by for fund raising events at Heritage Park Commu Diamond Bar based non-profit organizations. FINANCIAL SUMMARY: There should be limited financial impact from this policy change. Direct costs such as staffing, sheriffs and/or security costs would still be charged. BACKGROUND/DISCUSSION: The City has received written correspondence (copies attached) from Little League and from the Diamond Bar Junior Women's Club requesting a waiver of fees for the use of Heritage Park Community Center for fund raising activities. Little Lebplanning lanningis laga Las Breakfastgas Withlght on April 23 Easter Bunny on March the Junior Women's Clu p 26. Current facility use policies specifically exclude fund raising activities from free use of the Community Center. This issue was discussed at the February 24, 1994 meeting of the Parks and Recreation Commission, and it was determined that all Diamond Bar based non-profit organizations should be allowed one use of the Heritage Park Community Center for fund raising purposes per calendar year where room rental fees are waived. Other fees and deposits, such as, staffing costs, sheriffs or security costs (if required) and cleaning deposits, be onuld be waived. Charging for these direct costs will eliminate any P the General Fund Budget that this policy change would cause. PREPARED BY: Bob ROSS, Director of community services RESOLUTION NO. 93 - 66A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAXOND BAR AKZNDING THE POLICIES AND PROCEDURES AND REGULATIONS FOR THE USE OF FACILITIES OPERATED BY THE CITY OF DIAMOND BAR A. Recitals. (i) The City of Diamond Bar has heretofore enacted Policies, Procedures and Regulations for the use of facilities operated by the City of Diamond Bar. (ii) For the benefit of the community, it is necessary to periodically amend said Policies, Procedures and Regulations. ( iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, be it resolved, by the City Council of the City of Diamond Bar that: 1. In all respects as set forth in the recitals, Part A, of this Resolution. 2. The Policies, Procedures and Regulations for the use of facilities operated by the City of Diamond Bar are amended by the adoption of a new Exhibit "A" that are incorporated herein by this referenced as though set forth in full. 3. Any or all provisions in the attached Policies, Procedures and Regulations may be waived by action of the City Council. 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, d and adopted at a regular meeting of the City Council of approveday of the City of Diamond Bar held on the 1994, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - LYNDA BURGESS, City Clerk City of Diamond Bar ADM Diamond Bar Juniors February 22, 1994 Bob Rose City of Diamond Bar Community Services 21660 E. Copley, Suite 100 Diamond Bar, CA 91765 Dear Mr. Rose, The Diamond Bar Junior Womens Club is sponsoring a "Breakfast With the Easter Bunny" on March 26, 1994 in the Heritage Park Community Center. This is to be a fun event for children between the ages of 2 - 7. They will have breakfast, visit with the Easter Bunny, pose for pictures and hunt for eggs. We are requesting that the fees for use of the Community Room be waived due to the fact that we are a non-profit philanthropic organization. We serve the community by raising money through such events as the breakfast, and then return the money back to the community. For example, we provide scholarships for teens enrolled in the local high schools, help needy families, donate much needed money to the local library, and among many other events, we sponsor a Spelling Bee for 3rd and 4th graders every year. This last year we provided the Heritage Park Community Center with its first Christmas tree and decorations. In addition, we are hoping to provide a trophy case for the Heritage Park Community Center (as of yet, we have not heard from the city council regarding our proposal). We use, the Heritage Park Community Center for our monthly meetings, and are very pleased with the center and its facilities. We hope you will waive the fees, so that we may continue serving the community. Should you have any further questions, please feel free to call me at 861-0021. Sincerely, Vicky Ketol Breakfast with the Easter Bunny Chairperson P.O. Box 4020 a Diamond Bar, California 91 M February 22, 1994 City of Diamond Bar Mr. Terry Belanger City Manager 21660 E. Copley Diamond Bar, CA 91765 Dear Mr. Belanger: I have just reserved the new facility at Heritage Park to hold our annual "Las Vegas Night" Fundraiser. Diamond Bar Little League has in the past used Walnut City Hall for lack of a big enough room in the city of Diamond Bar. We are excited about using the new and improved Heritage Park Center and hope to continue to use it for our larger functions. Because we are a non-profit organization and the fact that our Las Vegas Night is a Fundraiser I am requesting a variance in the total cost of the hall. Any deduction in cost would help us greatly. If you have any questions please feel free to give me a call at 860- 3689. Thank you for your time and consideration. IZ/ / �C C1 "Q/ Cindy Adams Chair Diamond Bar Little League Las Vegas Night cc: Kelly PARKS AND RECREATION COMMISSION The parks and Recreation Commission is composedofficovmm�tyn1fiBar Commission acts in interested in the recreation and leisure activities of opportunities in which the an advisory capacity to the City Council and strives to provide. community residents can interact, of each month at the Heritage Park Community The Commission meets on the fourth Thursday the public is encouraged to attend' Center located at 2900 S. Brea Canyon Rd. at 7:00 p.m. 1 TABLE OF CONTENTS I. GENERAL INFORMATION PAGE 3 A. Statement of Policy B. Park and Athletic Facilities Available C. Definitions D. Qualifying User Groups -In Descending Order of Priority II. RESERVATION POLICIES AND PROCEDURES PAGE 6 A. Parks B. Athletic Facilities Available C. Variances and Grievances M. FEES PAGE 11 A. Athletic Field Lights B. Parks C. Equipment 1) Storage Facilities 2) Concession Stand Policy D. Other IV. RULES AND REGULATIONS PAGE 15 A. General B. Insurance C. Traffic and Parking D. Public Address System E. Maintenance F. Facility Rain Use Guidelines and Procedures V. BUILDING FACILITY USE POLICY PAGE 22 2 I. GENERAL ][NMRMATION The City of Diamond Bar, Community Services Department, coordinates the use of all City parks and athletic facilities available to organizations and the general public for cultural, social, and recreational activities and programs. The City reserves the right to revoke or terminate a facility use permit of any individual or organization for violation of its policies and procedures. The City may also charge a fee to offset public expenses to operate, maintain, supervise and administer the use of the park and athletic facilities. The City will attempt to accommodate all requests for use of City facilities with the limited amount of park facilities. The increased demand for use of park and athletic facilities makes it necessary to emphasize sharing in the use of facilities. The reservation of athletic fields will be determined at bi-annual facility organizational meetings of the user groups and the City. The mission of the City of Diamond Bar Parks and Recreation Commission is to provide input to the City Council and Community Services Department regarding policies and procedures for park facilities and recreation programs. The role of the Commission is to insure that the program and facilities offered meet the needs of the community and are as economically feasible as possible so that the citizens may participate. The Commission is to take into consideration present and future needs of the City and develop plans to meet those needs. The Commission is responsible for the initiation, review and recommendation of plans for the acquisition and improvement of park lands and facilities and to recommend program improvements or additions when necessary. The Commission is to recommend policy and programs based on the needs of the entire community without bias towards special interest groups. 4 B. PARK AND ATHLETIC FACIMMES AVAii ABLE 1. City -owned parks PARK ADDRESS Heritage Park 2900 Brea Canyon Road Maple Hill Park 1309 South Maple Hill Road Pantera Park Bowcreek Dr & Pantera Dr, mig Stu.) Carlton J. Peterson 24142 East Sylvan Glen Drive Ronald Reagan Park Pathfinder Road & Peaceful Hills Road Starshine Park 20838 Starshine Avenue Summitridge Park Grand Avenue & Summitridge Road Sycamore Canyon Park 22930 Golden Springs Drive 2. Joint School/City Parks Paul C. Grow Park/Quail Summit Elementary - Quail Summit Drive & Highbluff Rd. 3. Athletic Facilities 5 Tennis Multi -Purpose Court Field 0 1 3 0 3 0 0 1 0 1 0 1 0 2 Basketball Baseball Court Field Heritage 1/2 1 Ronald Reagan 1 0 Maple Hill 1 0 Paul C. Grow 0 2 Summitridge 0 1 Sycamore Cyn. 0 1 Peterson 0 2 5 Tennis Multi -Purpose Court Field 0 1 3 0 3 0 0 1 0 1 0 1 0 2 C. DEFINMONS Hazardous Activities - any activity that is defined by the City's insurance company or Risk Manager to be hazardous. User Groups - qualifying non-profit youth or adult athletic organization that use the field on an on-going basis. One -Time User - Resident, company or organization that request a portion of a park for a single day of use. Group A - City of Diamond Bar sponsored activities U'roup B - Diamond Bar based, certified non-profit, youth and adult athletic organizations, and civic, service or fraternal organizations who conduct community events and/or programs open to the general public. Proof of non-profit status must be submitted and on file prior to scheduled use. Group C - Diamond Bar residents' non-commercial functions and/or activities not open to the general public. Group D - Diamond Bar -based commercial, industrial or professional groups, using the facility for a non-profit purpose. r u E - Other tax -supported public agencies. Group F - Non Diamond Bar residents or commercial groups The private commercial use of City Parks for profit and private gain will be prohibited. 6 H. RESERVATION POLICIES AND PROCEDURES A. PARKS Requests to reserve the City's park facilities are made through the Community Services Department of the City of Diamond Bar, 21660 E. Copley, Suite 100. The office phone number is (909) 396-5690. 1. Picnic Facilities a. Any person or group with over thirty (30) people wishing to reserve facilities must submit a facility request, with a refundable clean-up deposit. b. A request to reserve a facility must be submitted ten (10) days prior to the event or activity and is subject to the approval of the City on a first come, first serve basis. C. The facility request will include the name of the responsible individual and/or organization, date, time, park area to be used and the number of people expected to be in attendance. d. The City reserves the right to require that any group or person obtain security through the Los Angeles County Sheriff's Department at events that could create traffic and/or safety concerns at the sole expense of that group or person. e. No campfires, liquid fluids or charcoal fires are allowed except with permit issued by City. 2. Overnight Use of City parks are available by permit through the Community Services Department with a fifteen (15) day notice. Only Diamond Bar -based non-profit organizations may reserve the park for overnight use. Proof of Insurance must be presented to the City as set forth under Insurance requirements for use of City facilities. It is the responsibility of the requesting organization to: a. Maintain appropriate adult chaperons b. Notify the Sheriffs Department of an overnight campout C. Request Sheriff patrols during the campout No Campfires, liquid fluids or charcoal fires are allowed, except by permit issued by the City. 7 3. Tennis/Basketball Court Use a. The Tennis and Basketball courts located on City parks are on a first come, first serve basis and may not be reserved, except for City activities, or for non-profit athletic programs, as approved by the City. b. The use of Tennis/Basketball court areas for concession facilities is prohibited. C. The use of Tennis/Basketball court areas for skating of any kind is prohibited. B. ATHLETIC FACILITIES 1. Policies a. Priority 1) First priority is to provide game facilities and to maintain the parks. 2) Practice requirements are the second priority, following game and maintenance needs. b. The number of players and teams will be considered in allotting time for use of the facilities. C. The allocation and assignment of dates, times and areas for use of City Parks is the sole control of the City. Areas under School District jurisdiction will be scheduled by the School District in conjunction with the City. d. Any changes or additions to park assignments must be submitted in writing and approved by the City, prior to the scheduled event. 2. Procedures a. Users requesting league or ongoing use of City athletic facilities must submit a request on appropriate City or School forms. A City Park Reservation Form must be completed for use of City facilities. (See attachments for document example) All requests for School District facilities are to be submitted on School District request forms. (See attachments for School Districts request sample forms) 8 b. Occasional or one time only use requests must be submitted on a Park Reservation Form at least ten (10 days prior to requested facility use). C. All requests will be reviewed by City staff. d. All field requests from user groups, must be submitted by May 15 and November 15, preceding the period in which fields will be utilized. Forms must be signed by the president or official designee of the organization's Board. e. Requests for use by league or ongoing athletic organizations will be reviewed and assigned in June of each year for the period of August through December, and in December for the period of January through July. A facility organizational meeting will be held in June and December each year to assign the facilities. Each user requesting facilities during the applicable period must send a representative. If a user group requesting use of facilities does not send a representative, they may lose their priority rating for scheduled use of facilities. f. No user -group will be given an approved agreement for facility use until the following documents have been submitted: 1) Complete list of names, addresses and telephone numbers of the current Board of Directors, or designated officials. 2) Proof of current non-profit status with the Internal Revenue Service and State of California. 3) Master calendar of events to include, but shall not be limited to: - Registration dates, tryouts (date, time place) - Date practice begins, practice slot schedules - Opening day schedule/Closing Ceremonies - Date/times league games (start/finish) - Tournament dates (requested to host) - Number of teams 4) One copy of the Certificate of Insurance listing the City of Diamond Bar as additional insured, in the amount approved by the City. (As specified in Facility Use Agreement) 5) All deposits as required. 9 g. Leagues anticipating a split to form a new league, or individuals planning to organize a new sports program, must apply to the City at least one year prior to the estimated starting date. This will provide the necessary time to study the impact of the new program on existing facilities. 3. Athletic Field Storage Facilities a. Storage facilities are made available free of charge to local seasonal user groups. A deposit is required for use of the facilities. b. All user equipment must be stored in a orderly manner. C. Upon conclusion of seasonal play, all equipment must be removed within fourteen (14) days or a cleanup fee, based on actual expenses incurred and overhead, will be charged. If equipment is not claimed within thirty (30) days it will be confiscated and disposed of as prescribed by law. d. Equipment stored in the facility is not the responsibility of the City. Unnecessary equipment stored in the facility may be removed at the user group's expense. e. Lost or stolen items from the storage facilities are not the responsibility of the City. 4. Athletic Field Lining/Marking a. All lining/marking of athletic fields must be done with chalk or waterbased paint. b. The burning of fields with the use of weed killer, diesel fuel or any other method is prohibited on City owned property including park athletic fields. C. Any user failing to comply with established guidelines and notification is subject to invoicing for all damages occurring to the facility and termination of facility use permit. C. VARIANCES AND GRIEVANCES A user group may request a variance or submit a grievance to the stated procedures by completing the following: 10 1. Variance: a. Submit a letter detailing why a variance is requested to the City Manager. b. Appropriate staff members will review the letter and make a recommendation. C. If staff decides not to grant a variance; the group may appeal to the Parks and Recreation Commission User Group Sub -Committee within ten (10) days after written notification of staffs decision. The user group will be responsible to request a variance thirty days in advance of the scheduled event to allow for adequate staff review. 2. Grievance: a. Submit a letter detailing the grievance and recommendations on how to improve the conditions. b. Staff will review the grievance and submit a letter to the group. 11 11 M4 M3.y A. ATHLETIC FIELD LIGHTS All fees are set by the City Council through a Resolution. 1. All City sponsored events/activities, along with Diamond Bar based certified . non-profit youth and adult sports groups, civic, service and fraternal organizations will be allowed to use ballfield lights free of charge. Proof of non-profit status must be submitted to, and be on file with, the City prior to scheduled use. 2. Non City of Diamond Bar based or occasional one-time only users will be charged for the use of lighted facilities at the approved flat hourly rate of $8.00 per hour for light usage, with a two hour minimum use, and each additional hour or fraction thereafter. 3. The hourly light use fee will be evaluated each January, and if necessary, will be adjusted accordingly. 4. The City may deny use of lighted facilities to any organization or individual who leaves the ballfield lights on after the conclusion of the scheduled activity more than twice in one calendar year. a. Deposit 1) A refundable deposit will be required for use of ballfield lights. This deposit will be used to pay for ballfield lights left on upon conclusion of the activity. The deposit will also be used to reimburse the City for physical damages and wages paid to City personnel called out after working hours to turn off ballfield lights. 2) All one-time users will be required to submit a deposit in advance from which ballfield light charges will be deducted, along with any additional cost the City may directly or indirectly incur from their use. b. Light Billing 1) All light users will be responsible for reporting actual hours of use to the Community Services Department within seven days after scheduled use. The City shall deduct ballfield light and related costs specified from the deposit and refund the balance, if applicable. 12 2) User groups will be provided the light box combination by the Community Services Department. The combination may be changed periodically and at the conclusion of the season. C. Light Usage 1) Upon approval of a request to use ballfield lights, the applicant will be issued a combination to the ballfield lights. 2) Ronald Reagan and Maple Hill Park tennis court lights automatically turn off at 10:00 p.m. Therefore, the area used should be cleaned, equipment stored and participants cleared from the facility prior to the scheduled shut off time. Heritage Park lights need to be turned off by 10:00 p.m., if they are left on after 10:00 p.m. the group will be charged. If an organization would like to have lights on at Heritage Park after 10:00 p.m. they must request an exception to the time limit. B. PARK 1. Use of park and picnic facilities is free of charge on a first-come, first-served basis (for reservations, see Section 11, Paragraph A). 2. Insurance is required for all groups of 50 or more people or for any activity in which the City deems that insurance is necessary. The insurance must name the City as an additional insured and the policy must be a minimum of $1,000,000 general Aggregate limit liability or an amount that the City determines appropriate for the use requested. Special events insurance has been made available through the City and can be purchased by the participating group. 3. A refundable cleanup deposit may be required for all groups that reserve use of a City Park. 4. Reservations are required for all groups of 30 or more persons to utilize City parks and picnic facilities. 13 C. EOUIPMENT Storage Facilities a. A refundable deposit will be charged for the use of storage facilities. b. The deposit will be forfeited if stored material is not removed within fourteen (14) days after the completion of the season or activity. The facilities must be cleaned. Any equipment not removed from the facility at the end of the season will be removed by the City. Direct and indirect costs incurred by the City will be charged to the user group. 2. Concession Stand Policy a. The primary user of the park facility will receive primary use of the Concession Stand. All other use will be approved by Staff and the User Group Sub -committee (i.e. special activities). b. The primary User must abide by all Health and Safety standards and regulations and be available for inspections by the Health Department and/or Staff. C. A refundable deposit will be charged for the use of the Concession Stand. d. The user group shall be responsible for the cleaning of the Concession Stand (sweeping, trash removal, wiping counters) after each use. e. Keys will be issued to the User Group for the Concession Stand and can not be duplicated. The cost associated with the loss of keys will be deducted from the deposit. f. Damage to the Concession Stand or broken equipment, due to misuse, or the facility being left unlocked, will be deducted from the deposit. g. The deposit will be forfeited if stored material, with the exception of City owned capital equipment (refrigerator/microwave), is not removed within fourteen (14) days of completion of the season or activity. The facilities must be cleaned and all capital equipment disconnected from electrical outlets (except refrigerator). All capital equipment not removed from the facility at the end of the season will not be the responsibility of the City. h. The City, accompanied by the scheduled user group, will conduct an inspection of the facilities at the conclusion of the fourteen (14) day period to insure compliance to guidelines for use. 14 i. The user group is responsible and liable for loss or damage to any items brought in to the Concession Stand. j. Adult supervision must be maintained at all times. Children under the age of thirteen (13) are not allowed to work in the concession stand. D. RESTROOM/FIELD Facilities must be cleaned of rubbish and deb�direct�pen�stely following incurredthe will be charged.or a cleanup fee, based on actual direct �and E. HER 1. Diamond Bar based non-profit organizations may use City Parks for commercial activities/events to raise funds to support community service programs and activities in the City of Diamond Bar. a. Requests must be submitted sixty (60) days in advance of the date of the activity/event and will be considered by the City's park reservation personnel with input from the Parks and Recreation Commission. 2. The private commercial use of City Parks for profit and private gain will be prohibited. 15 A. IV. RULES AND REGULATIONS GENERAL 1. Alcoholic beverages are not allowed in City parks (Los Angeles County Code 17.04.440). There is a special event policy/procedure for sales and/or consumption of alcoholic beverages at City Park Facilities. (See attachment) 2. Cancellations a. The City of Diamond Bar may cancel the use of park facilities for cause or convenience, which includes but shall not be limited to: 1) When the City is engaged in work involving any of the facilities scheduled to be utilized. 2) When the health and/or safety of participants is threatened due to impending conditions, including but not limited to, heavy rains, unhealthful smog levels or other such climatic conditions. 3) It has been determined by the City that the applicant has not complied with the City park reservation policies. b. Should a user group wish to cancel a scheduled activity, notification must be made to the City at least 24 hours prior to such scheduled use. INSURANCE 1. If a group (user) or one time (user) of 50 people or more is involved in an activity where the City deems insurance to be necessary (i.e. sporting, hazardous events, or company picnics) the responsible person shall procure, pay for and maintain in full force and effect, in regard to any such event, a combined Comprehensive Personal Liability and Property Damage Insurance Policy with limits of not less than $1,000,000 or any amount that staff deems appropriate for the use- requested. 2. The USER of the park agrees that it will indemnify and hold the CITY and its elected officials, officers, agents, and employees free and harmless from ' all claims for damage to persons or property by reason of USER'S acts or those of USER'S employees, agents, guests or invitees in connection with USER'S use and/or occupancy of the facilities. 16 3. Further, the City of Diamond Bar, its elected officials, officers, agents or employees thereof, shall be designated as additional insured under any such policy. 4. Any such insurance policy must include the requirement of a thirty (30) day written cancellation notice to the City. 5 Proof of the effective Policy must be deposited with the Community Services Department at least seven days prior to the first scheduled usage of the facility. 6. The City has Special Event Insurance coverage which may be purchased, at the sole cost of the applicant, for an event which takes place on City owned property. Contact the Risk Manager for further information. C. TRAFFIC AND PARKING 1. The user group must assure that participants and spectators utilize public parking areas and park only in marked stalls. 2. No vehicle(s) will be allowed on City park property, or outside public parking areas, except those designated for parks maintenance or specifically permitted by the City. D. PUBLIC ADDRESS SYSTEM USE POLICY 1. Organized Scheduled Athletic Events Sound amplification equipment will be allowed in City parks, but is limited to public address systems, stereo equipment, stationary/portable components and bull horns, subject to the provisions of the City Noise Ordinance. A group must submit a request in writing for use of a public address system, prior to the event, including the purpose and placement of the equipment, to receive approval from staff. Public address system use will be permitted only between the hours of 10:00 a.m. - 9:30 p.m. daily. Failure to comply with the above requirements by user groups could result in one/or more of the following: 1) First Offense - verbal warning followed by written communication. 17 2) Second Offense - loss of public address system use privileges by the organization for the remainder of the season, immediately following the offense. 2. General Park Use Sound amplification equipment will be allowed in the City's parks, but is limited to public address systems, stereo equipment, stationary/portable components and bull horns, subject to the provision of the City Noise Ordinance. a. No person or group shall use any public address system in any of the City's parks without first submitting a request in writing and receiving approval from the Community Services Department. If staff is required to monitor the event all direct and indirect expenses will be charged to the User group. b. The proposed use of the public address system must not unreasonably interfere or disturb surrounding residences nor shall the use of the public address system detract from or interfere with the general public's use and enjoyment of the park. C. Public address system use will be allowed only between the hours of 10:00 a.m. - 9:30 p.m. daily. d. The direction of the public address system's speakers must be directed toward activity spectators and away from the surrounding residential land use. e. Failure to comply with the above requirements will result in immediate disconnection of the public address system use and forfeiture of deposit. E. MAINTENANCE The City will maintain or cause to be maintained the parks for public use. 2. Field Maintenance a. All maintenance such as field preparation, lining of the fields, setting of base stakes, installation of goal posts will be performed by the user assigned to the facility as per written agreement between the City and the user. 18 b. Each user is responsible for the facility being free of trash or debris. C. Users are requested to report any damage or acts of vandalism to the Community Services Department or Sheriffs Department immediately. It is the policy of the City of Diamond Bar to prosecute to the fullest any individuals for acts of vandalism (Sheriffs Department (909)595-2264 or 911. 3. Motorized Vehicle Use a. Motorized vehicles may be permitted on the City parks for the preparation of athletic fields upon approval of the City. b. Each user group must designate the drivers, not to exceed 4, at least 21 years or older, who will drive the designated and approved motorized vehicle for dragging the fields or other such related activities. C. Each designated driver will be required to attend a training session, conducted by the Community Services Department, on the proper method of dragging infield areas and related safety matters. d. Each user group is allowed to drag the fields with a designated and approved motorized vehicle once a day. However, the dragging of fields between games must be done by hand. The use of a motorized vehicle between games will not be permitted. Fields may be prepared with a motorized vehicle only between the hours of: 3:00 p.m. - 6:30 p.m., Monday- Friday 8:30 a.m. - 9:00 a.m., Saturday 10:00 a.m. - 1:00 p.m., Sunday e. Special request for motorized vehicle use to drag fields shall be made in writing. f. Failure to comply with the motorized vehicle use policy will result in the termination of the scheduled organization's permit to use such vehicle(s) for the preparation of the fields, for the remainder of their scheduled use of such facilities. 4. Modifications Any requests to modify or improve City facilities shall be submitted for approval to the City of Diamond Bar. No permanent structures or equipment shall be placed and/or erected on City facilities unless reviewed and recommended by the 19 Parks and Recommendation Commission for approval by the City Council. The modifications must be dedicated for community use. 5. Closure An annual Parks Maintenance Program is to be submitted to the Parks and Recreation Commission each fiscal year for review and comment. Such Maintenance Program shall included the following: a. Scheduled closure of parks for more than seven (7) consecutive days. b. Closure of athletic field(s) for one day recovery periods. Closure dates will be coordinated by the Community Services Department with user groups. 6. Park Restroom Policy and Schedule The following park restroom policy and schedules will apply to all City facilities: Park restrooms will be unlocked by 8:00 a.m. and will remain open until the park closes. Restrooms will also be open on weekends. Special restroom access is available upon request to the Community Services Department (909)396-5694. Restrooms will be opened for all City recreation programs. 1. Guidelines a. There will be no use of City athletic fields when facilities are unusable due to inclement weather as determined by the City. b. Any user failing to comply with established guidelines and proper notification is subject to claims for all direct and indirect damages and potential termination of facility use permit. 2. Procedures for Notification a. The City will be. responsible for notifying users of field condition(s) and availability of use. b. The City will notify all scheduled users regarding availability of facility for use, after 2:00 p.m. Monday through Friday. 20 C. On weekends and Holidays, the City will be responsible for making the decision regarding the facility use by 9:00 a.m. If facilities are unable to be used, temporary signs will be posted in visible locations in the parks. These signs will be removed when the fields are in condition to resume use. 3. ' Estimated Cost for Damage Repair or Turf Users will be charged for all direct and indirect costs incurred by the City for repair of the turf and/or irrigation systems due to failure to comply with the rain policy. Repair costs are based on actual expenses and normal City overhead. Failure to comply with the inclement weather policy can also result in the termination of user's facility use permit. 21 V. FACILITY RESERVATIONS POLICY A. The following procedures and fee schedules are annually reviewed by the Parks and Recreation Commission and approved by the Diamond Bar City Council. They regulate the use of City -owned facilities, including the Heritage Park Community Center. Equipment may also be rented in conjunction with rental or use of specific facilities. City of Diamond Bar facilities under the management of the Community Services Department are available to the public for activities and programs that meet the needs and interests of the community. The City of Diamond Bar has established these rental fees and services, based upon cost of maintenance, utilities, supervision and/or other direct costs. The City shall have the right to control and operate the facility's heating, air conditioning and common use areas, in a manner deemed best for the City. User must insure that all required codes are met. B. Identification of User Groups: 1. City Sponsore by City Council, City Departments, City Commissions/Committees or City co-sponsored meetings/seminars/conferences. There is no charge for these uses. 2. Resident Non -Profit, civic, service, athletic organizations, who conduct or sponsor non-profit, community -oriented services and activities open to the public, i.e. Boy Scouts Softball, Little League, and other groups as approved. Proof of non-profit status is required. Determination of eligibility of Resident Non -Profit may be made by the City of Diamond Bar. No fee will be charged for board or general membership meetings or registration activities. If meetings are held after normal hours of operation, weekends or City observed holidays, a fee will be charged for staff hours required to open and close the facility. All other events shall be charged according to the fee schedule. *Said events include activities for which there is a charge and/or which are not open to the general public (fund raiser, luncheons and awards ceremonies). A cleaning deposit will be required for activities which serve refreshments. *Note - Each resident non-profit organization will be allowed one use for fundraising purposes per calendar year where room rental fees are waived. 22 3. Private Parties, functions and activities not open for the general public and which are not profit -oriented. 4. Commercial Industrial- or Professional firms, or non-resident civic organizations, including tax -supported public agencies (i.e. County, State or Federal agencies). C. Rental fees are based upon an eight (8) hour period. A four (4) hour rental may be arranged at one-half (1/2) the regular rental rate, through Community Services prior to scheduled use. D. Community Center Room use includes: tables, chairs and one (1) microphone (if available) and room set-up (set-ups arranged through Community Services at time of room confirmation). Rental fees include a City staff person(s) to open and close the building and to provide facility maintenance. E. A cleaning deposit is required of all rental groups and may not be applied toward rental fees. Deposits are paid at time of reservations and are refundable if the facility and/or equipment are left in satisfactory condition as determined for themunity s p property, plus ers rs are responsible for any and all damagesproperty additional 15 % overhead charge. F. The User shall obtain, and keep in full force, at User's expense, for the mutual benefit of City and user, comprehensive, broadform, general public liability insurance providing for: 1) claims and liability for personal injury, death or property damage arising from the use, occupancy or disuse of the facility or adjoining areas and ways; 2) at least $1,000,000 bodily injury or death for any one person; 3) at least $1,000,000 one accident or occurrence; 4) the agreement shall be carried only by responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: 1) the insurer waives the right of subrogation against the City and against the City's agents and representatives; 2) the policies are primary and non- contributing with any insurance that may be carried by the City; and 3) they cannot be canceled or materially changed except upon prior written notice by the insurer to the City. In the event of any such cancellation or material change, any agreement between City and User shall terminate and be of no further force and effect. User shall furnish City with a Certificate evidencing such insurance and naming the City of Diamond Bar as additional insured at least ten (10) working days prior to User's use of the facility. Certificate of insurance issued to the City must contain the following language: THE CITY OF DIAMOND �� � APPOINTED DC EMLOYEES, AND VOE�� THIS COVERAGE SHALL BE PRIMARY AND CITY INSURANCE SHALL NOT BE CONTRIBUTORY. THERE SHALL BE NO SUBROGATION AGAINST THE CITY. NO CANCELLATIONOR MATERIAL NOTICE TOGTHE CGE SHALL BE MADE WITHOUT THIRTY (30) DAYS 23 The City has Special Event Insurance coverage which may be purchased, at the sole cost of the applicant, for an event which takes place on City owned property. Contact the Risk Manager for further information. Certificates are subject to review and approval by the City. G. Liquor Requirements 1. Serving Liquor (complimentary service) The City of Diamond Bar requires clients who will be serving complimentary liquor (i.e. hosted bar, wine service with meal) to provide Host Liquor Liability insurance coverage in an amount no less than $1,000,000. If the client's insurance cannot meet this requirement, a one -day special events policy must be purchased from the City with the fee based upon the type of event and number in attendance. Providing the required coverage is mandatory, and all other insurance requirements described in Section F above are applicable in addition to Host Liquor Liability coverage. 2. Sglling Liquor Any client who will be selling liquor (i.e., cash bar, dinner and drinks for a fee) is required to provide Host Liquor Liability coverage as specified above. The insurance requirements described in Section F above are applicable in addition to Host Liquor Liability coverage. IN ADDITION, the client should note that liquor sales must, by law, be conducted by an entity licensed to do so by the Alcoholic Beverage Commission (ABC) of the State of California. If the client is not licensed, the client must contract with a licensed person to conduct any liquor sales. Any questions as to the need for and requirements of obtaining the appropriate ABC license(s) should be directed to the ABC at (714) 558- 4101, Monday through Friday, 8 a.m. - 5 p.m. The client is required to provide a copy of the appropriate ABC license(s) to the City at least ten (10) working days prior to the event at which the liquor is to be sold. H. Inspection and permits by the Fire Department to assure compliance with Public Assembly regulations may be required at the User's expense. User representative must be present during such inspection. User will be billed directly by the Los Angeles County Fire Department. Persons will not be permitted inside any facility in excess of the established capacity of that facility. I. The private commercial use of City Parks for profit and private gain is prohibited. 24 Facility Reservations shall have the right to relocate or reassign meeting rooms as it deems appropriate, at the same or reduced rental fee, but not more than what would have been charged per the room schedule. K. Reservations may be revoked at any time whenever there has been a violation of approved Rules and Regulations. L. The City of Diamond Bar will not rent, lease or allow use of its public facilities by any person or organization for a public meeting that precludes participation by any disabled person. M. City equipment shall not be removed from any facility. N. Smoking is prohibited in all pubic meeting rooms in compliance with Los Angeles County Code. Chanter 28, sections 28.3 and 28.5. O. Special events or requests not covered in the above policy, must be submitted in writing and will be reviewed by the City to determine appropriate use, fees and services. P. Event staff or security will be required at all events held at Heritage Community Center at a ratio of one person per 100 or more guests and whenever alcoholic beverages are either being served or sold. Rate for event staff will be at current prevailing wage and will be in addition to rental fee. At discretion of the Community Service Director an event may require City Staff, Security Guards or Sheriffs Department Deputies. 25 City of Diamond Bar Facility Reservation Regulations A. The reservation process must be completed at least two (2) weeks in advance of the reservation date. A reservation, once approved, shall constitute an agreement between the User and the City of Diamond Bar.. These regulations are included by reference to the Agreement and all terms and conditions of the regulations must be complied with. All applications must be signed by an authorized adult representative of user organization or private party. B. Cancellation of use must be in writing and received at least thirty (30) days prior to the scheduled event. Cancellation without proper notification will result in the forfeit of deposits. Changes in hours or conditions of use indicated on the original request must be made at least ten (10) working days prior to the scheduled event. C. No reservation will be approved until all fees, deposits, permits/licenses and insurance are obtained and paid in full. These fees and deposits shall be paid at least ten (10) working days prior to the use of the facilities. If the policies and regulations stated in this document are not observed, any reservation may be canceled immediately upon notice to the applicant, and any fee(s) previously paid may not be returned. D. Licensed catered food service is required at the Heritage Park Community Center. Exceptions to catered service must have prior approval from Community Services. NO COOKING IS ALLOWED IN THIS FACILITY. E. No signs or decorations will be taped, nailed, or otherwise attached to walls, windows, ceilings or drapes unless all decoration and the method of attachment is approved by City Staff. No rice, bird seed, confetti, or other similar items will be allowed to be thrown in or around any facility. No open flames or candles will be allowed. F. Signs, placards, pictures, advertisements, names or notices shall not be inscribed, displayed, printed or affixed on to any part of the outside of any facility without prior approval by City Staff. G. All entrance doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and egress. 26 VI. ATTACHMENTS 27 n-TTV OP IItIUIIM TUD AGENDA REPORT AGENDA REPORT _L -LO TO: Terrence L. Belanger, City Manager MEETING DATE: March 15, 1994 REPORT DATE: March 9, 1994 FROM: George A. Wentz, Director of Public Works TITLE: Request for jurisdiction by Los Angeles County Department of Public Works for the installation of a flashing beacon located on Golden Springs Drive approximately 100 feet west of Calbourne Drive. SUMMARY: As part of the part of the County System of Highways, the County has proposed to install flashing beacons along Golden Springs Drive at no cost to the City. The flashing beacons are intended to heighten motorists' awareness of the existing pedestrian/golf cart crosswalks serving the Royal Vista Golf Course. Since one of the proposed flashing beacons is located on Golden Springs Drive approximately 100 feet west of Calbourne Drive in the City of Diamond Bar, the County requests to be granted jurisdiction from the City. RECOWAENDATION: It is recommended that the City Council adopt Resolution No. 94 -XX consenting to the establishment of a portion of Golden Springs Drive within the City as part of the System of Highways of the County of Los Angeles. LIST OF ATTACHAVIENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification _ Ordinance(s) X Other: Negative Declaration by _ Agreement(s) the Los Angeles County Department of Public Works. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed? _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environment impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: N/A REVIEWED BY: Terrence L. Belange Frank M. Ush rge A. Wentz City Manager Assistant City Manager VDirector of Public Works CITY COUNCIL REPORT x5mm un _ MEETING DATE: March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Request for jurisdiction by Los Angeles County Department of Public Works for the installation of a flashing beacon located on Golden Springs Drive approximately 100 feet west of Calbourne Drive. ISSUE STATEMENT: To grant jurisdiction to the Los Angeles County Department of Public Works for the installation of a flashing beacon located on Golden Springs Drive approximately 100 feet west of Calbourne Drive. RECOMMENDATION: That the City Council adopt Resolution No. 94 -XX consenting to the establishment of a portion of Golden Springs Drive within the City as part of the System of Highways of the County of Los Angeles. FINANCIAL SUMMARY: The proposed improvement will have no impact on the City's Fiscal Year 1993-94 budget. BACKGROUND/DISCUSSION: On January 11, 1994, the Board of Supervisors of the County of Los Angeles adopted a Resolution which declared Colima Road between Banida Avenue and Calbourne Drive to be a part of the County System of Highways. As part of the System of Highways, the County is proposing to widen and resurface the existing roadway pavement on Colima Road from Banida Avenue to 200 feet east of Tierra Luna Drive. This improvement is to also include the installation of flashing beacons along Colima Road to heighten motorists' awareness of the existing pedestrian/golf cart crosswalk serving the Royal Vista Golf Course. According to the proposed plan, one of the flashing beacons is proposed to be installed on Golden Springs Drive approximately 100 feet west of Calbourne Drive, in the City of Diamond Bar. Pursuant to a correspondence from Supervisor Deane Dana, dated August 25, 1993, said improvement will be done at no cost to the City. Therefore, the County of Los Angeles requests for jurisdiction in order to complete the improvements. Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, the County has conducted an initial study. The study, which identifies and determines potential effects of this proposed project on the environment, has concluded that there will be no significant effect on the environment and has subsequently prepared a Negative Declaration. A copy of the Negative Declaration is attached for your information. Furthermore, Staff has worked with the Department of Community Development. They have determined that this portion of the improvements (installation of a flashing beacon) is categorically exempt. PREPARED BY: David G Liu/Tseday Aberra RESOLUTION NO. 94- A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF A PORTION F OF GOLDSYSTEM POFN BIGSIIAYB OF�THE SCOUNTY TOFAID CIYALOS PAR ANGELES. 11HEREAs, the Board of Supervisors did on January 11, 1994, duly adopt a Resolution declaring the portion of Golden Springs Drive from Tierra Luna to Calbourne Drive, within the City of Diamond Bar, to be a part of the System of Highways of the County of Los Angeles, as provided in Sections 1700 to 1704 inclusive of the Streets and Highways Code of the State of California; and WHEREAS, said Board of Supervisors by said Resolution requested this Council to give it's consent to allow the County to install and maintain flashing amber beacons and related signing and pavement markings within said portion of Golden Springs Drive in the City of Diamond Bar; and WHEREAS, pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, the County of Los Angeles conducted an initial study and prepared a Negative Declaration pursuant thereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does: SECTION 1. Consent to Inclusion in Count �l Highway System._ This City Council does hereby consent to the establishment of that portion of Golden Springs Drive from Tierra Luna to Calbourne Drive, within the City of Diamond Bar, as part of the System of Highways of the County of Los Anaeles as nrovided in Rantinnc i nn Highways of the County of Los Angeles as provided in Sections 1700 to 1704 inclusive of the Streets and Highways Code of the State of California. Said consent is for the sole purpose of and limited to the installation and maintenance of flashing amber beacons and related signing and pavement markings as depicted in Los Angeles County Department of Public Works Plan No. TS 2823. SECTION 2. tive Declaration. This City Council does hereby approve the Negative Declaration for Colima Road from Benida Avenue to 200 feet east of Tierra Luna dated January 11, 1994. SECTION 3. Effect on Environment. This City Council does hereby find that the project has no significant effect on the environment. SECTION 4. Findin of a Minor Nature. This City Council does hereby find that pursuant to Government Code, Section 65402 (b), the aforesaid improvements are of a minor nature and that, therefore, the provisions of said Section requiring the submission to and report upon said project by the City Planning Agency do not apply. to the adoption SECTION 5. The City Clerk shall certify of this Resolution. 2 PASSED AND ADOPTED this fifteenth day of March, 1994. Mayor I, LYNDA BURGESS, the City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of March, 1994 by the following: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 3 1 OF LOS 'dLIFORM�� THOMAS A. TIDEMANSON, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS December 30, 1993 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 Dear Supervisors: 1924 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA. CALIFORNIA 91802-1460 IN REPLY PLEASE PD -2 4 ° E A)PTED OR NEGATIVE ROADC ROMTION BANIDADAVENUESTOFJURISDICTION CALBOURNE COLIMDRIVE COLIMA CITY OF DIAMOND BAR SUPERVISORIAL DISTRICT 4 4 -VOTE MATTER JAN. 11 1994 LARRY J. MONTEILN EXECUTIVE OFFICER RECOMMENDATIONS: That your Board: 1. Consider the enclosed Negative Declaration (ND) for the proposed improvement of Colima Road and find that the project will not have a significant effect on the environment, find that the ND reflects the, independent judgement of the County and app 2. Adopt the enclosed Reporting Program to ensure compliance with the project changes and conditions adopted to mitigate or avoid significant effects on the environment. 3. Authorize this Department to carry out the project. 4. Find that the proposed project will have no adverse effect on wildlife resources and authorize this Department to complete and file a Certificate of Fee Exemption for the project. 5. Adopt the enclosed Resolution requesting jurisdiction from the City of Diamond Bar in the form previously approved by County Counsel. Honorable Board of Supervisors December 30, 1993 Page 2 The County proposes to widen and resurface.the existing roadway pavement on Colima Road from Banida Avenue -to 200 feeteast of Tierra Luna, including the construction of curb, gutter, sidewalk, driveways, bus pads, retaining walls and drainage structures, installation of street lighting and modification of the existing traffic signaro•conjunction amber flashing improvements, the County proposes to beacons along Colima Road �theighten crosswalksmotorists, serving the Vistaof the existing pedestrian/golf ca Golf Course. One of the flashing beacons will be located approximately 100 feet west of Calbourne Drive, which is Highway the City of Diamond Bar• lima oaaels on neededhandooftgenera Plan and the proposed improvements County interest. The project is tentatively scheduled to be advertised for construction bids in February 1994, pending the City's consent to jurisdiction. An Initial Study of Environmental Factors indicated that the proposed project will not have a significant effect on the environment. In accordance with the EnvironmentalDocument Reporting Procedures and Guiderenaredaopted by your Board on pcopies of the ND were November 17, 1987, an ND was p p transmitted to the appropriate agencies and tato Heights Library for public review. A Public Notice pursuant uto d in the Section 21092 of the Public Resources Code was p San Gabriel Valley Tribune nOctoberOctober 28?,19933, anNodcommentsthe lweae an Heights/Walnut Highlander on received. Based upon the Initial Study of Environmental Factors and the lack of comments received on the ND, we have concluded that the project will not have a significant effect on the environment. Therefore, approval of the ND is requested at this time. We have prepared the enclosed Reporting Program that includes maintaining records to ensure compliance with environmental mitigation measures adopted as part of this project. Honorable Board of Supervisors December 30, 1993 Page 3 In addition to consideration and approval of the enclosed ND, your Board is being asked to authorize this Department to carry out the project. We will file a Notice of Determination in accordance with the requirements of Section 15075 of the California Environmental Quality Act (CEQA) Guidelines. A fee must be paid to the State Department of Fish and Game when certain notices required by CEQA are filed with the County Clerk. The County is exempt from paying this fee when the Board finds that a project will have no impact on wildlife resources. The Initial Study of. Environmental Factors concluded there will be no adverse effect on wildlife resources. Accordingly, upon approval of the ND by your Board, this Department will file a Certificate of Fee Exemption with the County Clerk. A $25 handling fee will be paid to the County Clerk for processing. Jurisdiction is requested in order that the County may install and maintain the flashing amber beacons and related signing and pavement markings on the portion of Colima Road west of Calbourne Drive within the City of Diamond Bar. Upon the adoption of the enclosed Resolution requesting jurisdiction, please return three certified copies to this Department for transmittal to the City. Respectfully submitted, G' �C�� T`. A. TIDEMAN Director of ublic Works ESC:im BLNDDB Enc. COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS NEGATIVE DECLARATION FOR COLIMA ROAD (BANIDA AVENUE TO 200 FEET EAST OF TIERRA LUNA) I. Location and Brief Description of Project The proposed project is located in the unincorporated community of Rowland Heights, Los Angeles County. The project proposes to resurface approximately 1.45 miles of Colima Road from Banida Avenue to 200 feet east of Tierra Luna, including the intersection with Brea Canyon Cut-off Road. The existing right of way is 100 feet and the roadway is fully improved to 84 feet wide between curbs except for the area adjacent to the Los Angeles Royal Vista Golf Course. Adjacent to the golf course, the roadway varies between 60 and 80 feet wide. The project includes widening the roadway in this area to a consistent width of 84 feet. Other improvements include curb and gutter, additional street lighting, drainage improvements, restriping, traffic signaling and the removal and replacement of parkway trees. The purpose of the project is to provide needed street improvements thereby creating safer and more convenient conditions for pedestrians and vehicular traffic. II. Mitigation Measures Included in the Project to Avoid Pott.nLi-! l! Significant EffectG No significant effects are identified. However, mitigation measures are discussed in Section V of the Initial Study. III. Finding of No Significant Effect Based on the attached Initial Study, it has been determined that the project would not have a significant effect on the environment. JSH:my P-426 Attach. INITIAL STUDY OF ENVIRONMENTAL FACTORS Project Title: Colima Road from Banida Avenue to 200 feet east of Tierra Luna This Initial Study was prepared by the Los Angeles County Department of Public Works pursuant to the California Environmental Quality Act of 1970, as amended (Division 13, California Public Resources Code) and the State CEQA Guidelines (Title 14, Division 6, California Code of Regulations). I. Location and Description of Proiect A. Location: See attached map. City or community: Unincorporated community of Rowland Heights, Los Angeles County. Specific Street or watercourse: Colima Road from Banida Avenue to 200 feet east of Tierra Luna. B. Description of Work: The project proposes to resurface approximately 1.45 miles of Colima Road from Banida Avenue to 200 feet east of Tierra Luna, including the intersection with Brea Canyon Cut-off Road. The existing right of way is 100 feet and the roadway is fully improved to 84 feet wide between curbs except for the area adjacent to the Los Angeles Royal Vista Golf Course. Adjacent to the golf course, the roadway varies between 60 and 80 feet wide. The project includes widening the roadway in this area to a consistent width of 84 feet. Other improvements include curb and gutter, additional street lighting, drainage improvements, restriping, traffic signaling and the removal and replacement of parkway trees. C. Purpose: The purpose of the project is to provide needed street improvements thereby creating safer and more covenient conditions for pedestrians and vehicular traffic. D. Phasing and Relationship to Other Projects: The project is one phase of a major rehabilitation of Colima Road stretching from the intersection with Fullerton Road to the city limits of Diamond Bar. Construction of this phase of the project will be completed by June 30, 1995. II. Compatibility with General Plan(s): The proposed project is in conformance with the County of Los Angeles General Plan which states "Provide transportation facilities that will improve the safety, security and dependability of all transportation modes..." - 1 - IV. 1. Environmental Setting: Project Site: The project is aligned within a divided four -lane major highway. There is restricted parking on both sides of the roadway over the majority of the project area. The restrictions limit parking to off-peak hours or no parking/stopping anytime. The pavement is in fair condition throughout the project area with curb, gutter, street lights and other improvements in all areas except adjacent to the golf course. There are modern traffic actuated signals at the Colima Road intersections with Fairway Drive/Brea Canyon Cut-off Road and Nausika Avenue. There is not any undeveloped open space within the project limits. Vegetation is limited to landscape trees and grasses. Surrounding Properties: The adjacent land uses are primarily residential, commercial and recreational (Los Angeles Royal Vista Golf Course). Development east of Hallgreen Drive is residential on the south side of Colima Road. The Golf course is located between Fairway Drive and Tierra Luna on the northern side of Colima Road. There is more residential development east of Tierra Luna. There is commercial development (strip malls) at the intersection of Colima Road and Fairway Drive/Brea Canyon Cut-off Road on both sides and a mixture of commercial and residential development west of the intersection. Animal life in the surrounding area is limited to small domestic animals, small mammals, insects and birds. Identification of Environmental Effects (All "*" answers are explained on Attachment A) YES MAYBE NO Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic structures? X b. Disruptions, displacements, compaction, or overcovering of the soil? X* C. Change in topography or ground surface relief features? X* d. The destruction, covering, or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils either on or off the site? X f. Changes in deposition or erosion of beach sands or changes in siltation, deposition, or erosion which may modify the channel or a river or stream or the bed of the ocean of any bay, inlet or lake? X - 2 - YES MAYBE NO g. Exposure of people or property to geologic landslides, hazards sucl: as earthquakes, mudslides, ground failure, or similar X hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality X over the long term? b. The creation of objectionable odors X* or dust? Alteration of air movement, moisture or c. temperature, or any change in climate, X either locally or regionally? 3. Water. Will the proposal result in: a. Changes in currents, or the course or in direction of water movements, either X marine or fresh waters? b. Changes in absorption rates, drainage patterns or the rate and amount of X* surface water runoff? C. Alterations to the course or flow of X flood waters? d. Change in the amount of surface water or in any water body? (e.g., perennial or intermittent streams; seasonal and marshes). X year-round springs; ponds Alteration of water quality including, e. but not limited to, temperature, X dissolved oxygen, or turbidity? f. Alteration of the direction or rate of flow of groundwater, including changes X in infiltration or percolation rates? g. Change in the quantity of groundwaters, either through direct additions or withdrawals, or through interception of X any aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public X water supplies? 3 - 4. 61F 21 7. 0 YES MAYBE NO Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants including trees, shrubs, grass, crops, X* and aquatic plants)? b. Reduction of the numbers of any unique, X * rare, or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing X species? d. Reduction in acreage of any X agricultural crop? e. Any effect upon a Significant Ecological Area which is identified in X the Los Angeles County General Plan? Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or X* insects)? b. Reduction of the numbers of any unique, X rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to X the migration or movement of animals? d. Deterioration to existing fish or X wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise or vibration X* levels? b. Exposure of people to severe noise X levels? Light and Glare. Will the proposal produce new light or glare? X* Land Use. Will the proposal result in: a. A substantial alteration of the present X or planned land use of an area? n M 10. 11. 12. 13. YES MAYBE NO b. A conflict with adopted environmental plans and goals of the community where is its located? Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? Risk of Upset: Will the proposal involve: a. A risk of explosion or l he release of hazardous substances not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions? b. Possible interference with or an emergency response p lan emergency evacuation plan? C. Exposure of people or property to a flooding hazard, such as a change in location of flooding in the event of an accident or upset condition? population. Will the proposal alterthe he location, distribution, density or growth rate of the human population of an area? Housing. Will the proposal affect existing housing, or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns or circulation or movement of people and/or goods? e. Alterations to waterborne, rail, or air traffic? 5 - X X X X X* X X X X X* X X* X 14 . 15. 16. 17. 18. 19. 20. YES MAYBE NO f. Increase in traffic hazards to motor X* vehicles, bicyclists, or pedestrians? ve Public Serviceo=•will effect upon, result ineapneedsal forhanewaor X altered governmental services? Energy. Will the proposal result in: Use of substantial amounts of fuel or X a. energy? b. A substantial increase in demand upon existing sources of energy, or require the development of new sources of X energy? Utilities. will the proposal result in a need for new systems, or substantial as, but not alterations to utilities such storm water limited to, gas, water, sewer, X* drainage, or solid waste disposal? Human Health. will the proposal result in: a, Creation of any health hazard or potential health hazard (excluding X mental health)? b. Exposure of people to potential health X hazards? Aesthetics. will the proposal result in: a. Obstruction of any scenic vista or view from existing residential areas, public X lands, or roads? b. Creation of an aesthetically offensive X site? C. Change in character of the general X project area? Recreation. will the proposal result in an impact upon the quality or quantity of X* e existing recreational opportunities? Cultural, Archaeological, Historical, and Paleontological Resources. will the proposal result in: a. Alteration or the destruction of a prehistoric or historic X* archaeological site? - 6 - 21. YES MAYBE NO b. Alteration or destruction of a .paleontological resource? C. Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? d. Physical changes which would affect unique ethnic cultural values? e. Restriction of existing religious or sacred uses within the potential impact area? Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitatof fish a fish or wildlife species, cause aor wildlife population to drop Belowen o self-sustaining levels, eliminate a plant or animal community, reduce the number or restrict the or range or a rare or endangered plant animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? - 7 - X X X X X X X SUMMARY Possible Sig. Effect" Explanation SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT �NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT See County Guidelines, Appendix D, for examples of significant effects. �r No. Sig. Effect Factor Possible Earth X Air X Water X Plant Life X Animal Life X Noise X Light and Glare X Land Use X Natural Resources X Risk of Upset X Population X Housing X Transportation/ Circulation X Public Services X Energy X Utilities X Human Health X Aesthetics X Recreation X Cultural Res., et at X Mandatory Findings of Significance X Possible Sig. Effect" Explanation SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT �NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT NO SIGNIFICANT EFFECT SEE ATTACHED DISCUSSION SEE ATTACHED DISCUSSION NO SIGNIFICANT EFFECT See County Guidelines, Appendix D, for examples of significant effects. �r V. Discussion of Wa s to Miti ate Si nificant Effects No significant effects are identified. However, the following mitigation measures have been included as part of the project: 1. Proper disposal of excess excavated material. 2. Sweeping and/or watering to control dust during construction. 3. Noise mitigation by compliance with all applicable laws and ordinances during construction. 4. Plant approximately gl 100 15 -gallon sized trees along roadway. pressure sodium vapor street lights to 5. Installation of high p minimize additional light. street ce a en c es/or closures and 6. Advance notification of all detours to all emergency serve g 7. Posting of advisory signs on Colima Road, before construction begins, indicating the approximate duration of construction utes during construction. and consideration of alternate ro g. Advanced notification vehicular accessof all es rest r cted and businesses in the even 9. Coordinate with affected utilities to minimize impacts due to loss of service. 10. Maintain access to golf course at all times. 11. Cessation of excavation and nation with a specialist if cultural resources are discovered. vi. Initial Stud Pre aration A. Conclusion of Initial Study On the basis of this Initial Study: 11 tcant t on he X The proposed project efore ave winoa hNegative signeCt Declarationwill he ifi environment. Ther , prepared. on the The proposed project may have a significant effect required. environment, and an Environmental Impact Report is The potential significant effects have been identified above. B. Preparation Jeffrey Hupe of the Planning ounty Department of Public Works, This study was prepared by under Division, Los Angeles C Date the supervision of Michael H Nagao September 1993 JSH:my/27 9 - ROUND I PARK CONE c ST. _ m LOS ANGELES COUNTY DEPARTMENT OF. PUBLIC WORKS COLIMA ROAD (BANIDA AVE. TO 200' E / O TIERRA LUNA ) P HEATRIDGE Q CHL o� m KINGSGLEN CIR -41 9 Q LOS ANGELES N ROYAL VISTA GOLF COURSE •. °.• (F,� W AOR T FF O % CANDLE FLAME �• EMERALD �, CT' MEADOW LOCATION MAP ITtWABROS.97/A. S.C3i4 — TH06LSNOT675/C.D.E.F4A5 NO SCALE 9126/x3 LEGEND Wa ■■ a PROPOSED PROJECT ATTACHMENT A DISCUSSION OF POSSIBLE SIGNIFICANT EFFECTS 1. Earth During construction of the proposed project, excavation, compaction, and backfilling of the soil would occur. All excavated areas within the roadwaywould disposedeave n the any excess excavation would be properly contractor as specified by project specifications. The existing topography would not be significantly altered. Therefore, the impact on earth is not considered significant. 2. Air would create dust, but the effect Construction activities would be temporary. Project speciic f�ti�iateo means uld require such the contractor to control dust by appropriate act on air is not sweeping and/or watering. Thus, P considered significant. 3. Water the golf course would ectcrarea t Widening the roadway near by amount of impermeable surface in the thereby increasing the approximately 50,000 square feet , amount of surface water runoff anticipated during storms. The planned improvements to the existing drainage system for the stm roadway would be the capable proposed handling project the wou id 1 nota haveora runoff. Thus, significant effect with regard to water. 4. Plant Life The project area is urbanized with vegetation limited mostly l struction to residential and commercial landscaping. The ppr of approximately of the project would require the removal 18 small to medium-sized trees along the north side of the roadway in the vicinity of the Royal vista Golf x curse. However, the effect is not significant since lanted along approximately he roadway. 100 15 -gallon sized trees would be p There are no known rare, unique or endangered species. Thus, the impacts to plant life are not considered significant. 5. Animal Life Since there is very little wildlife habitat within the project area, any impact to animal life is insignificant_ Due to past disturbances and urbanization, animal life is limited to small domestic animals, insects and birds. Any animal life within the golf course area would not be adversely affected since the animals could relocate until construction is complete. Therefore, the impact to animal life is not considered significant. 6. Noise An increase in existing noise and vibration levels would occur during project construction. Due to the short-term nature of the project, the effect would be temporary and considered insignificant. Project specifications would require the contractor to comply with all applicable laws and noise ordinances during construction. The effect on noise due to the proposed project is not considered significant. 7. Light and Glare Colima Road has an existing street lighting system. The project includes additional street lighting as part of the necessary roadway improvements in the vicinity of the golf course. The impact would be lessened by the installation of high pressure sodium vapor lights rather than mercury vapor lights. The benefit of installing additional lights is increased visibility for drivers at night and pedestrians. Thus, the adverse effect on light and glare is not considered significant. . 10. Risk of Upset Construction of the project would not adversely impact emergency response plans since project specifications would require emergency access be maintained at all times during construction. In addition, the project specifications would require the contractor to give advance notice of all street and/or lane closures and detours to all emergency service agencies. Thus, the effect to risk of upset is not considered significant. 13. Transportation/Circulation Construction of the project would temporarily impact circulation due to lane closures and/or detours. Street parking would be restricted during construction, however, this is considered insignificant, since existing parking is restricted to non -peak hours. Detour plans, if needed, would be discussed with the appropriate emergency service agencies prior to construction. - 2 - Advisory signs would be posted on Colima Road, prior to construction, indicating the approximate duration of construction and alternate routes during construction. Affected residences and businesses would receive advance notification in the event vehicular access is restricted. As these impacts are only temporary, they are not considered significant. The project proposes to install amber flasher devices and related warning signs at four locations on Colima Road. The effect of this would be an increased level of safety for drivers and pedestrians. An additional lane is being added in each direction west of Brea Canyon Cut-off Road. This would impact existing parking levels by prohibiting parking on the street during peak traffic hours. However, This is not considered significant since the majority of the roadway currently has restricted parking. Addition of these lanes would allow for a smoother flow of traffic during peak hours. Therefore, the impacts to transportation/circulation are not considered significant. 16. Utilities All utilities conflicting with construction would be relocated. Any residences or businesses experiencing a temporary loss in utility service, would be given prior notice. Coordination with affected utility companies would ensure their facilities are properly relocated and protected to minimize any loss in service. Therefore, the effect on utilities is not considered significant. 19. Recreation Construction of the project would not adversely impact recreation, since project specifications would require that access to the golf course be maintained at all times. Therefore, the effect on recreation is not considered significant. 20. Cultural Archaeological Historical and Paleontological Resources Archaeological and paleontological resources are not expected to be encountered since previous construction activities would have probably destroyed them. In the event that cultural resources are encountered during construction, all construction activities placing such material at risk would cease until proper examination by a qualified specialist in accordance with project specifications. The impact to the cultural, archaeological, historical and paleontological resources is not considered significant. JSH:my P-4/28 - 3 - PROGRAM FOR REPORTING AND MONITORING THE IMPLEMENTATION OF ENVIRONMENTAL, IMPACT MITIGATION MEASURES 1.0 Program Management 1.1 After adoption of environmental mitigation measures by the Board of Supervisors, the Department of Public Works (DPW) shall designate responsibility for monitoring and reporting compliance with each mitigation measure. Responsibility for monitoring and reporting compliance with mitigation measures, if any, shall be designated by the DPW as appropriate. 1.2 To facilitate implementation and enforcement of this program, the DPW shall ensure that the obligation to monitor and report compliance with environmental mitigation measures is required by all project -related contracts between the County and A/E, prime construction contractor and any other person or entity who is designated to monitor and/or report compliance under this program during the pre -construction and construction phases. 1.3 The DPW as appropriate, shall take all necessary and appropriate measures to ensure that each project related environmental mitigation measure which was adopted is implemented and maintained. 2.0 Pre -Construction 2.1 DPW or Consultant for project design is responsible for incorporating mitigation measures into project design and confirming in writing that final construction drawings include all design -related mitigation measures. 2.2 DPW or Consultant for design of project -related off-site improvements is responsible for incorporating mitigation measures and confirming in writing that final construction drawings include all design -related Mitigation measures. 3.0 Construction 3.1 DPW or prime construction contractor for project and/or for project -related off-site improvements is responsible for constructing and/or monitoring the construction of Mitigation measures incorporated in final construction documents and reporting instances of noncompliance in writing. ( 1 ) 06/03/93 3.2 DPW or prime construction contractor for project and/or for project -related off --site improvements is responsible for implementation and/or monitoring the implementation of mitigation measures affecting methods and practices of construction, (e.g., hours of operation, noise control of machinery), and reporting instances of noncompliance in writing. 3.3 DPW is responsible for monitoring compliance of prime construction contractor(s) with responsibility set forth in 3.1 above and reporting noncompliance in writing. 4.0 Project Operation 4.1 After completion and final acceptance of the project, the DPW is responsible for monitoring and maintaining compliance with adopted mitigation measures which affect project operation. FORM .9 P-4/my (2 ) 06/03/93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 2` 21 2' 2 RESOLUTION DECLARING A PORTION OF COLIMA ROAD IN THE CITY OF DIAMOND BAR TO BE A PART OF THE COUNTY SYSTEM OF HIGHWAYS WHEREAS, the County proposes to improve Colima Road from Banida Avenue to Calbourne Avenue, including the installation of amber flashing beacons; and WHEREAS, the provision of flashing amber beacons and related signing and pavement marking (collectively the "BEACONS") will heighten motorists' awareness of the existing pedestrian/golf cart crosswalks serving the Royal vista Golf Course; and WHEREAS, one of the flashing beacons will be located on Colima Road approximately 100 feet west of Calbourne Drive, which is within the City of Diamond Bar; and WHEREAS, Colima Road is on the County's Highway Plan and the proposed improvements are needed and are of general County interest; and WHEREAS, by reason of the foregoing it is appropriate that said BEACONS be installed and maintained by the County provided the consent of the governing body of the City shall first be given. 11 311 BE IT RESOLVED, by the Board of Supervisors 1 NOW, THEREFORE, that the the County of Los Angeles, State of California, 2 of within Colima Road from Tierra Luna to Calbourne Drive, 3 portion of art of the Of Diamond Bar, is hereby declared to be a P 4 the City rovided in Sections 1700 and 5 System of Highways of said County as P of the State of usive, of the Streets and Highways Code installation 6 1704, inclnd limited to the California for the sole purpose of a 7 Ca depicted in Los Angeles County 8 and maintenance of said BEACONS as 9 Department of public Works plan No. TS 2823' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA ) County of Los Angeles ) s.s. 2 3 I, LARRY J. MONTEILH, Executive Officer -Clerk of the Board of Supervisors of the County of Los Angeles, do hereby certify that 4 the attached is a full, true and correct copy of a 5 Resolution adopted on JAN! 11 1994 6 by the Board of Supervisors of the County of Los Angeles, and ex -officio the governing body of all other special assessment and 7 taxing districts for which said Board so acts. 8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my se 1 of the County of Los Angeles this 9fiday of 19 pF LOs q 10 �� �F� LARRY J. MON T ILH, Executive Officer -Clerk of the Board of Supervisors of the County of Los Angeles. 11 • ,• 12 s • 13 • "` ■ BY CRL)TOR" Deputy 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrance L. Belanger, City Manager MEETING DATE: March 15, 1994 REPORT DATE: March 7, 1994 FROM: James DeStefano, Community Development Director TITLE: Second Reading of Ordinance No. 1 (1994) re pealing 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: This item was held over from the City Council meeting of March 1, 1994. On February 15, 1994 the City Council conducted a public hearing to consider the readoption of Chapter 99 of the Los Angeles County Building Code, entitled "Building and Property Rehabilitation". The readoption of Chapter 99 is proposed to enhance or replace existing code enforcement tools. The ordinance will serve on an interim basis and remains in effect until August 12, 1994 unless repealed or extended. RECOMMENDATION: It is recommended that the City Council approve second reading and adopt Ordinance 1(1994). 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 tcix. Plannine Commissi n Memo Chanter 99 _ Agreement(s) EXTERNAL DISTRIBUTION: Los Angeles County District Attorney's Office SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? majority 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? — Yes X No 5. Are other departments affected by the report? Report discussed with the following affected departments: X Yes _ No REVIEWED BY: errance L. ger Frank sh J es DeStefan CiDennis A. ty Manager Asst. City Manager Community Development Building Officgo ial Director 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 SUBJECT: Readoption of Chapter 99 of the Los Angeles'County 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 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: February 15, 1994 TO: Honorable Mayor and Members of the City Council .FROM: 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 most of the items Building Codes, it was the staff o Count Previously dealt with in pinionn that Y Building Code are now Chapter 99 Housing Code included in the Cit of the Los Angeles subsections of Chapter gg� However Y of Diamond Bar Uniform Conditions P (Definition of Upon further review of the three and Substandard Substandard Buildings, counterparts in the Property) andHousing Substandard Substandard Buildings Uand Substandard Conditions comparing them with verbatim in the Housing Code, the andCo Substandarda i is evident that their sections are re whereas the 99 goes into far greater detail on Property repeated almost maintenance which are detrimental to nearby P Y subsection of Chapter many violations relating to and unsightly property not in conformance to surrounding r to Property such deterioration or disrepair as to Property values, The Substandard Property subsection also highlights specific ng neighborhood, or in as clotheslines r the front diminish surrounding property values. trailers parked in Yard, garbage cans visible from thea street such ordinance also establishes visible from the street. be stored a maximum time and in front yards Period allowedhfor garbage interim abatement of Y Prior to collection garbage cans to abandoned vehicles, which is not contained in the Housing and for which the Cit ' as well as a y currently Provision for their removal. Y uses the Vehicle Code Code, property maintenance and abandoned vehicletion Of Chapter abatement ' section daub for would allow consolidation of The Building atement into one ordinance. Count g Official has consulted with that y District Attorney, who would be theme. Bill Woods, Point, as to the enforceability of the the Los Angeles that Chapter 99 is a Prosecutor should a case reach successful r good piece of legislation, a sed ordinance. s expressed prosecuting Chapter 99 type violations, nd that he has been very During the past Year, the Planning Commission has been working on a Property Maintenance Ordinance designed to Diamond Bar. The Commission meet the specific P Y appropriate has recommended that the ncounc 1 onsiderthe ,� of the re-adoption of Chapter 99 on an interim basis. CONCLIISION: Based upon recent icomplaints filed with the Code Enforcement pertaining to certain Office with the Properties which are not being neighborhood which may affect surrounding in conformity complaints pertaining to aesthetic issues such as visible trailer parkin g Property values, and needs r g' the re-adoption of Chapter 99 trash storage and property owners in enforcing the maintaining of safe conditions property values, until the new Property as amended, would serve the and adopted. P y Maintenance Ordinance is completed PUBLIC HEARING NOTIFICATION: Public hearing notices for published within the San brie February 15, 1994, City Council Meeting were Bu on February 3, 1994 le Tr *bun' and in accordance with State Law land vaiie.. Daily PREPARED BY: Dennis A. Tarango Building Official 1988 EDITION 9901-9903 Chapter 99 BUILDING AND PROPERTY REHABILITATION Scope Sec. 9901. (a) General. The provisions of. this chapter shall apply to all substandard buildings, substandard structures and substandard property. (b) Existing Buildings. Occupancies in existing buildings may be continued as arC/provided in Section 104 (g) except in suchstructures as are found to be substand- d as defined in this chapter and ordered vacated or as are found to be unsafe as defined in Section 203. 0- 0 c� If Definitions Sec. 9902. For the purposes of this chapter, and in addition to the definitions set forth in the previous chapters of this code, certain terms, phrases and words and their derivatives shall be defined as set out in this section. Words used in Ahe singular include the plural and vice versa. (a) BOARD is the building rehabilitation appeals board as set forth in Section 9906. (b) BUILDING is any structure. (c) COMPLETION. Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section 9903 (b). the terms "demolition, improvement, removal, repair or rehabilita- tion," as used in this chapter shall include "completion." (d) DEMOLITION. Whenever the word "demolish" or "demolishment" is . used in this chapter, it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demoli- tion and abandonment of sewer or other waste disposal facilities as may be code or required by this other ordinances or laws. the means PARTY CONCERNED. As used in this chapter "party concerned" means person, if any, in real or apparent charge and control of thF premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encum- brance of record, the owner or holder of any lease of record, the record holder of L any other estate or interest in or to the building or structure or the land upon which A it is located. As used in this paragraph all reference to -record., meads matters of a record in the Department of Registrar -Recorder of the County of Los Angeles A which definitely and specifically describes the premises involved. L (f) VEHICLE—DEFINED. As used in this chapter "vehicle" means a device n by which any person or property may be propelled, moved, or drawn upon a n stationary rails or tracks. highway, excepting a device moved by human power or used exclusively upon L A L A L A L A L A Definition of Substandard Building Sec. 9903. (a) Any building or structure or portion thereof, or the premises on Which the same is located, in which there exists any of the conditions listed in 814.61 L A L A L A L A L A L A L A L A L A L A L A L A L 9903-9904 UNIFORM BUILDING CODE AL Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared L to be a substandard building. L (b) Any unfinished building or structure which has been in the course of LA construction an unreasonable time, in no event less than 5 years, and where the appearance and other conditions of said unfinished building or structure are such A that the unfinished structure substantially detracts from the appearance of the AL immediate neighborhood or reduces the value of property in the immediate n neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared L to be a substandard building. A '^ LSubstandard Conditions A Sec. 9904. Substandard building conditions shall include but are not limited to AL the following: L(a) Inadequate Sanitation. 1. Lack of hot and cold running water to plumbing A fixtures in a hotel or dwelling unit. L 2. Lack of the minimum amounts of natural light and ventilation required by A L this code. A _ AL 3. Room and space dimensions less than required by this code. AL 4. Dampness of habitable rooms. �L 5. Violation of any applicable provision of Ordinance No. 7583, an ordinance adopting a Health Code, adopted August 25, 1959, as determined and reported to 1 '; A the building official by the health officer. � (b) Structural Hazards. 1. Deteriorated or inadequate foundations. ' A 2. Defective, deteriorated or inadequate size flooring and/or floor supports. L nA 3. Defective, deteriorated or inadequate size members of walls, partitions other vertical supports. ns or A 4. Defective, deteriorated or inadequate size ceiling, roof or other horizontal A supports. L5. Defective, damaged or inadequately constructed fireplace or chimney. A (c) Inadequate or Hazardous Wiring. 1. Lack of required electrical lighting nL or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied electric convenience outlets or one such L convenience outlet and one supplied electric fixture. Every water closet compart- meet, bathroom, laundry room, furnace room and public hallway in such occu- A panties are required to contain at least one supplied electric fixture. A 2. All wiring except that which conformed with all applicable laws in effect at A the time of installation and which has been maintained in good condition and is L being used in a safe manner. A A (d) Inadequate or Faulty Plumbing. 1. Lack of plumbing fixtures required L elsewhere in this code. A2. All plumbing except that which conformed with all applicable laws in effect Aat the time of installation and which has been maintained in good condition and which is free of cross connections. 814.62 1988 EDITION .(e) Inadequate or Faulty Mechanical Equipment. 1. Lack of safe, adequate L heating facilities in a dwelling, apartment house or hotel. n 2. Lack of, or improper operation of, required ventilating equipment. t. 3. All mechanical equipment, including vents, except that which conformed n with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (f) Faulty Weather Protection. 1. Lack of a sound and effective roof covering. 2. Lack of a sound and effective exterior wall covering. 3. Broken windows and doors. 4. Deteriorated or ineffective waterproofing of foundation walls or floor. (g) Faulty Materials of Construction. Any material of construction except those which are allowed or approved by this code and which have been adequately maintained in good and safe condition. (h) Hazardous or Insanitary Premises. Those premises on which an accumu- lation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat ( harborages, stagnant water, combustible materials, and similar materials or con- ditions which constitute undue fire, health or safety hazards. (i) Hazardous Buildings. Any building or portion thereof which is determined to be an unsafe building as defined in Section 203 of this code. 0) Inadequate Exits. All buildings or portions thereof not provided with exit ( facilities as required by this code except those buildings or portions thereof whose _. exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants. (k) Fire Hazard. Any building or portion thereof, device, apparatus, equip- ment, combustible waste or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fine E° or explosion arising from any cause. (1) Inadequate Fire Protection or Fire -fighting Equipment. All buildings or portions thereof which are not provided with the fire -resistive construction or fin -extinguishing system or equipment required by this code, except those build- ings or portions thereof which conform with all applicable laws at the time of their construction and whose fin -resistive integrity and fire -extinguishing systems and equipment provide adequate fin safety. (� (m) Improper Occupancy. All buildings or portions thereof occupied or used for any purpose for which they were not designed or intended to be used. (n) Abandoned Buildings. All buildings or portions thereof which are aban- doned, open or vandalized or both. — (o) Unfinished Relocated Buildings or Structures. Buildings or structures or portions thereof as described in Section 6811. Substandard Property Sec. 9905. Any one or more of the following conditions shall constitute substandard property. (a) Substandard buildings; 814.63 9905 UNIFORM BUILDING CODE LA (b) Unpainted buildings causing dry rot, warping and termite infestation; (c) Broken windows constituting hazardous conditions and inviting trespassers A and malicious mischief, A (d) Overgrown vegetation causing detriment to neighboring properties or A Property values. L (e) Dead trees, weeds and debris: L1. Constituting unsightly appearance, or A 2. Dangerous to public safety and welfare, or A 3. Detrimental to nearby property or property values. A (f) Trailers, campers, boats and other mobile equipment stored for unreasona- A ble periods in yard areas contiguous to streets or highways and causing deprecia- A tion of nearby property values; L (g) Inoperable or abandoned motor vehicles stored for unreasonable periods on L the premises and causing depreciation of nearby property values; L (h) Attractive nuisances dangerous to children in the form of: L 1. Abandoned and broken equipment, or A2. Neglected machinery. (i) Broken or discarded furniture and household equipment in yard areas for L unreasonable periods; L 0) Clothesline in front yard areas; (k) Garbage cans stored in front or side yards and visible from public streets, A except when placed in places of collection at the times permitted and in full LL compliance with Section 1707 of Ordinance No. 5860, entitled "The License Ordinance," adopted November 27, 1951; LL 0) Packing boxes and other debris stored in yards and visible from pubic streets L for unreasonable periods; l A(m) Neglect of premises: A 1. To spite neighbors, or L 2. To influence zone changes, granting of exceptions or special use permits, or AA3. To cause detrimental effect upon nearb y property or property val L begin) Maintenance of premises in such condition as to be d ues; th, safer or etnmental to the public L y general welfare or in such manner as to constitute a public A nuisance as defined by Civil Code Section 3480; L (o) Property including but not limited to building exteriors which are main- Atained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes a the A Property values of surrounding property oris materiallypreciable detrimental toion oproximal L ProPcrdes and improvements. This includes but is not limited to the keeping or L disposing of or the scattering over the property or premises of any of the follow- ` A ing: L1. Lumber, junk, trash or debris; A 2. Abandoned, discarded or unusued objects of equipment such as automo- 814.64 C-1. 1988 EDITION 9905-9908 biles, furniture, stoves, refrigerators, freezers, cans or containers; A - 3. Stagnant water, or excavations; L. 4. Any device, decoration, design, fence, structure, clothesline or vegetation A - L which is unsightly by reason of its condition or its inappropriate location; L (p) Maintenance of premises so out of harmony or conformity with the mainte- to - nance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. A L (q) Property maintained (in violation of the rights of others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic A maladjustments to such an extent that the capacity to pay taxes is reduced and tax A receipts from such particular area are inadequate for the cost of public services L rendered therein. A L (r) Grading which does not meet the minimum standards set forth in Chapter 70 to of this code or which is done in violation of this code or any other county or state L law regulating grading. L : BuildingRehabilitation A Appeals Board . �::=�-. -- �-� - r A L See. 9906. In order to hear appeals provided farm Chapttr98 and in this A chapter, thereshall be and is hereby created abuilding rehabilitiiiion appeals board L consisting of five members who are qualified to pass on matters pertaining to L;:•„ substandard buildings and property. The members of the board shall be appointed � _ by and hold office at the pleasure of the board of supervisors and may recommend A such new legislation as deemed necessary. The board shall adopt reasonable rules A and regulations for conducting its investigations. The county engineer shall be an A ex officio nonvoting member and act as secretary. He shall keep a record of all A proceedings and notify all parties concerned of the findings and decisions of the L board. A L t' Alternates A A Sec. 9907. Every member of the board of appeals (created by Section 206) is an A ex officio alternate member of the building rehabilitation appeals board and may L _ serve in the place and stead of any regular member of the rehabilitation appeals L board who is absent from any meeting and, at such meeting, shall bb deemed to be A a regular member of the building rehabilitation appeals board. A LA Determination by County Engineer A Sec. 9908. Whenever the county engineer determines by inspection that any existing building or portion thereof is substandard or any lot or other premises is A substandard, or both, as defined in this chapter, such building or premises, or A both, we hereby declared a public nuisance, and the, county engineer shall order L the abatement of the nuisance by demonlition, repair or rehabilitation of the L substandard building or portion thereof or at the option of the party concerned by dennUtion 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 A that the substandard conditions be removed. L A 814.65 i •. f 9909-9912 UNIFORM BUILDING CODE A Informal Notice L Sec, 9909, When the county engineer has so found, in addition to any notices A hereafter required by this chapter, he may give to the occupants of the substandard L property, and to any other person whom he deems should be so notified, informa- A tion concerning the provisions of this chapter, any violation thereof, how the Arson notified may comply and any other information as he deems expedient. He A may post such information on the substandard property or on the substandard AL building. L Notice of Substandard Building A Sec. 9910. If, in the opinion of the county engineer, a building is found to be L substandard as defined in this chapter, the county engineer shall give to the party Aconcerned written notice stating the defects thereof. AThe notice may require the owner or person in charge of the building or Apremises to complete the required repairs, improvements, demolition or removal A of the building or portions thereof within 30 days, or such other time limit as the L county engineer may stipulate. Such notice may also require the building, or nportion thereof to be vacated and not reoccupied until the required repairs and L improvements are completed, inspected, and approved by the county engineer. A L person notified to vacate a substandard building by the county engineer shall Lvacate within the titre specified in the order. L ExCE ON; Whenever any building or structure or portion thereof consti- tutes an immediate hazard to life or property. and in the opinion of the county Lengineer the conditions are such that repairs or demolition or other work necessary to A abate the hazard must be undertaken sooner than provided by the procedures set forth Ain this chapter, he may make such alterations or repatn, or cause such other work to L be done to the extent necessary to abate the hazard or demolish the building or Lstructure or portions thereof as are necessary to protect life or property, or both, after Agiving such notice to the parties concerned as the circumstances will permit or Awithout any notice whatever, when, in his opinion, immediate action is necessary. L . A A Notice of Substandard Property L Sec. 9911. If,, in the opinion of the county engineer, property is found to be Lsubstandard property as defined in this chapter, the county engineer shall give to L the party concerned written notice stating the conditions which snake the property A substandard. A 'lite notice may require the owner or person in charge of the premises to remove within 30 days, or other time limit which the county engineer may stipulate, the L A Conditinas which cause the property to be substandard. If, in order to comply with Asuchaorioe, it is necessary to remove any vehicle or any part thereof, such notice L shall itaefede a description of such vehicle and the correct identification number L and iiesnae number, if available at the site. A A Combining Notices A Sec. 9912. A notice of substandard property and of a substandard building on L such property may be combined into one notice. A 814.66 1988 EDITION 9913-9915 Service of Notice t Sec. 9913. Proper service of a notice provided for in Sections 9910, 9911 and L i 9912 shall be by personal service or by registered'or certified mail upon every L party concerned, by posting on the substandard building, if any, and upon the t. substandard property, if any, a copy of the notice. It shall be deemed a reasonable A effort has been made to serve such notice when registered or certified letters have A been mailed to the address of the interested party as shown on the official record. A When an address is not so listed or contact cannot be made at the listed address, the t r service shall be by posting on the substandard building, if any, otherwise upon the A substandard property, a copy of the notice. The designated t g period within which the owner or persons in charge is required i to comply with such notice shall begin as of the date he receives such notice by A personal service or registered or certified mail. If such notice is by posting, the A designated period shall begin 10 days following the date ofposting. A Failure of any owner, party concerned or other person to receive such notice L shall not affect the validity of any proceedings taken hereunder. t A Other interested Parties t A Sec. 9914. If the Notice of Substandard Building or Property requires the repair L or demolition of any building and if the demolition or other work necessary to A remove the substandard conditions set forth in such notice is not completed within A the time specified in such notice and the county engineer intends to directly L proceed to demolish the substandard building or portions thereof, or cause such L other work to be done to the extent necessary to eliminate the hazard or other t substandard conditions which have been found to exist and, by a document recorded in the office of the Department of Registrar -Recorder prior to the z recordation of the Declaration of Substandard Building or Property, whether such A document describes the property or not, it a concerned, has any right, title, lien or interest sin at a person other than a party t thereof, and such person has not previously been noted of the substandard or any portion A building or property conditions or previously been served a copy of the Notice of A Substandard Building or Property and the address of such own to the A county engineer or can be ascertained by the exercise ofd diligetnckenthe county, L engineer shall serve a copy of the Notice of Substandard Buildin or Pro t such person as provided in this chapter. Such g lty on A the building rehabilitation a person may request a hearing before t the board within 10 days of the recei t o request must be made in writing to ubstandard A Building or property. If a Notice of SubstandardPropertydoes not of the Notice of S quire the A reps or demolition of any building no notice need be given to any person other A than a party concerned. t Declaration of Substandard Building or Property A Sec. 9915. The county engineer may file with the Department of Registrar_ A Recorder a declaration that a substandard building or substandard property or A both have been inspected and found to be such, as defined in this chapter, and that A all parties concerned have been or will be so notified. After the county engineer L 814.67 UNIFORM BUILDING CODE 9915-9917 L finds that the public nuisance has been abated and either that such abatement has osts have been accomplisaced hed at no cost to assessmehe nt pursuant toor that such Section '25845 of the A upon the tax rolls as a special re- l A Government Code, or when the county engineer's jurisdiction has been p Aempted by government acquisition of the property, he shall record in the Depart - Ag -Recorder a document terminating the above declaration. menu of Reistrar L A posting of Signs L sled at such substandard A Sec, 9916. The county engineer may cause to be posted L rt a notice of substandard building or property andlor a sign to A building or prop` Y OR DAMAGE, BY A read: "SUBSTANDARD BUILDING, DO NOT ENTER L ORDER OF THE DEPARTMENT OF PUBLIC WORKS, BUILDING AND A L SAFETY DIVISION, COUNTY OF LOS ANGELES "Such sign may contain _ Lunty engineer such additional information and warnings as in the opinionuntil theereo aired paw q L are expedient. Such notice or sign shall remain lana are completed. Such notice A demolition, removal, barricading or property p engineer and if the 1 A or sign shall not be removed without permission of the county gfor A substandard building has been ordered pairs or of demolishinno person g husubstandard A the purpose of making the required rep A building. Cr L ` A Right of Hearing and Rehearing right, title, lienor interest in L on having any gh .%j A Sec, 9917. (a) Hearing. Any pets re quest a hearing the property or any part thereof, or the county engineer, mrtyate the building or Lregarding the substandard` o b tW n ofaon other than thor e county engineer shall fter A Property is posted. A req Y Y b L made in writing to the building rehabilitation appeals board within 30 day A the building or property is posted. All persons who desire to be heard may appear L abs board to show that the building or A before the building rehabilitation We even A property is or is not substada a t barricaded, demolishedcause why ` epaired,,reh bili- A substandard, should not be or tated or vacated. aid to the county engineer whenever A (b) Rehearing. A fee of 5200.0 shall be p L a person requests a rehearing before the building rehabilitation appeals board to l Q request postponement of county action leading to demolition, removal, te At such a ring,barrthe A ing, property cleanup or other atmitted and after such consideration may fi d board will consider all evidence sthat further A that a postponement is warranted �► abatement work coso order, or may ftnsidered necesssaaryt onbe L ment is unwarranted and order any Aard may i performed by a specified date after which date the county engineer shall cause L such work to be performed or completed t Hanan[ d and order that e. The no further A also fid that further rehearing or all of the required work. In the; j Arehearings will be granted with respect to any rejectneer shall any request for further event of such order, the county `ogles trndered and any such request shall be A rehearing L rehearings and return any on the matter and in no way shall they postpone any considered to have no bearing A 814.68 1988 EDITION 9917 abatement action ordered by the board as a result of a rehearing granted under this A section. Nothing in this section shall prevent the board itself or the county n engineer from bringing any matter before the board for rehearing. L The county engineer or a person affected may be granted a rehearing without L payment of the prescribed fee, provided the county engineer first determines and IA. recommends that: A 1. The purpose of the rehearing is for an extension of time to complete work L ordered by the board and, A 2. Substantial progress has been made in accordance with the intent of the last board order; or, L A L 3. Circumstances warrant further review by the board. A The county engineer shall notify every person who has requested a rehearing of n the time and place thereof or the denial thereof as provided in Section 9920 of this n code, except a person who has waived such notice. The county engineer may, but L is not required, to give such notice of hearing to other persons concerned. A The county engineer shall notify all persons who either have requested a A rehearing or who have corresponded with the county engineer concerning the case A of the action of the building rehabilitation appeals board. A (c) Vehicles To Be Removed. The owner of such vehicle or the owner of the L land on which such vehicle is located may request a hearing. This request shall be n made in writing to the building rehabilitation appeals board within 10 days after L the mailing of notice of intention to abate and remove the vehicle. If the owner of L the land on which the vehicle is located submits a sworn written statement L denying responsibility for the presence of the vehicle on his land within such time A period, this statement shall be construed as a request for hearing which does not A require the presence of the owner submitting such request. If such a request is not L received within such period, the county engineer shall have the authority to n remove the vehicle. L (d) All persons described in Subsection (a) above shall be notified that prior to n abatement of the public nuisance by the county, they are entitled to a hearing L before the building rehabilitation appeals board. However, if they do not request L in writing a hearing before the building rehabilitation appeals board within 30 L days of notification, or if they fail to appear at such a hearing which they have A L requested, they will be deemed to have waived their right to a hearing before the A building rehabilitation appeals board. L A (e) Delegation of Board of Supervisors Hearing. Pursuant to Government A Code Section 25845, Subsection (f), the board of supervisors has delegated to the A Witting rehabilitation appeals board the hearing, prior to abatement of a public n aatiance, required by Subsection (a) of Government Code Section 25845. The n bdWbg rehabilitation appeals board will hear all such hearings, as are requested L ander Section 9917, and will make written recommendations to the board of A supervisors after each hearing. The board of supervisors may adopt the recom- L mendations without further notice of hearing, or may set the matter for a de novo A hearing before the board of supervisors. n 814.89 UNIFORM E BUILDING COD 9918 X23 Appeals Board n and - But Rehabilitation els board shall hold. a hearing t t Hearing by rehabilitation appeals pertaining t0 L Sec. 9918. The building Person pe A consider all competent evidence offered Cetany make written findings of fact as L in the report of the county le board shall or substandard A set forth building The building ,habilitation iapOr t mals is a substandard A to whether or north s chapter. Aproperty as defined m this nests a a L ested r any other peTsOn requests A Hewing Not Rech engineer no L 9919. If neither the county eng t forth in the Notice of Substandard d the substandard conditionva�h n the time specif ied in such cause such leted structures, or mayd other A hearing or property isnot comp rtions of the a h�uds an LBuilding demOlish such p0 to eliminate th A county engineer may a extent necessary other done to th en found to exist. t work to be I IN substandard conditions which had be_ A nests ahearing L other person, reg ANotice 0114 ewing Ly engineer, or anY 17 of this code, the building L Sec. 9920. If either thepvided in Section 99 10 days prior to the proper time Notlessthan either in the A within and hold such singe Aabilitatioaappealsbo 1 serve or cause to be served L reh en ineer shat ons or by fust class matlsc postage A the hearing the county g every person whLiar rtbe L r nquised by law for the service of summ or SubstandardYiO Y A mann of the Notice of Hearing Building A requires thataid, a pthe Notice of Substandard L served. ' L Form and Contents of Notice shall state. t• 9921. The notice 0f luar►a8�uription sufficient fo s cheated ation of tl1O L 1. The street address and or upon which the building believed that the A premises which is substandard of which the county engineer L 2. The conditions be A rty is substandard, A building or �0 hotu and place of the he L g The date, n in a A of the notice of hearing L posting of Notleceo� y stone copy if anY• othen'lise on the t engineer shall PO involved, 2• Th a substandard building ticuous Place pcY not less than to days prior to the hearing• A con5p L substandard e A els board finds that L rehabilitation appeals public nuisance and AOrder 9923 when the building declared a p Sec- Bard building, it is hereby building or A building is a substan s the said board shall order the abatement of this nuisance by of the substandard olition os A ba�uponitsfindmg repair or rehabil�oncemed, by the dem Lceding, demolition, prion of the party Aon thereof or at the op 814.70 9923-9926 1988 EDITION demolishment thereof. The order also may require that the substandard building be vacated. The order shall state a reasonable time within which the work shall be com pleted which shall not be less than 10 days after the service of this order. The board for good cause may extend the time for completion in writing Order—Substandard Property rt is substandard property, it is Sec. 9924. When the board finds that any Pro Pe Y hereby declared a public nuisance and based upon its f codings, the said board shall order the abatement of the nuisance by such means as the said board ee tmhs most feasible.. If such mans include the removal of any vehicle or any p such order shall include a description of such vehicle and the correct identification number and license number, if available at the site. Work by Private Party Sec, 9925. Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the county does so, but if such person Notice of Substandard does such work after the time specified in the uested, otherwise ter Building i o Substandard Property if no hearing was reg appeals board, all costs specified in the last order of the building rehabilitation incurred by the county in preparation for the doing of such work are chargeable the property and shall be collected as provided in Section 9928 and Section 9929 If such work is completed after coountyor shall receiv, engineer or purchasing the sum f $100. awarded a contract for such work, for his overhead and incidental expenses, unless specifically excluded shall ll tract, and such sum of $ 100.00 plus the amount specified in Section 9927 shall the costs incurred by the county. if such work is completed before the coup engineer or purchasing agent has awardedon tract, the amount specified Section 9927 shall be the costs incurred by y L A L A L A L A L A L A L L A L L A L L A L A L A L L i A time A L t0 A L has L L n L. be A count A in A L A L A Work by County requires the repair or Sec. 9926. (a) procedures. If the order of the board req with within the A L demolition of any building, the order of the board is not.complied board and the Public records show that there is any A period 'designated by the poison who has any right, title or interest in the property or any part thereof by of the Declaration of. L A riot to the recordation virtue of a document duly recorded p nt describes such prop - or Property, whether such document Substandard Building erty or partthereof, or not, and such person has not been previously notified of the of the case, the county engineer shall A L action. of the board during the processing as in Section 9920 a notice of the action of the n serve upon such person provided ba�dwhich notice also shall contain a statement that the county will demolish the to remove the substandard L A L building or take such other action as be necessary conditions unless such Person, within 10 days, requests, in writing, a hearing. if hold such hearing as provided A A such person requests such a hearing the board shall at which hearing the board shall re -determine the facts and make a A in this chapter 814.71 9928.9929 UNIFORM BUILDING CODE new order as provided in Section 9923 and the former order shall cease to be of any force or effect. If any board order made pursuant to Section 9923 or 9924 and not superseded, or any order made pursuant to this section is not complied with within the period designated, the county engineer may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the board. If the order of the board does not require the repair or demolition of any building no notice of such order need be given to any person other than the party concerned. (b) Emergency Procedures. When in the opinion of the county engineer a f substandard structure or portion thereof is an immediate hazard to life and property, and the abatement of such hazard requires action pursuant to the exception in Section 9910, the county engineer may then demolish the substand- ard building, or portion thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard. Costs Sec. 9927. The costs involved in the demolition or other work by the county i engineer, including in addition to other costs the applicable processing costs as set ' forth in Table No. 99-A, shall become a special assessment against the property. F' L Notification of Costs ^� ASec. 9928. The county engineer shall notify, in writing, all parties concerned and all persons notified pursuant to Section 9914, 9917, or 9926 of the amount of L such assessment resulting from such work. Within 5 days of the receipt of such L A notice any such party concerned and any other person having any right, title, or L A interest in the property or part thereof may file with the county engineer a written request for a hearing on the correctness or reasonableness, or both, of such L assessment. � Any such person who did not receive a notice pursuant to Section 9910, Section A 9911, Section 9914 or Section 9920, and who has not had a hearing on the A necessity of the demolition or other work, in such request for hearing also may ask A that such necessity be reviewed. The building rehabilitation appeals board there - A upon shall set the matter for hearing, give such person notice thereof as provided _ Section 9914, hold such hearing and determine the reasonableness or correct - Ain L ness of the assessment, or both, and if requested, the necessity of the demolition - A or other work. The building rehabilitation appeals board shall notify all such A persons of its decision in writing. A If the total assessment determined as provided for in this section is not paid in A full within 10 days after mailing of such notice by the county engineer, the county A engineer shall place such charge as a special assessment on the tax bill for the A property pursuant to Section 25845 of the government code. L Collection A Sec. 9929. The assessment shall be collected at the time and in the same manner A as ordinary county taxes are collected, and shall be subject to the same penalties 814.72 MLM and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of fr county taxes shall be applicable to such special assessment. Salvage Sec. 9930. If a building is demolished or necessary work done by the county pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows: 1. If the county enters into a contract with a private contractor, the county may provide. in such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage. 2. If the contract does not so provide or if the county does thevork without such a contract, the county may take title to such salvage and credit the reasonable value thereof on the costs incurred by the county. To any hearing pursuant to this section to determine the reasonable cost of doing the work, the building rehabili- tation appeals board also may determine the reasonable value, if any, of such - salvage. This section is permissive only and does not require that the value of such salvage be applied to the cost of the work. Interference Prohibited Sec. 9931. A person shall not obstruct, impede or interfere with the county engineer or any representative of the county engineer, or with any person who owns or holds any interest or estate in.a. substandard building which has been ordered by the county engineer or by the building rehabilitation appeals board to be barricaded, repaired, vacated and repaired or vacated and demolished or removed, or in any substandard property whenever the county engincer or such owner is engaged in barricading, repairing, vacating and repairing, or demolish- ing any such substandard building or removing any substandard conditions, pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto. Prosecution U. Sec. 9932. In case the owner shall fail, neglect or refuse to comply with the directions in the Notice of Substandard Building or Substandard Property (if neither he nor any other person requests a hearing) or with any order of the building rehabilitation appeals board, he shall be guilty of a misdemeanor and the county engineer may cause such owner of the building or property to be prose- cuted as a violator of this code. Other Abatement Procedures Sec. 9933. The provisions of this chapter shall not in any manner limit or restrict the county or the district attorney from enforcing county ordinances or abating public nuisances in any other manner provided by law. 814.73 L �.. A L L L A L L A L - A L A L A L L V A L A L p A n L 2 IL a A L A AL . A L L A L A L A L A L A L A L A L L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A ehicles Sec. 9934. (a) Adoption by Reference of section 22661 of Vehicle Code. All f the provisions of this chapter relating to the abatement and removal, as public uisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property arc enacted pursuant to Vehicle Code Section 2661. All of the provisions of Section 22661 of the Vehicle Code are hereby dopted by reference as a part of this ordinance. In the case of any conflict between the provisions of this chapter and the provisions of said Section 22661, - C (g) Proof of Nonresponsibility. The owner o any hearing which has been removed was located may appear in person at any provided for in this chapteror present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not C subsequently acquiesced in its presence, then the county shall not assess costs of adrninistration or removal of the vehicle against he ch vehicle was located or otherwise attempt to ollecttsuch costs property fr upon u h o� nere 814.74 Section 22661 shall prevail. r- . provisions of said (b) Notification of Department of Motor Vehicles. Within 5 days after the county or any officer thereof removes, pursuant to this chapter, any vehicle or any the county engineer shall so notify the Department of Motor Vehicles (... part thereof, identifying the vehicle or part thereof. t (c) Notification of Highway Patrol. Not less than 10 days before the hearing shall notify the California provided for in Section 9920 the county engineer Highway Patrol thereof identifying the vehicle or part to be removed. y 1 r (d) Not to Be Reconstructed. A person shall not reconstruct or make operable by county to this chapter. any vehicle which has been removed the pursuant (e) Exceptions. A vehicle or any part thereof shall not be removed pursuant to this chapter if such vehicle or part is: within a building in a lawful manner where it is not r 1. Completely enclosed visible from the street, highway or other public or private property, or property in connection with 2. Stored or parked in a lawful manner on private a licensed dismantler, licensed vehicle dealer or junkyard. This the business of exception does not authorize the maintenance of a public or private nuisance. (f) Registration of Vehicle. If any vehicle is removed pursuant to this chapter, county engineer shall forward to the Department of Motor Vehicles an t the . evidence of registration available, including registration certificates, certificates of title and license plates. f land upon which a vehicle (g) Proof of Nonresponsibility. The owner o any hearing which has been removed was located may appear in person at any provided for in this chapteror present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not C subsequently acquiesced in its presence, then the county shall not assess costs of adrninistration or removal of the vehicle against he ch vehicle was located or otherwise attempt to ollecttsuch costs property fr upon u h o� nere 814.74 99-A 1988 EDITION t TABLE NO. 99-A A L REHABILITATION PROCESSING FEES A _ Fee t A service ............. a1s0.o0 L Investigation and processing .................... 200,00 A Preparation of fob specifications .............. approval 100.00 L Board of Supervisors or city council approval ....... 80.00 n Contract performance inspection ........... x.00 t Billing._................................................ 60.00 A Record special assessment............... 100.00 n 1' Filing of special assessment .................. . 814.75 ORDINANCE NO. OF THE CITY COUNCIL OF TUB CITY REPEALING CHAPTER 15.30 (HOUSING AN ORDINANCE OF DIAMOND BAR BAR CITY CODS, AS HERETOFORE CODE) OF THE DIAMOND CgAPTER 15.30 TO TRZ DIAMOND ADOPTED, ADDING A NEW ING, BY REFERENCE, THE BAR CITY CODE AND �� ILITATZON CHAPTER 99 OF BUILDING AND PROPERTY RBHAS BUILDING CODE, TITLE 26 OF .THB LOS ANG=LTI, CERTAIN M8NT81 1968 EDITION TOGINTSIO BAND EBCBPTIONS, FEES AND INCLUDING ADDITIONSpBNu,TI88. A. Recitals. of Division 1 of 1 Article 2 of Chapter 1 of Part 1 ( )Government Code Title 5 (550020, et seq.) of the California authorizes the adoption, by reference, of the uniform codes. (ii) At least one copy of each of the codes and (" ) true standards identified in this Ordinance and certified as full, correct copies thereof by the City Clerk of the City o and Clerk of the City of Bar have been filed in the office of the city of California Diamond Bar in accordance with the prow Government Code 550022.6• Public hearing, as required by A duly no p (iii) has been conducted and was California Government Code S50022.3, concluded prior to the adoption of this Ordinance. All legal prerequisites to the adoption of this Ordinance have occurred. 1 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: 2 "Chapter 15.30 "Building and Property Rehabilitation "sections: 1115.30.010 Building and Property Rehabilitation - Adopted 1115.30.020 Section 9902 - Amended 1115.30.030 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 2 "15.30.010 Building and Property Rehabilitation Adop ed "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. 1115.30.020 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. "15.30.30 section 99 U9) 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: 3 ,,(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. 1915.30.40 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: 11(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. 1115.30.050 Section 9904(o) - Deleted. "Section 9904(0) 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. 1115.30.060 section 9 05 - en d• "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 follow: "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. 4 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. 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 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 S. 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 5 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. Section 7. This Ordinance shall remain in effect only until August 12, 1994, and as of such date is repealed, unless a later adopted ordinance, deletes or extends such date. Section S. The City Clerk shall certify to the adoption 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. Mayor N. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the , and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City Diamond Bar 7 1988 EDITION 9901-9903 Chapter 99 A BUILDING AND PROPERTY REHABILITATION i A L Scope Sec. 9901. (a) General. The provisions of this chapter shall apply to all A L substandard buildings, substandard structures and substandard property. L A (b) Existing Buildings. Occupancies in existing buildings maybe continued as A provided in Section 104 (g) except in such structures as are found to be substand- AL and as defined in this chapter and ordered vacated or as are found to be unsafe as L j defined in Section 203. A L Definitions A L A Sec. 9902. For the purposes of this chapter, and in addition to the definitions set A forth in the previous chapters of this code, certain terms, phrases and words and A their derivatives shall be defined as set out in this section. Words used in.the L singular include the plural and vice versa. A L (a) BOARD is the building rehabilitation appeals board as set forth in Section (A. 9906. L (b) BUILDING is any structure. A A (c) COMPLETION. Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section i 9903 (b), the terms "demolition, improvement, removal, repair or rehabilita- A tion," as used in this chapter shall include "completion" L A (d) DEMOLITION. Whenever the word "demolish" or "demolishment" is AL used in this chapter, it shall include the removal of the resulting debris from such L demolition and the protection by filling of excavations exposed by such demoli � A tion and abandonment of sewer or other waste disposal facilities as may be required by this code or other ordinances or laws. A (e) PARTY CONCERNED. As used in this chapter "party concerned" means the if any, in real or apparent charge and control of the premises involved, L A person, the record owner, the holder of any mortgage, trust deed or other lien or encum- AL brance of record, the owner or holder of any lease of record, the record holder of L any other estate or interest in or to the building or structure or the land upon which "record" � it is located. As used in this paragraph all reference to means matters of A record in the Department of Registrar -Recorder of the County of Los Angeles L which definitely and specifically describes the premises involved. A (f) VEHICLE—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 A highway, excepting a device moved by human power or used exclusively upon A stationary rails or tracks. L A Definition of Substandard Building A Sec. 9903. (a) Any building or structure or portion thereof, or the premises on L which the same is located, in which there exists any of the conditions listed in A 814.61 9903-9904 UNIFORM BUILDING CODE A Section 9904 to an extent that endangers the life, limb, health, property, safety or A welfare of the public or occupants thereof, shall be deemed and hereby is declared L to be a substandard building. A (b) Any unfinished building or structure which has been in the course of t' Lconstruction an unreasonable time, in no event less than 5 years, and where the appearance and other conditions of said unfinished building or structure are such A that the unfinished structure substantially detracts from the appearance of the A immediate neighborhood or reduces the value of property in the immediate A neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared L to be a substandard building. A A Substandard Conditions A Sec. 9904. Substandard building conditions shall include but are not limited to A the following: A (a) Inadequate Sanitation. 1. Lack of hot and cold running water to plumbing A fixtures in a hotel or dwelling unit. LA 2. Lack of the minimum amounts of natural light and ventilation required by L this code. L 3. Room and space dimensions less than required by this code. A 4. Dampness of habitable rooms. L 5. Violation of any applicable provision of Ordinance No. 7583, an ordinance A L adopting a Health Code, adopted August 25, 1959, as determined and reported to `s. A the building official by the health officer. LA (b) Structural Hazards. 1. Deteriorated or inadequate foundations. A 2. Defective, deteriorated or inadequate size flooring and/or floor supports. L3. Defective, deteriorated or inadequate size members of walls, partitions or A other vertical supports. [A. 4. Defective, deteriorated or inadequate size ceiling, roof or other horizontal A supports. A 5. Defective, damaged or inadequately constructed fireplace or chimney. A (c) Inadequate or Hazardous Wiring. 1. Lack of required electrical lighting A or convenience outlets. In existing residential occupancies, every habitable room A is required to contain at least two supplied electric convenience outlets or one such A convenience outlet and one supplied electric fixture. Every water closet compazt- L ment, bathroom, laundry room, furnace room and public hallway in such occu- A pancies are required to contain at least one supplied electric fixture. A 2. All wiring except that which conformed with all applicable laws in effect at A the time of installation and which has been maintained in good condition and is L being used in a safe manner. A A (d) Inadequate or Faulty Plumbing. 1. Lack of plumbing fixtures required L elsewhere in this code. � 2. All plumbing except that which conformed with all applicable laws in effect AA at the time of installation and which has been maintained in good condition and which is free of cross connections. 814.62 1988 EDITION 9904-9905 (e) Inadequate or Faulty Mechanical Equipment. 1. Lack of safe, adequate A heating facilities in a dwelling, apartment house or hotel. A 2. Lack of, or improper operation of, required ventilating equipment. A 3. All mechanical equipment, including vents, except that which conformed A with all applicable laws in effect at the time of installation and which has been L maintained in good and safe condition. A L (f) Faulty Weather Protection. 1. Lack of a sound and effective roof covering. L 2. Lack of a sound and effective exterior wall covering. A L 3. Broken windows and doors. L L 4. Deteriorated or ineffective waterproofing of foundation walls or floor. (g) Faulty Materials of Construction. Any material of construction except L those which are allowed or approved by this code and which have been adequately L maintained in good and safe condition. A (h) Hazardous or Insanitary Premises. Those premises on which an accumu- A lation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat A harborages, stagnant water, combustible materials, and similar materials or con- A ditions which constitute undue fire, health or safety hazards. L (i) Hazardous Buildings. Any building or portion thereof which is determined n to be an unsafe building as defined in Section 203 of this code. (j) Inadequate Exits. All buildings or portions thereof not provided with exit L (� facilities as required by this code except those buildings or portions thereof whose A exit facilities conformed with all applicable laws at the time of their construction A _. and provide adequate safe exits for the building occupants. A (k) Fire Hazard. Any building or portion thereof, device, apparatus, equip L ment, combustible waste or vegetation which is in such a condition as to cause a � fire or explosion or provide a ready fuel to augment the spread and intensity of fire L or explosion arising from any cause. L p) Inadequate Fire Protection or Fire -righting Equipment. All buildings or L portions thereof which are not provided with the fire -resistive construction or A fire -extinguishing system or equipment required by this code, except those build- A ings or portions thereof which conform with all applicable laws at the time of their A construction and whose fire -resistive integrity and fire -extinguishing systems L and equipment provide adequate fire safety. L (m) Improper Occupancy. All buildings or portions thereof occupied or used A A for any purpose for which they were not designed or intended to be used. (n) Abandoned Buildings. All buildings or portions thereof which are aban- A doned, open or vandalized or both..: - IA. (o) Unfinished Relocated Buildings or Structures. Buildings ors tructures or ` portions thereof as described in Section 6811. L A' l Substandard Property L � Sec. 9905. Any one or more of the following conditions shall constitute L substandard property. i (a) Substandard buildings; A ` 814.63 t i z 9905 UNIFORM BUILDING CODE (b) Unpainted buildings causing dry rot, warping and termite infestation; (c) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; i (d) Overgrown vegetation causing detriment to neighboring properties or - property values. (e) Dead trees, weeds and debris: 1. Constituting unsightly appearance, or 2. Dangerous to public safety and welfare, or 3. Detrimental to nearby property or property values. Trailers, campers, boats and other mobile equipment stored for unreasona- Pe- ble periods in yard areas contiguous to streets or highways and causing deprecia- tion of nearby property values; (g) Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values; (h) Attractive nuisances dangerous to children in the form of: 1. Abandoned and broken equipment, or 2. Neglected machinery. (i) Broken or discarded furniture and household equipment in yard areas for unreasonable periods; 0) Clothesline in front yard areas; r (k) Garbage cans stored in front or side yards and visible from public streets,71 except when placed in places of collection at the times permitted and in full compliance with Section 1707 of Ordinance No. 5860, entitled "The License Ordinance," adopted November 27, 1951; (1) Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods; (m) Neglect of premises: 1. To spite neighbors, or 2. To influence zone changes, granting of exceptions or special use permits, or 3. To cause detrimental effect upon nearby property or property values; (n) Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3480; (o) Property including but not limited to building exteriors which are main- tained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes but is not limited to the keeping or . disposing of or the scattering over the property or premises of any of the follow- ing: 1. Lumber, junk, trash or debris; 2. Abandoned, discarded or unusued objects of equipment such as automo- 814.64 1988 EDITION 9905-9908 L biles, furniture, stoves, refrigerators, freezers, cans or containers; A 3. Stagnant water, or excavations; L A 4. Any device, decoration, design, fence, structure, clothesline or vegetation L which is unsightly by reason of its condition or its inappropriate location; A (p) Maintenance of premises so out of harmony or conformity with the mainte- A nance standards of adjacent properties as to cause substantial diminution of the n enjoyment, use or property values of such adjacent properties. L (q) Property maintained (in violation of the rights of others) so as to establish a L prevalence of depreciated values, impaired investments, and social and economic L maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services L rendered therein. L A (r) Grading which does not meet the minimum standards set forth in Chapter 70 L of this code or which is done in violation of this code or any other county or state L law regulating grading. L L Building Rehabilitation Appeals Board Sec. 9906. In order to hear appeals provided fDr 1n ChiptZr-98•and in this chapter, there shall be and is hereby created abuilding rehabiliotion appeals board t consisting of five members who are qualified to pass on mattepsertaining to j substandard buildings and property. The members of the board shall be appointed by and hold office at the pleasure of the board of supervisors and may recommend such new legislation as deemed necessary. The board shall adopt reasonable rules i and regulations for conducting its investigations. The county engineer shall be an ex officio nonvoting member and act as secretary. He shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the I board. I Alternates A Sec. 9907. Every member of the board of appeals (created by Section 206) is an A ex officio alternate member of the building rehabilitation appeals board and may A serve in the place and stead of any regular member of the rehabilitation appeals AL board who is absent from any meeting and, at such meeting, shall be deemed to be L a regular member of the building rehabilitation appeals board. L A L Determination by County Engineer L Sec. 9908. Whenever the county engineer determines by inspection that any L existing building or portion thereof is substandard or any lot or other premises is L substandard, or both, as defined in this chapter, such building or premises, or A both, are hereby declared a public nuisance, and the, county engineer shall order n the abatement of the nuisance by demonlition, repiir or rehabilitation of the L substandard building or portion thereof or at the option of the party concerned by L demolition 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. A 814.65 9909-9912 UNIFORM BUILDING CODE L Informal Notice A L Sec. 9909. When the county engineer has so found, in addition to any notices A L hereafter required by this chapter, he may give to the occupants of the substandard � property, and to any other person whom he deems should be so notified, informa- A tion concerning the provisions of this chapter, any violation thereof, how the Aperson notified may comply and any other information as he deems expedient. He A may post such information on the substandard property or on the substandard A building. Notice of Substandard Building Sec. 9910. If, in the opinion of the county engineer, a building is found to be substandard as defined in this chapter, the county engineer shall give to the party concerned written notice stating the defects thereof. The notice may require the owner or person in charge of the building or premises to complete the required repairs, improvements, demolition or removal of the building or portions thereof within 30 days, or such other time limit as the county engineer may stipulate. Such notice may also require the building, or portion thereof to be vacated and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the county engineer. A person notified to vacate a substandard building by the county engineer shall vacate within the time specified in the order. EXCEPTION: Whenever any building or structure or portion thereof consti- tutes an immediate hazard to life or property, and in the opinion of the county engineer the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this chapter, he may make such alterations or repairs, or cause such other work to be done to the extent necessary to abate the hazard or demolish the building or structure or portions thereof as are necessary to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in his opinion, immediate action is necessary. L Notice of Substandard Property N L A - Sec. 9911. If, in the opinion of the county engineer, property is found to be L substandard property as defined in this chapter, the county engineer shall give to A the party concerned written notice stating the conditions which make the property L substandard. A The notice may require the owner or person in charge of the premises to remove L A within 30 days, or other time limit which the county engineer may stipulate, the A conditions which cause the property to be substandard. If, in order to comply with L such notice, it is necessary to remove any vehicle or any part thereof, such notice A A shall include a description of such vehicle and the correct identification number L and license number, if available at the site. A A Combining Notices A Sec. 9912. A notice of substandard property and of a substandard building on Asuch property may be combined into one notice. 814.66 1988 EDITION 9913-9915 Service of Notice Sec. 9913. Proper service of a notice provided for in Sections 9910, 9911 and L A L 9912 shall be by personal service or by registered or certified mail upon every A _ _ party concerned, by posting on the substandard building, if any, and upon the LA substandard property, if any, a copy of the notice. It shall be deemed a reasonable L A effort has been made to serve such notice when registered or certified letters have L been mailed to the address of the interested party as shown on the official record. L When an address is not so listed or contact cannot be made at the listed address, the A service shall be by posting on the substandard building, if any, otherwise upon the A _ i substandard property, a copy of the notice. L The designated period within which the owner or persons in charge is required n to comply with such notice shall begin as of the date he receives such notice by L personal service or registered or certified mail. If such notice is by posting, the � designated period shall begin 10 days following the date of posting. L Failure of any owner, party concerned or other person to receive such notice A L shall not affect the validity of any proceedings taken hereunder. A L Other interested Parties A L A _. Sec. 9914. If the Notice of Substandard Building or Property requires the repair L A or demolition of any building and if the demolition or other work necessary to the substandard conditions set forth in such notice is not completed within _ A remove the time specified in such notice and the county engineer intends to directly A proceed to demolish the substandard building or portions thereof, or cause such A other work 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 recorded in the office of the Department of Registrar -Recorder prior to the A L recordation of the Declaration of Substandard Building or Property, whether such A ff document describes the property or not, it appears that a person other than a party A L �._ concerned, has any right, title, lien or interest in the property or any portion has not been notified of the substandard A A thereof, and such person previously building or property conditions or previously been served a copy of the Notice of Substandard Building or Property and the address of such person is known to the A L county engineer or can be ascertained by the exercise of due diligence, the county A engineer shall serve a copy of the Notice of Substandard Building or Property on A such person as provided in this chapter. Such person may request a hearing before a the building rehabilitation appeals board. The request must be made in writing to P the board within 10 days of the receipt of the copy of the Notice of Substandard I Building or Property. If a Notice of Substandard Property does not require the F repair or demolition of any building no notice need be given to any person other than a party concerned. E Declaration of Substandard Building or Property Sec. 9915. The county engineer may file with the Department of Registrar - Recorder a declaration that a substandard building or substandard property or both have been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. After the county engineer 814.67 814.68 9915-9917 UNIFORM BUILDING CODE A A finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the county, or that A such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Code, or when the county (� LGovernment engineer's jurisdiction has been pre- empted by government acquisition of the property, he shall record in the Depart- L ment of Registrar-Recorder a document terminating the above declaration. APosting of Signs A L Sec. 9916. The county engineer may cause to be posted at such substandard building or property a notice of substandard building or property and/or a sign to read: "SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE, LA BY ORDER OF THE DEPARTMENT OF PUBLIC WORKS, BUILDING AND �SAFETY DIVISION, COUNTY OF LOS ANGELES." Such sign may contain additional information and warnings nsuch as in the opinion of the county engineer are expedient. Such notice or sign shall remain posted until the required repairs, L demolition, removal, barricading or property cleanup are completed. Such notice L (A. or sign shall not be removed without permission of the county engineer and if the substandard building has been ordered vacated, no person shall enter fori A A except the purpose of making the required repairs or of demolishing the substandard building. L L Right of Hearing and Rehearing ASec. 9917. (a) Hearing. Any person having any right, tide, lien or interest in the property or any part thereof, or the j y county engineer, may request a hearing` regarding the substandard condition of a buildink or property after the building or _ ` LL A property is posted. A request by any person other than the county engineer shall be made in writing to the building rehabilitation appeals board A within 30 days after the building or property is posted. All persons who desire to be heard may appeaz L A before the building rehabilitation appeals board to show that the building or property is or is not substandard or to A show cause why the building, even if substandard, should not be ordered barricaded, demolished, repaired, rehabili- A tated or vacated. L(b) Rehearing. A fee of $200.00 shall be paid to the county engineer whenever A a person requests a rehearing before the building rehabilitation appeals board to A request postponement of county action leading to demolition, removal, barricad- L ing, property cleanup or other abatement procedure. At such a rehearing, the board will consider all evidence submitted ' LA and after such consideration may find that a postponement is warranted and so order, or may find that further postpone- A L ment is unwarranted and order any abatement work considered necessary to be performed by a specified date after which date L A the county engineer shall cause such work to be performed or completed without further notice. The board may L also find that further rehearings are not warranted and order that no further rehearings will be granted with respect to any or all of the required work. In the event of such order, the county engineer shall reject any request for further A rehearings and return any rehearing fees tendered, and any such request shall be An considered to have no bearing on the matter and in n, wnv cho. e... 8 814.68 1988 EDITION 9917 abatement action ordered by the board as a result of a rehearing granted under this section. Nothing in this section shall prevent the board itself or the county E_ engineer from bringing any matter before the board for rehearing. The county engineer or a person affected may be granted a rehearing without payment of the prescribed fee, provided the county engineer first determines and recommends that: 1. The purpose of the rehearing is for an extension of time to complete work , ordered by the board and, 2. Substantial progress has been made in accordance with the intent of the last board order; or, 3. Circumstances warrant further review by the board. I The county engineer shall notify every person who has requested a rehearing of the time and place thereof or the denial thereof as provided in Section 9920 of this I code, except a person who has waived such notice. The county engineer may, but j _ is not required, to give such notice of hearing to other persons concerned. i The county engineer shall notify all persons who either have requested a i rehearing or who have corresponded with the county engineer concerning the case P of the action of the building rehabilitation appeals board. t P (c) Vehicles To Be Removed. The owner of such vehicle or the owner of the land on which such vehicle is located may request a hearing. This request shall be Al made in writing to the building rehabilitation appeals board within 10 days after L the mailing of notice of intention to abate and remove the vehicle. If the owner of A ` the land on which the vehicle is located submits a sworn written statement A denying responsibility for the presence of the vehicle on his land within such time A period, this statement shall be construed as a request for hearing which does not L : require the presence of the owner submitting such request. If such a request is not A received within such period, the county engineer shall have the authority to L _'.. remove the vehicle. A L (d) All persons described in Subsection (a) above shall be notified that prior to IA. abatement of the public nuisance by the county, they are entitled to a hearing A before the building rehabilitation appeals board. However, if they do not request A in writing a hearing before the building rehabilitation appeals board within 30 A days of notification, or if they fail to appear at such a hearing which they have L requested, they will be deemed to have waived their right to a hearing before the a building rehabilitation appeals board. L (e) Delegation of Board of Supervisors Hearing. Pursuant to Government A A Code Section 25845, Subsection (f), the board of supervisors has delegated to the L building rehabilitation appeals board the hearing, prior to abatement of a public A nuisance, required by Subsection (a) of Government Code Section 25845. The L building rehabilitation appeals board will hear all such hearings, as are requested A under Section 9917, and will make written recommendations to the board of A supervisors after each hearing. The board of supervisors may adopt the recom- A mendations without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors. L A 814.69 9918-9923 UNIFORM BUILDING CODE L Hearing by Building Rehabilitation Appeals Board nSec. 9918. The building tehabilitation appeals board shall hold a hearing and L consider all competent evidence offered by any person pertaining to the matters A set forth in the report of the county engineer. L A The building rehabilitation appeals board shall make written findings of fact as Ato whether or not the building or property is a substandard building or substandard A property as defined in this chapter. L Hearing Not Requested � Sec. 9919. If neither the county engineer nor any other person requests a L hearing and the substandard condition as set forth in the Notice of Substandard LA Building orProperty is not completed within the time specified in such notice, the L county engineer may 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 which had been found to exist. Notice of Hearing Sec. 9920. If either the county engineer, or any other person, requests a hearing within the proper time as provided in Section 9917 of this code, the building rehabilitation appeals board shall -hold such hearing. Not less than 10 days prior to the hearing the county engineer shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the Notice of Hearing upon every person whom this chapter requires that the Notice of Substandard Building or Substandard Property be served. A Form and Contents of Notice A Sec. 9921. The notice of hearing shall state: A 1. The street address and a legal description sufficient for identification of the A premises which is substandard or upon which the building is located. L A 2. The conditions because of which the county engineer believed that the L building or property is substandard. A L 3. The date, hour and place of the bearing. A L LA Posting of Notice A Sec. 9922. The county engineer shall post one copy of the notice of hearing in a Aconspicuous place on the substandard building involved, if any, otherwise on the A substandard property, not less than 10 days prior to the hearing. L L Order A L Sec. 9923. When the building rehabilitation appeals board finds that the A building is a substandard building, it is hereby declared a public nuisance and A based upon its findings the said board shall order the abatement of this nuisance by A barricading, demolition, repair or rehabilitation of the substandard building or L portion thereof or at the option of the party concerned, by the demolition or A 814.70 1988 EDITION 9923-9926 I demolishment thereof. The order also may require that the substandard building A be vacated. L " The order shall state a reasonable time within which the work shall be com- A pleted which shall not be less than 10 days after the service of this order. The board L for good cause may extend the time for completion in writing. L Order—Substandard Property A A Sec. 9924. When the board finds that any property is substandard property, itis A hereby declared a public nuisance and based upon its findings, the said board shall A order the abatement of the nuisance by such means as the said board deems most A feasible. If such means include the removal of any vehicle or any part thereof, L such order shall include a description of such vehicle and the correct identification L number and license number, if available at the site. i _ Work by Private Party L _ Sec. 9925. Any person having the legal right to do so may repair or demolish a L substandard building or do any other work required to remove the substandard � conditions at any time prior to the time when the county does so, but if such person L does such work after the time specified in the Notice of Substandard Building or A Substandard Property if no hearing was requested, otherwise, after the time A specified in the last order of the building rehabilitation appeals board, all costs L7. incurred by the county in preparation for the doing of such work are chargeable to !A. I the property and shall be collected as provided in Section 9928 and Section 9929. A If such work is completed after the county engineer or purchasing agent has L awarded a contract for such work, the contractor shall receive the sum of $100.00 A for his overhead and incidental expenses, unless specifically excluded by con- A tract, and such sum of $100.00 plus the amount specified in Section 9927 shallbe A the costs incurred by the county. If such work is completed before the county A engineer or purchasing agent has awarded a contract, the amount specified in L , Section 9927 shall be the costs incurred by the county. Work by County A A Sec. 9926. (a) Procedures. If the order of the board requires the repair or A demolition of any building, the order of the board is not.complied with within the A period designated by the board and the public records show that there is any L person who has any right, title or interest in the property or any part thereof by L virtue of a document duly recorded prior to the recordation of the Declaration of Substandard Building or Property, whether such document describes such prop- A erty or part thereof, or not, and such person has not been previously notified of the A action of the board during the processing of the case, the county engineer shall A serve upon such person as provided in Section 9920 a notice of the action of the L board which notice also shall contain a statement that the county will demolish the L building or take such other action as may be necessary to remove the substandard L conditions unless such person, within 10 days, requests, in writing, a hearing. If A ` such person requests such a hearing the board shall hold such hearing as provided A r in this chapter at which hearing the board shall re -determine the facts and make a A 814.71 L A L A L A L A L A L A L A L A L A L A L A L A >L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A L A 9926-9929 UNIFORM BUILDING CODE new order as provided in Section 9923 and the former order shall cease to be of any force or effect. If any board order made pursuant to Section 9923 or 9924 and not superseded, or any order made pursuant to this section is not complied with within the period designated, the county engineer may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the board. If the order of the board does not require the repair or demolition of any building no notice of such order need be given to any person other than the party concerned. (b) Emergency Procedures. When in the opinion of the county engineer a substandard structure or portion thereof is an immediate hazard to life and property, and the abatement of such hazard requires action pursuant to the exception in Section 9910, the county engineer may then demolish the substand- ard building, or portion thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard. Costs Sec. 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 Table No. 99-A, shall become a special assessment against the property. Notification of Costs ; Sec. 9928. The county engineer shall notify, in writing, all parties concerned and all persons notified pursuant to Section 9914, 9917, or 9926 of the amount of such assessment resulting from such work. Within 5 days of the receipt of such notice any such party concerned and any other person having any right, title, or interest in the property or part thereof may file with the county engineer a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any such person who did not receive a notice pursuant to Section 9910, Section 9911, Section 9914 or Section 9920, and who has not had a hearing on the necessity of the demolition or other work, in such request for hearing also may ask that such necessity be reviewed. The building rehabilitation appeals board there- upon shall set the matter for hearing, give such person notice thereof as provided _ in Section 9914, hold such hearing and determine the reasonableness or correct- ; ness of the assessment, or both, and if requested, the necessity of the demolition or other work. The building rehabilitation appeals board shall notify all such persons of its decision in writing. If the total assessment determined as provided for in this section is not paid in full within 10 days after mailing of such notice by the county engineer, the county engineer shall place such charge as a special assessment on the tax bill for the property pursuant to Section 25845 of the government code. Collection Sec. 9929. The assessment shall be collected at the time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties 814.72 i` -—I . _.��• Nl law, appJ1caou to Inc levy, collection and enforcement of county taxes shall be applicable to such special assessment. A k Salvage Sec. 9930. If a building is demolished or necessary work done by the county pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows: r 1. If the county enters into a contract with a private contractor, the county may providein such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage. 2. If the contract does not so provide or if the county does the Work without such a contract, the county may take title to such salvage and credit the reasonable value thereof on the costs incurred by the county. In any hearing pursuant to this section to determine the reasonable cost of doing the work, the building rehabili- talion appeals board also may determine the reasonable value, if any, of such T> salvage. This section is permissive only and does not require that the value of such salvage be applied to the cost of the work. Interference Prohibited Sec. 9931. A person shall not obstruct, impede or interfererwith the county engineer or any representative of the county engineer, or with any person who owns or holds any interest or estate in a substandard building which has been ordered by the county engineer or by the building rehabilitation appeals board to be barricaded, repaired, vacated and repaired or vacated and demolished or removed, or in any substandard property whenever the county engineer or such owner is engaged in barricading, repairing, vacating and repairing, or demolish- ing any such substandard building or removing any substandard conditions, pursuant to this chapter, or in the per of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto. Prosecution Sec. 9932. In case the owner shall fail, neglect or refuse to comply with the directions in the Notice of Substandard Building or Substandard Property (if neither he nor any other person requests a hearing) or with any order of the building rehabilitation appeals board, he shall be guilty of a misdemeanor and the county engineer may cause such owner of the building or property to be prose- cuted as a violator of this code. Other Abatement Procedures Sec. 9933. The provisions of this chapter shall not in any manner limit or restrict the county or the district attorney from enforcing county ordinances or abating public nuisances in any other manner provided by law. 814.73 814.74 .. .- •. _ _,. _. ....�_....-. _ ._. "tin _.. 9934 UNIFORM BUILDING CODE A Vehicles - t Sec. 9934. (a) Adoption by Reference of Section 22661 of Vehicle Code. All A Lof the provisions of this chapter relating to the abatement and removal, as public C':..,•. L abandoned, wrecked, dismantled or inoperative vehicles or parts nuisances, of A thereof from private property are enacted pursuant to Vehicle Code Section 22661. All of the provisions of Section 22661 of the Vehicle Code are hereby by reference as a part of this ordinance_ In the case of any conflict Ladopted between the provisions of this chapter and the provisions of said Section 22661, t the provisions of said Section 22661 shall prevail. IA = L (b) Notification of Department of Motor Vehicles. Within 5 days after the Acounty or any officer thereof removes, pursuant to this chapter, any vehicle or any i part thereof, the county engineer shall so notify the Department of Motor Vehicles f L A identifying the vehicle or part thereof. i A(c) Notification of Highway Patrol. Not less than 10 days before the hearing I Lprovided for in Section 9920 the county engineer shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed. 3 A A (d) Not to Be Reconstructed. A person shall not reconstruct or make operable ; : een removed b the countypursuant to this chapter. t any vehicle which has b y L (e) Exceptions. A vehicle or any part thereof shall not be removed pursuant to L this chapter if such vehicle or part is: ' L 1. Completely enclosed within a building in a lawful manner where it is not l . -; visible from the street, highway or other public or private property, or t t c A 2. Stored or parked in 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. (f) Registration of Vehicle. If any vehicle is removed pursuant to this chapter, A tthe county engineer shall forward to the Department of Motor Vehicles any Aevidence of registration available, including registration certificates, certificates L of title and license plates. L (g) Proof of Nonresponsibility. The owner of any land upon which avehicle - A which has been removed was located may appear in person at any hearing Aprovided for in this chapter or present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land A with his reasons for such denial. If it is determined at the hearing that the vehicle l A was placed on the land without the consent of the land owner and that he has not .- A subsequently acquiesced in its presence, then the county shall not assess costs of L A or removal of the vehicle against the property upon which the administration Avehicle was located or otherwise attempt to collect such costs from such owner. 814.74 U 1988 EDITION TABLE NO. 99-A REHABILITATION PROCESSING FEES Service Investigation and processing ........................... Preparation of job specifications ........................ Board of Supervisors or city council approval ............. Contract performance inspection ....................... Billing............................................ Record special assessment ............................. Filing of special assessment ........................... 99-A L A L A Fee L A ...... $150.00 LA ...... 200.00 L A ...... 100.00 L A ...... 80.00 L ...... 60.00 A L ...... 00.00 A L ...... 100.00 A 814.75 1991 UNIFORM HOUSING CODE 101-104 Chapter 1 TITLE AND SCOPE Title Sec. 101. These regulations shall be known as the "Uniform Housing Code," may be cited as such, and will be referred to herein as "this code." Purpose Sec. 102. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. Scope Sec. 103. The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 104 (c) of the Building Code, except such structures as are found to be substandard as defined in this code. Where any building or portion thereof is used or intended to be used as a combination apartment house -hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Rooming houses, congregate residences or lodging houses shallcomplywith all the requirements of this code for dwellings. Application to Existing Buildings and Structures Sec. 104. (a) Additions, Alterations or Repairs. For additions, alterations or repairs, see Subsections 104 (a) and (b) of the Building Code. (b) Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the Building Code for new buildings and structures. UNIFORM HOUSING CODE'" 1991 Edition 201 1991 UNIFORM HOUSING CODE Chapter 2 ENFORCEMENT General Sec. 201. (a) Authority. The building official is hereby authorized and directed to enforce all of the provisions of this code. For such u shall have the Purposes, the building official powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (b) Right of Entry. When it is necessary to make an inspection to enforce the Provisions of this code, or when the building official has reasonable j cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or Premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be Presented to the occupant and entry, requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the Owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (c) Responsibilities Defined. Owners remain liable for violations of duties imposed by this code even though an obligation is also imposed on the occupants of the building, and even though the owner has occupant the duty of furnishi, by agreement, imposed on the code. ng required equipment or of complying with this Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shat l be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected. Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Owners shall, when required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. Ott 1991 UNIFORM HOUSING CODE 201-204 Occupants of a dwelling unit, clean, in addition to being responsible for keeping in a sanitary and safe condition that part of the dwelling or dwelling unit or Premises which they occupy and control, shall dispose of their rubbish, garbage and otherorganic waste in a mannerrequired by the health ordinance and approved by the health officer. Occupants shall, when required by this code, the healthordinance or the health officer, furnish and maintain approved devices, equipment or to keep their premises safe and sanitary. facilities necessary Substandard Buildings Sec. 202. Buildings or portions thereof which are determined to be sub- standard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter I I of this code. Housing Advisory and Appeals Board Sec. 203. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and mterPretations of this code, there shall be and is hereby created a housing advisory and appeals bead consisting of members who are qualified by experiences n not to pass upon matters pertaining to are construction and who employees Of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. Tl1e housing advisory and appeals board shall appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of Procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. (b) Limitations of Authority. The housing advisory and appeals board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. Violations Sec. 204. It shall be unlawful for any person, firm or co poration to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. 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(a) General. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby are declared to be substandard buildings. (b) Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3. Lack of, or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities. 1 7. Lack of, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and ventilation required by this code. 9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (c) Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 14 t 1991 UNIFORM HOUSING CODE 1001 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to cavy imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings. (e) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. (f) Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where nocodes were in effect or which has not been maintained in good condition or which is not free of cross -connections or siphonage between fixtures shall be considered substandard. (g) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. (h) Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include but not be limited to the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, found- ations or floors, including broken windows or doors. 3. Defective or lack of weather protection for exterior wall coverings, in- cluding lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. (i) Fire Hazard. Any building or portion thereof, device, apparatus, equip- ment, combustible waste or vegetation which, in the opinion of the chief of the fire 1s Ll aqi ;o uonoe ,Cue 10 aapao pug aallou ay1 wo1; Isadde AM 8u!pl!nq ayl ui lsaaalut ieSal to Oil!) paoaaa Aug Sul eq uoswd Aug Will (1) Suisinpe sluousmuls 'S •aaumo sl! 10 Alaadoad oq1 lsu!g2e;oaiagl slsoa aqi o9ngo T! OuOP aq Sao of 3laom aqi asnea of paaaotd Am q!) pug Pplalagldmpoo s )ID m aql Ip n3 Pl o aaqun; luana►d of polsod pug palgasn $u! !n a as to IUM ! elai o Sui m aqi `pag!3ads aw!1 ay1 ulgl!m paouawwoa lou s! 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Pa aq palnaas aq sl!uuod poainbaa IIs lug1 attnbat flees aapio agl `panvdaa lsnw aimomos so gu!plmq ag1 legs pouiwaalap sgy !etaigo $uipllnq ag13I 'd is!ag;o Su!pI!nq ay1 Ag Pauiwlalap se ua)lel N of paainbaa uo?iae ag1;01uawalels d •£ •apoa slyl 30 ZOZ uolloaS;o suols!noad oql aapun snoaasugp 8u!pl!nq oq1 aapuaa o1 puno;suo!1!Puoa agyo uo?lduasap os!ouoo pug;auq a gilm paepuelsgns oq of Suipl!nq ay1 puno; seg jut3Wo Sulpllnq ay1 Ivgl luawalels d 'Z PaIVaOI s! Sulpl!nq ayl galgm uodn saslwaid ayl;o uoueaylivap! ao; lua!ai3;ns uo!lduasap legal a pug ssaappe lams ay.L -1 :u!eluoa jig aapao pus aa!1ou ay L 'Su!pI!nq aqi ;o aaumo paooaa ag101 pal P aapio pus aa!1ou s anss! Reqs le!ay;o Su!pl!nq ayy �ap�0 pue aanol�l (q) luip!!nq aql ;o uo!l!lowap ao u0!leaen 'uongl!l!gegaa `aludaa ayl asnea of sSu!paaaoad aauawwoa llsys p !a! o Su!piinq ay1 `Su?pl.n prepuelsgns enea ao I!noad u!lelp seg Pau!ualalap pue puno; sgq pug Sutplinq palaadsui aq of p P� Ie?atjjo Sutppq aqi uagM -s`dulpaaaoad ;o luawaauawmo0 (e) `1011 '3as leaause -In131,140 ONIMine 3H1 =10 SN3aa0 aNV S331ION « jajdey3 91 •paepuelsgns palap!suoa aq Reqs satouedn000 gans ao; pasn oq of papualu! ao pau81sop lou aaam go!gm sasocLnd Su!�f�ugdnaaJO � undo dw1 (u)n!I ao; pa!dnaao ;oalayi suotuod ao sSu!pltnq ilti ' O Aausdn000 u? o2uega Aue so `uo!1!PPE 10 uo!llsaallg'peOl luednaao u! aseaaou! Aug 01 U011912.1 u! Panoidw! pug P21.11911118111 Aiownbapg uaaq aneq luawd!nba ao swaisAs Sulys!nSu!lxa-aa9 pus 41u2alui angs!saa-aay asogm Pug u011analsuoa a!agl;o owil ay le smel algea!iddu lie y1!m pauuo;uoo go!gm;oaaayl suoluod ao s8uiplinq osoyi idaaxa'ap0a s!y1 Aq paunbaa luawdmba to swalsAs Sutysm8upxa-stn 1Ol �suoauOa aq liegs';oasay suo vod poptnoad IOU am Aay1 uaym pmpuelsq PaaaP. ao sSuip!mg •luawdlnbg SungIUM4 ao uo9331oad-a113 algnbapgul (w) •a;!I uewny of snaaSuep sag ya!ym is!xo suo!llpuoo aaylo uaym 10 `1!xa;o y1p!m ao tagwnu algnbope ug;o dost a 'sl!xa;o uo!leaol aadoldw! ue gSnotgl sls!xa uoil!puoo a;ssun uo lggl spug IBia►jjo Su!plinq aqi uaym paepuelsgns patap!suoa oq llegs;oaaagl suo!laod io sdulppnq `uoilanalsuoa nays ;o oulp aqi it, loaija w sluawatinbaa apoo gllm aauegduioa Suipuelsgl!m10I1 paepuelsgns paaapisuoa aq ❑gqs uolIanalsuoa jo awl, agl of luonbosgns Aausdn000 to asn ut aSugga ao suo!uppe `suoileaailz of onp pgol luednaoo u! aseaaaui Augol uo!1elw u! 4lP!maoa2gwnu m P seoul LION IOU QAVt4 a us luawai!nbaa apoa;ofuo lelo!n asogm 10 uoilan usuoa a!ay1;o awl, 2q, IV laa33 U! P211e1sui alam sa!1!I!as; 1!xo asogm ;oalayl suoillod ao sguiplmq opoa s1141 °a sa!i,l!ae;1!xa alenbapB yl!m pap!noad uaaq aneq ;o suols!noad aqi of 2ulUL0;U ya!ym;oatagl suoilaal ao ssulplinq osogl ao; ldaaxg •sl!xg alenbapeul (1) •apoa siy130 I I aaldsg0 w Pag!aads saanpaaoad aqi y1!m aauepaooae ul palegls flees 4o!ym sptgzgy Ala;es 10 yllgay `a1g sainipsuoa sastwaad s uo suo!upuoa to slgualgw aeI!w!s pug slgualgw alq!lsngwoa `aalem lueuSsls `saSeaogagy lea `Ie33o `aSggisB `sugap `aauew atus$ao psap `Xitn[ `uo!lei -aSan `spasm;o uopeinwnaae agy •sasiwaad Aaellussuf1 10 snopigzaH (4) •paepuelsgns oq of Suipl!nq a asnea Reqs 'uolIlPuoa a;es pug poo8 u! pau!elu!ew Alalenbope uaaq aneq ga!ym pug `apo Su!pl?ng ayl pug apoo slgl Aq panoadde ao pamo11e Allgay!aads On yaigm osogl ldooxa 'uo!lanalsuoo;o slgualgw;o asn oqy •uonan.ilsuoO;o slelaalg11A1 Aling3 (� •Suipl!nq paepuelsgns g polop!suoo oq Iieys asnea Aug woa; Sulsug uo!soldxo ao sty;o A1!sualu1 pug peaads ay1 luawSng of ion; Apeaa e aP!noad ao uoisoldxa ao aay a asnea o1 se uoil!puoa a gans u! s! `luawiaedop 1001 1011 3000 JNISf10H WtlOdIN(1 1661 3000 9NIsi1OH nHOdINiI 1661 PIT. ...,....-s`-s 1101-1102 1991 UNIFORM HOUSING CODE building official to the housing advisory and appeals board, provided the appeal is made in writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (c) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served J or relieve any such person from any duty or obligation imposed by the provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order I shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive sucu nUulA oiau—1 affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penally of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official. Recordation of Notice and Order Sec. 1102. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building, and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate. 18 1991 UNIFORM HOUSING CODE 1103-1104 Repair, Vacation and Demolition Sec. 1103. The following standards shall be followed by the building official (and by the housing advisory and appeals board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure: 1. Any building declared a substandard building under this code shall be made to comply with one of the following: A. The building shall be repaired in accordance with the current Building Code orothercurrent code applicable to the type of substandard conditions requiring repair; or B. The building shall be demolished at the option of the building owner; or C. If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. Notice to Vacate Sec. 1104. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101(c), be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ........of....... (b) Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Subsection (b) of Section 1101, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection shall be guilty of a misdemeanor. 19 LZ "Pal¢ ,(lawn pug ,Cljadojd st golgm wol;alayl leadde ue jo ,iouopuod oql Suljnp pa,Ctls aq llegs apoo s!ql lopun pans! leloWo Sulpl!nq ayi;o iapjo pug aaliou ,Sue 30luawaalo3ua `170[ l uon32S of luensmd spew sjapjo uo!leoen jo; ldoox3 •17oZi 'aaS leaddd japun jopip Jo 6ulAe3S •leoddt oql jo Suptaq ayi ui paiap!suoa aq llegs luelladde ayl ,Cq pos!tj ,Clleog!39ds sonssi to sjailew osogl AluO '£OZI 'aaS leaddd uo 6ulaeaH to adoog •joaiagl uoujod ,Cue of jo japjo pug aa!iou ayl jo uoliealpnfpe put Suurag an!iej3s!ulwpe ue of 1g21.1 ayi;o janlem a a1n1!isuoo IIg14s IOZI Pug I0I I su01330S 3o suo!s!nojd ayi yl►m aautpj000e ui leadde Lit olg of uosjad ,Sur 3o wnl1e3 'ZOZI '39S leaddd of ainlle.A ;o 139113 oz •leaddu oql uo umogs ssajppe oql le luellodde aqi of possojppr `p!rdwd aSelsod 'joaiayl ddoo a Suq!ew ,Cq jo ,Clleuosjad melladde ayl of pajam lap oq of aa!lou gons jo Cdoo r Owsneo ,Cq jagua pjeoq aql }o ,C.irlajoas 9171 ,Sq 1ut11adde yoea 03 Sumoll aq) 3o alep -aq) of joud sdgp 01 lseal It uanlS aq lleys Suuray ayl jo amid put awn agl;o ao!lou uauuM •lt!oil;o Su!pl!nq aql yl!m pal¢ sem leadde aql olep oql woj3 s9rp 09 urgl wow jou s,Cep OI uegl ssal lou oq lleys alep ganS •pjeog ayl,Cq leaddt oql jo Suugaq ayl jq} ooeld put awp 'alep t xg lluys pjtoq sltadde put ,Goslnpt Suisnoy oql 'leaddt uailpm oql Oulnlaoaj mjg olgeanoejd se uoos sV •SulivaH Jo; leaddd Su!anoN pun SullnpayaS (a) •sleodde;o pjtoq oql •}o Su!laaw leloads jo jeln$aj lxau ;)yl it, 1! luasald Ileys lvpWo Su!ppnq ayl 'ua3oas s!yl of lurnsjnd pal¢ leadde ,Cur jo ld!aoat uodn •leaddd ,lo Sulssaaoid (q) • le!oUjo Su!plmg ag13o jopjo put oo!lou 0q) jo aolnjas agl )o altp agl woj3 step 01 u!y1!,m pal¢ aq pegs luodde yons 117011 uollaaS yllm aourpj000r ut palsod si pug palgoen paiapjo s! put ,Cuado.id luaatfpe ao o!lgnd oql Jo ,Cla3es jo ,Cijadojd 'qw!i 'a;!l oql of sncuoftup ,Clale!pawuia i! a)lew of st uo!1!puoo yons ui si wnlonjls jo Sulplmq aql;! 3¢141 'janamoq •pop!nojd 'le!oi jjo Su!plmq ayi jo uonoe jo japjo vans 3o ao!njas aql 3o alep 041 woj; s,tgp 0£ u1141!m pal¢ aq lltys leadde aq 1, •leaddt oql ul paleis siauew oql jo 141iul oql of st luelladdg auo lstal )E jo (Sinfiad 3o dllruad jopun uo!lejeloop dq) uo!leaguan ay,l, •L •sassajppg Su!l!ew lui3wo jiayl pug sluelloddt se paweu salued lit,to sajn3eu&s ayy •9 ap!st las as!m.iaylo jo pag!pow 'pasjanal aq Plnoys uonog jo japjo paisawid ay1 paw!elo s! 1! ,tgm suoseaj oql put lg2nos jai jai 041 JO agim2ml as!ouoo put. Ammipio ui luaivalels ja!jq d •S -melladde ayi jo suonuaiuoo oql uoddns of paw!elo slorj lruairw ,Cur ql!m .iayiogol 'palsalojd uonor jo japjo oy!aads iugi;o agunSutl os!ouoo put ,(.itu!pjo u! luowalels ja!iq V '17 •japjo pug ao!lou 9171 ul panlonu! purl ayi jo Su!pl!nq ayi ui siuullodde ayi jo gaga;o isaiaiui 1¢591 ayi guoj Su!lias luawolels;auq N £ •leadde ayi u! 5u!led!o!urd sluelladdr [[t 3o sauitu at[) Su!n!S ' • • • • • • • ' ' ' ;o sluaddd„ :Su!ptaj uo!ldto d .Z ........30 • • • . • • • • • • ag13o sltaddd 3o pleou ayi aio;ag„ :spjom ayi u! Sulpgay V •1 :Swuigiuoo leadde uali!jm t letoijlo Su!pl!nq agl jo aai j;o ayi lr Su!lg,sq opoo s!gi.iapun ii?ioWo Su!pl!nq agl;o uouoe ,Cue jo Iapjo put sollou ,Sur wojj leaddr ,Cew (o)1011 uonooS japun aolnjas of poli!lua uosjad ,iud •leaddd ,lo w.lo3 (e) 'IOZI 'aaS lejauaE) ld3ddd Z L jeldey3 bozVZOZ1 3400 WsnOH vimozi Nn 1664 3000 oNIsnOH WHOdINn 1661 IOZI 1301-1303 1991 UNIFORM HOUSING CODE Chapter 13 PROCEDURES FOR CONDUCT =a OF HEARING APPEALS ' General Sec. 1301. (a) Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners j to conduct the hearings. The examiner hearing the case shall exercise all powers .A relating to the conduct of hearings until it is submitted to the board for decision. (b) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board. (c) Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. (d) Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no S continuances may be granted except by the examiner for good cause shown so I long as the matter remains before the examiner. 1 (e) Oaths—Certification. In any proceedings under this chapter, the board, { any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. (f) Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. Form of Notice of Hearing Sec. 1302. The notice to appellant shall he substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at .............. on the day of....... , 19....... , at the hour....... , upon the notice and order served upon you. You � may be present at the hearing. You may be, but need not be, represented by counsel. I; You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or name of hearing examiner)." Subpoenas Sec. 1303. (a) Filing of Affidavit. The board or examiner may obtain the issu- ance and service of a subpoena for the attendance of witnesses or the production 1991 UNIFORM HOUSING CODE 1303-1304 of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular. (b) Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. (c) Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor. Conduct of Hearing Sec. 1304. (a) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdictions in this state. (e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. (f) Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. ! To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; 6. To be represented by anyone who is lawfully permitted to do so. (g) Official Notice. 1. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board. 22 23 sZ •u!a1ay1 polels SIR aq 11gys uots!3ap aqi 3o 0113P an!13a;3a ayy uolslaaQ {o a;eQ anl;3a�{� (y) •polsonbal ld!aaw u.cnlal `p!edald oftsod'I!91 Paij!ua3 Sq lugs 10 Slleuosladluguaddeayl01pa1an!lapagllegsuots!3apagl3oSdo3d yl!mP9i[dwo3 agog sluawannbal ayi pug `poluosoid sonssl aqj jo uo!lguluualape `1oe33o s�u!Pw3 u!gluo3 llggs pug 8u!lum u! aq llegs uolsl3ap ay,l• •uolsl3aQ ;o wood (g) Uollaas sly[ ;o suo!s!nold aqi ill!m Sldwo3 Mgt's plgoq ayi Sq uap poso o!s!3dold gins ;o uopel9P!suoo pall!wgns SI a3uap!na leuo!l!ppe dug 1aiju ;oalay (q) uo!13asgnS u! pap!nold se uo!s!aap pasodold pug 1lodac g algdald lleys 1au!wexa aqi `1au!wexa Suueay a 01 Pau5!ssgal 50£L 3403 9NISf10H WaOdIN(1 L664 bZ sc asea ay1 ;1 •a3uap!na leuo!1!PPe 931¢7 of lautwgxa $uueag layloug 10 awes aqi of asea aql 1a;a1 AEW10 `aauap!n0 leuo!l!Ppe $u131gi lnogl!m 10 g11m '1? 910399 p10321 a1!luo oql uodn asea all) apl32p ,few plgoq aqi '(a) uotloosgnS ut papy oid se paidope lou st uo!s!oap pasodold agl jI •paldopv ION uolsl30G pasodo id (3) •uo!s!aap pasodoid ay1 S3tpow Sew io S1a.Alua sl! ul uots13ap pasodold 241130(01 -to [dope Seuc p1eoq aILL •plrog ay; dq uollisods!Q (a) •pleoq aqi of luawnIle lglo luosald Sew Sped Aue'puuoq ayi;o aneal Sg •uo!s!aap vans ;o uoddns ut luawn$1e vallum a yl!m 1ay19Sol uo!s!aap pasodoid a olal0yl g3elle Sew pug nodal s,12u,,I xa agl;o 117a 10 ugd due of suo!ldw a uouum alg Sgw Alred Aug 111odw aq1 1ap!suo3 of las alep ayi elo;aq sSgp om1 ueyljoie[ lONI'7jodag o; suo!;da3x3 (p) •sa!ued aqi;0 11v Aq palelndlls os,Auoglo st a ssolun `poxy alep ayl of loud sdep ang uggl ssal lou diced palsolalull g3e2 01 p9l?ew oq llegs 3oalagl 03110,q •uots!3ap pasodold pug 11ode1 s,1au!wexa aqi 1ap!suo3 01 a3eld pug algp 'awll g xg Ilegs pwoq 94.L 'aa!;oNl—Pizog Sq laodag )o uo!;elaplsuo3 (a) plgoq agl gi!m p9lB ale dagl alup a41 uo Spud gaga of pal!gw 9q llegs uo!s!3ap pasodold pug uodal gins y3ea 3o Sdo3 H 'P1o3a1 a!lgnd;o s1211ew aq llegs pwoq ayt yl!m palg sllodal s,12u!wexa [IV '0sg3 aqi in uo!sj3ap s;l se pleoq aqi Sq poldope 99 Sew 1! lgyl uuo) gins ul uo!s!3ap posodocd V uceluo3 Ileus osle Modal ayZ •suo!lepuawwo3al pug suolsnlauo3 `s2u!pu9 s,1au!wgxa ayi algin pug palop!suo3 a3uapcna aqi ;0 Slewwns ;auq a u!eluo3 119118ppdw gins pleoq ag10l Modal ualtum a 1lwgns (posol3 s! 9uueay ayi alep alp wo13 sSgp 06 paaaxa of lou) ouip algeuoseol a u!yl!m legs 1au!wgxa ayi `auole [ 1au!wgxa 3uueay a Sq pleat' s! asea polsoluo3 a 31 :cau!wvxa ay; gulaeaH (q) •uols13ap 241 ut ped a31e110 uo alan lou pegs sSwpaaawd agl;o p1o3a1 0117113 041 peal lou set' 10 a3uap!n0 0141 [gay lou P!P 04m Joalayl laywaw a `31as1! plgoq ag1 a1o{aq pleat' sl asea palsalu03 a uagM 'Jlasll p.ceog alojaq gu!1e3H (e) 'SO£I 'aaS uolslooa;o wao:j Pus PoylaW •lawwexa 3uueaq 10 pnoq aqi Sq P9iels os s12111Bw gill uleldxa 10 ingaj o114$11 a aneq lle4s uayl Surd y3eg •ucol;ajagi umglp suo!snl3uo3 ayi pug panlasgo s13e3 lgualgw 1 aqi uo!139dsu! ayl jo uo!laldwo3 uodn p1o3a agllo; atels lle4s 1au!ucexa 8uueag agllo pteoq ay1(!!!)Pug `uo!13adsu! ay1 Suunp luasald aq of Sl!unlloddo ue uanlS are sa!in/d ay1(!!)'9pew s! uolla9dgSuueaq salved ayi of uan!S aq lleys uo!139dsut gins jo 0311011Q) legl P Pnold ituoid iplinq Am: agl;o asino3 ag1$uunP IE9dde ayi u! panto sas ward a 10 ouuol;3ad ui3ad�u! Sew 1au!wgxa Suueaq ayi 10 pceoq aq.L ' a S u luc;iala o1 uolletn a1 zaucwgxa Su!aeay so pleoq yl q Pa P 99 3 y3ns 3o lauuew aqi `Aluoq)nt, ;o uolleluasacd lelo 10 vallum S4 10 a3uap!na Sq saal7gw P039011 Slle!aWo 0yl 9tnja1 of `lsanboi uo `Xl!unuoddo algeuoseal U uan!S oq llegs $uugay '341 1e luosald salved 'alu3aj 01 d;jun;roddp '£ Olajagl popuodde so'maiagl of paua;al `p1o3a1 ayi u! palou 99 Ile4s slaltew asagl pug pooilou oq of slallew ayi;o pawlo;u! aq llegs 8uueaq ayl le luosald sa!ued'P33!luu aq of sa!;led 'Z MOD JNISfIOH WHOAW L664 50£ L -b0£ L •i _ 1401 1991 UNIFORM HOUSING CODE 1991 UNIFORM HOUSING CODE 1401-1403 'i j Chapter 14 from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL Extension of Time to Perform Work OR THE BOARD OF APPEALS Compliance Sec. 1401. (a) General. After any order of the building official or the housing advisory and appeals board made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. if, after any order of the building official or housing advisory and appeals board made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Subsection (a) of this section or (ii) institute any appropriate action to abate such building as a public nuisance. (c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: 1. The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ........of....... 2. No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the i Building Code. 3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building substandard as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or Sec. 1402. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order. Interference with Repair or Demolition Work Prohibited Sec. 1403. No person shall obstruct, impede or interfere with any. officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, wheneversuch officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. 26 27 t_. 6t 'lsnf wasp dew 1! se o2jug3 ayl jo uodaj ay1 ui uolIv3g!pow jo uotloauoa `uotsinW tions 03113M,Crw Apoq anilm[s!Sal ay,L •sisalold jo suo!loofgo tions Cum yl!m jaylaSol lu?og;o Su!p►mq ayi;o uodw ayi uodn ssed pue luag 1►e4s uo!latpsunf s!yl;o dpog anilmis!Sal all `Suulaay ayi jot poxg jnoy pum Cep ayl uodn 'ti09T 'aaS s;sa;oM 10 BuljeaH •palap!suo3 oq 11eys suoiloafgo jo slsalold jaglo ou pue `Suueag a111 jot las awil aqi It uoll3tpsljnf stye 10 ,Cpoq 0n?119[s1291 ayi of suoilaafgo jo slsalojd vans luasaid llutis i[j213 ati•L'idia3ai jo alup oql uotl3afgolo lsoiojd g3ns,Gana uo asjopua 11mgs uo!lo!psunf siyllo 3l.lalo ayL •uoll3ofgo jo lsolo.id gans 10 spunojS aql pue pa3satalu! s? loalayi .13uS!s ayl gotgm ui Aliadoid ayi 10 uotldu3sop a u!mluo3 isnw uolloofgo jo lsaloid gans y3Lg •ImloUjo Sulpl!nq aqi 10 ljodaj oql uo Suueay ayl 101 las awn aqi of avum loud awn ,fue In uoiloipsunf slyi 10 311913 ayl yIlm suo?13afgo 10 sda£09lcudI 333 alg ,Cmw aSjutio posodold all ,Cg paloagr jo ul palsajalu! uosiad Au �S suolloelg0 Pug s;salojd •a21uy3 pasodaid aqi Aq Paiaallr J0 ul p2lsojolul uosiod ,Cum ,Cq paptnold ja3lruiajay sv poly oq ,(mw yolym sisalold jo suotloofgo ,Cue yltm jayiaSol'uodai s, le?oWo Sulpl!ng2y1 uodn ssed pun jeay ll!m,Cpog antllalslSal ayl uaym a3eld pur anti `Xmp aqi C1!3ads Illays pur Suumay gill 103 las gimp ayi of loud s,Clap OI [seal Ila uantS oq l[lays aouou tions •3pa13 ay3 of umowi sm jo'=2dde os tions 1! [luno aql 10 1101 luawssassu pazilmnba lsel 2113 uo sjlaaddla ssaappm Pun aw13u s,loumo ayi sm Suadojd ati110 jaumo ayi of possatppe `piudejd a$ulsod 'wgui paglua3 ,Cq paejas pur',Clt3 2yl u! uollulnai,3 jwou2S 10 iodladsmou m 111 23110 paysi[gnd `pan[onut ,fuadojd ayi uodn polsod aq of Suulaaq pins 10 a3liou osnm3 pays uoilo!Ps!1nf stili 10 31ja►a atLL olajayl suoil3afgo jo sisoloid Auu pue 'ljodw pits $uuray jot a3r[d pur, alup'awll r x11 prys uotlo!psunf still {o cpoq antic[s!3al ay,L 'uo!lnjap!su03 jot uoiloipsunf still 10 ,Cpog an!lelslSal aqi 01 11 luasald I!mys uo!lalpsunf still 10 311213 gill `nodal pies 10 ldia3ai uodn 'Z09i 'aaS 6uljeaH;o aoliON 1011 uoilaaS 10 (o) uotl3asgns of luunsand aonou of p211!lua suosjad ayilo sassajppr pun sawuu ayi pun `palmool sum jo st aanonils jo Su!ppnq ayi yolym uodn ,Cuodoid leaf aqi 10 uoilduosap 13 '311om 343 10 3s03 [lalol pun pazlwal! ayi `auop 3110m ayl SutAltaads Uodaj To uotlatpsunf sty3lo 311a10 ayi gi!m eP•1 pun 21rd2ad llugs 113!3130 Sutpltnq pins `uoli![owap jo nndaj 10 3ljom ay110 uo!laldwoo ayi uodn •apoa slgl to £ (3) 10,F1 u0t130S 10 suotsinold ayi of luunslnd auop Sutpltnq ,Cue 10 uolillowap jo nladaj ayi u! uollo, , .slay- Cq paun3ul asuadxa og110 lun000m paztwall um da231 [legs [n!3l to Su!Pl!nq ay L'i09T 'aaS ljodeH 10 6u111:1 `asuadx3;o junoo3V N0I1I1OW30 80 aldd3a :f0 1S00 =10 AE13AO338 9 L jejdey3 SZ -puna uo!1!lowap put pedal all of awes otil upajo Ilmys oqm `uonalpsunf sill10 aalnsuajl ayi of p!ed oq Neils ao1 pap!nold joi;ru!alaq s8utpaaoold ayi japun pawapoo spun; ►►d •jot pap!nojd ja11m utalaq suo!iaalloo ogllo spaa3ojd ayl,[o ino ptrdal oq ►ltys put puna U01111oluap pum lludaj ayi of umol a pawaap aq [►lays pomalsurjl os tuns Aug put uoll!lowap jo jindau 10 31j0m ayl jo aoumuuoljod aqi aupodxo of japlo ul ,Clussaaau waap,Ctw ll se stuns tions `,Cl?a ayl to punt [r iouog aq) ul d2uoul duu 10 ino `pun; uollilowop put nucha gill Ol lalsuejl awil Aug in Attu ,Cpog an11m[s1801 ay,L `pun d jo aaueualuieyll (q) •sSuipllnq snojaSurp 10 uollllowap 10 Nidal 10 )l.,Om kwss000u a111 auop oq of Suisnm3 io Suiop ul uoll31psunf st111 Sq pann3ul aq ,Cmiu tiolym sasuadxa pur SIS03 2111 X242p of Iut Wo Suipltnq ay110 pulawap a111 uodn puna pies 10 ino opmtu aq [►lags sivaw,Crd punt uolillowap put jlladal aq) su paltuolsap oq o1 pun; Sutnlonal ►elaods u ysl[glalsa Ilmys uotlatpsunf sigllo,CpOq anllelslOal aq.L'lerauaD (m)'ZOS1 'oaS punj u01111OW80 pue jledaa •aluudojdde st autuualap ►lugs uot13lpsunf s'41 JO ,Cpoq antie[stSal ayi l2na43lym `jaumo ,iljadold ayi 10 uolllaSggo ►euosiad n apew aq ,Crw jo'panlonut duadold ag1 lsuleSt luawssassm [r!oads m apuw aq drtu pur `punt uollgowap pum .nedai ayi woal p!rd oq puys -lion gans 10 sisoa 011,E •sisoa (q) -Ajmssaaau ,C►geuoseaa pawaap aq ,Claw se sisuq 13r11uo3 r uO 03um3s?ssu SuuaaulSua put [elnloai!yaje y3ns ,Coldwo ,Cmw 1m13glo Suippnq ayi .10 'I9139JO Sutplinq ayi Xq pajnd=d aq Aaw iojajogl suotle3gl3ads pun surld •Iula13o Suipl!nq aqi 10 uotl3anp ayi japun 139111103 01BAUd Xq jo louuosiod ,Cli3 Sq paysildwo3au aq o1 3►jom ayl osnm3 llugs lm!aWo Sulpllnq ayi `apo- siyl to £ (010171 uolioaS of luensjnd auop oq of si uoilllowap so jlydaj jo )[jom ,Cue uoqA*, •a,mp000id (e) '1051 '33S lejouao N011110W34 HO aldd3a d0 )IaOM d0 33NVWa0da3d 9L jaldeyo 4094-4094 3003 °JNISt10H W1iOdINfI 4664 3000 JNISTIOH WHOdlNft 4664 SOs4-40s4 1991 UNIFORM HOUSING CODE 16041608 and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the of this shall be confirmed or rejected. Thee decision all p otests or objectiof the legislative ons, shall be jurisdiction on the report and the charg , final and conclusive. Personal Obligation or Special Assessment Sec. 1605. (a) General. The legislative body of this jurisdiction may thereupon order that said charge shall a made a personal obligation of the property owner involved. or assess said charge against the property (b) Personal Obligation. If the legislative body of this jurisdiction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney of this jurisdiction to collect the same on behalf of the jurisdiction by use of all appropriate legal remedies. of this jurisdiction orders that (c) Special Assessment. If the legislative body t shall confirm the assessment, the charge shall be assessed against the property, cause the same to be recorded on the assessment roll, and thereafter said as- sessment shall constitute a special assessment against and a lien upon the poperty Contestovisions of this Sec. 1606• The validity of any assessment made under the p chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. Authority for Installment Payment of Assessments with Interest The legislative body of this jurisdiction, in its discretion, may Sec. 1601. determine that assessments in amounts of $50 legs l more shall determination alto to exceed five equal annual installments. The legislative body' allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate the shall be by adopted prior to the confirmation of the assessment. Lien of Assessment laced on the assessment Sec. 1608. (a) Priority. Immediately upon itsbeing amounts assessed roll, the assessment shall be deemed to be comp shall be payable, and the assessments shall be liens against the lots or parcels of special land assessed, respectively. The lien shall be subordinate to ally and shall be assessment liens previously imposed upon the same Proper paramount to all other liens eThelien shall continue t for state, county and municipal thenasses ment andall which it shall be upon a parity interest due and payable thereon are paid. (b) Interest. All such assessments remain� become ling unpaid after en days from the date of recording on the assessment from and after dat and shall bear interest at the rate of 7 pe per annum 1609-1612 1991 UNIFORM HOUSING CODE Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill Sec. 1609. After confirmation of the report, certified copies of the assessment Shall be given to the assessor of this jurisdiction and the tax collector of this jurisdiction, who shall add the amount of the asment to the next regular tax bill levied against the parcel for municipal purposes - m Copy of Report with County Auditor Sec. 1610. If the county assessor and the county tax collector assess property and collect taxes for the city, a certified [ py of the descriptions of the he assessment shall a filled ls with the county auditor on or before Aug parcels on the county assessor's map reported shall be those used for the same p books for the current year. Collections of Assessment: Penalties for Foreclosure Sec. 1611. The amount of the assessment hall be are collected; at hesame shall be time and in the same manner as ordinary property subject to the same penalties and ocedure and sale in case of delinquency as pr provided for ordinary property taxes. All lawscabPet`o nchassessmentto the levy, ,ectionand enforcement of property taxes shall be app If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and iany n success ve years erest thereon shall be collected in the same manner as ordinary p p ry any installment is delinquent, the amount thereof issubject xesto he same penalties and procedure for sale as provided for ordinary property Repayment of Repair and Demolition Fund the charge or assessment or Sec. 1612. All money recovered by payment from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund. 30 S..el' .. . .. i ... , ... 4�•2 .. 31 }Af �o 1991 UNIFORM HOUSING CODE 101.104 Chapter 1 TITLE AND SCOPE Title Sec. 101. These regulations shall be known as the "Uniform Housing Code,” may be cited as such, and will be referred to herein as "this code." Purpose Sec. 102. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within this jurisdiction. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terns of this code. Scope Sec. 103. The provisions of this code shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 104 (c) of the Building Code, except such structures as are found to be substandard as defined in this code. Where any building or portion thereof is used or intended to be used as a combination apartment house -hotel, the provisions of this code shall apply to the separate portions as if they were separate buildings. Rooming houses, congregate residences or lodging houses shall comply withall the requirements of this code for dwellings. Application to Existing Buildings and Structures Sec. 104. (a) Additions, Alterations or Repairs. For additions, alterations or repairs, see Subsections 104 (a) and (b) of the Building Code. (b) Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the Building Code for new buildings and structures. 1 + ar r nf. � .. 4 ' �L.:�..i .. a _: ., s r L .. .. � ',�._ _. _ _ _ .� _ _�_ _ _� �...__.__�. ___•_._ _ �_._.. .. —._. _ �.. _ rel � o .3Q0o DNisnO H WUO=IlNn 201 1991 UNIFORM HOUSING CODE Chapter 2 ENFORCEMENT General Sec. 201. (a) Authority. The building official is hereby authorized and directed to enforce all of the provisions of this code. For such purposes, the building official shall have the powers of a law enfomement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (b) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises 1fa occupiilding or credentials be presented to the occupant and entry requested. unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the a remedies provided by law to secure entry. (c) Responsibilities Defined. Owners remain liable for violations of duties imposed by this code even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code. Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected. Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Owners shall, when required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling. 1991 UNIFORM HOUSING CODE . 201-204 Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and otherorganic waste in a manner required by the health ordinance and approved by the health officer. Occupants shall, when required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. Substandard Buildings Sec. 202. Buildings or portions thereof which are determined to be sub- standard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 11 of this code. Housing Advisory and Appeals Board Sec. 203. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The housing advisory and appeals board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. (b) Limitations of Authority. The housing advisory and appeals board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. Violations Sec. 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. •slelay3O le31ueyaa14 pug Sulgwnid Jo uollumssV leuol7ewalul ayl dq paleSlnwoJd apoZ) 8ulgwnid uuo;iun 041 s! HGOJ .JNI9INTIld •Jaai ilo 411804 041 dq pawuualop se 's8ulaq uewny Jo yygay ayl 01 lgluaw!J1ap Jo awosalogmun 31uup Jo poo; 'n8 sJ2pu3J J3na184M 'g 'iaaUjo ylieay ayl dq pauluualap se'ssaulluealaun 'L •sa11!l!3gJ 8ulgwnid io a8sm2s dJel!ugsun Jo alenbopeul '9 'uopsulwnp! 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JJNfI JNl7'13Ma AnN3l01dd3 •uollalpsunf slyl dq patdope se's1glayJO Su!p11ng Jo 23UDJOJUOD 18uo!lewalul 241 dq paleglnwwd apo0 Sui.pling uuoJlun 041 Si 3400 JNIa'llfls •augnmw aq) awulwa; aql pug 0ulwwaJ 041 opnlau! JapuaS 2u11nasew a41 u, pasn sptoM win8uls o4l leinld 2yl pug 1eJnld ayl apnlau! Jglnsuls 241 ul spJOM's8wueaw paldaaog dJgulplo Sulp!nwd se pa13p!suoa aq llgys 49961 148uddoa 'pa8pugnun 'axplaun7 t/snelug at/!fo d vido/1.�r f/ /nuullnuJalu( m N paiyl s misyahl 'pass on dat114a1gm 41!M lxalum 341 111411M siluluu0m paldaaac dJgulplo rayl ane4 1184s 4241 'Pauyap lou alg sttual 2Ja4M '2PoZ) 8ulpl!ng ayl ul pay!aads se Jo Jaldeyo sly! !aqua ui pay!aads so panJlsuoa aq 1194s saA!lenuap rayl pug splom'saseJ4d'suual ulgl.laa'apoa slgl Jo asodJnd a41 Jog -JOb '32S suolllumea SNOIIINI:13a V Jaide43 'apoa Swpl!ng 241 Jo 9o£ Pug 90£ suo1130S pug apoa slyi dq pap!noid MUM 141 ul pur g11m aauppioaar, w 18!31 iio Sulppnq aql dq uollaadsuu of laafgns aq llcgs paJlnbaJ sl 1!uuad a tlaltlm JoJ J1JOm Jo uollanJls -uoa pg Pug opoa s!41 ;o adom ay1 ulyllm saJnlanJis Jo sSuip1!ng -EOE '33S uolloodsul 'apo0 But.p png ayl Jo 0o£ uollaaS u, pay!aads st, p!ed aq 118ys saaJ al8udwdde a41'apoa slyl Jo 10£ uo!1a2S dq paJlnbat s! 1!uuad Swpl!nq a ua1iM 'ZO£ -30S seezi •apoZ) 9u!p11ng a11 Jo £ Jaldpy3 ut p3quasaJd suopipuua aigealldde ayl of SwpJoaag pug Jauuew M11 ul pnagJo Swpinlq ayl u'WJ paun:140 uaaq lsJg sey amlatuls Jo 8ulpl!nq gaga Jo; i!uuad amuclas r ssaiun paysllowap Jo palJOnuoa 'panowat 'paeoJdw! 'panow 'paJlgdaJ 'p3Jalle p22Jclua `palanJlsuoa 'polawa 2q liggs apoa slyl dq palelnSal ainlawls Jo 8ulpl!nq ON 'i0£'aaS IeJauaO SNO1133dSN1 ONd SIMHU C Jaldey3 lOV 3000 Misf10H WkI0dlNtl 1661 3400 ONIsf10H WdOJINf1 1661 EOE -WE .�.�...�+.vwwn�+'.T �.. w_r... �r �. �1^'� ..-w.onwrw�^^�+�.' i .. .•. I''�.. �. i . .. •. 5ol-503 1991 UNIFORM HOUSING CODE Chapter 5 SPACE AND OCCUPANCY STANDARDS Location on Property Sec. 501. All buildings pro err as required ed by Section 504 and part IV of the respect to property lines and to other buildings on the same property Y r'eA Building Code. Yards and Courts Sec. 502. (a) Scope. This section shall apply to yards and courts having required window openings therein. (b) Yards. Every yard shall not be less than 3 feet in width for one-story and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of t foot eachadditional Where yards completely surround the building, the req may be ced by 1 foot. For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories. (c) Courts. Every court shall not be less than 3 feet in width. Courts having windows opening on opposite sides shall not be less than 6 feet in width. Courts bounded on three or more sides by the was of the buildingsho l not For buies ld- ings10 feet in length unless bounded on ode end by a public y I foot in width and more than two stories in height, the court shall be increased 2 feet in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories. Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than t0 square feet in area and leading to the exterior of the building unless abutting for the cou walls blor ithe building, The construction of the air intake shall be as required but in no case shall be less than one-hour fife -resistive - Room Dimensions Sec. 503. (a) Ceiling Heights. Habitable space shall have a ceiling height , not less than 7 feet 6 inches except as otherwise permitted in this section: Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 incheson Where ex shall , ceiling ceil ng be measured to the bottom of these members. P beam members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than 7 feet above the floor. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room ii required in only one-half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof. 1991 UNIFORM HOUSING CODE 503-504 If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet. (b) Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens, shall have an area of not less an square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following req 1. The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. (c) Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. Each watercloset stool shall be located in aclearspace not less than 30 inches in width and a clear space in front of the water elgset stool of not less than 24 inches shall be provided. Light and Ventilation Sec. 504. (a) General. For the purpose of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater. Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building. EXCEPTIONS: 1. Required windows may open into a roofed porch where the porch: a. Abuts a public way, yard or court; and b. Has a ceiling height of not less than 7 feet: and c. Has a longer side at least 65 percent open and unobstructed. 2. Skylights. (b) Light. Guest rooms and habitable rooms within a dwelling unit or con- gregate residence shall be provided with natural light by means of exterior glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet. 1 6 l •opoo Sulgwnld aq) )o siuowailnbal olgea!ldde qi!m oomp.ioom ul pug uollipu0o kIV3!ues Pug ayes a ul pau!elulew pug papelsu! oq pet's sopipool kml!ues Ill •a3ueu2lulBNl pus u011e11e4sul (S) 'luedn330 all of d3eAud P1O3le lllm gatym woos a ui pallelsut aq Reqs opo3 s!ql dq pannbat iamoys.io gnl4leq')29013 Ja1em dung •suollujudas woos U) •2poJ Su!PI!ng aq) )o p 1 g uot132S yl!m aouepjo33e u! pays!ug oq 1leyw aw s's8utllomp ida3xo'siuued -w03 las0l3 Salem ;o si0011 pue sllrM •sluawlasdwoo lasolj ia)% (a) •teuolrw luaymgeuou duel!wts e;o .to adds aiemuaguea pazelS panoldde ue 3o aq Reqs sainlxg Sulgwnld liv •uo!)e.►ado leuuou sl! .to; daesswou Salem sumuni p103 pue toy spm pap!Aold pug dlddns iawm;o wa)sds panoldde ue o) palaauuoa aq Reqs samlxy 2wgwnld pd •walsds lesodslp a2 mas alenud panoldde ue ol.lo lamas Am!ues a of p2130uuo3 aq pegs sa miij Su!gwnld IId •swnlxlg (p) •palpuuad aq lou hays leu23ew luagposge dljeltw!s;o sluts jo shuts uapooM •Huls uag3M a 41!m pap!Aoid 29 11845 ua431111 dJaag u4431!j B ql!m pap!Aoad aq pegs pun Smllomp gaeg •uagallM (o) •01 jo 9903x2 ul l joaiaq! ued leuo!loe3•I jo `slsanS p 1 Isuotitppe d1aAa 301 auo Jo alai agl le xas 43ea a03 -1001! 40B2 uo pap!Aojd aq )legs 9)09013-12113Mleuotpppd -dlgloe; lailol pay!luop!un auo aAey kUtU swoot 1san8 IaloH :NOLLd30X3 •)asol3.ialem auo )seal le su!eluoa yaigA% jo gaea'asn alewa; jo alew joi pay!luop! dlsnonwdsuoa aie gotgm satl!I1JeJ lopol alwedas oA%l )seal 1e uleluo3 lleys palepowwooae ale saxos gloq ajogA% joaiay) suolslA!pgns io sl21oH •slaloH (q) •jamogs to gnlgieq a jagl!a pue 'daoleeel '12sol3 ialgm a ,lo Sullstsuoo sallg!3e; spm paddlnba woo.iyleq e gl!m p2p!Awd oq pegs saouap!sai aleSOiSuo3 pug s2snog Sui2pol `spun Sulpawl saauaplsas 9389aA003 pue sasnoH SulBporl'silu(l SulllabU (e) 'SOS WS uollellUes apoj Stuppng oql;o (e) £l££ uotloaS yl!m aouepaooae ul sawil Ile le pol48tl dlalenb -ape aq Ileus simmllxa laglo pug si1B)s sAumlluq otlgnd [IV 'sdBmIIBH (P) •ne all wo3j s.topo anowai 01 pau31sap 33lAap Jel!wts Jo ural lutlulnauaw Ir3turg3aw panwddu ur ql!m palgl!luaA aq kow swoon ir1!wts pur `joaiagi uotleut(Iwo3 io dioieAul/0109013 Jalem a dluo u!eluo3 4314m swoo141e8 •$utpi!nq all o)w Sumado due ww; iaaj £ ileal le aq pegs ite lsneyxa Jo a83ey3stp ,10 lutod ag,L •pap!Aoid aq Reqs moq .tad soguega lie any Swp!Aoid ,lo olgede3 ap!slno ay1 of dpoa 1p p2132uuo3 utalsds uo!lel!)uaA 1931ne430W e'swooi tel!wts pug 'swooi djpunel `joaiayl uotieulgwoo 3o .tamoys io gnlgieq a Swweluoo swoojy)eq ut uo!lel!luaA lein)eu joj sSutuodo joualxa pwinbai ,10 nail ul •laa) ajenbs z/i l ;o wnwtu!w e qpm sw001 gins ,10 8239 Aoo1! all .lo glapuami auo ueyl ssal lou eaie ue qpm sgutuodo 3ouaixa algeuado jo sueaw dq uo!lrl!luaA Iran)ru ql!m pap!Aoid 3q Ileqs swool iepwis pug swooi ,Gpunel 'sluawuedwo3 lasola Salem 'swooayleg •ap!slno ag) woj3 u011e1 aq Heys dlddns 1te oq1;o y);g auo •siopwo3 31 lgnd ut pug swooi olgepgeq `sauo)!uuop'swooi lsang pe ul lnoy Sad sa8usya ne oml Swp!Aoid;o algede3 oq pegs walsds g3nS •pap!Aotd oq dew w21SXS SutlelpuaA le3tusg3aw a `uogel!luaA leJnleu lo; s8wuado joua)xa paitnbai Jo nail ul ')aa; ajenbs S 3o wnwtutw a yl!m swooi vans )o rate fool{ 2g1,lo gi2lluoml auo ueq) ssal lou to eaie ue q)!m sSutuodo jouaixo olgeuodo ;o sueaw dq uollel!1uaA Ieinleu yl!m pap!Aotd aq pet's a3uap!sal a)eSoj2uo3 .io )tun Suglamp a utyl!m swooi a19e1!gey pug swooi lsan[) •uoliel!luaA (a) SOS woo oNIsl1OH nNOANn 166& 3000 oNIsnoN nllOdiNll 468& 909 -'OS i 9 - 1 1 601 1991 UNIFORM HOUSING CODE Chapter 6 STRUCTURAL REQUIREMENTS I General Sec. 601. (a) General. Buj� }CpW1r suwtures may be of any types of construction permitted by the c. Roofs, floors, walls, foundations and all other structural componeala ttWldinga shall by capable of resisting any 1 and all forces and loads to which they may be subjected. All structural elements i shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. j Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code. ;+ (b) Shelter. Every building shall be weather protected so as to provide shelter { for the occupants against the elements and to exclude dampness. j(c) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Building Code. 3 I 1 1 �I k :9 • .x j 10 I 1991 UNIFORM HOUSING CODE 701 Chapter 7 MECHANICAL REQUIREMENTS Heating and Ventilation Sec. 701. (a) Heating. Dwelling units, guest rooms and concregate residences shall be provided with heating facilities capable of apkinisiWag a room temp- erature of 70T. at a point 3 feet above the floor in all habitable. rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Chapter 37 of the Building Code, the Mechanical Code, and all other applicable laws. Unvented fuel-buming heaters are not permitted. All heating devices or appliances shall be of an approved type. (b) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type. Where there is electrical power available within 300 feet of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture. (c) Ventilation. Ventilation for rooms and areas and for fuel-buming appliances shall be provided as required in the Mechanical Code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 504 of this code, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof. 11 E& 'apoa Su!ppEl ogl3o 8£ xalduq, Aq pw!nbat juawdlnba jo swalsAs 8u!gs!n8upxa-a jU ajeudoiddu a4i q1!m pap!noad oq 11¢gs pus `Apadoad uo uo!leaol pus uopannsuoa;o WAI '63usdnaao mupdoidde aqp jo; apoo 8u!pI!ng a4l dq pwmbw se uolIanJIsuoa ae!)s!sw-wg ;o aw8ap aq) ql!m pap!noid aq llegs;owagl suo!pod jo sgu!p1!nq 1 I '106 WS Isiaua0 l06 N0113310ad 3a1A g J90843 3400 SNISnOH nuo:uHn L66L a� -slool aj&mdas jo asn aqj >nopm Swuado jeala IInJ a ap!no-id of ap!sw aqi wo{{ algeiado aq Reqs sj!un aU •anosai ao adeaso .(3uaSjawz joj panoidde joop joualxa jo mopu!m apuodo ouo Is9011e ane4 11e4s boas 4pno3 aqj molaq swoo.i 8u!daals •apOj 8u!pl!ng aqj;o ££ ianda4J dq pagnbai se soausuapndde pus s iemi!za'sl!Ya ql!m pap!noad aq llegs,lowagp suo!uod jo sau!pl!nq IIV '.ropWoa aggnd a of jo op!sino aql 01 (Ilawlp ssaaas aneq Ilvgs swooi isan9 jo sl!un SuylamQ -log •aaS Is�aua� SlIX3 g jelde4o 3400 JNIsnOH V4UOdINn L66& toe 1001 1991 UNIFORM HOUSING CODE Chapter 10 SUBSTANDARD BUILDINGS Definition Sec. 1001. (a) General. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby are declared to be substandard buildings. (b) Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary.. Inadequate sanitation shall include but not be limited to the following: 1. lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3. Lack of, or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities. 7. Lack of, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and ventilation required by this code. 9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (c) Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 1991 UNIFORM HOUSING CODE 1001 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings. (e) Hazardous Electrical Wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. (f) Hazardous Plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross -connections or siphonage between fixtures shall be considered substandard. (g) Hazardous Mechanical Equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. (h) Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include but not be limited to the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, found- ations or floors, including broken windows or doors. 3. Defective or lack of weather protection for exterior wall coverings, in- cluding lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. (i) Fire Hazard. Any building or portion thereof, device, apparatus, equip- ment, combustible waste or vegetation which, in the opinion of the chief of the fire 14 15 f, T..'T'..�.�...�rf.w��. wr�..w• ..n a7.T.,.. M r — `.-.. _.... . ... _. �.,�,.,,,. �.+� L4 ayi;o uon3s Aug 101ap10 put aollou ayl wol; luodde AM Swpi!nq a41 w lsalalu! [goal 10 211!1 p10321 Aug Sidney uosiod Aug 1941 (!) gu!s!npe sluawalels 'S •laumo sl! to A112do1d ayi isu!eog;oaiayl siso3 2q1 2glg43 put auop aq of )pom a41 asneo of paa3old Asw (p) pus `palaldwoo s! )pom oq1 lnun A3usdn33o laylm; luanald of palsod pug Pa1939A lulplmq 941 lapJo IPM (!) Is!3!l;o Su!pl!nq 0y1 P2y!3Ws awn aq) U141!m P2auawwo3 tou s! 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Panaldwt pug paulelu!ew Alolenbops uaaq aney luowdlnbo to swaisAs Su!ys!nSupwo-2+y pue .A1uSalu! 2n1191921 -all) 2sogm Pug uollanalsuoo 1!ayl;o awn 2y11e smel algeolldde pe 41!m Pauuo;uoo 4o!gm;oa12g1 suo!11od 10 sgulpling 0s0411da3xo'2po3 s►yl Aq pouinbw luawdmbo 10 swolsAs Su!ysmSunxa-aig to uollawlsuoo anns!sal-oig ayt ytlm papinold lou on Amp u2ym pmpuelsgns paa2plsuo3 2q llvgs ;oalayl suolvod 10 s8ulppng •luawdinbA SullgSUaala jo uolloalold-ail d aienbapsul (w) •a;q tmwny of snola8uep am yaigm 19!x2 suon!puoa 124[0 uogm 1o'llx2;o pp!m 10lagwnu olsnbape us;o 713B18'sl!xo jo u01le3ol ladoidwi ug y8nomp sislxo uompuo3 2;9sun ug 1841 spug 1B12g3o Swpl!nq aql uaym ptepuelsgns pa12p►suo3 all p94s;oala4l suo!uod to s8u!pl!nq 'uo!13n11suo3 nays ;o awn ayt 1t 132;;2 ul sluawannbal apoo yl!m aouggdwoa 9u!pue1s41!mI0N •piepuclsgns palap!suo3 all 1104% uonanllsuoa;o awl' ay1 01 luanbasgns kmiedn000 m 2sn u! 29us43 to suolllppe •suo!lelallg of anp peol lusdn000 w 2sealau! Aug of uonelal u! 41p!mjo12gwnu w pasgaiMl uaaq lou aney s2p!s!3e;1!x2 asoym to uon3n11suo3 rayl ;o awn 24119132i1a ul stuma.unbal apoo;o uolleloln In P21181su! alam S011999J Ilya asoym ;oaiogl suoltlod 10 sSulpl!nq `apoa slgl ;o suo!s!nad ayl 01 ou!uuo;uoo san!1!ae;1[x2 alenbape yl!m pap!nold uaaq aneq ym aly;oaiayl suo!llod to sgulpl!nq asoyl lo; 1da3xg •sllxa alenbapeui (p •apoo s!y1;o t1 laldegD ul pan!oads s91npmold aql ql!m a3ugp1o33e ulpalege aq Ilggs 4:)!4m splezey Ala;es 10 411824 `a1y salnlnsuoo saslluaud g uo suolllpuo3 to slgualew 191!w!s pug slgualew alq!lsngwo3 '1a1em iwlu8als •9209104194 181 `19}10 `2894[95 `sugap `lauew 3!ueolo psap'>tunf u01181 -283n'sp2om;o uo!l8lnwnwe 2U •saslluald A.iellussu(] to snoplez9}i (11) •plepuelsgns oq of lwpl!nq t 2sns3 llsys'uon!puo3 a;es pug pool u! paulglulsw Alalenbaps uaaq aney g3!gm pus apo gwppng j to pamolle Alleoy!aads ale g3!4m 29041 lda3xa ayl pug apoo sly Aq panoldde •uo!13n11suo3;o slgualew;o osn ou •uoli3nllsuoi;o sisllalsW Al1nBA (f) •Su!pl!nq pmpuslsgns a palap!suo3 2q pays asmm Aug wol; 8u!sue uolsoldxa to 2u3 3o Ausu2IM put pgalds a411uawgne o1 lan; Apsa1 e ap!nold 10 uolsoldxa 10 aly B asneo of se uolllpuoo s gins m s! )uawljedap 3203 oNlsnom waodlNn 1664 loot 1101-1102 1991 UNIFORM HOUSING CODE building official to the housing advisory and appeals board, provided the appeal is made in writing as provided in this code, and filed with the building official within 30days from the date of service of such notice and order, and (ii) that failure i to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (c) Service of Notice and Ordw. 7110 notice and order, the ord owner arta posted supplemental notice and order, shall be served upon on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; aria the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the Provisions of this section. (d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy fsuch to each and l order by certified mail, postage prepaid, return receipt requested, person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of y such person so appears or is known to the building official, then a copy of tnotice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (e) Proof of Service. Proof of service of the notice and order shall becertified e%ecuted to at the time of service by a written declaration under penalty of perjury torvice, declaring the time, date and manner in which by the person effecting se service was made. The declaration, together with any receipt card returned in certified mail, shall be affixed to the copy of the acknowledgement of receipt by notice and order retained by the building official. Recordation of Notice and Order Sec. 1102. if compliance is not had with the order within the time specified j therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building, and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate. 18 1991 UNIFORM HOUSING CODE 1103-1104 Repair, Vacation and Demolition Sec. 1103. The following standards shall be followed by the building official (and by the housing advisory and appeals board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure: 1. Any building declared a substandard building under this code shall be made to comply with one of the following: ing ce w A Code orlother currending shall t code applicable o threpaired in e type of s substandard conditthe current ions requiring repair; or B. The building shall be demolished at the option of the building owner, or C. If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained against entry. 2. if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. Notice to Vacate Sec. 1104. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section I101(c), be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building. or to remove or deface this notice. Building Official ........of....... (b) Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Subsection (b) of Section 1101, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a f the Building Code. Certificate of occupancy issued pursuant to the provisions o Any person violating this subsection shall be guilty of a misdemeanor. 19 LZ -POPJ Alawp Pug Apodoid st 40lynm wa►;212gl Igoddu we jo Couapuad all Suunp pz,(gls 2q Ile4s apo0 s!yl �2pun panss! le!o1 }o Su!p►!nq 0y1;o J2p10 pug 23!1ou �Cug;o,uowaa10;u2 'ti01 [ uo!10aS of luunsind apew sJaplo uo!le0en io; ldaaxg o Bul/(BIS IeaddV .lapun iGW01 •lg2dde aq) jo Suueay ayl ul p0i2pisuoa aq Ile4s luelladde ay1 �q p0SlB1 Alleoi3!02ds sonssl .10 s.lauew 2soy1 A1u0 '£OZI 'aaS lsaddd uo Bul leaH 10 WOOS •jo2tayl uoluod Aug of �o �aplo pug a31 OU ay1;o uo!1golpnfpe pue Suueay anllg�ls!u!wpe ug of lySu ay1;o �an!gm a alal!lsuoo 11eys IOZI PUg 1011 suo9oOS;o suols!notd ayl 4um aoueplo0oe u! leadde um aP3 0l O°� eaddV of aA I sd 10 1090 3000 ONisnoN WNOAMn mu VOZ 4-Zoa oz •leadde oyl uo um0ys ssa.IpPe a41 lg luel,adde 041 01 possa.ippe'p!eda.cd aflelsod'Jo2.1341ddo0 a 3u!I!gw Aq JO (IIBUOSJad u laJJas ay101 Pwanllap aq o1 aallou vans jo AdoO r. Swsnu:) Cq layl!o pcgoq aql; ayl Aq lug►ladde yoea o1 Suueay aq) jo 318P 241 0l Loud srtgP Ol lseal lg uan!3 aq Ile4s Suueay 2y1 ;o a0g►d pug owl) 241 !° 2o!1ou ua11uM '1E101Wo Sulpl!nq ayl yl!m p21y sgm leadde aq) algp ayl wog; s,Cep 09 ugyl aiow Jou sAgp 0► ueyl ssa► lou aq llB4s a1up 4anS 'pieoq ay, Aq Igadde 2y1;o Swjgay ayl lo; aoeld pue 0w!1 '21ep g xy II04s PJB04 slgadde pug fJos!npe Su!snoy ayl 'leaclde uauum 041 SUTAIa:)aJ ialjv a14e011ovid se woos sd •3ulje8fl joylgaddd SulallON pue BullnpayaS (0) •s►eadde;o piuoq 04) JO Sull2aw 1moods jo ie,nSa1 ixau ayl 1e 1! luas2.cd lleys 191mijo Su!pl!nq 9141'u0!13as s!y1 of luensind pa,y leadde Cue ;o 1d!aaw uodn •leaddd,lo Sulss330id (y) aa!lou ay1;O aowas ayl;o a1up 041 wa; s�Cep 01 lecoc to Swplmq ayl;o jap�o Pug wgltm paly aq Ileys lgadde yons 'ti01► uollOaS y1!m aouepjoo0g ut palsod s! Pug p2leoen P213PJO s! pug Apadoid luoaufpg jo o!►gnd aql ju �ilaps jo Cuadad `yw!l 'a;!i ayl of snojo2uep (101u!paww! 7! a�1ew of se uoU!pu0o 4ono uo!10 1 o japio jo Butpl!nq 2y1;! 1g41'Janamoy 'p2p!nojd 'jg!aijAlo Su!plmq 2416 eaddg a P yons ,o a0!n�as ayl;o alup 241 woij s L'P O£ u!y1!m pa►y aq II 4 s s I U •lgadde 241 w palels sjaum aq) jo 4117u1 341 01 se luelladde ouo lseal 1g 3o (tinflad 3o ,(lleuod lapun uo!)eie,0ap Cq) uo!lgoyuan ayy 'L S2ssa.cppe Suipw lelacwo nay, pug sluelladde se powgu sa!ugd jig jo seimeuS!s 041 '9 •2p!se las osimiaglo Jo pay!pow 'pM2e2i 2q pinoys u0113e Jo japio pols2lo.cd ayl paw1e10 s! 1! Aqm suoseaa aq) pug 14$nos;a!►2a ayl;° 23gn3uel aslouoo pue ,Ggu!pjo u! luawalels;auy V 5 •lur.Iladde ayl to suollu21uu0 ay1 >Joddns of pawn 10 slog) ,eualrw All, yum ja�Pa3o1 'palsalo�d uo!10r. jo joplo oc3!aads leyl;o aSgnSuel as!0uoo pug tigwpio u! luawalgls )a!ly V 4 •jofUo put, a0!lou 341 ul panlonu! Pug, ayl jo Su!ppnq ay1 ui sluepadde ayl;o 4390 JO lsacalu! 1gSa1 2y1 qvo; Su!uas luawalels;auq V '£ ,e2ddg ayl w Sulled!a!ved sluelladde Jig ;o soum 2y1 Su!A19 ........... ;o sleaddd,, :Su!pgai uogdgo d 'Z ..........jo ...... ayl;o s,g2ddd;o plgog ayl a'O;ag„ :splom ayl u! Su!peaq y 'I :SUI W gl°°a IvWdo uauum u lg!ocWo Su!pl!nq 2y1;o a01Wo 2g11g Su►ly Xq apoa slyl1apun,g!ot�;o Suippnq ayl 3o u0,10e �iug JO -12PJO pug a311ou Aug wo1; leadde um (0)1011 uonOaS japun a0!ruas 01 pap!lu2 uosi2d Aud leaddy,lo w -10d (g) •IOZI '3aS lejaua0 -Id3ddd Z l ja;de43 3400 JNisno" WU0JINn 1661 &M 1301-1303 1991 UNIFORM HOUSING CODE Chapter 13 PROCEDURES FOR CONDUCT OF HEARING APPEALS 1 General 1 Sec. 1301. (a) Hearing Examiners.The board may appoint one ormore hearing { examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers jrelating to the conduct of hearings until it is submitted to the board for decision. (b) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by j the board. ! (c) Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon,request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. (d) Continuances. The board may grant continuances for good cause shown; 1 however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter remains before the examiner. (e) Oaths—Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. i (f) Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. Form of Notice of Hearing Sec. 1302. The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at .............. on the day of....... , 19....... , at the hour....... , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you, You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or 1 name of hearing examiner)." aSubpoenas Sec. 1303. (a) Filing of Affidavit. The board or examiner may obtain the issu- ance and service of a subpoena for the attendance of witnesses or the production 22 1991 UNIFORM HOUSING CODE 1303-1304 of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular. (b) Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. (c) Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor. Conduct of Hearing Sec. 1304. (a) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. (b) Oral Evidence. Oral evidence shall be taken only on oath or affirmation. (c) Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. (d) Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons arc accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdictions in this state. (e) Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. (f) Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. 1 To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; b. To be represented by anyone who is lawfully permitted to do so. (g) Official Notice. 1. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board. 23 SZ •ulaaayl paieis se 2q llgys uols!32p 241 jo MP ae113302 OU •uolslOaQ Jo aiea amWA121(4) •peis2nbai ldi2aai wni2i •p!edaid 28eisod I1!ew p2g!uao dq ui2s io dlltuosi2d iuelladde ayi oI pai2nllaP 2q Itg4s uo!slaop ayi jo ddoa d •yi!m po!ldwoo oq of sivawailnbw ayi pus'palumid s2nssi ayi jo uoUeuluualapg 113ej jo s8ulpuy u!eluo3 pays pug 8uuum ui aq pays uols!aap2411 •uolsl3aQ Jo w.iod (8) •uoims 9!41 jo suolslnwd ayi yiim dldwoa lleys pmoq ayi dq uolsimp pasodoid vans jo uopwap!suoo •p2u!wgns Sl 2362p!na leuolilppe due nip jo2iay (q) uopwgnS ut pop!ewd se uo!si32p pasodoid pue uodai a amdaid ileys.iaulwexa 211) h2ulumx2 Suugay a of pau8lsseai 4Z s! 0993 041 J1 •03uap!na leuoli!ppe 0$el 01 laulwgxa Suueay Iayioue Jo awes 041 of asua ayl ,►alai ,(uw to •a3uap►na l9uon!PP9 8ulj91 )noyl!m .io yi!m'l! aiojaq piO3ai anlua 0111 uodn asea 041 op!32p duw pieoq aq] '(a) uoli3asgnS u! Pap!nwd se poidope lou s, uoesl30p posodoad ayi jl •poldopV IoN uolslOaQ pasodo.id (l) •uols!3ap pasodwd ayl djipow dew io dtailluo si! ul uo!s!3ap pasodo.id ayi 132Ca.i io ldope dvw pieoq ayZ •pjsog ayl dq uolllsodsIG (a) 'pi9oq ayi of ivawn8.ie leio luasaid dew clued due 'p.ieoq ayi jo 0ne01 dg •u01813ap vans jo uoddns u! Iuawnlw uailum a yl!m jayla8ol uo!s!3ap posodwd g olamp gnus dew pun uodai s,lau! W¢xa aql jo liv io lied due of suogdaaxa uauum 21y dew clued due'uodai ayi .iap!suo3 0l las aiep ayl eaojoq sd9p oml ugyi jalel ION •l iodaa of suollda3xa (p) -s2!ued 2y1 jo lie dq poi9lnd!is as!nvaylo si l! ssolun •poxg olup ayi of loud sdep aeg ueyl ssol lou du9d paisaialu! ya92 of pol!gw aq llu4s joaia4) 031loN •uolsl3ap pasodoid pus uodai s,iauiwexa aill Jap!suo3 0) 23old pus alep 'awil a x!I 1194S P VOq a4.L '301JONl—pJeoli Xq liodaa Jo uolleuaplsuoj (a) 'PJ$Oq ayi 41!m p219 eue days 219p ayi uo deed 43ea of p2leew aq 11949 uols!a2p posodoid pus uodai vans 43ea 10 ddoa d •plooaj a!lgnd jo siollm oq pgys pn3oq a41 yi!m pale suodai s,.iaulwexa 11V 'asea a4l ui uo!sla2p sl! s9 pieoq oql dq poldope 29 dew l! legi uuoj vans u! uo!slaap pasodoid g ulgiuo3 pays osl9 uodai oU •suo!lepuawwoaai pus suolsn' * •s8wpuy S-12u!umxa 2yi 21919 pue Paiap!suo3 23u2p!na 041 jo Aiewwns jauq a ulBluo3 11949 uod2t 4anS 'PmOq 041 w uodai ualium a i!wgns (posol3 s! 8uueay ayl amp 2111 uuuj sdeP06 P223xa 01 lou) 2wli olgeuos9ai a uigl!m lleys jau!uiex2 241'auole Jaulwexa 8uueay g dq pi9ay st asea pals2luoa 931 uaulwex3 ayl Sul ieaH (q) Uo!sl3ap ayi u! ued 0491 Jo uo alan lou 11e4s s8ulpa2awd ayi jo pio3ai anlua ayi peal lou sey J0 03u0p!na ayi 1904 iou p!p oym joamy iagtuaw 9'jlosl! pjeoq 241 aiojaq pUeay s! =3 palsaiuo3 a ua4M 7lasll p.isog a.iojaq 8ulrgaH (e) 'SO£l '33S uolsla O JO uu0:A pus P0419NI aaulumxa Suueay.10 pieoq ayi dq palels os siau9w ayi meldx2.ioingajoi lySu a ane4 Heys u041,dued y3eg •wwjaia4l umiup suolsnlauo3 241 pug Paniasgo sl3gj leu2lew 041 uo!laadsui 041 jo uo!loldwo3 uodn pjo3ai ayl Joj 21eis ilgysjaueumxo 8uueay 2yl io preoq ayi (n!) pue'uo!iad 3sui aql Sump luosoid oq of duunuoddo lie u2nl8 aie saeued ayi (n)'apew sl uo!laodsw ayi aloj2q sa!ligd 2yl of uanl8 aq Heys uollaadsui y3ns jo 2390u (!) ig41 pap!noid '8uu¢aq ayi jo asino3 ayi 8uunp leadde 2yl u! panlonu! soslwaid io Sulpllnq Cue 13adsui dew Jaulwexa 8uueay 041 jo pieoq QtLL •saluia.id agl Jo uollaadsul •t WulumxO 8uueay io pnoq 241 dq pouluuolap aq of uo!ielnjai vans jo j2uuew ayl 'dll.ioylne jo uo!ieivasaid leio jo uauum dq 10 23uap!na dq siallew paa!lou (Iiv!3ljlo ayl 01njai of 'isaobw uo 1punljoddo olgeuoseaj e uanl8 aq 11eys Suueay 241 is mosaid sallied •alnja,i of Cl!unlioddo '£ •ol2i2yi papuodde jo'u!ajayl of paii2jaJ'pio3ai ayi w paiou 24 llgys siallew asayl pus'pa3!lou 2q of sjallew D41JOpaunojul29ligys8uue04241isjuosaidsalu9d'pa3gouagols011rgd Z S06L 3003 Wsf10H NHOdINn Lou 3003 oNIsnoH wNwiNn L66 SocVvoEL 1991 UNIFORM HOUSING CODE 1401 Chapter 14 ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS Compliance any order of the building official or the housing Sec. 1401. (a) General. After adv isory and appeals board made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Obey Order. If, after an►deo of ode has dome final, cial or housing the advisory and appeals board made pursuant person to whom such order is directed shall fail, neglect or refuse toobeynder order, the building official may (i) cause such persontaction two abate such Subsection (a) of this section or (ii) institute any appropriate building as a public nuisance. airordemolitionis (c) Failure to Commence Work. Whenever the requiredre p not commenced within 30 days after any final notice and order issued under this code becomes effective: 1. The order to bebvtilding acat d by tposting at each entrance cial shall cause the ding thereto a no�tiice reading:such and SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ........of....... 2. No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a Certificate of occupancy issued pursuant to the provisions of the Building Code. other reined herein provided, 3. The building official may, in addition to any Y cause the building to be repaired to the extent necessary to correct the conditions which render the building substandard as set forth in the notice and order, or, if the notice and order required demolition, to cause the building to be sold and demolished; or, to be demolished, and u materials, demorubble litiobris n shall therefrom be removed and the lot cleaned. Any id and recovered in the manner hereinafter accomplished and the cost thereof pa' provided in this code. Any surplus realized from the sale of any such building, or 26 1991 UNIFORM HOUSING CODE 1401-1403 from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. Extension of Time to Perform Work Sec. 1402. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order. Interference with Repair or Demolition Work Prohibited Sec. 1403. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractororauthorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. 27 6Z . ysnf wap ,(ew p se aSJega ay)10 11odaJ ay1 m uollEOWPOw Jo UOIM.Uoa'uolS!naJ vans a31ew AM ApOq an!1nlSISal 204,1, •sls21o1d Jo suonoafgo yaps 6m, 041!m J0412201 lvIoWo Su!pt!nq ayl Jo 1JodOl ayl uodn sled pug J921.1 1194s 110113 s!Jnf 5141 Jo ,Apoq an!IelSISal 2141 'Suueay 2g► JoJ pax!J Jnoy pug Cep ay1 uod fl' 6UIJ S sisa>I0M ! •paJap!suoo aq Ile4s suonoafgo Jo slsaloJd 121410 ou pug `Suueay 21110;las awf !l 214, IV uo!lalPs►m slyi Jo Apoq anllelslSal ay) 01 suoll*go Jo slsalold flans lu2sald 11¢145 1tJa10 ayy •lddaw Jo a)ep ayl uollaafgo Jo1s310id vans (Jana uo aslopua llugs uono!psunf. 5141 Jo)ljap ay,l, .uo!loafgo Jo lsalold flans;o spunOJ9 214) pug palsalalu! sl;oaJayl 1auS!s 2141 go!4^� u! 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The decision of the legislative body of this jurisdiction on the report and the charge' and on all protests or objections, shall be final and conclusive. A Sent personal Obligation or Spednl . . See. 1605. (a) General. The le of this jurisdiction may thereupon ' obligation of the property owner order that said charge shall be [Wade a �vaollved or assess said charge against the property ' m (b) personal Obligation• If the legislative body of this jurisdiction orders that charge shall be a personal obligation of the property owner, it shall direct the the attorney Jurisdiction to collect the same on behalf of the jurisdiction by use attorney of this of all appropriate legal remedies. jurisdiction orders that (c) Special Assessment. If the legislative body of this j charge shall be assessed against the property' it shall confirm the assessment, the sethe on the assessment roll, and thereafter said as - cause the same to be recorded nt against and a lien upon the Property - contest shall constitute a special assessme g Contest visions of this x,1606. The validity of any assessment madeon or under mss � Sam is chapter shall not be contested in any assactessment is placed upon the assessment commenced within 30 days after the assess in such action or roll as provided herein. Any appeal from a fmal judgment of such judgment. proceeding must be perfected within 30 days after the entry Authority for Installment payment of Assessments with Interest x,1607. The legislative body of this jurisdiction, in its discretion, may determine that assessments in amounts of imo.00 or more shall bE payable in not to exceed five equal annual installm ms.'IU legislative body's determination to allow payment of such assessments in installments, the number of is retaislometion whether they shall bear interest, and the rate thereof shall be by adopted prior to the confirmation of the assessment. Lien of Assessment g placed on the assessment Sec.160S. (a) priority. Immediately upon its being nt shall be deemed to be complete, the several amounts assessed 8 of roll, the a wmme menta shall be liens against the lots or parcel shall be payable, and the assess to all existing special land assessed, respectively. The lien shall be subordinate and shall be assessment liens previously imposed upon the same propel paramount to all other liens except for state, county and municipal taxes. with which it shall be upon a panty. The lien shall continue until the assessment and all interest due and payable thereon are paid (b) Interest. All such assessmems remaining uttpaid after 30 days and shall bear nt roll shall the become delinquent date of recording on the assem T �" "'m and after said date. interest at the rate of 7 percentper 16o0-1612 1991 UNIFORM HOUSING CODE Report to Assessor and Tax Collector: Addition of Assessment to Tax .8111 Sec. 1609. After confirmation of the report, certified copies of the assessment shall be given to the assessor of this jurisdiction and the tax collector of this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. Filing Copy of Report with County Auditor Sec. 1610. If the county assessor and the county tax collector assess Property and collect taxes for the city, a certified copy of the assessment shall be filed with the county auditor on or before August 110th o e descriptions the ouassessorap ls reported shall be those used for the same parcels books for the current year. Collections of Assessment: penalties for Foreclosure Sec.1611. The amount of the assessment hall b collected d and shall be same time and in the same manner as ordinary Property subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the legislative body of this jurisdiction has determined that the assessment . shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is sujects to he same penalties and procedure for sale as provided for ordinary property " S Repayment of Repair and DemolitionFun the charge or assessment or Sec. 1612. All money recovered by payment from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund. 31 PROPERTY MAINTENANCE ORDINANCE COMPARISON MATRIX ITEM DRAFT PROPERTY MAINT. ORD. UNIFORM BUILDING CODE CH. 99 UNIFORM HOUSING CODE - CHAPTER_ Not allowed in front and side yards. Emergency or minor motor vehicle repair on paved parking area allowed for seven consecutive days Sec. 9905 Motor vehicles (operative or not), mobile equipment, or abandoned vehicles not allowed for UNREASONABLE time periods Not addressed (N/A) Single family - Storage abutting street Permitted in side yard, screened from view. Must comply with City Codes N/A N/A Single family - Storage not abutting street N/A N/A _ 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 N/A Commercial - storage in approved yards owner - Same as commercial. NIA N/A 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. Section 9904 Substandard Conditions lists same conditions as proposed ordinance Chapter 10, Section 1001 lists same conditio as proposed ordinance and UBC Sec 9904 Deteriorated siding materials, dry rot, termites, dented or rusted siding, broken or Building maintenance 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 Areas shall be kept in neat and clean Sec. 9905 Prohibited are overgrown Ch. 10, Sec. 1001 Accumulation of weeds, maintenance condition, free of weeds, debris, dead, vegetation, dead trees, weeds, debris, vegetation, dead organic matter, debris, diseased or dying vegetation. Vegetation shall maintenance of premises out of conformity garbage, offal, rat harborages, stagnant be mowed, groomed, trimmed, pruned , and with maintenance standards of adjacent water, combustible materials, and similar watered to maintain healthy growing properties and which diminishes the values of materials or conditions on a premises condition. Irrigation systems shall be kept in such properties constitute fire, health, and safety hazards working condition to prevent public health hazards Fence and wall Fences and walls must comply with all Sec. 9905 Structures unsightly by reason of N/A maintenance applicable codes in a manner so as not to location or condition shall be deemed detract from the appearance of the immediate substandard neighborhood and to protect the health, safety, and welfare of the user, occupant, and general public Multifamily - Shall be maintained to codes so as not to N/A N/A 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 - Same as multifamily. N/A N/A Maintenance of parking and similar areas Industrial - Same as multifamily. N/A N/A Maintenance of parking and similar areas Nuisances N/A (Addressed under Sec. 1 of Abatement Sec. 9905 Any condition dangerous to Ch. 4 Defined: any public nuisance known Procedures, pg. 3) children in the form of abandoned, broken, common law or in equity jurisprudence, or neglected equipment or machinery. attractive nuisance which may prove detrimental to children whether in a buildii on the premises of a building, or on an unoccupied lot, or whatever is dangerous to human life or detrimental to health, as determined by the health officer. at ig Broken or discarded N/A furniture, household equipment in yard areas for exceptions or special use permits, or to cause unreasonable time periods, and clotheslines in front property values. yard areas Neglect of premises Part I, Purpose and Ir Hazardous wiring NIA Inadequate or faulty N/A mechanical Ch. 10, Sec. 1001(g) Hazardous mechanical not installed according to code or equipment adequate heating facilities. Faulty construction N/A materials substandard. Hazardous buildings i Addressed under buil Inadequate exits NIA Sec. 9905 Any and all listed conditions shallI NIA constitute substandard property. Ment Sec. 9905 Willful neglect to spite neighbors, N/A influence zone changes, 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. Sec. 1001(e) Wiring must comply with codes. Sec. 9904 Each dwelling must have safe Sec. Ch. 10, Sec. 1001(g) Hazardous mechanical not installed according to code or adequate heating facilities. equipment accepted standards shall be considered substandard. Sec. 9904 Construction materials shall be in compliance with codes. ding maintenance. UBC Sec. 203 shall define conditions of hazardous buildings. Sec. 9904 Buildings not providing adequate exits as required by codes shall be considered substandard Ch. 10, Sec 10010) Use of materials not approved by code shall cause a building to be substandard. Ch. 10, Sec. 1001(c) Structural hazards Ch. 10, Sec 1001(1) Inadequate exits shall cause a building to be considered substandard ABATEMENT PROCEDURES Procedures for abatement of public nuisances Appeals Abatement of public nuisance by City Abatement of imminently dangerous public nuisance Account of abatement costs A. hearing Notice B. Conduct C. Order of abatement D. Extension of time to perform work Sec. 2 Establishes processes for the appeal of notices before the Planning Comission Sec. 3 Establishes procedures for abatement of public nuisances by the City Sec. 4 Establishes special procedures for abatement of imminently dangerous public nuisances Sec. 5 Establishes procedures for the accounting of costs incurred by City in the abatement of public nuisances 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 Sec. 9925 Work by private party ec. 9926(a) Work by County, procedures Sec. 9926(b) Work by County, emergency procedures Sec. 9927 Costs - All costs involved in abatement proceedings Ch. 12, Sem:. 1201(x) FOr"I 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 Ch. 11, Sec 1101(x) Commencement of proceedings - Building Official shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of building Ch. 11, Sec. 1103 Repair, vacation, and demolition - imminently dangerous building shall be ordered vacated by the Building Official Ch. 16, Sec. 1601 Account of expense, filing of report - Building. Official is responsible fOL maintaining itemized account Procedure for special Sec. 6 Establishes procedures for notices of Sec. 9928 Notification of costs - Building Ch. 16, Sec. 1605 Personal obligation or assessment hearing and protests of proposed special Rehabilitation Appeals Board shall notify all special assessment - charges against the assessments parties of decisions property shall constitute a special assessment Hearing on proposed Sec. 7 Provides for the decision of the Sec. 9928 Notification of costs - Establishes Ch. 16, Sec. 1604 Hearing of protests - assessment abatement Planning Commission on the report and the process for notification of abatement costs legislative body may confirm or reject assessment assessment Contest of assessment Sec. 8 Provides for contest of decision by Sec. 9928 Establishes rights of appeal for Ch. 16, Sec. 1603 Protests and Objections - Planning Commision on assessment within 30 parties assessed for abatement Allows for filing of written protest or days of confirmation by resolution objection Notice of lien Sec. 9 Provides form and contents for notice Sec. 9927 Costs shall become a special Ch. 16, Sec. 1608 Lien of assessment - liens of lien certificate assessment against the property shall be against assessed lots or parcels Procedures for Sec. 10 Provides for the collection of Sec. 9929 Provides for collection of Ch. 16, Sec. 1611 Collections of assessment: collection with assessment through the regular collection of assessment through the regular collection of penalties for foreclosure - shall be collected at regular taxes taxes taxes the same time and in the same manner as ordinary property taxes Remedies of private Sec. 11 The provisions of this section shalll not NIA N/A 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 Right of entry Sec. 12 Right of entry shall be governed by all Sec. 9931 Interference with any authorized Ch. 14, sec. 1403 Interference with repair or applicable state and federal law person in the abatement of substandard demolition work prohibited property is prohibited Continuing violations Sec. 13 Each and every day of violation shall N/A NIA constitute a new and separate offense Penalties for Sec. 14 Prosecuted as misdemeanor or Sec. 9932 Prosecution - "shall be guilty of a Ch. 14, Sec. 1401 Compliance - "failure to violations infraction at the discretion of the prosecuting misdemeanor..." comply with any such order is a attorney misdemeanor." Injunction Sec. 15 Provisions of this chapter may be N/A N/A enforced by issuance of injunction by any court having jurisdiction Other abatement N/A Sec. 9933 Shall not restrict enforcement of N/A procedures other ordinances provided by law Sec. 9934 Adoption by reference of section NIA NIA 22660 of vehicle code AGENDA ITEM NO. 8.2 NO DOCUMENTATION AVAILABLE INTEROFFICE MEMORANDUM CITY OF DIAMOND BAR TO: Terrence L. Belanger, City Manager FROM: Frank M. Usher, Assistant City Manager SUBJECT: Conceptual approval of and continued action regarding a Business Retention, Attraction, and Development Program DATE: March 11, 1994 ISSUE: 0 Conceptual approval of and continued action regarding a Business Retention, Attraction, and Development Program for the improvement and promotion of business in Diamond Bar. RECOMMENDATION: It is recommended that the City Council give conceptual approval to an outline and action plan for a Business Retention, Attraction, and Development Program for improvement and promotion of business in Diamond Bar. BACKGROUND: There has been expression of interest by City Council Members, Chamber of Commerce representatives, and interested business persons in Diamond Bar to develop and participate in a Business Retention, Attraction and Development Program. The Council's Economic Development Committee, Chamber of Commerce officers, and City staff have met to provide direction for this process. It is our goal to respond to local business retention needs, to assist in business attraction efforts, to assist and facilitate business development, and to provide technical support and assistance. Participants will include the Chamber of Commerce, the City of Diamond Bar, and local business leaders. Other participants to be invited will include Southern California Edison, Southern California Gas Co., General Telephone, and local educational institutions. Activity areas will include: Retention, Attraction, Development, and Technical Assistance. In the Retention effort, teams from the participating organizations will visit with local business owners and business property owners to show that we are interested in their well-being, and to ask what we can do to help them be more successful. We will review our permit process for streamlining. We will work with the Chamber in development of awork residential with and business Welcome Wagon program. We business center in the development of promotional events. We will maintain open communications. In the Attraction effort, we will prepare useful marketing materials. We will identify types of businesses needed in in existing services or products). We will the City (gapsWe will complete the participate in focused n in advertising. with the Chamber. marketing brochure begun in coops We will work with the brokerage community in contacting and meeting with potential businesses. In Development, we will investigate activationof Redevelopment Agency to study the feasibilityto study financing and other redevelopment services, and appropriate areas for projectanrea Industrialshment. We Development ill investigate establi u oses. We will also need to Authority for financing p rP adopt a General Plan which has community consensus. In Technical Assistance, we will provide information about local financing incentives. We will facilitate dissemination of infWewillnparticipatefrom the ainfprovidingTrade and Commerce Agencies. information wffrwillhparticipate with Chgoavmbernm intProviding entities. small business education opportunities. y Recordkeeping b the Chamber will be necessary in connection with this cooperative effort. It is our intention to provide a desk -top computertotheChamber for this purpose and for general Chamberoperations. In the budget for Fiscal Year 1993-94, we have appropriated $25,000. It is estimated that an additional appropriation of $15,000 will be necessary to accomplish the tasks outlined above, during the balance of the fiscal year. This will be recommended through the mid -year budget review process. SENT By -. RUTAN & 'iKKER 3- .. - ��; x r..! - - MHMRANDUM TO Diamond Bar ::it.y Council n ca ggpM; Rutan � 'Pucker �" Z DATE: March 1, 1994 _ =� m RE: public Records Issue 7`' ; � p4 -,-, This office was requested by the Interim City Attorney to c� m our previous opinion regarding the public record follow up on Gary Miller's personal fJua,nciai documents status of councilmember formation of a "no Conflict" opinion by the which were used in the former City Attorney. There appears to be two Major issues involved. The first issue is whether such records are "pub lic• for of dissemination to the general populace. The second the purpose records would be available for review by the issue is whether such discussed other members of the City Council. These issues are separately below. We reiterate our previous opinion that a city attorney's 1, of financial doeu�msnts of a councilmember for the review personal a conflict of interest opinion does not purpose of rendering transform these documents into "public necessarily serve to records" under the public Records Act. As previously noted, the Act a "catch-all" exception to public disclosure provides is no applicable statutory exception. This requirements if there to exception states that a document is not subject public if won the tacts of the particular Cage the public disclosure making the record public clearly outweighs interest served by not pSM"W154L -. aoivaJM. 03M194 the public interest served by disclosure of the record.' (Gov't Code 5 6255.) Although there are no cases which construe S 6255 in the 0 factual context of the present matter, we believe that a better argument can be made for nondisclosure under the facts presented here. First, any documents produced by Mr. Miller were doge so voluntarily and with the expectation of confidentiality in order to receive an opinion from an attorney. The purpose of producing the documents was to allow the City Attorney to render an informed opinion regarding the implication of a conflict. Most of the documents at issue were not directly used in forming that opinion, and all contain personal financial information belonging to Mr. Miller and others, the disclosure of which would constitute a public airing of private economic matters. The argument in favor of. disclosure would be that it would permit others in the community to "double check" the opinion rendered by the former City Attorney. However, this would be the function of the FPPC alone, which has apparently chosen not to pursue this matter. Therefore, the utility of public examination of the documents would be to merely publicize a eouncilmember's personal financial information. This office contacted FPPC staff attorney Janette Turvill regarding this issue, who stated that Public Records Act issues were not directly within the purview of FPPC opinions. However, she did provide useful information regarding the way the FPPC handles documents it relies upon in rendering conflict opinions. During the process of forming an opinion, the FPPC often FSr29M34134WIVMWLX 0"tM -2- SENT BY: RUUN & nCKER obtains personal financial documents from the subject individual. The FPPC does not consider such documents as automtically becoming public merely because they were used in forming the opinion. FPPC file documents are segregated into •disclosure" and "nondisclosure' categories Lor the purpose of Public Records Act requests. b1s• Turv.til stated that financial records which are already public, such as the Statement of Economic Interests filed by all.public officers, are disclosed by the BPPC. However, personal financial documents which are not normally subject to public disclosure, such as personal checks, personal transaction records, or tax returns; are most often not considered subject to disclosure under the Public Records Act and are placed in the •nondisclosure" portion of the file. Theref ore . even if this matter had been subject to a full investigation and opinion by the FPPC, it is likely that the documents at issue would not be subject to public dissemination. in the present situation, the question of whether the documents reviewed by the former city Attorney are public is now moot because the City does not even have possessiou of any of those documents and has no way of responding to a Public Records Act request. If the documents are subsequently revealed to the present City Attorney, we believe that they would still not be subject to disclosure to the public at large under the Public Records Act for the reasons previously stated. 2. The second issue is whether information revealed to a city attorney by one counciimember must be revealed to the other members of the council. There are differing views on this issue, and there does not appear to be any case law directly on point. nsl"v 1.%13 w1%201W5C COMM4 .3- SEW By:WrAN & TUCM • The argument against revealing such information is. that it would further the public policy of full disclosure of facts to the city attorney Without concern that these facts will be disseminated to others. This policy wag furthered in the present situation, as Mr - miller' a r.Miller's voluntary disclosure of confidential information permitted the former City Attorney to render a more informed opinion than otherwise would have been possible. The argument in favor of disclosure to the other councilmembere would be that the City itself is the client and the entire council constitutes the decisiolmaking body of that entity. In the present situation, even if the attorney-client privilege was inapplicable vis-a-vig the other four members of the council, the privilege would still apply as between the Council as a whole and the rest of the public. The attorney-client privilege applies to public agency clients even outside the Purview of the Brown Act procedures ( KobU a �. �; tv of PalmdalS (1993) 5 Cal - "h 363), and a public officer is entitled to claim the privilege to prevent public disclosure of requested information falling Within the scope of that privilege. (70 Op. Atty.t3en. 28 (19871. ) Therefore, even if there is no barrier to other Councilmembers' review of whatever documents Mr. miller may choose to later provide to the City Attorney, we believe that the documents would still not be subject to public disclosure because (1) they are subject to , and (Z� they are subject to the 6255 of the Public Records Act attorney-client privilege. We will be happy to answer any questions the Council may have Concerning this matter. MMW 0 %13.Om1120 VA. W01A4 - 4 - �n r n � W f5 -nZU M To: Leonard ROpei Robert Owen FRm= Interim City Attorney DATgt FebruarY 19, 1994 R8: Your Public Records Opinion o! February 15. 1994. of lebruary 15, 1991, The City Council, at its meeting to,"discuss decided to take you up on your generous siroffes". this matter further if the Council so desires". is no on the phone, As I discussed with IAO far as it gas. CertainlY dispute with your opinion, session o! the the mere fact that a writing a public in trecoords nor*does the public, does not make it ans to review it, more fact that the City Attorneythai�hat the question one point is significant, andthatletter of February it may well be aoot. Mr- AresYn nts, I.would not 1994, states. a . . if I had the docuM the point is divulge the sewn; however, since i y i quirt' was not somewhat academic, is it not?" Ohl nts, but concerned with the subject matter of the doci�records. simply whether or not the documents wore pstions remain: Along that line, at least two �,n�ezed qu Attorney happens to review tha l.. If the City sition as City Attorney, bil documents in his official po and then does, rely and act council City who intends to& ulace at large on the City AttorneYls opinion re conflict of Interests Public meetings. then is the PoPn Which the City and at pvb you spay entitled to review the documents �flict"? AttorMy, based his opinion of "no the votes in wish to add to the quoIperm nentact naturethat and character this case could affect the peAvogeneral pian t the issue I Of the coss#uni, os tdiscretionary land U86 Permits for adoption and nasi and major developwe Mas��usnnJ�.�w\N�Prii] I \c7w=^ If the City Attorney torney represents the Council, as a body, who holds the privilege of confidentiality? my initial opinion of January 6, 1994, was very brief, as I did not expect the issue to be elevated to the level of its present concern. I based that opinion on an extension of Ward, which I believe is the curnpresentted at the recite some of the passages -from Papersii City. Attorney's division at the last.League meeting in October 1993: 1. the city attorney's comunications with staff members cannot be kept secret lroa supervisors and that communications with indvidul USSIbaa s offull the CitCity . council, cannot be kept confidential council. Ithias riincipalt that der city avoid sisunderOfficial y understand P standings." "City officials must understand that their Z. are not protected communications with the city attorney anisstion. from disclosure to edgsupermay in momrs situationsPreclude Sven though this knowledge may it is isport- frank conversations with the city attorney. act be coswunicated to starf members or ant that this f members of the city council before a staff Member or with Members of the city coun city attorney that the personhove incvrrecatlynon believes wilithe be kept confidential." 3. "The practice of some city attorneys to advise their councils that they will not.disclose to the council itself any conflict of interest advice which has tbeen o be given van individual cOunnle 13-6001-- inil � us appears direct For the foregoing roasons, I declined the offer of Coun- cilmen Miller toreview be cies of the able to Meintain hio�wc ndi, because I felt I would not tion of confidentiality. Counailmn Rarrwny has requested that if or deur cisional ote pinion differ$ fromthat authWity be Provided forse cc:. City Manager City of Diamond Bar Mw,IK. 3V4 0094%110%"001pni11 %OwO f r..v 2 JAMES L. MARKMAN ANDREW V. ARCZYNSKi RALPH 0. HANSON JEFFREY KING O. CRAIG FOX WILLIAM P. CURLEY M MARSHA 0. SLOUGH JULIA A. KEMP PAMELA P. KING _/__ 110-1611 NUMBER ONE CIVIC CENTER CIRCLE HERIBERTO F. DIAZ February 1, 1994 BONNIE BAILEY -JONES Michael Montgomery 13200 Crossroads Parkway Suite 350 Industry, California 91786 P.O. BOX 1059 BREA,CALIFORNIA 92622.1059 TELEPHONE `17141 90-090 i 131 9 01 6 91-3 811 9113 FOOTHILL\01LEVAIR�r; Fn �_ SUITE 2 n_':'}! RANCHO CUCAMONGA, FnIFOREXAMO 90s1� 8 0-:342: y ' TELEPHONE I t908,.! 8 rr IN REPLY PLEAS9 REFE"'M Brea_ cn n 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, at 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 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 Seand ofwould, if nothing else, eviscerate the salutary purposes share, the with all attorney-client privilege. Moreover, simply 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. An sari 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 knoW'ing that you will simply aggregate thereof to any who inquire. That approach wou klyldthe doubtless, produce a client unwilling to impart, fr 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 f twaddleendless thrownstream for good measurer truisms, with a dollop o 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 LAW orate, 1 MICHAEL B. MONI'GOMFR)' A LAW CORPORATION ,si00C110 YNORTH SWE NO Cmr OF vjDU5TRf. CALFOOM 01740 11ELEPHM Na 800.1860 FACSIAM WQ W1064 ALSO ADMITM TO FLORIDA AND H&wj STATE BARS NMORANDUM TO: Mayor and Members of the City Council City of Diamond Bar T11ROUGH: City Manager FROM: Intorim City Attorn DAT19: January C 1994 SUBJECT: Separate. Legal Opinions OF COUNSEL MATTHEW C. BISHOP ALAN R SUMS' jOHN ROUM HiARFEW ��y�,YaFIa 1478 FOIJRTN STREET NAM, *%LrM* 9"" (M miam CRAM eE 90a OFFICE' . 4U S, pLASKu STREET ORANGE, OM"WIA OSMe -WU8oer C0W0ft d WENOY D• DAWER I hsvo reoeived the enclosed request for an opinion whole from Councilmember Yapen. I am responding to the Council because 1 am unclear of the Council'& policy re individual opinion requests. Mrs. papen'e question, the appellate decision in First, responding tq Sd ZS, 138 Cal. Rptr. Ward v . Su rior Con 1977, To be • App. gyrate attorney-client 3 , provides t t t e» blio spney attorney and each aoparate relationship between the p Ss, HBe � � � rapments the officers officer. As stated at page client relationship personally." Therefore, there is sl jimattof the council. No botween the attorMY apd the me ouin lay capacity as ca such relationship existing, any records gi to ate over es the City City Attorney, wld of neosssity have to be turned Claris. of the request. personnel and disciplinary As to the second p � dlsoloaure I where the releaseunt ld mattors are ORG invasion of personal privacy • �amo— constitute an uamrarran tsd Code ism. is I aai the oouncil to clarify whether or not the city. Attorney expected to respond to individual opinion requests. FAXZD THIS DATE TM Michael Xontgomery, Interim Cqk4ttorney FRpKt Phyllis Papen, Councilmembe DATV, January 5, 1994 SUBJECT: Attorney -Client PxivilsQa of COu""M'sabers CC: Terry Belanger, City Nan&Ver - - - - a - - - - Y - a - - a • - " - - - - - - - - - At the conclusion of last ni ht's council meeting or rather early trite ■orninq tapprox. 3:0Saml, ode. Harmony raise an issue regarding attorney client privilsgs for council�asawbers• pleasepprovide the council with the background inf0r"tion, a discus&ft of the issuc, your opinion. and code asOtion, etc. that would support your opinion. I .Understand your nanaatl personall business rUisl nationis noconidentil1. Does this also apply to personnel tile$? Disciplinary mations? Max Maxwell September 24, 1993 rage Two information I may have in my possession which he has provided tome. Accordingly, Mr. Miller has instructed me, notwithstanding the attorney-client privilege, to correspond with you regarding the matter. My review of our files reveals that the information provided to me by Mr. Miller was returned to Mr. Miller or destroyed by this office after review by the undersigned. Stated otherwise, it is not my normal practice to maintain personal, confidential records either of a business or individual nature with regard to clients on conflict of interest matters. I typically return such.documents or, at the request of the client, destroy the same in order to preclude any inadvertent release of personal, private and privileged information. Accordingly, specifically with regard to your request, this office does not maintain the material which was supplied to us. Very truly yours, raw V. �Arczynski city Attorney city of Diamond Bar AVA/nlc N\loll\LMAXWELL\DB 28.1 cc: Mayor Gary Miller (transmitted by fax) Max Maxwell -' 3111 Bent Twig Ln. Diamond Bar, CA 91765 114 861-4121 Andrew Arczynski, City Attorney City of Diamond Bar 21660 E. Copley Dr., Ste. 100 August 10, 1993 Diamond Bar, CA 91765 Dear Andrew Arczynski; 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 Forbinq, where Gary Miller stated his position as: "The purpose of this letter is to inform my City Council colleagues that -1 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 tc clarify the matter. Thank you, Max Maxwell LKr F1L"CY_MIL AGENDA ITEM NO. 9.1 NO DOCUMENTATION AVAILABLE INTEROFFICE MEMORANDUM Honorable Mayor and Members1-4 Of City Council TO: City Manager Belanger, FROM: Terrence L. - Number 2 RE: gy 1993-94 Municipal Budget Amendment DATE: March 10, 1994 Year 1993-94 Council adopted the Fiscal 1993, the General Fund: The City 1993. On November 16, on June 15, endment No. 1. The following is al Budgetroved Budg 2. Municip et An► city Council app endment No. the recap of Proposed Budget estimated Municipal Budget containedan in estimated FY 1993-94 Fund revenues and ent N , adjusted The adoptedin General endment No. 1 $8,662,900, Budget Am expenditures to enditures. 0 and estimated eXP General General Fund eXP 2 would adjustFund estimated revenues to $8,881,60 endment No. General 585• Proposed Budget u tgoe$lo,714,900 and estimated $8,579, venues Fund estimated re expenditures to $9,6441895*the proposed 2 and those between estimates of in Budget Amendment No. the result The dramatic difference ditures, 1 are substantially revenues and expenditures, No. there is an increase in On the revenue Side, which is the result estimated in Budget � of $927, between of several factors.tax revenues agreement, estimated property ro erty tax allocation ageles. There is of a recently approved p p County of Los Angthe form of of Diamond Bar and the evenues the City 503,000 in r increaSea to the State of California329v500ntransfer an estimated elate there is a $ reimbursements related Finally, Fund related to 000), Enhancement Program the Reserve al services ($225, Fund from S for special leg 000), into the General expend of County library services ($7e extraordinaryoexpY funding 500), and activities related partial, es ($14, Facility ($20►000). petition verification chaMaterials Recovery Facility is Safety ($45,000) to the proposed Industry from 000 is being transferred in estimated increase in $138, 000). The remaining revenue account and Gas Tax ($93'from changes to several revenues results d Budget Amendment estimates. in propose There is The expenditure increases estimatedto the Environmental bstantially the result of several factors- 000 No. 2 are su 503,000 related 225, an estimated expenditure of There is an additional o pay for ram Grant. to pay for two Enhancement prog345,000 FY 93-94 total) Prpro proposed adult and appropriation ($ Also, $70,000 is P pand for legal services. services ($60,000) Special s of library additional day materials ($10,000)• children media BUDGET AMENDMENT NO. 2 MARCH 10, PAGE TWO 20,000) has been allocated related trelated community action activities, er.als Additional funding ($ the proposed Industry professional consultantand to es include: to the continuing opposition proposed Chang Facility (IMRF)' and tree Recovery 000) Of vegetation control ($15, The increasing 000) allocations trimming ($40, 5 the crossing allocation ($ ►000) ssing guard servi Increasing 000) to provide a unique with Future America ($5,000 as an alternative to Contracting ro ram to community youth and gangreative involvementorsubstance abuse ts ($4,000) Purchase of vertical banners/ bracke ($5,000) Funding the graffiti reward program ment program the allocation for economic develop Increasing activities ($15'000) Valley ip in the San GabrielValley Allocations for membCon rtium and the Local Commerce and Cities Commission ($$►000) traffic control services Increasing of the allocation for,000)There is a related contracted by Calvary Chapel ($20 $20,000 revenue off -set. expenditures ncreasing of the allocations and reallocating I public Works activities: for several P offset) $30,000 (service fees revenue inspections 000 (Gas Tax reimbursed) Maint Maint. $133, reallocated to Parkway Parkway 000) Maint Sidewalk Repair ($43► reallocated to Parkway Curb/Gutter ($50,000) versonnsl Recommendations: et included an allocation al Budget employees. A The FY 1993-94 municipal City 1• and benefits increabenef its increase was for salary regarding the salary/ being taken decision reg the impact of actions then deferred, until better understood. by the State legislature could be the State's f isca113hincorpration) little As it turns out, (Post prop impact upon new cities such as Diamond Bar. BUDGET AMENDMENT NO. 2 MARCH 10,1994 PAGE THREE 1, Also, the recent property tax allocation agreement, has further strengthened the already with the County, enjoys,both in strong financial position that the City annualized revenues lteisurecommendedrthatntheeserve funds. Therefore, roved, as a recommended salary/benefits increase be app part of this Budget Amendment. 2. The FY 1993-94 Municipal Budget included the recommendation that three positions be reclassified: Engineering Technician to Assistant Civil Engineer; Planning Technician to Assistant Planner; an Administrative Analyst Administrative Assistant. The Y93-9Bud Budget included theallocationsnecessary to effect the reclassifications. For the same reason stated above, the decision regarding the it is reclassifications was deferred. Therefore, recommendeasthat Teofthree thisreclassifications Amendment,be approved, Pat 3, The FY 199tions 3-94 Municipal Budget includes alloEconomic for the City Newsletter/Recreation Brochure, Development informational/educational media, solid Solisoli Plan Waste informational/educational material, Generalinformational/educational media, Industry Materials Recovery Facility informational/educational media and other similar public information/educational media. It is important for the City to communicate information to the public. It has become increasingly clear that there is a need to reconsider thehick such ted, produced and communication media is crea distributed to the various publics the media is t is recommended intended to reach. Consequently, i that the City Council approve the addition of a full time employment position, which would supplant the need for consultants for a variety of informational media: newsletter/recreation brochure, solid waste, IMR, other similar economic development, general plan similan informational pieces. The funding for this p ositio would come from the reallocation of already budgeted monies in the areas of newsletter/brochure, economic development, solid waste, IMRF, part-time administrative intern. The proposed position would be The classified as a Community Relations acoordinato108.88). monthly salary would be $3,175.74 ( 08.8 Benefits would be $1,020 per month (annual $12The cost forr othenbalance nual mofnFYt1993-94ion 1 would d be $be�$14,700. f BUDGET AMENDMENT NO. 2 MARCH 10, 1994 PAGE FOUR allocation of recommends the This Budget Amendment Maintenance Gas Tax: newly consolidated Pates the $43,000 for $83,000 to the n ropOsed allocates Sidewalk account. The amount P Fund to fund the the FY 1993-94 the General approved in transfer to account that was aPpr in allocation of Also, an increase curbs, Maintenance arkway maintenance, General Fund Budget, for p 000 is $40,000 is recommended, An additional $10r elated. air. project - gutters and sidewalk repair. are not p utterProposed f or Inspections, the previous allocation ° 2 formalizes elated to the Budget Amendment Noital Improvement Fund, 000 to the Capital Project. Gold rings Road Golden Sp would 247 000 will be allocate652,531, which A total of $247,00 24 Gas Tax Reserves of $ approximately unappropriatedan unappropriated reserve of pP result in 500 to $405,531. allocates $�� Budget Amendment NOthe City's Pro -rata Quality Fund' payment for This Air 4 second and final 'f t Quality Element. fund the of the Air he East San Gabriel share of the preparation ion thrOug unappropriated obligation The resulting is a contractual Agreement* $31,344. Valley Joint Powers Ag would be approximately2 reduces reserve Budget Amendment NOS the Fund ('Quimby Act): b $250,000. This met, park Fees conditions not being the estimated revenue amount Y ated revenues is $100,000. result of approved subdivision map The revised anticip 187. during FY 94' 294, The estimated fund balance is $ 2 revises the Budget $ g p O me dm nt 0 0 0. The estimated Safety Fund. experience Traffic evenues from due to actual Courts. estimated r revenues is the local $45,000 to the levying Of traffic fines by related to 2 does Budget Amendment No. Fund: AlthoughOsition A Funds, much proposition A Ftuhe sale of Prof have offered as m not recommend that several cities PrOposition A to note each important Fund dollars for this type of 65 in General wish to consider short-term as $• The Council may source dollar. as a possible funding enhancement. for example. library services transaction 2 activities; Budget Amendment No. in haste Mgt• Fund' benefit it amounts Integrated Solid salaries and the Asst. ends the reductionrmooval Of the allocation of thisrecof due to this fund, , time. City Manager s BUDGET AMENDMENT NO. 2 MARCH 10, 1994 PAGE FIVE Proposition C Fund: Budget Amendment No. 2 would increase net revenues by an estimated $150,00. The estimated Prop. C annual revenues are being reduced from $520,000 to $400,000, which is a reduction of $120,000. This is due a lesser amount in sales tax revenues within the County, which tax is the revenue source for Prop. C. The Fund will receive a $270,000 grant from LAMTA, for Grand Ave. traffic signal synchronization. Traffic Mitigation Fund: Budget Amendment No. 2 reconciles the funding sources related to the Golden Springs Drive Resurfacing Project. Instead of Prop C as a funding source ($154,000), Gas Tax has been utilized to fund the $154,000 which was budgeted from Prop C monies. Capital Improvement Fund: Budget Amendment No. 2 indicates an increase in Developer Fees revenues of $102,400. These revenues are earmarked for traffic signal improvements on Brea Canyon Cut-off, related to a project located outside of the City. Community Development Block Grant Fund: Budget Amendment No. 2 reflects the shift of allocations between accounts. Operating Supplies has an allocation of $10,143 for senior programs and Professional Services is increased by $857 (total $5,000). The Contributions -Community Groups allocation is reduced by $11,000 (total $48,500). CITY OF DIAMON RBEN GENERAL FUN98394ATED ES 1 Property Taxes: Current Secured Current Unsecured Supplemental Roll Taxes prior Year Property s Misc. Property ra Interest, Pen. & Del. Other Taxes: Sales Tax Transient Occupancy Franchise Property Transfer Subventions - State: Motor Veh-in Lieu Mobile Home In -Lieu Cigarette Tax em tion Homeowners Ex P Off Highway Tax Fines & Forfeitures: General Fines Impound Fees False Alarm Fees Narcotics Seizure Graffiti Restitution parking Fines From Other agencies Intergovt Rev: State 1,183,000 927,600 91,000 91,000 0 0 0 0 2,201,600 1,274,000 "''"-- 117,300 11,800 Bldg permits 11,800 2,200,000 2,200,000 18,200 8 150,000 150,000 ,500 11,800 615,000 615,000 8,000 60,000 60,000 0 3,025,000 3,025,000 7,800 104,500 Inspection Fees 104,500 2,500,000 2,500,000 600 7,000 7,000 15,000 0 0 1,000 25,000 25,000 75,000 1,500 1,500 0 2,533,500 2,533,500 70,000 10,000 Coin Audit Adjustment 6,000 4,000 13,000 13,000 5,000 5,000 500 Budget Refinement 500 2,000 New 2,000 et Refinement 30 000 Budget 20'00018,500 10,000 60,500 44,000 503,000 Env Enh Pgm-60 FwY Proj 503,000 503,000 0 503,000 Current Svc. charges: Building Fees: 117,300 117,300 11,800 Bldg permits 11,800 18,200 plumbing Permits Permits 18,200 8 8,500 15,000 Budget Refinement Electrical Mechanical Permits ,500 11,800 3,200 8,000 Grading Permits 8,000 19,500 industrial Waste Fee 1g,500 7,800 permit Issuance Fee 7,800 104,500 Inspection Fees 104,500 600 Plan Check Fee 600 SMTP Fee Planning Fees: 15,000 15,000 1,000 Environmental Fees 1,000 75,000 Adv. planning Fees 75,000 0 Current planning Fees Permits 90,000 Line Item Adjustment Miscellaneous Engineering Fees: 70,000 20,000 Engr, Plan Check Fees CITY GENERAL FUND ESTIMATE RE 199 OF DIAMOND BEN Es Engr. Review Fees Engr. Permit Fees Engr. Inspection Fees Recreation Fees: Community Activities Athletics Fee Programs Contract Classes Special Event Fees Use of Money: interest Earnings Returned Check Charges Rents & Concessions SalelPrinted Material Donations Miscellaneous Interfund Transfers -In Res. Fund Balance GENERAL FUND TOTAL 500 6,000 6,000 200,000 200 5,500 5,000 3,100 200,000 200 5,500 5,000 3,100 0 213,800 213,800 45,000 954,700 Traffic Fines - $4 138,000 Gas Tax - $93,000 616,700 S Legal - $225,000 329,500 499,500 P 170,000 Library - $70,000 Elections - Recall $14 IRMF - $20,000 8 881 600 1 922 800 10 804 400 22,000 22,000 73,000 73,000 22,600 22,600 131,500 Calvary Chapel 131,500 20 000 20,000 40,000 812,800 904.600 8,200 200,000 200 5,500 5,000 3,100 200,000 200 5,500 5,000 3,100 0 213,800 213,800 45,000 954,700 Traffic Fines - $4 138,000 Gas Tax - $93,000 616,700 S Legal - $225,000 329,500 499,500 P 170,000 Library - $70,000 Elections - Recall $14 IRMF - $20,000 8 881 600 1 922 800 10 804 400 CITY OF DIAMOND BAR FY WDA MID -YEAR BUDGET AMENDMENT Council sdicare Expense 001-4010-0085 ambership & Dues 001-4010-2315 450 160 610 Budget Refinement blications 001-4010-2320 0 100 100 CEWAER, Josephine Inst of Ethics 0 400 400 New Council Publications, NAFTA Publ - aan Attorney scial Legal Services Not Change - City Attorney Manager all Tools & Equipment aphone iipment Rent let Change - City Manager ;lerk :e Supplies SII Tools & Equip tions at Change - City Clerk ,e ing Svcs - Auditing Svcs - Data Proc Jutlay - Computer Equip al Govt. fits , Supplies sting Supplies Service Charges I Lease of Equipment of Grounds & Bldgs ership & Dues yment Physicals vcs Equipment/Furniture apital Equipment Change - Gen. Govt. "sty Promotion 001-4020-4021 120,000 225,000 345,000 Adnl Defense - Reserves 225, 000 001-4030-1300 100 500 600 Time Clock Replacement 001-4030-2125 1,000 500 1,500 Budget Refinement 001-4030-2130 200 1, 200 Budget Refinement 000 001-4040-1100 001-4040-1300 1,500 0 600 2,100 Budget Refinement -Minute Bks 001-4040-2390 35,000 450 14,500 450 ,etc Time Clock Replacement 13,000 2,400 Entrance Sign Banners Budget Refinement 15, 550 49,500 Signature Verification -Recall 001-4050-2110 001-4050-4010 1,000 15,000 500 1,500 Budget Refinement -Asset Tags 001-4050-4030 15,000 540 (1,140) 15,540 13,860 Line Item Adjustment 001-4050-6230 0 29,400 Line Item Adjustment e Wages . Part Time 001-4210-0014 001-4210-0030 600 600 Printer Replacement Addnl due to General Plan e Expense applies 500 3,350 7,000 600 001-4090-0080 001-4090-1100 500 8,000 500 1,000 Addnl Unemployment Charges 001-4090-1200 3,000 (8,000) 8,000 0 Line Item Adjustment 001-4090-2128 0 1,500 11,000 Line Item Adjustment 001-4090-2130 8,500 500 5,500 500 Merchant Chg-Credit Cards 001-4090-2210 7,500 6, 000 14,000 Telephones, Beepers, Folding Mch etc 001-4090-2315 18,500 8,000 13,500 Com Area Maint Ste #190, Increase 001-4090-2345 0 26,500 Consortium Dues, Local Govt Comm. 001-4090-4000 30,000 1,000 6,000 1,000 Post Offer/Pre-employment Requirmts 001-4090-6220 0 3,000 36,000 Prop Tx Admin, Stratecon, Audio Visw 001-4090-6250 0 3,000 Pacesetter Equip, Workstation 1,050 1,050 Credit Card Processing Eq 31,550 ing Supplies I 001-4095-1200 9,000 4,000 Lease of Equipment 001-4095-2110 001-4095-2130 0 2,400 13,000 2,400 Entrance Sign Banners Budget Refinement Removal Rewards 001-4095-2360 0 0 3,000 3,000 Budget Refinement iic Development :hange - Com Promotion 001-4095-4260 25,000 5,000 15,000 5,000 40,000 Graffiti Reward Prgm Implementation 29,400 Economic Development Pgm e Wages . Part Time 001-4210-0014 001-4210-0030 2,000 10,250 2,000 4,000 Addnl due to General Plan e Expense applies 001-4210-0085 3,350 7,000 600 17,250 Addnl due to General Plan n9 001-4210-1100 1,000 500 3,950 Addnl due to General Plan 001-4210-2115 2,000 3,000 1,500 Budget Refinement 5,000 Budget Refinement, Gen Plan Maintenance - Equipment Travel - Conf & Mtgs Education/Training Prof Svcs - Planning Prof Svcs - General Plan Prof Svcs - Environmental Net Change - Planning Parks Administration Overtime Operating Supplies Small Tools & Equipment Advertising Maint - Equipment Travel - Conf & Mtgs Professional Svcs Net Change - Parks Admin Heritage Park Maint - Grounds & Bldgs Misc. Capital Equipment CIN OF DIAMOND BJIR FY 93-94 MID -YEAR BUDGET AMENDMENT 001-4210-2200 500 200 700 001-4210-2330 2,000 1,000 3,000 001-4210-2340 0 500 500 001-4210-4210 20,000 (20,000) 0 001-4210-4220 33,000 20,000 53,000 001-4210-4240 25,000 20,000 45,000 Net Change - Recreation 35,300 9,700 001-4310-0020 620 800 1,420 001-4310-1200 4,800 2,000 6,800 001-4310-1300 1,500 (1,500) 0 001-4310-2115 0 100 100 001-4310-2200 1,800 200 2,000 001-4310-2330 200 500 700 001-4310-4300 4,000 (4,000) 0 (1,900) Code Enforcement Truck Maint Plnr Institute, Loc Gvt Com Conference Staff Seminars Line Item Adjustment Line Item Adjustment MRF Study Maint Wkr Call -outs Line Item Adjustment, Budget Refmnt Line Item Adjustment Ads - Maint Wkr, Tiny Tots Co-ord Budget Refinement Budget Refinement Line Item Adjustment (see 4350) 001-4313-2210 5,250 (950) 4,300 Line Item Adjustment 001-4313-6250 3,200 950 4,150 Line Item Adjustment - Floor Buffer 0 Peterson Park Maint - Grounds & Bldgs 001-4319-2210 4,000 200 4,200 Budget Refinement 200 Sycamore Cyn Park Contract Services 001-4331-5300 25,500 4,500 30,000 Landslide Repair Net Change - Summitridge Pk 4,500 Recreation Services Overtime 001-4350-0020 0 500 500 Budget Refinement Postage 001-4350-2120 250 100 4,000 350 4,000 Spring Brochure Mailing Line Item Adjustment (See 4310) Professional Svcs Professional Svcs - Com Svcs 001-4350-4000 001-4350-4300 0 0 5,000 5,000 Future America Program Concerts in the Park 001-4350-5305 10,300 100 10,400 Budget Refinement Net Change - Recreation 9,700 Library Services Contract Services 001-4355-5300 0 70,000 70,000 Library Funding -Two Days/Books 70,000 Law Enforcement Contr Svcs- Crossing Guards 001-4411-5531 55,000 5,000 60,000 Budget Refinement -Traffic Safety Trsf Contr Svcs -Special Evts 001-4414-5401 20,000 20,000 40,000 Reimbursed - Calvary Chapel Net Change - Law Enforcement 25,000 Emergency Preparedness Utilities 001-4440-2126 0 200 200 Electric - Communications Site Misc Capital Equipment 001-4440-6250 0 650 650 TV\VCR for EOC 850 Public Works Contr Svcs -Inspections 001-4555-5227 10,000 30,000 40,000 Gas Tax Reimb ($10,000), Rev Offset B Rfnmt - Gas Tx Reimb, Line Item Ad, Contr Svcs -Pkwy Maint Contr Svcs -Sidewalk Repair 001-4555-5503 001-4555-5504 12,700 43,000 133,000 (43,000) 145,700 0 Line Item Adjustment Contr Svcs-Curb/Gutter 001-4555-5505 50,000 85,000 (50,000) 15,000 0 100,000 Line Item Adjustment Budget Refinement Contr Svcs -Vegetation Control 001-4555-5508 CITY OF DIAM0101❑ 11AR FY 93-94 MID YEAR BUDGET AMENDMENT NOL VIIAI Iav - ruvnv ..nv Environmental Enhancement Pgm Utilities 001-4556-2126 3,000 3,000 State Grant - 60 Fwy Project Contract Services - PW 001-4556-5500 500,000 500,000 State Grant - 60 Fwy Project Net Change - Env. Enh. Pgm 503,000 Net Change to General Fund Appropriations 1,075,310 Total Revenues 8,881,600 1,833,300 10,714,900 Total Appropriations 8,569,585 1,075,310 9,644,895 Change in Fund Balance 312,015 757,990 1,07 ,005 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 1993-94 TRAFFIC SAFETY FUND FUND DESCRIPTION: The City receives traffic fines levied by local courts. California Penal Code (section 1463(b)) requires that these funds are to be used for traffic safety purposes. These funds are recorded in the Traffic Safety Fund and then are consequently transferred to the General Fund for traffic safety purposes. City Council City Council Amended Amendment #2 Amended Explanation ESTIMATED RESOURCES: 3215 Vehicle Code Fines 30,000 45,000 75,000 Court Adjustment 3610 Interest Revenue 200 200 TOTAL $30,200 $45,000 $75,200 APPROPRIATIONS: 4915-9001 Trans out - Gen Fund 30,200 45,000 75,200 Court Adjustment TOTAL $30,200 $45,000 $75,200 CITY OF DIAMOND BARr.Me SPECIAL FUNDS BUDGET AMENDMENT FUt+tO'f'#ht. Stt ftaiaMonst 1993-94 1FUMa#. 11 t GAS TAX FUND The City receives funds from Sections 2105, 2106, 2107, and 2107.5 of the Streets and Highway Code. State law requires that these revenues be recorded in a Special Revenue Fund, and that they be utilized solely for street -related purposes such as new construction, rehabilitation, or maintenance. During FY 93-94, the City Manager is recommending that $2,645,600 be used for Capital Improvement Projects (see listing). In addition, $744,500 is to be allocated to the Public Works operations budget to fund street maintenance programs (see listing). All Gas Tax revenue is received in this fund and transferred as required per City Council direction. CAPITAL PROJECTS INCLUDE: 65,000 PW -Operating Exp Various Street Improvements PW -Engineering 1,000 01494 Slurry Seal 185,000 20,000 01394 Brea Cyn Rd - South 200,000 200,000 05694 DB Blvd -Sidewalks 150,000 06494 DB Blvd -Rehab 650,000 40,000 06994 Pathfinder@Brea Cyn 160,000 4,000 07094 DB BI/ShCyn/FtnSpgs 165,000 800 07194 Gidn Spg@Prospectors 125,000 744,500 07294 Gidn Spg@Gidn Prados 125,000 07394 Gidn Spg @ Carpio 125,000 Subtotal CIP Fund 1,885,000 06394 Grand Ave Overlay 300,000 Subtotal Grand Ave Fund 300,000 06194 Gidn Sprg Reconstr 460,600 Subtotal Trf Mit Fund - Gldn Spgs 460,600 2,645,600 TRANSFER TO GENERAL FUND: Salaries & Benefits 65,000 PW -Operating Exp 46,200 PW -Engineering 1,000 PW Admin-Contr Svcs 92,800 Inspection 20,000 Street Sweeping 100,000 Road Maint 200,000 Pkwy Maint 145,700 Sidewalk Repair Crb/Gutter Repair Strping/Signing 40,000 Storm Drainage 8,500 Bridge Maint 4,000 Storm Damage 2,000 T & T - Operating Ex 800 T & T - Traffic 18,500 744,500 CITY OF DIAMOND BARt�ra s► R8v$nle; SPECIAL FUNDS BUDGET AMENDMENTUNC'I+LiI�. Str Alalatl�st 1993-94 �tir�© 111 GAS TAX FUND City Council Amended Amendment #2 City Council Amended Explanation ESTIMATED RESOURCES: $2,443,396 2550 Approp. Fund Balance $2,443,396 276,377 3171 Gas Tax - 2106 276,377 605,114 3172 Gas Tax - 2107 605,114 7,500 3173 Gas Tax - 2107.5 7,500 403,244 3174 Gas Tax - 2105 403,244 60,000 3610 Interest Revenue 60,000 $3,795,631 $3,795,631 $0 TOTAL APPROPRIATIONS: 651,500 93,000 744,500 Increased Svcs., B. Refnmt 4915-9001 Trans out -Gen Fund 300,600 00 4915-9225 Trans out - Grand Av 306,600 306,600 154,000 Golden Springs Reconst. 4915-9227 Trans out - Trf Mitgtn 1,885,000 1,885,000 4915-9250 Trans out- CIP Fund 652,531 (247,000) 405,531 2550 Reserves TOTAL $3,795,631 $0 $3,795,631 The City receives Proposition A Tax which is a voter approved sales tax override for public tipurposes. '�to these and d approvedPro1ect penditres. Budgeted expenditures this fiscal year include hold shuttle, excursions, and transit services. ESTIMATED RESERVES: 2550 Fund Balance Reserve 3110 Local Trans Tx-Prp A 3610 Interest Revenue 3915 Transfer in/Gen Fd 4099-0083 TOTAL APPROPRIATIONS: 4090-7230 Contribs -Other Govt 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkes Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4360-2115 Advertising 4360-5310 CS-Exursions 4360-5315 CS -Holiday Shuttle 4360-6100 Automotive Equipment 4553-5500 Professional Svcs 4553-5528 Public Transit Svcs. 4553-5529 Para -Transit Svcs. 4915-9250 Trans out - CIP Fund 4915-9001 Trans out - Gen Fund 2550 Fund Balance Reserve 6,000 TOTAL PERSONNEL INCLUDES: Transportation Planner City Council Approved Amendment City Council Explanation Amended P $493,830 Actual Fund Bal @ 6130193 $150,414 $343,416 (16,420) $483,580 Adjusted Revenue Est 500,000 $18,000 18,000 $668,414 $326,996 $995,410 51,600 51,600 600 600 8,150 8,150 500 500 800 800 6,000 6,000 500 500 25,000 25,000 25,000 5,500 25,000 5,500 Purchase of Vans 0 20,000 20,000 Diamond Ride 25,000 25,000 0 20,000 301,496 20,000 806,760 Fund Balance Adj 505,264 $668,414 $326,996 $995,410 1.0 6 n c m n c CL m 4069 4 w v 0 N � O+ W CC) cyl Cc" -n -n 3 -< �. to to n co N W S, W.. -n T C C 3 3 OL OL N N m CL 3 CL m � n a K 06 a 3 N n 0 3 `D 0 � D - 7 CL H m w 3' �• 5 m c 3 CL 40 < CDL 3 CD W LTI al Lq Co cNo O O 00 O O W Co O CA co V (D 00 co O O A O Ul O j 00 W W Co N 00 N V 00 O V C31 00 J v 4 V (D W N 40 W LTI al Lq Co cNo O O 00 O al Lq Co N W W N O W On O V (D 00 co O OD W W V C31 00 v O 0 N CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 1993-94 PROPOSITION C FUND i=Ui? TA 5pec(at Revenue' �t 1GtN 5tt MaintlConsr 1i3 The City periodically receives additional al County. These funds must be used for street_related State Gas Tax funds from Los Angeles or maintenance. In order to receive these funds the approval. Budgeted as a transfer to the General Fund is $55,000 es such as construction, rehabilitation, an additional City must submit a project to the County for $20,000 for contract engineering costs. for pavement management and CAPITAL PROJECTS /NCLUDE. 07494 Grand Ave Signal Synch. 06494 Diamond Bar Blvd Rehab $420,000 200,000 $620,000 City Council ESTIMATED RESOURCES: fended Amendment #2 City Council Amended 2550 Fund Balance Reserve Explanation 3112 Transportation Tax $913,429 3350 " 3610 ty Descretlonary Grant Interest Revenue 520,000 (120,000 ) 270,000 $913,429 400,000 Line Item Adj.,Budget TOTAL Ref 270,000 Line Item Adjustment APPROPRIATIONS: $1,433,429 $150,000 $1,583,429 4915-9001 Trans out - Gen Fund 4915-9250 Trans out - CIP Fund 75,000 2550 Fund Balance Reserve 620,000 75,000 TOTAL 738,429 $1,433,429 150,000 $150,000188,429 620,000 Budget Refinement $1,583,429 CAPITAL PROJECTS /NCLUDE. 07494 Grand Ave Signal Synch. 06494 Diamond Bar Blvd Rehab $420,000 200,000 $620,000 The Integrated Waste Management Fund was created during FY 90-91, to account Afor B9expenditures and revenues related to the activities involved with the City's efforts to comply with Revenues recorded in this fund are the recently adopted waste hauler permit fees. City Council Amended Amendment #2 City Council Amended Explanation ESTIMATED RESOURCES: $19,760 2550 Reserve Fund Balance $19,760 0 3480 Waste Hauler Permits 10,000 ( ,000) 0 Budget Refinement g 3481 Application Fees 78,000 (5,000) (5 73,000 Budget Refinement 3482 AB939 Admin Fees 2,000 2,000 3483 Annual Fees 344 456 800 Budget Refinement 3610 Interest Revenue TOTAL $110,104 ($14,544) $95,560 APPROPRIATIONS: 52,570 (21,130) 31,290 Budget Refinement (ACM) 4099-0010 Salaries (140) 430 Budget Refinement (ACM) 4099-0070 City Paid Benefits 570 8,250 (3,230) 5,020 Budget Refinement (ACM) g 4099-0080 Benefits (200) 310 Budget Refinement (ACM) 4099-0083 Wkr's Comp Exp. 510 760 (300) 460 Budget Refinement (ACM) 4099-0085 Medicare Exp. 6,000 (1,500) 4,500 Budget Refinement (ACM) 4099-0090 Cafeteria Benefits 1,000 1,000 4515-1200 Dept. Supplies 1,500 1,500 4515-2110 Printing 0 500 500 Budget Refinement 4515-2115 Advertising 25 0 250 4515-2320 Publications 1,500 1,500 4515-2340 Education & Training 0 4515-4000 Prof Svcs -JPA 25,000 25,000 4515-4500 Contract Services 5,000 (5,000) 0 Budget Refinement 4515-6230 Computer Equipment 7,344 16,456 23,800 Budget Refinement 2550 Reserve Fund Balance $110,104 ($14,544) $95,560 TOTAL PERSONNEL: Full Time: Asst City Manager .00 Asst to City Mgr .50 Exec. Secretary .25 Total Positions .75 FUND DE 1 TI N: 66. This fund was established in FY 1991-92 to account for rev ern�es received as a result of AB27 AB 2766 authorizes thei`mpositi managemenn of an lt plans tional oand provisions of the California tor vehicle regstrBtOn fee to C can Air the implementation of a quality Act of 1988- City Council City Council ee,ondment Amended Appruvvu - - - ESTIMATED RESOURCES: 41,434 41,434 2550 Approp. Fund Balance 40,000 40,000 3315 Pollution Reduc Fees 1,000 1,000 3610 Interest Revenue $82,434 $0, $82,434 TOTAL APPROPRIATIONS: 10,610 10,610 4099-0010 Salaries 4099-0070 City Paid Benefits 150 150 1,670 4099-0080 Benefits 1,670 110 110 4099-0083 Wkfs Comp Exp 950 950 4099-0085 Medicare Cafeteria Benefits 1,500 1,500 1,000 4099-0090 1,000 100 4098-2110 Printing 4098-2320 Publications 100 5,000 5,000 7,500 Air Quality Element 4098-4000 Professional Svcs 7,500 4098-5000 Contract Services 7,500 7,500 4098-6100 Vehicle Equipment 15,000 15,000 4098-6230 Computer Equipment 38,844 (7,500) 31,344 2550 Approp. Fund Balance $82,434 $0 $82,434 TOTAL PERSONNEL: 0.25 Asst to City Mgr CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET AMENDMENT 1993-94 PARK FEES FUND FUND DESCRIPTION Within the Subdivision Map Act of the California State Constitution Is a requirement that developers either contribute land or pay fees to the local municipal government to provide recreational facilities within the development. This fund is used to account for the fees received. City Council City Council Amended Amendment #2 Amended Description ESTIMATED REVENUE: 2550 Approp. Fund Balance $188,187 $188,187 3456 Quimby Fees 350,000 (250,000) 100,000 Budget Refinement 3610 Interest Revenue 6,000 6,000 TOTAL $544,187 ($250,000) $294,187 APPROPRIATIONS: 9001 Transfer Out -Gen Fd 10,000 10,000 9250 Transfer Out-CIP Fd 88,500 88,500 2550 Reserves 445,687. (250,000) 195,687 Budget Refinement TOTAL $544,187 ($250,000) $294,187 CAPITAL PROJECTS INCLUDE: 07594 Park Sign Retrofit $30,000 07694 Bsktball&Tennis Ct Imp 8,500 Varlous Park Improvement: 50,000 $88,500 CITY OF DIAMOND BAR M SPECLAL FUNDS BUDGET AMENDMENT°n"�mity io-v 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT FUND The City receives an annual CDBG allotment from the federal government via the CDC. The purpose of this grant is to fund approved community development projects. It is anticipated that these most of these funds will be used for the construction of a senior center. ESTIMATED RESOURCES: 2550 Approp. Fund Balance 3330 CDBG Revenue TOTAL APPROPRIATIONS: 4215-0010 Salaries 4215-0030 Wages - Part Time 4215-0070 City Paid Benefits 4215-0080 Benefits 4215-0083 Wkr's Comp Exp. 4215-0085 Medicare Exp. 4215-0090 Cafeteria Benefits 4215-1200 Operating Supplies 4215-2355 Contrbtns-Com Groups 4215-4000 Professional Svcs 4215-6250 Misc Capital Equip 4915-9250 Transfer Out-CIP 2550 Reserves TOTAL PERSONNEL INCLUDES: Admin Assistant Clerk Typist Com Dev Director Part Time : CS Coordinator/Seniors City Council Amended Amendment #2 City Council Amended Explanation $0 $0 322,105 322,105 $322,105 $0 $322,105 18,610 18,610 7,870 7,870 260 260 2,930 2,930 290 290 890 890 2,700 0 10,143 2,700 10,143 Sr Pgm„ NEAT Pgm, Admin 59,500 (11,000) 48,500 4,143 857 5,000 NEAT Pgm 32,750 32,750 167,580 167,580 24,582 24,582 $322,105 $0 $322,105 0.25 0.10 0.10 0.45 1.00 CAPITAL PROJECTS INCLUDE: 84,600 06694 ADA Park Retrofit 06794 Handicap Access Ramps 82,980 $167,580 CITY OF DIAMOND BAR FUf�ED T'E Capital Project SPECIAL FUNDS BUDGET AMENDMENTS C�tpltl 1993-94 TRAFFIC MITIGATION FUND -GOLDEN SPRINGS FUND DESURIV I Ivn: This fund was established in FY 90-91 to account for traffic mitigation fees received from developers. These revenues are to be used to improve traffic flow around and through major developments, such as the Gateway Corporate Center. City Council City Council Approved Amendment #2 Amended Explanation ESTIMATED RESOURCES: 285,238 2550 Reserved Fund Bal 285 238 0 3466 Engr-Traffic Mit. Fees 0 3610 Interest Revenue 154,000 (154,000) 0 Correction to Previous BA 3915-9113 Transfer In - Prop C 20,000 20,000 3915-9255 Transfer In -S6821 306,600 154,000 460,600 Correction to Previous BA 3915-9111 Transfer In -Gas Tax $765,838 $0 $765,838 TOTAL APPROPRIATIONS: 752,000 Golden Springs Rehab 4510-6411 Street Improvements 752,000 0 4510-6412 Traffic Control Imp 13838 13,838 2550 Reserved Fund Bal $765,838 $0 $765,838 TOTAL CAPITAL PROJECTS INCLUDE: 06194 Gldn Sprgs Reconstruction $752,000 This fund was created to account for the City capital improvement projects which are not required to be accounted for in independent funds. The revenues in this fund will generally come from transfers -in from other funds and have been identified for specific capital projects. ESTIMATED RESOURCES: 2550 CIP Reserve-Traf Sig 3455 Developer Fees 3610 Interest Revenue 3915-9001 Transfer in -Gen Fd 3915-9111 Transfer in -Gas Tx 3915-91.13 Transfer in -Prop C 3915-9121 Transfer in -Pk Grant 3915-9122 Transfer in -Pk Fees 3915-9123 Trnsfer in-Prp A Pks 3915-9125 Transfer in-CDBG 3915-9138 Transfer in-LLAD #38 3915-9255 Transfer in -SB 821 167,580 TOTAL APPROPRIATIONS: 4510-6411 Street Improvements 4510-6412 Traffic Control Imp 4310-6415 Park & Rec Imprmts 4510-6416 Landscape & Irr Imp 4215-6420 Municipal Bldg & Fac 2550 CIP Reserve-Traf Sig 2550 CIP Reserve-Str Imp 150,000 TOTAL City Council Amended Amendment #2 City Council Amended Explanation 25,000 102,400 127,400 Fees Collected -Signal Impr 0 100,000 100,000 1,885,000 1,885,000 620,0000 Grand Av Synch 470,000 150,000 88,500 88,500 1,610,000 1,610,000 167,580 167,580 0 60,000 60,000 $4,406,080 $252,400 $4,658,480 1,445,000 1,445,000 ,1000 Grand Av Synch 995,000 150,000 1,14 1,783,100 0 182,980 182,980 102,400 Signal Imp - 57Fwy/Br Cyn 102,400 0 $4,406,080 $252,400 $4,658,480 FY93-94 CAPITAL IMPROVEMENT PROJECTS INCLUDE: STREET IMPROVEMENTS: $185,000 01494 Slurry Seal (IV Phase) Gas Tax 01394 Brea Cyn Rd (South) 210,000 Gas Tax (200,000) SB 821 (10,000) 05694 D Bar Blvd Sidewalks 150,000 Gas Tax 06494 Diamond Bar Blvd Rehab 900,000 Gas Tax (650,000) Prop C (200,000) SB 821 (50,000) TOTAL STREET IMPROVEMENTS $1,445,000 TRAFFIC CONTROL IMPROVEMENTS: 06994 Pathfinder @ Brea Cyn Rd $160,000 Gas Tax 07094 DB BI/Shadow Cyn/Ftn Spgs 190,000 Gas Tax (165,000) Dev Fees (25,000) 07194 Gldn Sprgs @ Prospector's 125,000 Gas Tax 07294 Gldn Sprgs @ Gidn Prados 125,000 Gas Tax 07394 Gldn Sprgs @ Carpio 125,000 Gas Tax 07494 Grand Ave Signal Synchr 420,000 Prop C (MTA) TOTAL TR CONTROL IMPROVEMENTS $1,145,000 PARK & REC IMPROVEMENTS: 06594 Pantera Pk -Design & Dev $1,470,000 Prop A -Safe Pks 02494 Peterson Pk -Lights 140,000 Prop A -Safe Pks 06694 ADA Parks Retrofit 84,600 CDBG 07594 City Park Signage Retrofit 30,000 CITY OF DIAMOND BAR SPECIAL FUNDS BUDGET 1993-94 CAPITAL IMPROVEMENT PROJECTS FUND Quimby Act 07694 Basketball & Tennis Ct Imp 8,500 Quimby Act Various Pk Improvements 50,000 Quimby Act TOTAL PARK IMPROVEMENTS $1,783,100 MUNICIPAL BUILDINGS & FACILITIES: 06394 Land Acquisition $100,000 General Fund 06794 Handicap Access Ramps 82,980 CDBG TOTAL MUNICIPAL BLDGS & FACILITIES $182,980 GRAND TOTAL - CAPITAL PROJECTS $4,556,080 DRAFT City of Diamond Bar Tuesday: March 8, 1994 Meeting Agenda For Page: 1 PRIVATE March 15, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER ROLL CALL: COUNCIL MEMBERS ANSARI, PAPEN, MILLER, MAYOR PRO TEM HARMONY, MAYOR WERNER 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 2.1 PRESENTATION BY ANNE STEPHENS, REPRESENTING SUPERVISOR Deanne Dana's office, Safe Community's Week 2.2 PRESENTATION OF CITY TILE TO ANNE STEPHENS ... ( L—pcIV, 2.3 PROCLAMING APRIL 3, THROUGH APRIL 10, 1994 COMMEMORATING "FIFTY YEARS AGO: DARKNESS BEFORE DAWN" COMMEMORATION OF HOLOCAUST MEMORIAL MUSEUM 3. PUBLIC COMMENTS: 4. COUNCIL COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: (,01 Otic 5.,d"L GENERAL PLAN ADVISORY COMMITTEE - MARCH 22, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.X3 PARKS & RECREATION COMMISSION - MARCH 24, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.,Aq PLANNING COMMISSION - MARCH 28, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 5.,dS--GENERAL PLAN ADVISORY COMMITTEE - MARCH 29, 1994 - 7:00 P.M., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.,$C� CITY COUNCIL MEETING - APRIL 5, 1994 - 7:00 P.M. AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 15, 1994 - Approve as submitted. Requested by City Clerk 6.2 VOUCHER REGISTER - APPROVE VOUCHER -REGISTER DATED MARCH 15, 1994 in the amount of Requested b� City Manager 6.3 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY 14, 1994 - Receive & File. City of Diamond Bar Tuesday: March 8, 1994 Meeting Agenda For Page: 2 PRIVATE March 15, 1994 6.3 PLANNING COMMISSION MINUTES - REGULAR MEETING OF FEBRUARY Requested by Community Development Director 6.4 b OF CLAIMS: ffejec,han 6.4.1 FILED BY COUNTY OF LOS ANGELES - CLAIM FOR INDEMNIFICATIO (Mora Wills, et al) on February 22, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.4.2 FILED BY COUNTY OF LOS ANGELES CLAIM FOR INDEMNIFICATION Ramos and Martinez) on February 18, 1994. Recommended Action: Reject request and refer matter for further action to Carl Warren & Co., the City's Risk Manager. Requested by City Clerk 6.5 RELEASE OF WATER IMPROVEMENTS SURETY BOND POSTED FOR TRACT 36741 (Montefino Condominium Complex) - The City desires to release the Surety Bond posted for the installation of water mains and fire hydrants on Bodega Way and Colombard Ln. (private streets) in the amount of $94,000 for faithful performance and $47,000 for labor and material. Recommended Action: Approve and accept the completed work and release the surety bond posted. Requested by City Engineer 6.6 NOTICE OF COMPLETION - GRAND AVENUE GUARDRAILS - Recommended Action: Requested by City Engineer 6,�7� NOTICE OF COMPLETION - COAST Z, NDSCAPE 60 FREEWAY TREE Planting 0 �(,� •}o ✓ l 1 Recommended Action: Requested by Community Services Director 7. PUBLIC HEARINGS: NONE 8. OLD BUSINESS: 8.1 SECOND READING - ORDINANCE NO. 01(1994): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER City of Diamond Bar Tuesday: March 8, 1994 Meeting Agenda For Page: 3 PRIVATE March 15, 1994 8.1 SECOND READING - ORDINANCE NO. 01(1994): AN ORDINANCE OF 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 - The City Council conducted a Public Hearing on February 15, 1994 to consider the re -adoption of Chapter 99 of the L.A. County Building Code entitled "Building and Property Rehabilitation." The re -adoption of Chapter 99 is proposed to enhance or replace existing code enforcement tools. The Ordinance will serve on an interim basis and remain in effect until August ??, 1994 unless repealed or extended. Continued from March 1, 1994. Recommended Action: Waive full reading and adopt Ordinance No. 01(1994). Requested by Mayor/Community Development Director 8.2 VERBAL PROGRESS REPORT ON GENERAL PLAN ADVISORY COMMITTEE - continued from March 1, 1994 Requested by M/Werner 8.3 BUSINESS RETENTION, ATTRACTION & DEVELOPMENT - Recommended Action: Requested by Asst. City Manager 8.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY. Continued from March 1, 1994 Requested by MPT/Harmony 9. NEW BUSINESS: 9.1 SIGN ON GOLDEN SPRINGS "FLASHING'�64-�B9ACON AHEAD" - Recommended Action: Requested by City Engineer 9.2 ANNOUNCEMENT OF NAMES OF MEMBERS OF MATERIALS RECOVERY FACILITY (MRF) AND CULTURAL COMMITTEES - Recommended Action: Requested by Mayor /- RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A NON -DISPOSAL FACILITY ELEMENT City of Diamond Bar Tuesday: March 8, 1994 e• 4 Meeting Agenda For pa g PRIVATE March 15, 1994 9.3 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE Recommended Action: Requested by City Manager 9.4 BUDGET AMENDMENT - Recommended Action: Requested by City Manager �9.5 ORDINANCE NO. j ✓ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR Recommended Action: Requested by Council Member Papen 9.6 CONTRACT OF ASSESSMENT ENGINEER - Recommended Action: Requested by City Engineer 9.7 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - Recommended Action: Requested by City Engineer 9.8 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - Recommended Action: Requested by City Engineer 9.9 RESOLUTION NO. 94 -XX: A RESOLUTION CITYFENGINEERCITY TO PREPARECOUNCIL FANDE CITY OF DIAMOND BAR ORDERING THE TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1994-95 - Recommended Action: Tuesday: March S, 1994 City of Diamond Bar Page: 5 Meeting Agenda For g PRIVATE March 15, 1994 9.9 RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE Requested by City Engineer 9.10 AMENDMENT ATO HERITAGE PARK A K TION RCOMMUNITY CENTER FACILITY USE POLICY Recommended Action: Requested by Community Services Director 10. ANNOUNCEMENTS: 11. CLOSED SESSION:MAY CONVENE TO CONSIDER: MATTERS OF PENDING Litigation,(G.C. 54956.9) 12. ADJOURNMENT: